The transport of animals is a link of enormous relevance within livestock production, on which converge numerous administrative actions, carried out by different competent authorities, especially with regard to animal health and welfare.
Law 8/2003, of April 24, animal health, establishes, in its article 47, which means of transport of animals and the utilities must be authorized as a prerequisite for the exercise of their activity. This registration obligation already existed since the entry into force of the regulation of Epizootics of 1955.
The Royal Decree 1041 / 1997 of 27 June, is establishing the rules concerning the protection of animals during transport, makes it compulsory that all carrier figure registered in a registry, so that the competent authority can identify it quickly. In addition, this standard establishes certain requirements in relation to the register of carriers which should be taken into account in this Royal Decree.
Regulation (EC) No. 1/2005 of 22 December 2004 Council on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No. 1255/97, which will be applicable as of January 5, 2007 establishes also multiple requirements for authorisation and registration of transporters, containers and means of transport. It is necessary to also take into account this legislation, and provide for the necessary to facilitate its implementation as of January 5, 2007.
Regulation (EC) No. 998/2003 of the European Parliament and of the Council of 26 May 2003, whereby is approved by the animal health requirements applicable to the movements of non-commercial pet animals and amending Council Directive 92/65/EEC, establishes limitations on the number of animals that can be introduced into the territory of the European Community from third countries without that said motion should be considered commercial. At the same time and at the level of the national movement, this aspect is collected in this Royal Decree.
The competent authorities of the autonomous communities, in the performance of their powers, have issued health certificates and other documents relating to the transfer or movement of animals, which should contain information relating to the carrier and to the own container or means of transport employed. Also in his Inspector activity, competent authorities should check compliance by carriers and part of their containers and means of transport of health and animal welfare legislation.
These actions are conducted, on numerous occasions on transporters, containers and means of transport authorized by a competent authority other than that granted the authorization, even belonging to another Member State of the European Union. This circumstance, frequent by the nature of the activity, is necessary to the existence of a general register of an informative nature which will allow the competent authorities to check data from carriers, and their containers and means of transport, approved by other competent authorities. Such registration should allow at the same time pick up the most relevant information concerning this activity, as, for example, the date that was granted permission to the carrier, its renewal or, eventually, his suspension or withdrawn as a result of an administrative or judicial action.
On the other hand, law 8/2003, of 24 April, animal health, also provides, in its article 47, to carriers carried in their vehicles the documentation relating to the animals that move, as well as the administrative authorization. Taking into account that this authorization must have validity not only within the territory of the Spanish State, but also for the carriage out of our country and Regulation (EC) No. 1/2005 lays down provisions on the subject, there should be this circumstance.
In addition, law 8/2003, of April 24, animal health, points out, in its article 48, that carriers must maintain for each vehicle, at least one year, an activity log in which to record all the movements of animals made, with indication of the species, number of animals, their origin and destination. For the same reasons as in the case of authorization by the carrier, it should establish the minimum content of this record, detailing the information contained in the above-mentioned Act, in order to facilitate the Inspector activity of the competent authority.
In the elaboration of this Royal Decree have been consulted the autonomous communities and the organizations representing the sectors concerned.
By virtue, on the proposal of the Ministers of agriculture, fisheries and food and encouraging, with the prior approval of the Minister of public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of June 16, 2006, D I S P O N G O: article 1. Object.
This Royal Decree aims to establish: to) a computer registry of carriers, containers and means of transport of live animals, as well as regulate its functioning.
(b) the minimum information which must contain authorization by the carrier, containers and means of transport of animals established in article 47 of the law 8/2003, of April 24, of animal health.
(c) the minimum content of the training courses in the field of protection of animals during transport.
(d) the minimum information which must contain the activity log carrier, laid down in article 48 of the law 8/2003, of April 24, of animal health.
(e) the creation of the Spanish Committee on protection and welfare of farm animals.
Article 2. Scope of application.
