Animals Transport (Protection) Regulations, 2003

B

L.N. 267 of 2003

ANIMAL WELFARE ACT

(ACT NO. XXV OF 2001)

Animals Transport (Protection) Regulations, 2003

IN exercise of the power conferred by article 22 of the Animal Welfare Act, the

Minister for Rural Affairs and the Environment made the following regulations:-

CHAPTER I

General provisions

Title, application and scope.

(1) The title of these regulations is the Animals Transport (Protection)

Regulations, 2003.

(2) These regulations apply to the transport of -

(a) domestic solipeds and domestic animals of the bovine, ovine,

caprine and porcine species;

(b) poultry, domestic birds

and domestic rabbits;

(c) domestic cats and domestic dogs;

(d) other mammals and birds;

(e) other vertebrate animals and cold-blooded animals.

These regulations do not apply –

(a) to transport which is not of a commercial nature or to any

individual animal accompanied by a natural person who has

responsibility for the animal during transport;

(b) to the transport of pet animals accompanying their owner on a

private journey;

(c) without prejudice to further national provisions which may be laid

down according to article 22 of the Animal Welfare Act, to the

transport of a commercial nature of animals not intended for trading

partners and carried out inside the Maltese islands and from the

territory of Malta to the territory of Gozo.

(3) The scope of these regulations is to implement the provisions found under

European Union Council Directive 91/628/EEC on the protection of animals

during transport.

CHAPTER I

Domestic solipeds and domestic animals of the bovine, ovine, caprine and porcine species

General provisions.

1. Pregnant animals likely to give birth during carriage or animals having given birth during the

preceding 48 hours, and newborn animals in which the navel has not completely healed, shall not be

considered fit for transportation.

2. (a) Animals shall be provided with adequate space to stand in their natural position

and, when necessary, partitions to protect the animals from motion of the means of transport.

Unless special conditions for the protection of animals require otherwise, room to lie down

shall be provided.

(b) The means of transport and containers shall be constructed and operated so as to

protect animals against inclement weather and marked differences in climatic conditions.

Ventilation and air space shall be in keeping with the conditions of transport and appropriate

for the species of animals carried.

Sufficient space should be provided inside the animals' compartment and at each of its levels

to ensure that there is adequate ventilation above the animals when they are in a naturally

standing position without on any account hindering their natural movement.

(c) Means of transport and containers shall be easy to clean, escape proof and shall

be so constructed and operated as to avoid injury and unnecessary suffering to animals and to

ensure their safety during transport. Containers in which animals are transported shall be

marked with a symbol indicating the presence of live animals and a sign indicating the

animals' upright position. They shall allow for the inspection and care of the animals and

shall be stowed in a way which does not interfere with ventilation. During transport and

handling, containers shall always be kept upright and shall not be exposed to severe jolts or

shaking.

(d) During transport the animals must receive water and appropriate food at the

intervals laid down for this purpose in Chapter VII.

(e) Solipeds shall wear halters during transport. This provision need not apply to

unbroken foals or to animals transported in individual boxes.

(f) When animals are tied, the ropes or other attachments used shall be strong

enough not to break during normal transport conditions, and long enough to allow the

animals, if necessary, to lie down and to eat and drink, and shall be designed in such a way as

to eliminate any danger of strangulation or injury. Animals shall not be tied by the horns, or

by nose rings.

(g) Solipeds shall be transported in individual stalls or boxes which are designed to

protect the animals against jolts. However, such animals may be transported in groups; in that

case, care must be taken to ensure that animals which are hostile to one another are not

transported together or where they are transported together, that they have their hind hoofs

unshod.

(h) Solipeds shall not be transported in vehicles with more than one deck.

B

3. (a) When animals of different species travel in the same means of transport they

shall be segregated according to species, except in the case of companion animals where

separation would cause distress. Furthermore, special measures shall be taken to avoid

adverse reactions which might result from the transport in the same consignment of animals

naturally hostile to each other. When animals of different ages are carried in the same means

of transport, adults and young animals shall be kept separate; this restriction shall not,

however, apply to females travelling with their young which they suckle. Uncastrated adult

males shall be kept separate from females. Adult breeding boars shall be separated from each

other. This shall also apply to stallions. These provisions shall apply only insofar as the

animals have not been raised in compatible groups or are not accustomed to one another.

(b) In compartments in which animals are transported, goods shall not be loaded

which could prejudice the welfare of the animals.

4. Suitable equipment for loading and unloading of animals such as bridges, ramps or gangways shall

be used. The flooring of this equipment shall be constructed so as to prevent slipping, and the

equipment shall be provided with lateral protection if necessary. During transport, animals shall not be

suspended by mechanical means, nor lifted or dragged by the head, horns, legs, tail or fleece. In

addition, the use of electric prods should be avoided as far as possible.

5. The floor of the means of transport or container shall be sufficiently strong to bear the weight of the

animals being transported: it shall be of non-slip design; if it has any spaces or perforations these shall

be completely smooth to prevent injury to the animals. The floor shall be covered with sufficient litter

to absorb droppings unless this can be dealt with in a different way presenting at least the same

advantages or unless droppings are regularly removed.

