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In accordance with the decision of the Parliament:
The purpose of this law is to protect live animals during transport and in connection with damage and illness and avoidable pain, pain and suffering.
This law shall apply to the transport of live vertebrate animals and, where applicable, live invertebrate animals.
This law shall also apply to the protection of animals during transport and related operations and Council Regulation (EC) No 1/2005 amending Directives 64 /432/EEC and 93 /119/EC and Regulation (EC) No 1255/97, hereinafter referred to as Animal transport regulation, Monitoring and other implementation.
The Animal Transport Regulation shall apply to the transport of vertebrate animals in the context of commercial activities, as provided for in Article 1 of the Animal Transport Regulation. The general conditions for the transport of animals are laid down in Article 3 of the animal transport regulation and the technical rules for the transport of animals in Annex I to the Regulation.
The provisions on the general conditions of transport laid down in Chapters 2 to 4 of this Act, the means of transport, the loading and unloading of animals and the unloading of the load shall apply to transport not subject to the animal transport regulation ( Non-commercial transport ).
In addition to what is laid down in this law, the treatment, treatment and treatment of animals transported must comply with the animal protection laws (247/1996) Or pursuant to it.
In animal diseases (185/1980) Or is provided for, or in an individual case, for the transport of animals to prevent the spread of animal diseases.
For the purposes of this law:
(1) Transport The movement of animals, carried out by one or more means of transport, including loading, unloading, transfer and rest and other measures relating to transport, until the animals are unloaded at the place of destination;
(2) Long-haul transport Transport as defined in Article 2 (m) of the Animal Transport Regulation;
(3) Means of transport Road or rail vehicles, vessels and aircraft used for the transport of animals;
(4) By means of transport The box, the cage, the frame, the pool, the container, the container or other similar packaging used for the transport of animals; as provided for in this Act, the means of transport shall apply mutatis mutandis to the transport operation;
(5) Animal driver The animal driver as defined in Article 2 (x) of the Animal Transport Regulation;
(6) The person carrying animals A person who carries animals or animals in a transport other than that covered by the transport regulation; and
(7) Supervisory authority The regional administration, the local authorities, the police, the check-in and the border veterinarian. (22.12.2009)
The animal shall only be transported by means of a means of transport and under conditions of transport that there is no unnecessary pain, suffering or distress to the animal. In addition, the animal must be protected against damage and sickness in transport. The animal shall not be transported if the animal is in such a condition ( Animal transport condition ) that transport may cause unnecessary pain, distress or distress to it.
The Decree of the Ministry of Agriculture and Forestry may provide for more detailed provisions on the condition of transport of the animal.
The welfare of the animal shall be ensured during transport. The animal shall be given water, suitable food and rest at the necessary intervals, taking into account the species of animals transported, the age of the animal, the means of transport, the conditions of transport and the duration of the journey, and the rest of the animal's water, food and distribution requirements; During a period of influence.
In the case of illness or injury, the animal must be separated from other animals and must be given first aid as soon as possible. The animal shall be given appropriate veterinary treatment and the animal must be stopped or slaughtered in a manner which does not cause unnecessary suffering to the animal.
The Decree of the Ministry of Agriculture and Forestry may provide for more detailed provisions on the welfare of the animal during transport.
The means of transport must be sufficiently spacious, safe for the animal and prevent the animal from escaping. The means of transport shall be equipped with a sufficient floor area and a sufficient space, taking into account the animal species, so that the animals can stand in a natural position and are not at risk of executing themselves on the ceiling of the means of transport. The means of transport must have an adequate airspace, taking into account the animal species.
A sufficient number of adjustable ventilation gaps shall be provided in the means of transport, unless an appropriate and reliable ventilation system can be organised in any other way. Where appropriate, the means of transport shall include pens, partitions, fences, or barriers to distinguish animals from each other or to support animals during transport.
Animals in the means of transport must be able to be inspected and managed during transport. The means of transport must be able to be cleaned and, where necessary, disinfected.
The Ministerial Decree of the Ministry of Agriculture and Forestry provides more specific provisions for the requirements to be imposed on the means of transport.
The walls and floor of the means of transport shall be suitable for the animals transported from their structures and materials and shall bear the weight of the animals.