1 this Royal Decree shall apply: to) to transporters of live animals whose registered office is in national territory.
(b) containers and means of transport of animals, belong to a carrier or not.
2 this Royal Decree shall not apply: a) carriers, containers and means of transport of domestic animals, as defined in section 3.4 of law 8/2003, of April 24, provided that transportation is not made in relation to economic activity, without prejudice to the provisions of article 6(4) of this Royal Decree (, b) to the means of transport and containers owned by farmers and which are used by these to transport their own animals, at a distance of less than 50 km exploitation.
(c) to containers other than those used for equidae and animals of the bovine, ovine, caprine or porcine species.
(d) to the transport of animals or from queries or veterinary clinics, by advice of a veterinarian.
Article 3. Definitions.
For the purposes of this Royal Decree, will be of applies. ing the definitions contained in Regulation (EC) No. 1/2005 of the Council of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No. 1255/97, as well as those included in law 8/2003 , 24 April, animal health.
In addition, means: to) competent authority: the competent bodies of the autonomous communities and the cities of Ceuta and Melilla for the purpose of registration of transporters.
b) code REGA: the identification code assigned to a holding, as established in article 5 of Royal Decree 479/2004, of March 26, by which establishes and regulates the general register of livestock farms.
Article 4. Regional records.
The competent authorities shall entered in a register to transporters of live animals whose registered office is located in its territory, as well as to their containers and means of transport, including, at least, the data listed in annexes I and II, respectively.
Article 5. General register of carriers, containers and means of transport of animals.
1 is created, assigned to the General address of animal husbandry of the Ministry of agriculture, fisheries and food, the general register of carriers, containers and means of transport of animals, from now on, general register, which will integrate the data in the regional registers managed by the competent authorities.
2. for these purposes, the system of management of the registers of the competent authorities will allow data from annexes I and II of this Royal Decree that held their records and high, low, and changes in these records carried out, have immediate reflection in the general register, for which, where appropriate, be established appropriate mechanisms of connection or data between regional databases and the log dump General.
3. the general register will constitute in a computerized database called 'Computer system for registration of transporters of animals' (SIRENTRA), dependent of the Ministry of agriculture, fisheries and food. This register will be accessible to the competent authorities, the autonomous body traffic Central Headquarters and forces and security bodies responsible for the control of the transport of animals.
4. the general register will only have a public character in the name of the carrier and your authorization number.
5. the validity of maximum authorizations will be five years, renewable according to provide the competent authority.
Article 6. Authorization and registration.
1. the transporters of live animals must be approved and registered by the competent authority prior to the exercise of their activity. They must also be approved and registered containers and means of transport of live animals.
2. the competent authority shall determine the procedure, including procedures and the specific requirements for authorization, in accordance with legislation, and, in particular, with Regulation (EC) No. 1/2005 of 22 December 2004 Council.
3. the competent authority shall have the requirements for the authorisation and registration of carriers and means of transport of the honey bee. In this case, will not be required all the requirements for the authorisation and registration of carriers and means of transport of vertebrate animals. Especially, a simplified regime can be established as regards the transfer of hives of holdings of small size (up to 15 hives), as well as the migration of these.
4 must register the containers and means of transport used for the carriage of dogs, cats or ferrets when simultaneously transported six or more animals, without prejudice to legislation in the field of health and protection of animals during transport.
5. all documents shall be written, at least in Spanish and English. They must be compliant to the models established by the legislation in force and include, in addition, at a minimum, tax identification number, tax ID or passport of the carrier number, code as appropriate.
6. the competent authority may suspend or withdraw approval of the carrier, of the means of transport or container, should stop the requirements which resulted in the authorization or commit serious or repeated infringements of legislation on the protection of animals during transport, after hearing the interested party, irrespective of the penalties of another order that may be applicable.
Article 7. Inscription in the registration and granting of authorization number.
