The transport of animals is a very important link in livestock production, on which numerous administrative actions, carried out by different competent authorities, converge, especially in the field of livestock production. animal welfare and animal health.

Law 8/2003 of 24 April on animal health provides, in Article 47, that the means of transport of animals and proprietary undertakings must be authorised as a prerequisite for the exercise of their activity. This registration obligation has already existed since the entry into force of the Epizootic Regulation of 1955.

Royal Decree 1041/1997 of 27 June 1997 laying down the rules on the protection of animals during their transport provides for the obligation for any carrier to be registered in a register, the competent authority can identify it quickly. In addition, this rule establishes certain requirements in relation to the registration of carriers that must be taken into account in this royal decree.

Council Regulation (EC) No 1/2005 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 the Regulation (EC) No 1255/97, which shall apply from 5 January 2007, also lays down multiple requirements for the authorisation and registration of carriers, containers and means of transport. It is also necessary to take account of these rules and to provide for the need to facilitate their implementation from 5 January 2007.

Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending the Council Directive 92/65/EEC lays down restrictions on the number of animals which may be introduced into the territory of the European Community from third countries without such movement being considered commercial. At the same time and in the field of national movement, this aspect is reflected in this royal decree.

The competent authorities of the autonomous communities, in the performance of their competencies, must issue health certificates and other documentation related to the movement or movement of animals, in which they must record information concerning the carrier and the container or means of transport used. In addition, in their inspection activities, the competent authorities must verify compliance by the carriers and their containers and means of transport of the legislation in force in the field of animal health and welfare.

These actions are carried out on numerous occasions on carriers, containers and means of transport authorised by a competent authority other than the one which granted the authorisation, even belonging to another Member State of the European Union. This circumstance, which is frequent because of the nature of the activity, makes it necessary to have a general register of information enabling the competent authorities to consult the data of the carriers and their containers and means of transport authorised by other competent authorities. Such registration should allow for the collection of the most relevant information in respect of this activity, such as the date on which the authorisation was granted to the carrier, its renewal or, possibly, its suspension or withdrawal as the consequence of administrative or judicial action.

On the other hand, Law 8/2003 of 24 April on animal health also provides, in Article 47, that carriers must carry the documentation relating to the animals they carry in their vehicles, as well as the administrative authorisation. Given that this authorisation must be valid not only within the territory of the Spanish State, but also for the transport carried out outside our country and that Regulation (EC) No 1/2005 lays down provisions in this respect, This should be foreseen.

In addition, Law 8/2003 of 24 April on animal health points out, in Article 48, that carriers must maintain, for each vehicle, at least for one year, an activity register in which all the carriers are registered. movements of animals, with an indication of the species, number of animals, their origin and destination. For the same reasons as in the case of the authorization of the carrier, it is appropriate to establish the minimum content of this register, detailing the information contained in the aforementioned law, in order to facilitate the activity of the authority competent.

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

In its virtue, on the proposal of the Ministries of Agriculture, Fisheries and Food and of Promotion, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on 16 June 2006,

D I S P O N G O:

Article 1. Object.

This royal decree aims to set:

(a) A computer record of carriers, containers and means of transport of live animals, as well as regulating their operation.

(b) The minimum information to be contained in the authorisation of the carrier, the containers and the means of transport of animals laid down in Article 47 of Law 8/2003 of 24 April of animal health.

(c) The minimum content of training courses on the protection of animals during their transport.

(d) The minimum information to be contained in the activity register of the carrier, as set out in Article 48 of Law 8/2003 of 24 April, on animal health.

e) The creation of the Spanish Committee for the Protection and Welfare of Production Animals.

Article 2. Scope.

1. This royal decree will apply:

(a) To carriers of live animals whose registered office is in national territory.

(b) To containers and means of transport of live animals, whether they belong to a carrier or not.

2. This royal decree will not apply:

(a) To carriers, containers and means of transport of domestic animals as defined in Article 3.4 of Law 8/2003 of 24 April, provided that the transport is not carried out in connection with an 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 the cattlemen and used by the farmers to transport their own animals, at a distance from their holding of less than 50 km.

(c) To containers other than those used for equidae or animals of the bovine, ovine, caprine or porcine species.

(d) The transport of animals from or to veterinary consultations or clinics, on the advice of a veterinarian.

Article 3. Definitions.

For the purposes of this royal decree, they will apply. (a) the definitions contained in Council Regulation (EC) No 1/2005 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 contained in Law 8/2003 of 24 April of animal health.

In addition, it is understood by:

(a) Competent Authority: the competent bodies of the Autonomous Communities and the Cities of Ceuta and Melilla for the purposes of registration of carriers.