The walls and floor of the means of transport shall be such that they cannot damage the animal. The floor of the means of transport must not be slippery. The floor shall be equipped with sufficient litter to absorb the excretion of the excreta, unless the removal of the excreta can be carried out in another or more effective manner, or if the excreta is removed regularly.
The transport conditions of the animal shall be such that during transport the animal is protected from adverse weather conditions and a steep climate change.
The ventilation of the means of transport shall be arranged according to the conditions of transport and to the animals transported. During transport, care shall be taken to ensure that the animal does not suffer from heat, cold, water, excessive humidity, gaseous gas, contamination or continuous noise harmful to the animal.
The decree of the Ministry of Agriculture and Forestry provides for more detailed provisions on the transport conditions of the animal.
In the case of a road transport medium which carries a horse or other equivalent large animal, it shall bear a label indicating the animals containing the means of transport. In the case of carriage, which cannot be seen as containing animals, there shall be an indication of the animals.
With the exception of fish, reptiles, amphibians and invertebrates, animals shall not be transported in the sealed luggage compartment of the passenger car. However, the transport of animals is permitted in the trunk of a passenger car which is large enough for the transported animal and is sufficiently open to the passenger compartment of the car and does not cause unnecessary transport to the animal. Suffering.
Where appropriate, suitable equipment and equipment such as bridges, ramps or loading elevators shall be used for the loading and unloading of animals. Equipment and equipment used for loading and unloading shall be designed to ensure that the animals do not slip or otherwise damage. If necessary, the above equipment and equipment shall be fitted with protective equipment.
The Decree of the Ministry of Agriculture and Forestry may provide more specific provisions for loading and unloading equipment and equipment.
When loading, transporting and unloading animals, they must be treated calmly and animals must not be unnecessarily intimidated or stimulated.
Animals shall not be meddled with mechanical means or lift or drape from feet, tail, fur, ears, horns, or directly to flush or process otherwise in such a way that animals are subjected to unnecessary pain, suffering or distress.
Animals shall be loaded into a means of transport in such a way that they are not pressed against each other or dirty or harmed. The animals shall have at their disposal sufficient floor, age and distance sufficient floor area sufficient to enable animals to stand in a natural position and are not at risk of executing themselves. The roof of the means of transport. The means of transport must have an adequate airspace, taking into account the animals being transported. Where appropriate, the animals shall be protected by means of partitions, fences, bulkheads or animals which provide them with support, so that they are not in danger of being harmed.
Where animals of different species are transported in the same means of transport, they shall be separated by species. The animals must be separated from each other if the means of transport are transported by animals of different ages, by significant size or by hostile animals, or sexually mature animals. However, the animals do not need to be separated from each other if they have been bred in compatible groups or if they are used to each other, or if they are the following animals, to whom separation would cause unrest. Furthermore, female animals do not need to be separated from their dependent offspring.
If the animal is considered to be connected during transport, the coupling rope or other side shall be safe, suitable for the animal, and so strong that it shall not break during the journey. The animal shall not be transported with legs in common.
The Decree of the Ministry of Agriculture and Forestry may provide for more detailed provisions on the loading of animals in the means of transport and the conditions governing the holding of transported animals.
Transport coatings shall be fixed so that they are not displaced and placed in such a way that all animals receive adequate air and do not dirty each other. During transport and handling, the containers shall be kept in a vertical position and shall not be exposed to strong fluctuations, vibrations or vibrations.
In the case of transport not only to animals, but also to other loads, it shall be placed and secured in such a way that the animals are not in danger of being harmed.
The animal transport category referred to in the Animal Transport Regulation is sought from the Regional Administrative Agency in whose territory the applicant has its registered office or where the applicant from the other Member State is established or where the third country is established in a third country The applicant is represented.
The application for authorisation shall indicate the name or business name, address and address of the applicant and other contact details. The application for authorisation shall be accompanied by the studies and documentation provided for in the animal transport regulation, with the exception of the statement that the applicant has not committed any infringement of animal welfare legislation.
The Regional Administrative Agency shall issue an animal driver authorisation if the applicant complies with the requirements of the animal transport regulation.