1. authorisations shall be entered in the register by assigning them an identification number in accordance with paragraph 3.
2. Likewise, modifications, renewals, suspensions or extinction of such authorisations shall be entered in the register.
3. the approval number allocated must ensure the identification of such authorization uniquely within the national territory. The structure of this number will be the following: to) for carriers: 1 AT: fixed acronym meaning "Authorized carrier".
2nd is: Spain identifies.
3rd two digits that identify the autonomous community where is situated the registered office of the carrier, according to the coding of the National Institute of statistics.
4th two digits that identify the province where is situated the registered office of the carrier, according to the coding of the National Institute of statistics.
5 seven digits that identify the carrier within the province in a unique way.
(b) for means of transport and containers: authorization number will be the registration number, chassis number there is no registration or, in the case of absence of a code that identifies uniquely to the means of transport or container, will be added to the identification number of the carrier at least three sequential code digits that uniquely identifies it. In any case, the container must be physically identified by authorization number.
Article 8. Training.
When, for the purposes of compliance with current regulations, be carried out training courses in the field of protection of animals during transport, they must have a minimum duration of 20 hours and be approved by the competent authority. They must include, besides the subjects established by current legislation, aspects linked to the security road, to the performance of the carrier in case of accident or incident during the transport of animals by road and to the cleaning and disinfection of means of transport and containers.
Article 9. Obligations and rights of carriers.
1. the carrier, once authorized, must communicate the changes to the data entered in the register to the competent authority within the period which is determined, that it shall not exceed 15 working days since these changes.
2 the carrier shall be liable for that at least the following documents are carried on board each container or means of transport belonging to the same: to) a copy of the authorization from the carrier.
(b) the authorization of the container or means of transport.
(c) the activity log, established in article 48 of the law 8/2003, of April 24, whose minimum content fixed in annex III. This activity record will be approved by the competent authority, and will be maintained properly completed and updated.
Means of transport for the transport of honey bees, poultry and rabbits must also maintain a record of activity, although not containers used for such transport are recorded in the general register.
(d) a copy of the certificate of formation, as the legislation requires it. The certificate must be written, at least in Spanish and English.
3. registered natural persons may exercise their rights of access, opposition, rectification and cancellation to the competent authorities, with respect to the annotations of the corresponding record in the terms provided in the organic law 15/1999, of 13 December, of protection of personal data. Once carried out the relevant actions, the result will be communicated by the competent authority concerned to the general register in the terms provided for in article 5(2) of this Royal Decree, to the corresponding correction or deletion of data from the general register, without prejudice to the possible correction or deletion of data from the general register which may be made by the remaining subjects undergoing registration.
Article 10. Sanctioning regime.
In the event of breach of the provisions of this Royal Decree, applies the infractions and sanctions regime established in law 8/2003, of April 24, animal health, and the Royal Decree 1945 / 1983, of 22 June, which regulates infractions and sanctions in defense of the consumer and of the agri-food production , without prejudice to responsibilities civil, criminal or other that can attend.
Article 11. Spanish Committee for welfare and protection of farm animals.
1. you create the Spanish Committee for welfare and protection of farm animals as a collegiate body, interdepartmental in character, which will be the coordinating body between the General Administration of the State, the autonomous communities and the cities of Ceuta and Melilla, in terms of well-being and protection of farm animals, attached to the Ministry of agriculture, fisheries and food , through the General Directorate for livestock.
2 the Committee shall consist of the following members: to) President: the General Director of animal husbandry of the Ministry of agriculture, fisheries and food.
(b) Vice-President: Deputy General Director of management and good practices livestock of the General Directorate for livestock.
(c) vocal: 1 by the General Administration of the State: the General Deputy Director of Animal health of the Ministry of agriculture, fisheries and food; a representative of the Ministry of public works; one of the Spanish Agency for food safety of the Ministry of health and Consumer Affairs; and one of the Ministry of the Interior.