6. In order to ensure the necessary care of the animals during transport, consignments of livestock

shall be accompanied by an attendant, except in the following cases –

(a) where animals are transported in containers which are secured, adequately

ventilated and, where necessary, containing enough food and water, in dispensers which

cannot be tipped over, for a journey of twice the anticipated time;

(b) where the transporter performs the functions of attendant;

(c) where the consignor has appointed an agent to care for the animals at appropriate

staging points.

7. (a) The attendant or consignor's agent shall look after the animals, feed and water

them and, if necessary, milk them.

(b) Cows in milk shall be milked at intervals of about 12 hours but not exceeding 15

hours.

(c) To enable the attendant to provide this care, he shall, if necessary, have available

a suitable means of lighting.

8. Animals shall be loaded only into means of transport which have been thoroughly cleaned and

where appropriate, disinfected. Dead animals, litter and droppings shall be removed as soon as

possible.

B

B.

Special provisions for transport by road.

14. Vehicles shall be escape-proof and so constructed as to ensure the safety of the animals and shall

also be equipped with a roof that ensures effective protection against the weather.

15. Tying facilities shall be provided in vehicles used in the transport of large animals which are

normally required to be tied. When vehicles are required to be subdivided, the partitions shall be of

rigid construction.

16. Vehicles shall carry suitable equipment complying with the requirements of part A point 4.

C.

Special provisions for transport by water.

17. The fittings of vessels shall be such that animals can be transported without injury or unnecessary

suffering.

(1) For the purposes of these regulations, the definitions in article 2 of

European Union Council Directives 89/662/EEC, 90/425/EEC, 97/78/EC

and 91/496/EEC, shall apply as necessary.

(2) In addition, the following definitions shall apply -

(a) “journey” means transport from place of departure to place of

destination.

(b) “means of transport” means those parts of road vehicles, ships and

aircraft used for loading and carrying animals, as well as

containers for land, sea or air transport;

(c) “place of departure” means the place at which, without prejudice

to the provisions of regulation 1(2)(b), the animal is first loaded

on to a means of transport, or any place where the animals have

been unloaded and accommodated for 24 hours, watered, fed and,

if necessary, cared for, but excluding any staging or transfer point.

In the case of approval of markets and assembly centres in the

territory of Malta in accordance with the veterinary legislation,

these markets and assembly centres may also be regarded as

places of departure;

(d) “place of destination” means the place at which an animal is

finally unloaded from a means of transport, but excluding a

staging point or a transfer point;

(e) “rest period” means a continuous period in the course of a journey

during which animals are not being moved by a means of

transport;

B

(f) “trading partner” shall have the same meaning as provided in

article 2 of the Veterinary Services Act and shall include Member

States of the European Union.

(g) “transfer point” means a place where transport is interrupted to

transfer animals from one means of transport to another;

(h) “transport” means any movement of animals, effected by a means

of transport, which includes loading and unloading the animals;

(i) “transporter” means any natural or legal person transporting

animals on his own account, or for the account of a third party, or

by providing a third party with a means of transport of animals,

where such transport is of a commercial nature and carried out for

the purpose of gain;

(j) “staging point” means a place where the journey is interrupted to

rest, feed or water the animals;

CHAPTER II

Transfer and controls between the territory of Malta and trading partners’

territories

Transportation of animals to and from the territory of Malta.

(1) (a) The transport of animals to the territory of Malta from trading

partners and from the territory of Malta to trading partners shall be effected in

accordance with these regulations and, in respect of the animals referred to in

regulation –

(i) 1 (a), the provisions of Chapter I of the Schedule,

(ii) 1 (b), the provisions of Chapter II of the Schedule,

(iii) 1 (c), the provisions of Chapter III of the Schedule,

(iv) 1 (d), the provisions of Chapter IV of the Schedule,

(v) 1 (e), the provisions of Chapter V of the Schedule

Provided that - space allowances (loading densities) for animals at least shall

comply with the figures laid down in Chapter VI of the Schedule, in respect

of the animals and the means of transport referred to in that Chapter

Provided further that travelling times and rest periods and

feeding and watering intervals for certain types of animals

shall comply with those laid down in Chapter VII of the

Schedule, in respect of the animals referred to in that Chapter.

(b) No animal shall be transported unless it is fit for the intended

journey and unless suitable provisions have been made for its care

during the journey and on arrival at the place of destination. Animals

that are ill or injured shall not be considered fit for transport: Provided

that, this provision shall not apply to –

(i) animals that are slightly injured or ill whose transport

would not cause unnecessary suffering;

(ii) animals that are transported for scientific research

purposes approved by the Veterinary Services.

(c) Animals that fall ill or are injured during transport shall receive

first-aid treatment as soon as possible; they shall be given appropriate

veterinary treatment and if necessary undergo emergency slaughter in

a way which does not cause them any unnecessary suffering.

(2) Notwithstanding the provisions of sub-regulation (1)(b), the transport of

animals may be permitted for emergency veterinary treatment or slaughter

under conditions which do not meet the requirements of these regulations.

Any such transport is permitted only where no unnecessary suffering or ill

treatment is caused to the animals concerned. If necessary, specific rules for

the application of this sub-regulation shall be adopted in accordance with

European Community rules and as laid down under the procedure found in

article 22 of the Animal Welfare Act.