(b) REGA code: the identification code assigned to a holding, as provided for in Article 5 of Royal Decree 479/2004 of 26 March 2004 establishing and regulating the General Register of livestock holdings.

Article 4. Autonomic records.

The competent authorities shall register in a register the carriers of live animals whose registered office is located in their territorial area, as well as their containers and means of transport, including at least the data as referred to in Annexes I and II respectively.

Article 5. General registration of carriers, containers and means of transport of animals.

1. The General Directorate of Livestock of the Ministry of Agriculture, Fisheries and Food, the General Register of carriers, containers and means of transport of animals, is hereby established. in the autonomic registers managed by the competent authorities.

2. For this purpose, the system for managing the records of the competent authorities shall allow the data in Annexes I and II to this royal decree to be recorded in their records and to enable the records and the discharge of the records to be recorded. perform, have immediate reflection in the General Register, for which, where appropriate, appropriate mechanisms for connecting or dumping data between the autonomous databases and the General Register shall be established.

3. The General Register shall be set up in a computerised database called 'Animal Carrier Registration System' (SIRentra), which is dependent on the Ministry of Agriculture, Fisheries and Food. This register shall be accessible to the competent authorities, to the autonomous agency Head of Traffic and to the Security Forces and Bodies responsible for the control of the transport of animals.

4. The General Register shall have a public character only in respect of the name of the carrier and its approval number.

5. The maximum validity of the authorisations shall be five years, renewable as provided for by the competent authority.

Article 6. Authorization and registration.

1. Carriers of live animals must be authorised and registered by the competent authority prior to the exercise of their activity. The containers and means of transport of live animals must also be authorised and registered.

2. The competent authority shall lay down the procedure, including the formalities and specific requirements, for such authorisation in accordance with the legislation in force, and in particular with Council Regulation (EC) No 1/2005 of 22 December 2004.

3. The competent authority shall have the requirements for the authorisation and registration of carriers and means of transport of honey bees. In this case, all the requirements applicable to the authorisation and registration of carriers and means of transport of vertebrate animals shall not be required. In particular, a simplified scheme may be established in the case of the transfer of hives from small holdings (up to 15 hives), as well as the transhumance of such hives.

4. Containers and means of transport used for the transport of dogs, cats or ferrets shall be recorded when six or more animals are transported simultaneously, without prejudice to the rules in force in the field of health and safety the animals during their transport.

5. All documents will be written in English and Spanish at least. They shall be in conformity with the models established by the legislation in force and include, in addition, at least the tax identification number, the tax identification code or the carrier's passport number, as appropriate.

6. The competent authority may suspend or withdraw the authorisation of the carrier, the means of transport or the container, in the event that it no longer complies with the requirements which gave rise to the authorisation or committed serious or repeated infringements of the rules in force on the protection of animals during their transport, subject to the hearing of the person concerned, irrespective of the sanctions of another order which may correspond to him.

Article 7. Enrollment in the registration and award of authorization number.

1. The authorisations shall be entered in the register by assigning them an identification number in accordance with paragraph 3.

2. Amendments, renewals, suspensions or extinctions of such authorisations shall also be entered in the register.

3. The authorisation number awarded shall ensure the identification of such authorisation in a single form within the national territory. The structure of that number shall be as follows:

a) For carriers:

1. º AT: Fixed acronyms meaning "Carrier Authorization".

2. ES: identifies Spain.

3. º Two digits identifying the autonomous community where the carrier's registered office is radiating, according to the National Statistics Institute's coding.

4. º Two digits identifying the province where the carrier's registered office is located, according to the National Statistics Institute's codification.

5. º Seven digits that identify the carrier within the province uniquely.

b) For means of transport and containers:

The authorization number will be the number of registration number, the number of the rack of no registration or, if there is no code that uniquely identifies the means of transport or the container, it will be added to the number of identification of the carrier a sequential code of at least three digits that uniquely identifies it. In any case, the container must be physically identified by this authorization number.

Article 8. Training.

When, for the purposes of compliance with the current regulations, training courses on the protection of animals during their transport must be carried out, they must be for a minimum duration of 20 hours and be approved by the competent authority. They shall include, in addition to the matters laid down in the legislation in force, aspects relating to road safety, the action of the carrier in the event of an accident or incident during the carriage of animals by road and the cleaning and disinfection of the means of transport and containers.

Article 9. Obligations and rights of carriers.

1. The carrier, once authorised, must communicate the changes in the data recorded in the register to the competent authority within the time limit determined by the competent authority, which may not exceed 15 working days after such changes have occurred.