2nd by the autonomous communities: a representative of each autonomous community and the cities of Ceuta and Melilla, which agreed to integrate into this body.
3rd part of national non-governmental organizations which have as one of its main objectives the defence of animal welfare of production animals: a representative, appointed by the Chairman of the Committee, on the proposal of these.
4th by the representative of the livestock sector, national institutions: a representative, appointed by the Chairman of the Committee, on the proposal of these.
(d) Secretary: an official who occupy, at least, the post of Chief of section in the relationship of the General Sub-Directorate of good farming practices and management jobs, designated by the holder of this.
3 they may attend, upon invitation and when deemed necessary, with voice and vote, independent experts and representatives of the sectors concerned.
4. the Committee may approve its own rules of operation. In everything not foreseen therein, shall apply the provisions of chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
5. the Committee shall meet by call of its Chairman or at the request of one third of its members and, at a minimum, once per semester.
6 functions of the Spanish Committee on protection and welfare of farm animals are: to) coordinating the actions of the General Administration of the State, the autonomous communities and the cities of Ceuta and Melilla in animal welfare of production animals.
(b) propose measures that will ensure the coordinated application of the rules on animal welfare.
(c) carry out tasks of study and advice for the elaboration of national legislation in the field of animal welfare.
(d) agree on the Constitution of specific working groups.
7. the functioning of the Committee does not imply increasing public spending and will be dealt with material means and personnel in the Ministry of agriculture, fisheries and food.
8. expenditures on compensation for carrying out services, diets and displacements resulting from noncompliance with the participation at meetings of the members of the Committee, shall be borne by their respective administrations or organisations of origin.
Sole additional provision. Creation of file.
He is created in the Ministry of agriculture, fishing and feeding the data file of transporters of animals, derived from the general register regulated by article 5 of this Royal Decree, with the content provided for in article 20 of the organic law 15/1999, of 13 December, of protection of data of character personal, which is detailed in annex IV.
Sole transitional provision. Deadline for registration.
Carriers who were exercising their activity of transporting animals, as well as the means of transport and containers used for such purpose, that they were authorized by the competent authority, in accordance with the provisions of the Royal Decree 1041 / 1997 of 27 June, is establishing the rules concerning the protection of animals during transport they may continue their activities, although they must adapt to the requirements and conditions established in this Decree, by January 5, 2007, by providing the necessary data for this purpose.
In the case of containers and means of transport for dogs, cats and ferrets, whose transport is not part of an economic activity, registration shall be 24 months from the entry into force of this Royal Decree.
Sole repeal provision. Repeal legislation.
Article 52 of the regulation of the law of Epizootics, approved by Decree of 4 February 1955, is repealed.
First final provision. Skill-related title.
This Royal Decree is issued under cover of the provisions of article 149.1.13. 2nd and 16th of the Constitution, which attributes to the State the exclusive competence in matters of bases and coordination of general economic activity and base planning and overall coordination of the health.
Second final provision. School of application and modification.
1. is it allows the Ministers of agriculture, fisheries and food, building and Interior to issue, in the scope of their powers, the provisions which are necessary for compliance with and implementation of the provisions of this Royal Decree.
2 also authorizes the Ministers of agriculture, fisheries and food and building to amend annexes I to III, and the Minister of agriculture, fisheries and food to adapt annex IV amendments which enter the Community rules or to modify it for urgent reasons of animal health.
Given in Madrid, June 16, 2006.
JUAN CARLOS R.
The first Vice-President of the Government and Minister of the Presidency, MARÍA TERESA FERNÁNDEZ DE LA VEGA SANZ annex I data minimums of the carrier, to be included in the general register, according to articles 4 and 5.2 1. Authorization number assigned to the carrier.
2. surname and first name and or business name of the carrier, nationality and full address.
3 code or identification number Fiscal (CIF or NIF) 4. Name and nationality of the legal representative of the company and your tax ID.
