ANIMALS TRANSPORT (PROTECTION) REGULATIONS *

SUBSIDIARY LEGISLATION 439.10

ANIMALS TRANSPORT (PROTECTION)

REGULATIONS *

30th September, 2003

LEGAL NOTICE 267 of 2003, as amended by Legal Notice 426 of 2007.

CHAPTER I

General provisions

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

(Protection) Regulations.

(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.

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.

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

*These regulations have been repealed by Legal Notice 143 of 2023.

ANIMALS TRANSPORT (PROTECTION)

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 twenty-four 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;

(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

3.(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(2)(a), the provisions of Chapter I of the

Schedule,

(ii) 1(2)(b), the provisions of Chapter II of the

Schedule,

(iii) 1(2)(c), the provisions of Chapter III of the

Schedule,

(iv) 1(2)(d), the provisions of Chapter IV of the

Schedule,

(v) 1(2)(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

t h e a n i m a l s c o n c e r n e d . I f n e c e s s a r y, s pe c i f i c r u le s f o r t h e

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, 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, the Veterinary

Services may, subject to bilateral agreements with trading partners,

apply some additional rules.

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.

(1)

In the territory of Malta 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 sub-paragraph

(ii) 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-paragraph (ii) 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);

(b) for the animals referred to in regulation 1(2)(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 paragraph (c) to cover the whole

period of the journey;

(c) must submit the route plan referred to in paragraph (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 -

(i)

that the original copy of the route plan referred

to in paragraph (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

paragraph (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.

(1) The 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.

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

laid down in European Union Council Directive 90/425/EEC, the

Ve t e r i n a r y S e r v i c e s c h e c k t h a t t h e r e q u i r e m e n t s o f t h e s e

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

paragraphs (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.

(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

t o t he p r oc e du r e s e s t a b li s h e d b y t he E u r op e a n C o m m un it y

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 seventy-two

hours. The parties shall abide by the expert’s opinion, with due

regard for veterinary legislation.

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

(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 Co unci l Directive 91/496 /EEC sh all be

supplemented in order to take account of the requirements of these

regulations.

CHAPTER IV

Final provisions

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.

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.

The Schedule 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.

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, 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.

(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

p r o v i d e d f o r, t a k e t h e m e a s u r e s n e c e s s a r y t o r e m e d y t h e

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.

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.

(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 eleven thousand and six

hundred and forty-six euro and eighty-seven cents (11,646.87) and

not exceeding thirty-four thousand and nine hundred and forty euro

and sixty cents (34,940.60).

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

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.

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;

(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.

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.

irds shall be kept in semi-darkness.

Without prejudice to special measures to be taken in accordance with

regulation 3(3), 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 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) (*)

You n g ho r s e s (6 - 24 mo n th s ) ( f or

1.2m² (0.6 x 2m)

journeys of up to 48 hours)

You n g ho r s e s (6 - 24 mo n th s ) ( f or

2.4m² (1.2 x 2m)

journeys over 48 hours)

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

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

>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

0.60

0.85

0.95

1.10

1.50

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

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(2)(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.

CHAPTER VIII

ROUTE PLAN

(1) TRANSPORTER

(2) MEANS OF TRANSPORT

(name, address, business name)

No OF REGISTRATION OR IDENTIFICATION

SIGNATURE OF

TRANSPORTER

(a)

(a)

(3) ANIMAL SPECIES

(4) ITINERARY

PLACE OF DEPARTURE

ESTIMATED JOURNEY TIME

PLACE AND COUNTRY OF

DESTINATION

(a)

(a)

(5) NUMBER OF HEALTH

(6) STAMP OF

(7) STAMP OF

CERTIFICATE(S) OR

VETERINARIAN AT

VETERINARIAN AT

ACCOMPANYING

PLACE OF

STAGING POINT(S)

DOCUMENT(S)

DEPARTURE

(a)

(b)

(b)

(8) DATE AND TIME OF

(9) NAME OF PERSON

(10) STAMP OF

DEPARTURE

IN CHARGE OF

COMPETENT

TRANSPORT DURING

AUTHORITY AT POINT

JOURNEY

OF EXIT OR

AUTHORIZED CROSSING

POINT

(a)

(c)

(d)

(11) PLANNED STAGING OR

(12) ACTUAL STAGING OR

TRANSFER POINTS

TRANSFER POINTS

(a)

(d)

(13) PLACE AND

(14) DATE AND

(15) LENGTH

(16) REASON (17) PLACE (18) DATE

TIME

OF STOP

AND

AND TIME

ADDRESS

iv)

v)

vi)

(19)

(20) SIGNATURE (21) DATE AND TIME OF

OF PERSON IN

ARRIVAL AT PLACE OF

(a) To be completed

CHARGE

DESTINATION

by the transporter

DURING

before departure.

JOURNEY

(b) To be completed

by the appropriate

veterinarian.

(c) To be completed

by the transporter

during the journey.

(d) To be completed

by the competent

authority at the point

of exit or authorised

crossing point.

(e) To be completed

by the transporter

after the journey.

(e)

(e)

(22) OBSERVATIONS

(b or e)