The Regional Administrative Agency may withdraw the authorisation if the animal carrier is substantially in breach of the legislation on the transport of animals, or where the transport of animals no longer meets the conditions for the authorisation and the animal driver does not remedy the deficiencies Within a reasonable period set by the Authority.
The transporter shall make the notification referred to in Article 6 (2) of the Animal Transport Regulation to the regional administrative authority which granted the authorisation.
A certificate of approval as referred to in the Animal Transport Regulation shall be sought from the Office of the Regional Administrative Agency for the Carriage of Animals. The inspection of the means of transport required by the Animal Transport Regulation shall be carried out by the regional administrative agency or by an official veterinarian appointed by the Agency.
The Agency shall issue a certificate of approval if the means of transport meet the requirements of the animal transport regulation. The Regional Administrative Agency may withdraw the certificate of approval if the means of transport no longer complies with the requirements laid down and the holder of the certificate does not correct the deficiencies within a reasonable period set by the Authority. However, the certificate of approval may be withdrawn as soon as the defect in the means of transport is such that it immediately endangers the welfare of the animals being transported.
The certificate of approval of a livestock vessel referred to in the Animal Transport Regulation is requested from the Transport Safety Agency. The Agency shall carry out the inspection required by the animal transport regulation to the livestock vessel.
The Agency shall issue a certificate of approval if the livestock vessel meets the requirements of the animal transport regulation. The Agency may withdraw the certificate of approval if the livestock vessel no longer complies with the requirements laid down, and the holder of the approval certificate does not remedy any deficiencies within a reasonable period set by the Agency or the Authority. However, the certificate of approval may be withdrawn as soon as the defect in the livestock vessel is such that it immediately endangers the welfare of the animals being transported.
The Transport Safety Agency shall, without delay, provide the Food Safety Agency with the information contained in the certificate of approval or of the withdrawal of the certificate of approval for the purpose of the identification of the transporter register. The Agency shall issue an identification number as referred to in the animal transport regulation.
The certificate of proficiency for domestic equidae, domestic animals of bovine, ovine, caprine, porcine, porcine animals or poultry intended for the transport of poultry or poultry intended for the transport of poultry or poultry intended for the transport of domestic animals shall be sought from that agency, In the territory of which the applicant is based.
The certificate of competence shall be issued by the Agency. The issue of certificate of competence is laid down in Article 17 (2) of the Animal Transport Regulation and its withdrawal in Article 26 (5).
Council Regulation (EC) No 1255/97 adapting the Community requirements for inspection posts and adjusting the route plan referred to in the Annex to Directive 91 /628/EEC, hereinafter referred to as: The control regulation , the approved inspection post shall be sought from the Regional Administrative Agency in whose territory the inspection post is located.
The Agency shall approve the control status if the inspection post and the activities carried out there fulfil the requirements laid down in the inspection regulation. The Regional Administrative Agency may revoke the approval if the operator is substantially in breach of the inspection status regulation, or where the control status or operation no longer meets the conditions for approval or the operator Correct the deficiencies within a reasonable period set by the Authority. The suspension of the use of the inspection post is laid down in Article 3 (4) of the Control Regulation.
The Ministry of Agriculture and Forestry will direct and supervise the implementation and enforcement of the Animal Transport Regulation as well as the provisions adopted pursuant to this Act and its provisions.
The Authority will direct and supervise the implementation and enforcement of the Animal Transport Regulation as well as of this Act and of the provisions adopted pursuant to this Act.
In addition, the Food Safety Agency shall adopt the test referred to in paragraph 1 of Annex IV to the animal transport regulation and the organiser of the test.
The Regional Administrative Agency shall ensure the implementation and enforcement of the Animal Transport Regulation and of this Act and of the provisions adopted pursuant thereto.
The Agency shall be the competent authority for the inspection of livestock vessels referred to in Article 20 of the Animal Transport Regulation and the competent authority referred to in the inspection regulation.
The municipal veterinarian and the police shall monitor compliance with the Animal Transport Regulation and this Act and the provisions adopted thereunder in its jurisdiction.
The examiner shall supervise compliance with the animal transport regulation and the provisions of this Act and the provisions adopted thereunder (2006) Of the authorised slaughterhouse or place of slaughter.
The border veterinarian shall supervise the compliance with the animal transport regulation and the provisions adopted pursuant to this Act and its provisions in the area of border crossing, exit and veterinary border inspection post.