(3) Without prejudice to the requirements laid down in sub-regulations (1)(a)

and (b) and in the Schedule to these regulations, it may be laid down

appropriate additional conditions for the transport of certain types of animal

such as solipeds, wild birds and marine mammals in order to safeguard their

welfare.

(4) Pending implementation of these provisions, Veterinary Services may,

subject to bilateral agreements with trading partners, apply some additional

rules.

B

Identification and registration of animals.

Animals must be identified and registered throughout their journey in

accordance with article 7 of the Veterinary Services Act and are accompanied

by the documentation required by veterinary legislation enabling the

Veterinary Services to check -

(a) their origin and their ownership;

(b) their place of departure and place of destination;

(c) the date and time of departure.

Requirements and duties of a transporter.

In the territory of Malta –

(1) Any transporter -

(a) must be -

(i) registered in a manner enabling the Veterinary Services to

identify the person rapidly in the event of failure to comply

with the requirements of these regulations;

(ii) covered by an authorisation valid for all transport of

vertebrate animals carried out in territory of Malta or one of

the territories of trading partners, granted by the Veterinary

Services of Malta or the competent authority of the trading

partners of establishment or, if an undertaking established in a

third country is concerned, by the Veterinary Services of

Malta or a competent authority of a trading partner, subject to

a written undertaking by the person in charge of the transport

undertaking to comply with the requirements of the veterinary

legislation in force;

(iii) such written undertaking shall in particular state that –

-

the transporter referred to in subparagraph (ii) above, has

taken all the measures necessary to comply with the

requirements of these regulations or the corresponding

veterinary legislation in the trading partner countries as far

as the place of destination and, more particularly where

export to third countries is concerned, as far as the place

of destination as defined by veterinary legislation,

-

without prejudice to the provisions of Chapter 1 A(6)(b) of

the Schedule, the staff referred to in sub-regulation

(1)(a)(ii) above have received specific training, either

within the undertaking or from a training body, or have

equivalent practical experience qualifying them to handle

and transport vertebrate animals and to administer, if

necessary, appropriate care to the animals transported;

(b) must not transport any animal, or cause any animal to be

transported, in a way which is likely to cause injury or undue

suffering to that animal;

(c) must use, for the transport of animals referred to in these

regulations, means of transport that will ensure compliance with

veterinary requirements concerning welfare during transport, and in

particular the requirements laid down in the Schedule and those to be

laid down in accordance with regulation 13.

(2) The transporter –

(a) must entrust the transport of the live animals to staff who possess

the necessary ability, professional competence and knowledge laid

down in sub-regulation (1)(a) of this regulation;

(b) for the animals referred to in regulation 1(1)(a) which are to be

traded between the territory of Malta and trading partners or exported

to third countries, and in cases where the journey time exceeds eight

hours, must draw up a route plan in accordance with the specimen in

Chapter VIII of the Schedule, which will be attached to the health

certificate during the journey, and also indicates any staging and

transfer points. A single route plan will have to be drawn up in

accordance with sub-regulation (2)(c) to cover the whole period of the

journey;

(c) must submit the route plan referred to in sub-regulation (2)(b) to

the Veterinary Services so that they can draw up the health certificate,

after which, the number or numbers of such certificates must be

marked on the route plan and it must be stamped by the Veterinary

Services at the time of departure, which will also give notice of the

existence of the route plan through the Animo system;

(d) must ensure -

B

(i)

that the original copy of the route plan referred to in

sub-regulation (2)(b) –

-

is duly drawn up and completed by the appropriate

persons at the appropriate time;

-

is attached to the health certificate accompanying

the consignment throughout the journey;

(ii)

that the staff in charge of the transport –

-

state in the route plan the times and places at which

the animals transported have been fed and watered

during the journey;

-

where animals coming from trading partners are

being exported to third countries and the spending

time within the territory of Malta, exceeds eight

hours, have the route plan certified, after checking,

by the Veterinary Services (stamps and signature)

at the border inspection post of exit, after the

animals have been checked and judged by the

official veterinarian to be fit to continue their

journey. It may be specified that expenses incurred

by the above-mentioned veterinary check shall be

borne by the operator exporting the animals;

-

on their return, send back the route plan to the

competent authority of the place of origin.

However, where animals are being exported to

third countries by sea and the travelling time

exceeds eight hours, the same provisions shall

apply;

(e) must keep, for a period fixed by the Veterinary Services, a second

copy of the route plan referred to in sub-regulation (2)(b) which may,

if required, be submitted on request to the Veterinary Services for

verification;

(f) must demonstrate, according to the species transported and where

the length of the journey entails compliance with Chapter VII 48(4) of

the Schedule, that steps have been taken to meet the animals' needs for

food and water during the journey, even where the route plan is

changed or where the journey is interrupted for reasons beyond his

control;

(g) must ensure that the animals are transported without delay to their

place of destination;

(h) without prejudice to compliance with the provisions in Chapter III

of the Schedule, must ensure that animals of species not referred to in

Chapter VII of the Schedule are suitably fed and watered at

appropriate internals during transport.

