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Royal Decree 363/2009 Of 20 March, Amending Royal Decree 1559 / 2005 Of 23 December, On Basic Conditions Which Must Comply With The Centers Of Cleaning And Disinfection Of Vehicles Dedicated To The Transport By Road And...

Original Language Title: Real Decreto 363/2009, de 20 de marzo, por el que se modifica el Real Decreto 1559/2005, de 23 de diciembre, sobre condiciones básicas que deben cumplir los centros de limpieza y desinfección de los vehículos dedicados al transporte por carretera e...

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TEXT

Royal Decree 1559/2005 of 23 December on basic conditions to be met by centres for the cleaning and disinfection of vehicles dedicated to road transport in the livestock sector is the basic rule of law. in respect of, and includes within its scope, vehicles for the carriage by road of rehala dogs, recovas or jaurias.

In its implementation, the need for a timely modification of the application has been highlighted, in particular to provide for appropriate adaptations in the case of vehicles for the transport of rehala, recovas or jaurian dogs, in attention to its special features.

It is also considered appropriate to clarify the scope of the Royal Decree 751/2006 of 16 June on the authorisation and registration of carriers and the means of transport of animals and on which the Spanish Committee of welfare and protection of production animals, and to make partial use of the possibility of derogations provided for in Article 18.4 of Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals in the course of transport and related operations and amending Directives 64 /432/EEC and 93 /119/EC and Regulation (EC) No 1255/97, in respect of journeys of up to 12 hours for the arrival at the final place of destination, for the species covered by Chapter VI of Annex I to that Regulation, in such a way that it is appropriate to amend the said Royal Decree 751/2006 of 16 June, in so far as it is not possible to derogate from the general application of the remainder of Article 18 of the Community Regulation or from point 1.4 (b) of the Chapter V of Annex I.

In addition, the composition of the Spanish Committee for the Welfare and Protection of Production Animals is modified for a better representation of the sectors, and, in the interests of the necessary legal certainty and clarity, it is estimated It is necessary to expressly repeal Royal Decree 1041/1997 of 27 June 1997 laying down rules on the protection of animals during their transport, as currently applied by Council Regulation (EC) No 1/2005 of 22 December 1997. December 2004. This rule expressly repealed Council Directive 91 /628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90 /425/EEC and 91 /496/EEC, which was incorporated into the legal order internal by the royal decree that is now repealed.

This royal decree is dictated by the development of Law 8/2003, of April 24, of animal health and of Law 32/2007, of 7 November, for the care of animals, in their exploitation, transport, experimentation and slaughter, and in virtue of the titles laid down in Article 149.1, Rules 13 and 16 of the Constitution, which attribute to the State exclusive competence in matters of, respectively, bases and coordination of the general planning of economic activity and bases and general coordination of health.

In the elaboration of this royal decree, the autonomous communities and the most representative entities of the affected sectors have been consulted.

In its virtue, on the proposal of the Minister of the Environment, and the Rural and Marine Environment, and the Minister of Public Works, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and deliberation of the Council of Ministers at its meeting on 20 March 2009,

DISPONGO:

Article first. Amendment of Royal Decree 1559/2005 of 23 December on basic conditions to be met by the centres for the cleaning and disinfection of vehicles dedicated to road transport in the livestock sector.

Royal Decree 1559/2005 of 23 December on basic conditions to be met by centres for the cleaning and disinfection of vehicles dedicated to road transport in the livestock sector is amended as follows: follows:

One. Article 3.1.c) is worded as follows:

" (c) Cleaning and disinfection centres constructed to provide exclusive service to individual or grouped livestock holdings, including those hosting rehales, recovas or jaurias or those located on the farms where they are carries out the business of the business, to livestock associations or to agricultural societarian entities of any kind, including health care groups, agricultural cooperative societies or Community land and company exploitation agricultural processing, as well as to enterprises of products for animal feed. "

Two. Article 3.4 is worded as follows:

" 4. Comply with the provisions of Annex I on equipment and installations, with the exception of:

(a) The centres for the cleaning and disinfection of road transport vehicles, in which case the equipment and installations must be specifically designed and organised in order to be able to carry out the cleaning and disinfection of such vehicles and their elements, vats or tanks.