Where there is reason to suspect that the animal is being transported in contravention of this law or the animal transport regulation, the supervisory authority shall have the right to carry out the inspection. The police can carry out an inspection of animal transport without any suspicion. The same right for checks on the transport of animals shall be checked by the doctor at the slaughterhouse or place of slaughter, and at the border veterinarian at the border crossing, the exit point and the veterinary border inspection post. The police may be assisted by an official veterinarian at the inspection.
The examiner shall have the right to enter the premises where the animal is transported or kept during transport and shall take the necessary samples for inspection. The inspection may check the animal, its means of transport and the container referred to in Article 2 (g) of the animal transport Regulation as well as the food intended for the animal and the equipment and equipment intended for the animal. The inspection may also verify the documentation required by the animal transport regulation. An inspection within the premises of a vehicle or any other means of transport shall only be carried out in accordance with paragraph 1 if it is necessary for the purpose of ascertaining the facts of the case and there is reason to suspect that someone is responsible for this Under Article 39 (1) (3), (5) or (6) of the Law.
The Food Safety Agency and the Agency may, in order to monitor compliance with this law and the provisions adopted pursuant thereto, or to comply with the obligations of an international agreement which are binding on Finland, or to comply with ec law, By requiring official veterinarians to check the transport of animals.
The right of the inspector to access the premises where the animal is transported or kept during transport, as well as the right of inspection and sampling shall be valid, as provided for in Article 28 (2).
The person carrying the animals and the operator referred to in the animal transport regulation, the driver, the animal, the organiser and the animal driver shall be obliged to provide the inspector with the necessary information and documentation for the purposes of the checks requested.
The verifier shall seek to promote the welfare of the animals transported and to contribute to the correction of the minor animal welfare deficiencies that have occurred during the inspection.
Articles 28 and 29 provide for the right of scrutiny and information of the Finnish authority to be subject to the law of the European Community as required by the European Community inspectors.
Law on public authorities' activities (18/09/1999) Notwithstanding the obligation of professional or professional secrecy or private personal circumstances provided for in this law, the information obtained under this law shall not be obtained by carrying out:
(1) Prosecution and law enforcement authorities (806/2011) in Section 2 of Chapter 8 , in order to investigate the crime;
(2) the Food Safety Agency and the Authority for the purpose of carrying out its duties under this law; and
(3) for foreign institutions and inspectors referred to in the legislation of the European Union or Finland, as required by an international agreement, as required by European Union law or agreement.
Where appropriate, the police shall provide official assistance to the Authority under the supervision of the animal transport regulation and of this law and of the provisions adopted pursuant thereto.
In addition, at the request of the border veterinarian, the customs department and the border police shall be obliged to provide official assistance to the border veterinarian in carrying out their duties under the Animal Transport Regulation and this Act and the provisions adopted thereunder.
The checks referred to in this Act shall be carried out in such a way that they do not unduly penalise animals or the transport of animals.
For the purposes of controlling animal transport, the Food Safety Agency shall maintain a national animal transport register. The agencies shall update the register to the extent required by this law. The register shall indicate:
(1) the name or business name of the transporter, the Y-symbol (company and community code), address and other necessary contact details;
(2) the number of the animal driver;
(3) restrictions on the transport of animals or modes of transport;
(4) the regional management agency which issued the authorisation, together with its contact details;
(5) the information contained in the certificate of competence of the driver or nurse referred to in Chapter III of Annex III to the animal transport Regulation and the temporary withdrawal of the certificate of competence;
(6) the information contained in the certificate of approval of a road transport instrument referred to in Chapter III of Annex III to the animal transport regulation and the information necessary for the identification of the means of transport;
(7) the information contained in the certificate of approval of a livestock vessel referred to in Article 19 (1) of the animal transport regulation; and
(8) the information referred to in Article 26 (4) (c) and Article 26 (6) of the Animal Transport Regulation.
(22.12.2009)On the basis of the information referred to in paragraph 1, the Authority shall publish and maintain, on the basis of the information referred to in Article 13 (4) of the Animal Transport Regulation, a publicly available list of transporters. Where the holder of a driving licence is a private person, the list shall not, without the consent of the person concerned, be the home address of the authorisation holder or other contact details.