(3) The staging points, agreed upon in advance by the person in charge

referred to in sub-regulation (2), shall be regularly checked by the Veterinary

Services which must also satisfy itself that the animals are fit to continue their

journey.

(4) The costs of meeting animals' feeding, watering and rest requirements

shall be borne by the operators referred to in sub-regulation (1).

(5). Any procedures for application which result from this Regulation shall be

adopted in accordance with the procedure provided for in article 22 of the

Animal Welfare Act.

Measures to prevent or reduce delay during transport and detention of animals.

(1) Veterinary Services shall take the necessary measures to prevent or

reduce to a minimum any delay during transport or suffering by animals

when strikes or other unforeseeable circumstances impede the application of

these regulations. In particular, special arrangements shall be made at ports,

airports, marshalling yards, and border inspection posts referred to in article 6

of European Union Council Directive 91/496/EEC to expedite the transport

of animals under conditions in keeping with the requirements of these

regulations.

(2) Without prejudice to veterinary animal health requirements laid down

elsewhere, no consignment of animals shall be detained during transport

unless it is strictly necessary for the welfare of the animals. If any

consignment of animals has to be detained during transport for more than two

hours, appropriate arrangements shall be made for the care of the animals

and, where necessary, their unloading and accommodation.

B

Carrying out of inspections.

(1) In accordance with the principles and rules of control laid down in

European Union Council Directive 90/425/EEC, the Veterinary Services

check that the requirements of these regulations have been complied with, by

carrying out non-discriminatory inspections of –

(a) means of transport and animals during transport by road;

(b) means of transport and animals arriving at their place of

destination;

(c) means of transport and animals at possible markets, at places of

departure, at staging points and at transfer points;

(d) the particulars on the accompanying documents.

(2) Such inspections must be carried out on an adequate sample of the

animals transported each year, and may be carried out at the same time as

checks for other purposes. The Veterinary Services shall submit an annual

report stating the number of inspections carried out in the preceding calendar

year in respect of each of (a), (b), (c) and (d) of sub-regulation (1) and

including details of any reported infringements and the action taken as a

result by the Veterinary Services. This report shall be forwarded to the

European Commission.

(3) Furthermore, where the Veterinary Services has information leading it to

suspect an infringement, checks may also be carried out during the transport

of animals on its territory.

(4) This regulation shall not affect checks carried out as part of tasks

conducted in a non-discriminatory manner by authorities responsible for the

general application of laws in a the territory of Malta.

Action taken by the Veterinary Services to safeguard the welfare of animals.

(1) If in the territory of Malta, it is found in the course of a transport that

the provisions of these regulations are not being or have not been complied

with, the Veterinary Services shall require the person in charge of the means

of transport to take any action which the Veterinary Services considers

necessary in order to safeguard the welfare of the animals concerned.

Depending on the circumstances of each case, such action may include –

(a) arranging for the journey to be completed or the animals to be

returned to their place of departure by the most direct route,

provided that this course of action would not cause unnecessary

suffering to the animals;

(b) arranging for the animals to be held in suitable accommodation

with appropriate care until the problem is resolved;

(c) arranging for the humane slaughter of the animals. The destination

and use of the carcasses of these animals shall be governed by the

provisions laid down in European Union Council Directive

64/433/EEC.

Any measure taken pursuant to sub-regulation (2) shall be notified by the

Veterinary Services by the Animo network to the competent authorities of

departure and, or of destination if those animals are coming and, or destined

to a trading partner. These measures, including financial measures shall be

notified according to the procedures established by the European Community

legislation.

(2) If the person in charge of the means of transport fails to comply with the

instructions of the Veterinary Services, the latter shall immediately have the

measures in question carried out and shall recover the costs of such measures

in the appropriate manner.

(3) Rights of appeal existing under the laws in force in Malta against

decisions by the Veterinary Services shall not be affected by these

regulations.

(4) Decisions taken by the Veterinary Services and the reasons for such

decisions shall be notified to the consignor or his representative and to the

competent authority of the trading partner of dispatch.

(5) If the consignor or his representative so requests, the said decisions and

reasons shall be forwarded to him in writing by the Veterinary Services with

details of the rights of appeal which are available to him under the law in

force in Malta and of the procedure and time limits applicable.

(6) In the event of a dispute, the consignor or his representative concerned

may, if they so agree by the Veterinary Services, within a maximum period of

one month, submit the dispute for the assessment of an expert whose name

appears on a list of European Community experts drawn up by the European

Commission. Such experts shall issue their opinion within not more than 72

B

hours. The parties shall abide by the expert's opinion, with due regard for

veterinary legislation.

On-the-spot checks by experts.

European Commission experts may, carry out on-the-spot checks. In so

doing, they may carry out random, non-discriminatory checks in

collaboration with the Veterinary Services which shall provide the experts

with any assistance they require to accomplish their task. In particular, access

on the same basis as officials of the competent authority shall be given to all

concerned persons, information and documentation as well as access to

places, establishments, installations and means of transport in order for the

checks to be carried out.

CHAPTER III

Importation from third countries

Organisation of and follow-up to checks.

(1) The rules laid down by European Union Council Directive

91/496/EEC shall apply, in particular with regard to the organisation of and

follow-up to checks.