(b) The centres for the cleaning and disinfection of vehicles for the carriage by road of rehala dogs, recesses or jaurias, including those on the farms where the hunting activity is carried out, in which case the equipment Approved personal or existing personnel on the premises must be specifically designed and organised in order to be able to effectively carry out the cleaning and disinfection of such vehicles. "

Three. Article 5.2 is worded as follows:

" 2. After the vehicle has been disinfected, the appropriate seal or seals shall be affixed on the doors or access points of the livestock, products for animal feed or by-products, to the load structure of the vehicle. The seal or seals shall be adapted to the shape and conditions of the elements in which the livestock, animal feed products or by-products are transported within the vehicle.

In case of transport of livestock, the certificate or heel issued by the cleaning and disinfection centre shall be valid from the seal of the vehicle until the completion of the first transfer of livestock after the break of the seal. For these purposes, in the case of vehicles for the carriage of rehales, recovas or jaurias, it shall be understood as the completion of the first shipment, the end of the first cynetic activity following the break of the seal, in such a way that the the cleaning and disinfection of the vehicle must be carried out after the first post-load marking of the animals has been completed before the loading of the animals into the vehicle is initiated for the purpose of carrying out a second monteria, to which effect it may be carried out on the spot by a participant in the approved monteria as a cleaning and disinfection centre, or in another Case after unloading of the dogs at the place of origin of the movement and before leaving for another monteria.

However, a maximum period of validity of the seal may be provided by the competent authority. The carrier shall, at least during transport and until the following cleaning and disinfection, keep the appropriate disinfection certificate or heel at the disposal of the competent animal or animal health authorities. traffic and movement of motor vehicles by road. '

Article 2. Amendment of Royal Decree 751/2006 of 16 June on the authorisation and registration of carriers and means of transport of animals and establishing the Spanish Committee on the Welfare and Protection of Animals of Production.

Royal Decree 751/2006 of 16 June on the authorisation and registration of carriers and means of transport of animals and on which the Spanish Committee on the Welfare and Protection of Animals of Production is hereby established, modified as follows:

One. Article 6.4 is replaced by the following:

" 4. The containers and means of transport used for the transport of dogs, cats or ferrets shall be recorded when the transport is carried out in connection with an economic activity, including the rearing of animals for sale, or with a view to profit. "

Two. Article 11 (2) (c) (4) is worded as follows:

" 4. By the representative entities of the livestock sector, animal transport sector and sector slaughterhouses, three representatives, one for each sector, appointed by the President of the Committee on the proposal of the respective representative entities at national level. '

Three. The title of the single additional disposition changes its denomination by the additional disposition of the first disposition.

Four. An additional second provision is added, with the following content:

" Additional Disposition Second. Exceptional authorizations.

The competent authority, as provided for in Article 18.4 of Council Regulation (EC) No 1/2005 of 22 December 2004, may, for journeys of up to 12 hours for the arrival of the final place of destination, including loading and unloading, the use of means of transport which do not comply with the provisions of Chapter VI of Annex I to Council Regulation (EC) No 1/2005 of 22 December 2004. '

Single transient arrangement. Temporary application.

The provisions of this royal decree shall apply to the administrative procedures in respect of which there has not been a firm resolution on the administrative basis on the day of its entry into force, including the applications for the authorisation of centres for the cleaning and disinfection of vehicles dedicated to road transport in the livestock sector.

Single repeal provision. Regulatory repeal.

Royal Decree 1041/1997 of 27 June 1997 laying down rules on the protection of animals during transport is hereby repealed.

Single end disposition. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 20 March 2009.

JOHN CARLOS R.

The First Vice President of the Government

and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