The information referred to in paragraph 1 (5) shall be deleted from the register when the certificate ceases to be valid. Data on animal-driving licences shall be deleted from the register five years after the authorisation ceases to exist. The collection and storage of personal data and the use and disclosure of the data entered in the register shall be subject to the provisions of the Personal Data Act (523/1999) And the law on public authorities' activities.
The Ministry of Agriculture and Forestry, the Food Safety Agency and the monitoring authority within the meaning of this Act shall have the right to obtain information from the register, without prejudice to the rules of confidentiality of the transport of animals. The same right is for the control of the transport of animals by the competent authorities of the Member States of the European Union to the extent required by the animal transport regulation.
Where the verification referred to in Articles 28 or 29 or otherwise states that there has been a breach of this law or of provisions adopted pursuant to it, the Authority may prohibit any person carrying animals from continuing or repeating the provisions Or order him to fulfil his obligations with regard to the quality of the case. Where animal welfare reasons are required, the Authority may immediately order the animals to be returned to the place of departure or to be transported directly to the place of destination or for the transport of the means of transport temporarily repaired in such a way as to: The risk of immediate damage is prevented. If the animal is in such a state that keeping it alive is obvious cruelty to it, the Authority can put an end to the animal.
Articles 23 and 26 of the Animal Transport Regulation provide for measures by the Authority where the transport of animals has not complied with the provisions of the animal transport regulation. With regard to the withdrawal of the certificate of approval of the transporter and the means of transport referred to in Article 26 (4) (c) of the Animal Transport Regulation, the provisions of Article 17 (2), Article 19 (2) and Article 20 (2) of this Act shall also apply. Provides.
The Regional Administrative Agency may intensify the provision referred to in Article 37 or the prohibition on the imposition of a penalty payment or penalty, or at the risk of failure to do so, to the detriment of the defaulter. The penalty payment, the threat to be made and the commission of the commission are otherwise provided for in the (1113/1990) .
Every intention or carelessness
(1) carry an animal which is not in accordance with the provisions of Article 5 or the provisions adopted pursuant to it or the animal transport regulation;
(2) transport an animal by means of a means of transport which does not comply with the requirements laid down in Articles 7 to 9 or in the provisions adopted pursuant to them or in the transport regulation for transport or transport conditions;
(3) neglecting the welfare of the animals during transport, in contravention of Article 6 or the provisions adopted pursuant to it or the animal transport regulation;
(4) infringes the prohibition laid down in Article 11;
(5) is in breach of the requirements laid down in Article 14 or in the provisions adopted pursuant thereto on the loading of animals in the loading or unloading of animals or on the loading or holding of animals provided for in the animal transport regulation; Requirements,
(6) in breach of the prohibition laid down in Article 13 (2) or the prohibition or obligation on the handling of animals provided for in the animal transport regulation;
(7) fails to comply with the list of animals referred to in Article 17 (1);
(8) infringes the notification obligation referred to in Article 18;
(9) fails to comply with the certificate for the approval of a road transport vehicle referred to in Article 19 or the certificate of approval of a livestock vessel referred to in Article 20;
(10) fails to apply for a certificate of competence referred to in Article 21;
(11) fails to comply with the inspection post referred to in Article 22;
(12) in breach of the obligation to keep the documents referred to in Article 4 of the Animal Transport Regulation;
(13) in breach of the obligation to provide information or the obligation to submit documents as provided for in Article 30; or
(14) infringes the prohibition or order issued by the Authority referred to in Article 37;
Shall be condemned, unless the law provides for a heavier penalty in the rest of the law, On the transport of animals Fine.
The penalty for the offence of animal protection is laid down in Article 54 of the Animal Protection Act.
The punishment for the crime of animal welfare is laid down in criminal law (39/1889) Articles 14, 14a and 15. (14/01/2012)
In the case of long road transport falling within the scope of the Animal Transport Regulation, which last for a maximum of 12 hours in order to reach the final destination, the drinking water of pigs in accordance with point 1.4 (b) of Chapter V of Annex I to the Animal Transport Regulation shall not apply: , which shall begin on 1 September and end on 30 April.