(2) The importation, transit and transport into and through the territory of

Malta of live animals covered by these regulations coming from third

countries shall be authorised only if the transporter -

(a) gives a written undertaking to comply with the requirements of

these regulations, in particular those referred to in regulation 5, and

has made arrangements to comply with them;

(b) submits a route plan drawn up in accordance with regulation 5.

(3) In addition, when checking that the requirements of sub-regulation (2)

have been complied with, the official veterinarian of the border inspection

post shall verify compliance with animal welfare requirements. If he

establishes that requirements for the feeding and watering of animals have not

been complied with, he shall take, at the operator's expense, the measures

provided for in regulation 9.

(4) The certificate or documents provided for in Article 4(1)(c) of European

Union Council Directive 91/496/EEC shall be supplemented in order to take

account of the requirements of these regulations.

CHAPTER IV

Final provisions

Application of European Union Council Directive 89/608/EEC.

The rules and information procedures set out in European Union Council

Directive 89/608/EEC shall apply mutatis mutandis for the purposes of these

regulations.

Criteria to be met by staging points.

According to European Community rules and in accordance with the

procedure laid down in article 22 of the Animal Welfare Act, criteria are to be

met by staging points with regard to the reception structure, feeding,

watering, loading, unloading and where necessary housing of certain types of

animal as well as the health requirements applicable to such staging points

shall be laid down.

Schedule amendments.

The Schedules to these regulations shall be amended in accordance with

European Community rules and according to the procedure laid down in

Article 22 of the Animal Welfare Act, such amendments shall also take place

upon any amendments made to the annexes of European Union Council

Directive 91/628/EEC made by the European Council acting by a qualified

majority on a proposal from the Commission, with a view in particular to

their adaptation to technological and scientific progress.

Attestation supplementing certificates or accompanying the documents.

In accordance with European Commission rules and in accordance with

the procedure laid down in article 22 of the Animal Welfare Act, the

certificates or accompanying documents provided for by veterinary

regulations for the transport of the animals referred to in regulation 1 of these

regulations, may be supplemented by an attestation from the competent

authority within the meaning of article 2(6) of European Union Council

Directive 90/425/EEC certifying that the requirements of these regulations or

corresponding legislation in a trading partner have been complied with.

B

Infringements.

(1) Under the procedure laid down in article 45(2) of the Animal Welfare

Act, the appropriate specific measures to penalise any infringement of these

regulations by natural or legal persons shall be taken.

(2) In the case of repeated infringements of these regulations or an

infringement which involves serious suffering for the animals, Veterinary

Services shall, without prejudice to any other penalties provided for, take the

measures necessary to remedy the shortcomings noted, up to and including

suspension or even withdrawal of the authorisation referred to in regulation 5

(1)(a)(ii).

(3) Where it is established during transit or at destination by Veterinary

Services that a transport undertaking is not observing the provisions of these

regulations or corresponding veterinary legislation of trading partners, they

shall contact the competent authority of the trading partner which granted the

authorisation without delay.

(4) The Veterinary Services shall, acting in accordance with the provisions

laid down in article 21 of the Veterinary Services Act, provide trading

partners with mutual assistance in order, in particular, to ensure compliance

with the provisions of this regulation.

(5) Where it has been established that serious or repeated infringements have

taken place, provided that all the possibilities afforded by mutual assistance

have been exhausted and after contacts between the parties Veterinary

Services may temporarily prohibit the transporter who is implicated from

transporting animals.

(6) This regulation shall not affect national rules applicable to penal

sanctions.

Non observation of provisions by a transport undertaking.

Where it is established in the trading partner of transit or destination by

the competent authority of one of those trading partners, that a transport

undertaking, the authorisation of whom has been granted in Malta is not

observing the provisions of these regulations, they shall contact the

Veterinary Services without delay. The latter shall take all the necessary

measures in particular those laid down in regulation 15(2). They shall

communicate the decision taken and the reasons therefor to the competent

authority of the trading partner in which the infringement was established and

to the European Commission.

Penalties for non-fulfilment of obligations.

(1) Subject to the provisions of these regulations and of the Animal

Welfare Act, a person who infringes any of the provisions arising from these

regulations, shall, on conviction, be liable to a fine (multa) of not less than

five thousand Malta Liri and not exceeding fifteen thousand Malta Liri.

(2) Without prejudice to the provisions of sub-regulation (1) of this

regulation, the Court may also order any person who is found guilty of

committing an offence under these regulations, to pay for the expenses

incurred by the Veterinary Services as a result of the said offence, the

revocation of the permit issued under these regulations and the confiscation,

retention and disposal of the corpus delicti.

B

Animals shall not be transported on open decks unless in adequately secured containers or other

structures, approved by the Veterinary Services and giving adequate protection against sea and

weather.

Animals shall be tied or properly accommodated in pens or containers.

There shall be adequate passageways having access to all pens, containers or vehicles

accommodating animals. Adequate lighting facilities shall be available.

A sufficient number of attendants shall be provided taking into account the number of animals

transported and the duration of the voyage.

All parts of the vessel where animals are accommodated shall be provided with drainage and shall

be kept in a sanitary condition.

A type of instrument approved by the Veterinary Services shall be carried for slaughtering animals

if necessary.