2. The carrier shall be responsible for carrying on board each container or means of transport attached to it at least the following documents:

a) A copy of the carrier authorization.

b) The authorization of the container or means of transport.

(c) The activity register, as set out in Article 48 of Law 8/2003, of 24 April, the minimum content of which is set out in Annex III. This activity register shall be approved by the competent authority and shall be kept duly completed and updated.

The means of transport for the transport of honey bees, domestic birds and rabbits must also maintain an activity register, even if the containers used for such transport are not recorded in the General Register. transport.

(d) A copy of the training certificate, when required by the legislation in force. This certificate must be written in English and Spanish at least.

3. The registered natural persons may exercise the rights of access, opposition, rectification and cancellation to the competent authorities, in respect of the records of the corresponding registration, in the terms provided for in the Organic Law 15/1999, of 13 December, on the protection of personal data. Once the relevant action has been taken, the result shall be communicated by the competent authority concerned to the General Register in accordance with the terms set out in Article 5.2 of this royal decree, for the appropriate rectification or cancellation of the data in that General Register, without prejudice to the possible rectification or cancellation of the data in the General Register which may be made by the remaining subjects submitted to the register.

Article 10. Sanctioning regime.

In the event of non-compliance with the provisions of this royal decree, the regime of infringements and penalties laid down in Law 8/2003 of 24 April, of animal health, and Royal Decree 1945/1983, of 22 June, shall apply. the rules governing infringements and penalties in respect of the defence of the consumer and of agri-food production, without prejudice to the civil, criminal or other responsibilities which may be held.

Article 11. Spanish committee on welfare and protection of production animals.

1. The Spanish Committee for the Welfare and Protection of Animals of Production is hereby established as a collegial organ of an interdepartmental nature, which will be the coordinating body between the General Administration of the State, the Autonomous Communities and the Cities of Ceuta and Melilla, in matters of welfare and protection of the animals of production, attached to the Ministry of Agriculture, Fisheries and Food, through the General Directorate of Livestock.

2. The Committee shall be composed of

following members:

(a) President: the Director General of Livestock, Ministry of Agriculture, Fisheries and Food.

b) Vice President: the Deputy Director General of Management and Good Livestock Practices of the General Directorate of Livestock.

c) Vocals:

1. On the part of the General Administration of the State: the Deputy Director General of Animal Health of the Ministry of Agriculture, Fisheries and Food; a representative of the Ministry of Public Works; one of the Spanish Security Agency Food of the Ministry of Health and Consumer Affairs; and one of the Ministry of the Interior.

2. From the Autonomous Communities: a representative of each Autonomous Community and the Cities of Ceuta and Melilla, who agree to join this body.

3. By non-governmental organizations of a national character that have as one of their main objectives the defense of animal welfare of the animals of production: a representative, appointed by the president of the Committee, on a proposal from the Committee.

4. No national representative of the livestock sector: a representative, appointed by the Chairman of the Committee, on a proposal from the Committee.

(d) Secretary: an official who holds, at least, the position of Head of Section in the list of posts of the General Subdirectorate for Management and Good Livestock Practices, designated by the holder of this.

3. Independent experts and representatives of the sectors concerned may attend, upon invitation and when deemed necessary, with a voice and without a vote.

4. The Committee may approve its own operating rules. In all that is not provided for therein, the provisions of Chapter II of Title II of Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure shall apply.

5. The Committee shall meet by a call from its President or at the request of one third of its members and at least once a semester.

6. These are the functions of the Spanish Committee for the Protection and Welfare of Production Animals:

a) Coordinate the actions of the General Administration of the State, the Autonomous Communities and the Cities of Ceuta and Melilla in the field of animal welfare of the production animals.

b) Propose measures to ensure coordinated enforcement of animal welfare regulations.

c) Carry out study and advisory tasks for the development of national animal welfare legislation.

d) Agree to the setting up of specific working groups.

7. The functioning of the Committee shall not increase public expenditure and shall be addressed with the material and personnel resources available at the Ministry of Agriculture, Fisheries and Food.

8. The costs of compensation for the performance of services, allowances and displacements arising from the participation in meetings of the members of the Committee shall be on behalf of their respective administrations or organizations. source.

Single additional disposition. Creating a file.

The data file of animal carriers, derived from the general register regulated by Article 5 of this royal decree, is created in the Ministry of Agriculture, Fisheries and Food, with the content provided for in the article. 20 of the Organic Law 15/1999 of 13 December on the protection of personal data, as detailed in Annex IV.