More specific national provisions as referred to in Article 30 (8) of the Animal Transport Regulation concerning the mode of transport of animal species not mentioned in the Annexes to the Animal Transport Regulation, such as reindeer and fur animals, the means of transport and the holding of transported animals Requirements may be laid down by a decree of the Ministry of Agriculture and Forestry.
The requirements of Chapter 2 to 4 of this Act may be derogated from the requirements of Chapter 2 to 4 of this Act if the animal is transported directly to or from a veterinary surgeon, where the transport of an animal can be arranged in such a way that the animal is not caused by: Unnecessary pain, suffering or distress and, taking into account the nature of the illness or disability of the animal, it is necessary to derogate from those requirements.
The costs of the measures referred to in Article 37 shall be carried out by the transporter or the person carrying the animals.
If it is necessary to safeguard animal welfare, the costs of the measures referred to in Article 37 may be paid in advance by the State budget for the veterinary services. Costs may be collected without judgment and decision in the order in which the levying of taxes and charges is laid down.
Direct payments by public authorities under this law shall be charged to the State in the form of State payment law (150/1992) Based on the criteria laid down.
A decision under this law may stipulate that the decision must be complied with before it has obtained the force of the law, unless the appeal authority decides otherwise.
L to 23/2015 Article 45 shall enter into force on 1 January 2016. The previous wording reads:
A decision under this law may stipulate that the decision must be complied with before it has obtained the force of the law, unless the Board of Appeal decides otherwise.
The decision to withdraw the authorisation or the certificate and the decision referred to in Article 37 shall be subject to appeal by the administrative court in accordance with the administrative law (18/06/1996) Provides.
The rest of the decision may be required to corrigendum to the Administrative Act (2003) Provides. The decision on the request for adjustment shall be subject to appeal by the administrative court as provided for in the administrative law.
In the case referred to in paragraph 1, the administrative right shall be subject to appeal as laid down by the Law on Administrative Law. An appeal against any other decision of the administrative court may be lodged only if the Supreme Administrative Court grants an appeal.
Article 44 of this Act shall apply to an appeal relating to a payment referred to in Article 44 of the Act.
L to 23/2015 Article 46 shall enter into force on 1 January 2016. The previous wording reads:
An appeal is brought to an administrative court by the Food Safety Agency, the Transport Safety Agency, the Regional Administrative Agency, the local veterinarian, the border veterinary surgeon, the border veterinarian and the police , as in the case of administrative law (18/06/1996) Provides. Article 44 of this Act shall apply to an appeal relating to a payment referred to in Article 44 of the Act.
For the purposes of Articles 28 and 29 and Article 19 (1) of the municipal veterinarian, any compensation to be paid to the municipality from State resources shall be laid down in the veterinary services code (765/2009) in Article 23 .
In the event of damage resulting from compliance with the animal transport regulation or the provisions of this Act or the provisions adopted pursuant to this Act or the provisions adopted pursuant to it, the State shall be responsible for: (1999) Provides for the liability of public authorities.
The right of a State to recover the amount of compensation paid to the person affected by the claimant shall apply mutatis mutandis to the provisions of the regression law against the employer of the employer of the employer.
This Act shall enter into force on 5 January 2007.
Before the law enters into force, measures may be taken to implement it.
THEY 160/2006 , MmVM 11/2006, EV 185/2006, Council Regulation (EC) No 1255/1997 (31997R1255); OJ No 174, 2.7.1997, p. 1, Council Regulation (EC) No 1/2005 (32005R0001); OJ L 3, 5.1.2005, p. 1This Act shall enter into force on 1 November 2009.
THEY 81/2009 , MmVM 7/2009, EV 116/2009
This Act shall enter into force on 1 January 2010.
Before the law enters into force, action can be taken to enforce the law.
THEY 208/2009 , No 23/2009, EV 203/2009
This Act shall enter into force on 1 January 2010.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 161/2009 , HVM 18/2009, EV 205/2009
This Act shall enter into force on 1 March 2011.
THEY 97/2010 , LaVM 18/2010, EV 170/2010
This Act shall enter into force on 1 January 2014.
THEY 222/2010 , LaVM 44/2010 EV 374/2010
This Act shall enter into force on 1 January 2016.
In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
THEY 230/2014 , LaVM 26/2014, EV 319/2014