Vessels used in the transport of animals shall, before sailing, be provided with sufficient supplies

of drinking water where they are not equipped with a suitable system allowing its production and

appropriate foodstuffs, having regard to the species and number of animals being transported as well

as to the duration of the voyage.

Provisions shall be made for isolating ill or injured animals during the voyage and for first-aid

treatment to be given, when necessary.

Where animals are transported in road vehicles on board ships, the following measures shall

apply

(i) the animals' compartment shall be properly fixed to the vehicle; the vehicle and the

animals' compartment shall be equipped with adequate tying facilities enabling them to be

secured fast to the ship. On a covered deck of a roll-on/ roll-off vessel, sufficient ventilation

for the number of vehicles transported must be maintained. Where possible, a vehicle for the

transport of animals should be placed near a fresh air inlet;

B

(ii) the animals' compartment shall have a sufficient number of vents or other means of

ensuring that it is adequately ventilated, bearing in mind that the air flow is restricted in the

confined space of ship's vehicle hold. There must be sufficient room inside the animals'

compartment and at each of its levels to ensure that there is adequate ventilation above the

animals where they are in a naturally standing position;

(iii) direct access must be provided to each part of the animals' compartment so that the

animals can, if necessary, be cared for, fed and watered during the voyage.

D.

Special provisions for transport by air.

Animals shall be transported in containers, pens or stalls appropriate for the species, complying at

least with the most recent IATA live animals regulations.

Precautions shall be taken to avoid extremely high or low temperatures on board, having regard to

the species of animals. In addition, severe fluctuations of air pressure shall be avoided.

In freight aircraft a type of instrument approved by the Veterinary Services shall be carried for

slaughtering animals if necessary.

CHAPTER II

Poultry, domestic birds and domestic rabbits

The following provisions of Chapter I of this schedule shall apply mutatis mutandis to the

transport of poultry, domestic birds and domestic rabbits: points 2 (a), (b) and (c), 3, 5, 6, 8, 17 to 22

inclusive, 24 and 26 to 29 inclusive.

Suitable food and water shall be available in adequate quantities, save in the case of

(i) a journey lasting less than 12 hours, disregarding loading and unloading time;

(ii) a journey lasting less than 24 hours for chicks of all species, provided that it is completed

within 72 hours after hatching.

CHAPTER III

Domestic dogs and domestic cats

Without prejudice to Regulation 1(2)(a), the following provisions of Chapter I of this schedule

shall apply mutatis mutandis to the transport of domestic dogs and domestic cats: point 1, point 2 (a),

(b) and (c), point 3, 5, 6, point 7 (a) and (c), points 8, 15 and 17 to 29 inclusive.

Animals being transported shall be fed at intervals of not more than 24 hours and given water at

intervals of not more than 12 hours. There shall be clear written instructions about feeding and

watering. Females in oestrus shall be separated from males.

B

CHAPTER IV

Other mammals and birds

(a) The provisions of this chapter shall apply to the transport of those mammals and

birds which are not already covered by the provisions of the preceding chapters.

(b) The following provisions of Chapter I of this schedule shall apply mutatis

mutandis to the transport of the species concerned in this Chapter: point 1, point 2(a), (b) and

(c), points 3(b), 4, 5, 6, point 7(a) and (c), points 8, to 29 inclusive.

Without prejudice to regulation 3(1)(b), only animals suitable for transportation and in good health

shall be transported. Animals obviously in advanced stages of pregnancy or animals that have recently

given birth, as well as infant animals incapable of feeding themselves and which are not accompanied

by the mother, shall not be considered fit for transportation. These provisions may be exempted in

exceptional circumstances if it is necessary in the animals' interest for them to travel to a location

where the appropriate treatment can be given.

Sedation shall not be administered unless in exceptional circumstances and then only under the

direct supervision of a veterinarian. Details of any sedation shall accompany the animal to its

destination.

Animals shall be transported only in suitably constructed means of transport, on which, if

necessary, a notice shall be placed indicating that the animals in them are wild, timid or dangerous.

Moreover, clear written instructions about feeding and watering and any special care required shall

accompany the animals.

Animals covered by the CITES shall be transported in accordance with the most recent provisions of

the CITES' guidelines for transport and preparation for shipment of live wild animals and plants. In

the case of air transport, they shall be transported at least in accordance with the most recent IATA

rules governing the transport of live animals. They shall be conveyed to their destination as soon as

possible.

Animals covered by this Chapter shall be cared for in accordance with the instructions and

guidelines referred to in point 37.

There shall be an appropriate period for the holding and conditioning of animals prior to shipment

during which they shall, if necessary, be moved into their containers gradually.

Animals of different species shall not be placed in the same container. Moreover, animals of the

same species shall not be placed in the same container unless it is known that they are compatible with

one another.

Cervine animals shall not be transported while in velvet.

Birds shall be kept in semi-darkness.

Without prejudice to special measures to be taken in accordance with regulation 3(3) of these

regulations, marine mammals shall have the constant attention of a qualified attendant. Containers

shall not be stacked.

(a) There shall be additional ventilation by means of holes of a suitable size in all

walls of the container to ensure an adequate flow of air at all times. These holes shall be of a

B

size which prevents the animals from coming into contact with persons handling the

container or from injuring themselves.