5 date of the authorization.
6. date of expiry of the authorisation.
7. type of authorization (not valid for long trips or valid for all types of travel, including long trips).
8 decisions notified in accordance with the articles 26.4. c) and 26.6 of Regulation (EC) No. 1/2005 of 22 December 2004 Council on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No. 1255/97.
9. competent authority issuing the authorization.
Annex II minimum data containers and means of transport to be included in the general register, according to articles 4 and 5.2 1. Data of the carrier which is associated with the container or means of transport, according to annex I.
2. identification number (registration number of frame or, if not there is a code that uniquely identifies the container or means of transport, will be added to the identification number of the carrier a sequential three-digit code that uniquely identifies it).
3. category: railway, highway, air, river or sea.
4. type: truck, container, cage trailer, trailer over 750 kg trailer less than 750 kg, semitrailer, van, tractor, Adaptive mixed vehicle or others.
5. dimensions: length, width, existence or absence of mobile platform; number of platforms; SQM total and useful per floor.
6. species for which it is authorized.
7. maximum number of animals that can be transported, by species and type of animal, or maximum number of hives for those authorized to carry these. For the transport of fish shall be indicated the number of animals or the weight of them, as appropriate.
8. If you are authorized for journeys of more than 8 hours: yes/no.
9. If it is equipped with satellite navigation system: yes/no.
10. date of authorization.
11. date of renewal (in your case).
12. date of low (in your case).
13 decisions notified in accordance with the articles 26.4. c) and 26.6 of Regulation (EC) No. 1/2005 of the Council of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No. 1255/97.
Annex III minimum content of the activity, according to article 9(2) log. c) 1. Approval number of transporter, according to point 1 of annex I.
2. number of authorization of the container or means of transport, according to point 2 of annex II.
3. a driver who makes every movement of animals, nationality and your tax ID or passport number.
4 date and start time of each trip.
5. planned duration of each trip.
6. place of origin: REGA code of exploitation (in the case of holdings situated in the national territory), owner name or trade name of the holding of origin and full address. In the event that the owner of the farm is different from the owner of the animals, the name of this shall be given.
7. date and time of departure date.
8. place of destination: REGA code of exploitation (in the case of holdings situated in the national territory), owner name or trade name of the exploitation of target and full address.
9. number of displaced animals or number of hives for the container or means of transport authorised to carry these. For the transport of fish shall be indicated the number of animals or the weight of them, as appropriate.
10 species they belong to animals.
11. identification number of the health certificate or origin associated with the movement and delivery date.
12. date and place of disinfection of the vehicle and certificate number or heel of disinfection of the container or means of transport. This requirement will not be mandatory in the case of transport of the honey bee, pursuant to article 49.1 of the Act 8/2003, of 24 April, animal health.
Annex IV data file of transporters of animals responsible for the Declaration and registration of the file unit: address General of animal husbandry of the Ministry of agriculture, fisheries and food.
Purpose: registration of individuals, transporters of live animals, which will allow the rapid identification of them when checks are carried out.
Applications: control, by the competent authorities, in compliance with current regulations.
People and groups affected: any physical person, carrier of live animals, which is located in Spain.
Data collection procedures: provided for in article 5.
Basic structure of the file, and description of the types of personal data included in the: character data call sign of carriers: 1. surname and name of the carrier and full postal address.
2. number of Fiscal identification (ID) or passport number and nationality.
3 name and nationality of the legal representative of the company and your tax ID.
Transfers of data of a personal nature and international data transfers: to the autonomous communities in the field of its competences. Likewise, to forces and bodies safety and the autonomous body Central Traffic Headquarters, responsible for the control of the transport of animals.
Responsible authority: Directorate General of livestock.
Body to which the rights of access, rectification and cancellation can be exercised: authorities of the autonomous communities and the cities of Ceuta and Melilla, in accordance with article 9.3.
Safety with indication of the required level: basic level.