(b) Spacer bars of adequate size shall be fitted to all walls, roofs and bases of

containers to ensure that there is a free flow of air to the animals in the event of stacking or

close storing of cargo.

Animals should not be housed near foodstuffs or in places to which unauthorised persons have

access.

CHAPTER V

Other vertebrate animals and cold-blooded animals

Other vertebrate animals and cold-blooded animals must be transported in such containers, under

such conditions, in particular with regard to space, ventilation, temperature and security, and with

such supply of water and oxygen appropriate for the species concerned. Animals which are covered by

CITES must be transported in accordance with the CITES’ guidelines for transport and preparation for

shipment of live wild animals and plants. In the case of air transport, they must be transported at least

in accordance with the most recent IATA rules governing the transport of live animals. They must be

conveyed to their destination as soon as possible.

CHAPTER VI

Loading densities

A. DOMESTIC SOLIPEDS

Transport by road

Adult horses

1.75m² (0.7 x 2.5m) (*)

Young horses (6-24 months) (for journeys of up to 48

1.2m² (0.6 x 2m)

hours)

Young horses (6-24 months) (for journeys over 48 hours)

2.4m² (1.2 x 2m)

Ponies (under 144cm)

1m² (0.6 x 1.8m)

Foals (0-6 months)

1.4m² (1 x 4m)

[NB. During long journeys, foals and young horses must be able to lie down]

These figures may vary by a maximum of 10 % for adult horses and ponies and by a maximum of 20

% for young horses and foals, depending not only on the horses' weight and size but also on their

physical condition, the meteorological conditions and the likely journey time.

Transport by air

Loading density of horses in relation to surface area

0-100kg

0.42m²

100-200kg

0.66m²

200-300kg

0.87m²

300-400kg

1.04m²

400-500kg

1.19m²

500-600kg

1.34m²

600-700kg

1.51m²

700-800kg

1.73m²

B

Transport by sea

Live weight in kg

m²/animal

200-300

0.90-1.175

300-400

1.175-1.45

400-500

1.45-1.725

500-600

1.725-2

600-700

2-2.25

B.

BOVINE ANIMALS

Transport by road

Category

Approximate weight (in kg)

Area in m²/animal

Small calves

0.30 to 0.40

Medium sized calves

0.40 to 0.70

Heavy calves

0.70 to 0.95

Medium sized cattle

0.95 to 1.30

Heavy cattle

1.30 to 1.60

Very heavy cattle

>700

[>1.60]

These figures may vary, depending not only on the animals' weight and size but also on their physical

condition, the meteorological conditions and the likely journey time.

Category

Approximate weight (in kg)

Area in m²/animal

Calves

0.23

0.28

Cattle

0.84

1.27

Transport by sea

Live weight in kg

m²/animal

200-300

0.81-1.0575

300-400

1.0575-1.305

400-500

1.305-1.5525

500-600

1.5525-1.8

600-700

1.8-2.025

Pregnant animals must be allowed 10 % more space.

C.

SHEEP/GOATS

Transport by road

Category

Weight in kg

Area in m²/animal

Shorn sheep

<55

0.20 to 0.30

>55

>0.30

Unshorn sheep

<55

0.30 to 0.40

>55

>0.40

Heavily pregnant ewes

<55

0.40 to 0.50

>55

>0.50

Goats

<35

0.20 to 0.30

35 to 55

0.30 to 0.40

B

>55

0.40 to 0.75

Heavily pregnant goats

<55

0.40 to 0.50

>55

>0.50

The surface area indicated above may vary depending on the breed, the size, the physical condition

and the length of fleece of the animals, as well as on the meteorological conditions and the journey

time. As an indication: for small lambs, an area of under 0, 2 m² per animal may be provided.

Transport by air

Loading density for sheep and goats in relation to surface area

Average weight (in kg)

Surface area per sheep/goat (in m²)

0.2

0.3

0.4

Transport by sea

Live weight in kg

m²/animal

20-30

0.24-0.265

30-40

0.265-0.290

40-50

0.290-0.315

50-60

0.315-0.34

60-70

0.34-0.39

D.

PIGS

Transport by road

All pigs must at least be able to lie down and stand up in their natural position.

In order to comply with these minimum requirements, the loading density for pigs of around 100 kg

should not exceed 235 kg/m²

The breed, size and physical condition of the pigs may mean that the minimum required surface area

given above has to be increased; a maximum increase of 20 % may also be required depending on the

meteorological conditions and the journey time.

Transport by air

The loading density should be relatively high to preclude injury on takeoff or landing or in the event

of turbulence, although all animals must still be able to lie down. The climate, total journey time and

hour of arrival should be taken into account in deciding on the loading density.

Average weight

Surface area per pig

15kg

0.13m²

25kg

0.15m²

50kg

0.35m²

100kg

0.51m²

Transport by sea

Live weight in kg

m²/animal

10 or less

0.20

0.28

0.37

B

0.60

0.85

0.95

1.10

1.50

E.

POULTRY

Densities applicable to the transport of poultry in containers

Category

Space

Day-old chicks

21-25cm² per chick

Poultry weighing <1.6kg

180 to 200cm²/kg

Poultry weighing 1.6kg and over but <3kg

160cm²/kg

Poultry weighing 3kg and over but <5kg

115cm²/kg

Poultry weighing 5kg and over

105cm²/kg

These figures may vary depending not only on the weight and size of the birds but also on their

physical condition, the meteorological conditions and the likely journey time.

CHAPTER VII

Watering and feeding interval, journey times and resting periods.

(1) The requirements laid down in this Chapter apply to the movement of the animal species listed in

regulation 1 (1) (a), except in the case of air transport, the requirements for which are laid down in

Chapter I (D), points 27 to 29.

(2) Journey times for animals belonging to the species referred to in point 1 shall not exceed eight

hours.

(3) The maximum journey time in point 2 of this regulation may be extended where the transporting

vehicle meets the following additional requirements

(i) there is sufficient bedding on the floor of the vehicle,

(ii) the transporting vehicle carries appropriate feed for the animal species transported and for

the journey time,

(iii) there is direct access to the animals,

(iv) adequate ventilation is possible which may be adjusted depending on the temperature

(inside and outside),

(v) there are moveable panels for creating separate compartments,

(vi) vehicles are equipped for connection to a water supply during stops,

(vii) in the case of vehicles for transporting pigs, sufficient water is carried for watering

during the journey.

(4) The watering and feeding intervals, journey times and rest periods when using road vehicles which

meet the requirements in point 3 are defined as follows

(a) Unweaned calves, lambs, kids and foals which are still on a milk diet and unweaned

piglets must, after nine hours of travel, be given a rest period of at least one hour sufficient in

particular for them to be given liquid and if necessary fed. After this rest period, they may be

transported for a further nine hours.

(b) Pigs may be transported for a maximum period of 24 hours. During the journey, they

must have continuous access to water.

(c) Domestic solidungulates (except registered equidae within the meaning of European

Union Council Directive 90/426/EEC may be transported for a maximum period of 24 hours.

During the journey they must be given liquid and if necessary fed every eight hours.

(d) All other animals of the species referred to in point (1) of this provision must, after 14

hours of travel, be given a rest period of at least one hour sufficient for them in particular to

be given liquid and if necessary fed. After this rest period, they may be transported for a

further 14 hours.

(5) After the journey time laid down, animals must be unloaded, fed and watered and be rested for at

least 24 hours.

(6)

(a) Animals must not be transported by sea if the maximum journey time exceeds that laid

down in point 2, unless the conditions laid down in points 3 and 4, apart from journey times

and rest periods, are met.

(b) In the case of transport by sea on a regular and direct link between Malta and trading

partners territories by means of vehicles loaded on to vessels without unloading of the

animals, the latter must be rested for 12 hours after unloading at the port of destination or in

its immediate vicinity unless the journey time at sea is such that the voyage can be included

in the general scheme of points 2 to 4.

(7) In the interests of the animals, the journey times in points 3, 4 and 6 (b) may be extended by two

hours, taking account in particular of proximity to the place of destination.

B

(a)

(a)

(d)

(b)

OR AUTHORIZED CROSSING POINT

(7) STAMP OF VETERINARIAN AT

AUTHORITY AT POINT OF EXIT

(10) STAMP OF COMPETENT

STAGING POINT( S)

No OF REGISTRATION OR IDENTIFICATION

CHAPTER VIII

ROUTE PLAN

(6) STAMP OF VETERINARIAN AT

(9) NAME OF PERSON IN CHARGE

DURING

(b)

(c)

ESTIMATED JOURNEY TIME

(2) MEANS OF TRANSPORT

PLACE OF DEPARTURE

TRANSPORT

(4) ITINERARY

JOURNEY

OF

OF

OR

HEALTH

(8) DATE AND TIME OF DEPARTURE

ACCOMPANYING DOCUMENT( S)

(a)

(a)

(a)

SIGNATURE OF TRANSPORTER

(a)

COUNTRY

(name, address, business name)

S)

OF

PLACE OF DEPARTURE

(3) ANIMAL SPECIES

(1) TRANSPORTER

NUMBER

AND

DESTINATION

CERTIFICATE(

NUMBER

PLACE

(5)

(e)

(b or e)

(18) DATE AND

TIME

PLACE

AND ADDRESS

(17)

(21) DATE AND TIME OF ARRIVAL

(d)

REASON

AT PLACE OF DESTINATION

(16)

(12) ACTUAL STAGING OR

(15) LENGTH OF STOP

TRANSFER POINTS

(e)

(a)

OF

CHARGE

SIGNATURE

DURING JOURNEY

IN

(14) DATE

AND TIME

PERSON

(11) PLANNED STAGING OR TRANSFER POINTS

(20)

(a) To be completed by the transporter

(b) To be completed by the appropriate

(c) To be completed by the transporter

(d) To be completed by the competent

authority at the point of exit or authorised

(e) To be completed by the transporter after

(13) PLACE AND ADDRESS

(22) OBSERVATIONS

during the journey.

before departure.

crossing point

veterinarian.

the journey.

(19)

iii)

iv)

vi)

ii)

v)

i)

Mitbug] fl-Istamperija tal-Gvern — Printed at the Government Printing Press