Single transient arrangement. Deadline for registration.

Carriers who were carrying out their activity of transporting animals, as well as the means of transport and containers used for that purpose, which were authorised by the competent authority, in accordance with the Royal Decree 1041/1997 of 27 June 1997 laying down rules for the protection of animals during their transport may continue to carry out their activities, although they must be adapted to the requirements and conditions laid down in this Directive. established in this royal decree, before 5 January 2007, providing the necessary data for that purpose.

For containers and means of transport for dogs, cats and ferrets, the transport of which is not part of an economic activity, the time limit for registration shall be 24 months from the entry into force of this real estate. decree.

Single repeal provision. Regulatory repeal.

Article 52 of the Epizootic Law Regulation is repealed, approved by Decree of 4 February 1955.

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.13. and 16. of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of the activity. economic and general foundations and coordination of health.

Final disposition second. Application and modification faculty.

1. The Ministers of Agriculture, Fisheries and Food, of Promotion and of the Interior are empowered to dictate, in the field of their competences, the provisions necessary for the fulfilment and implementation of the provisions of this royal decree.

2. The Ministers for Agriculture, Fisheries and Food and for the Promotion of Amendments to Annexes I to III, and the Minister for Agriculture, Fisheries and Food, are hereby authorised to adapt Annex IV to the amendments introduced by the legislation. or to modify it for urgent animal health reasons.

Given in Madrid, June 16, 2006.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

ANNEX I

Minimum carrier data, which must appear in the General Register, as per Articles 4 and 5.2

1. Authorization number assigned to the carrier.

2. Name and name and or social reason for the carrier, nationality and full address.

3. Tax Identification Code or Number (CIF or NIF)

4. Name and nationality of the legal representative of the company and its NIF.

5. The high date of the authorization.

6. The expiration date of the authorization.

7. Type of authorization (not valid for long or valid trips for all types of trips, including long trips).

8. Decisions notified in accordance with Articles 26.4.c) and 26.6 of Council Regulation (EC) No 1/2005 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.

9. Competent authority issuing the authorisation.

ANNEX II

Minimum data for containers and means of transport to be included in the General Register, according to Articles 4 and 5.2.

1. Data of the carrier to which the container or means of transport is associated, according to Annex I.

2. Identification number (registration number, frame number or, in the case of no code identifying uniquely the container or means of transport, a sequential code of three shall be added to the carrier identification number digits that uniquely identify it.)

3. Category: railway, road, air, inland waterway or sea.

4. Type: truck, container, cage trailer, trailer of more than 750 kg, trailer less than 750 kg, semi-trailer, van, tractor, mixed vehicle or other.

5. Dimensions: length, width, existence or absence of mobile platform; number of platforms; useful square meters per floor and totals.

6. Species for which it is authorized.

7. Maximum number of animals that can carry, by species and type of animal, or maximum number of hives for those authorised to carry these animals. For the transport of fish, the number of animals or the weight of the animals shall be indicated, as appropriate.

8. If you are authorised for journeys of more than 8 hours: yes/no.

9. If you are equipped with satellite navigation system: yes/no.

10. Date of authorization.

11. Renewal date (if any).

12. Low date (if any).

13. Decisions notified in accordance with Articles 26.4.c) and 26.6 of Council Regulation (EC) No 1/2005 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 activity record content, as per item 9.2.c)

1. Approval number of the carrier, as set out in point 1 of Annex I.

2. Approval number of the container or means of transport, as set out in point 2 of Annex II.

3. Driver who performs each animal movement, nationality and his or her NIF or passport number.

4. Start date and time of each trip.

5. Expected duration of each trip.

6. Place of origin: REGA code of the holding (in the case of holdings located in the national territory), name of the owner or trade name of the holding of origin and full address. Where the owner of the holding is different from that of the owner of the animals, the name of the animals must be listed.

7. The end date and time of the trip.

8. Place of destination: REGA code of the holding (in the case of holdings located in the national territory), name of the owner or trade name of the holding of destination and full address.

9. Number of animals displaced or number of hives for containers or means of transport authorised to carry these. For the transport of fish, the number of animals or the weight of the animals shall be indicated, as appropriate.

10. Species to which the animals belong.

11. Identification number of the health certificate or certificate of origin associated with movement and date of issue.

12. Date and place of disinfection of the vehicle and certificate number or disinfection heel of the container or means of transport. This requirement shall not be mandatory in the case of means of transport of honey bees, in compliance with Article 49.1 of Law 8/2003 of 24 April of animal health.

ANNEX IV

Animal Carrier Data File

Unit responsible for the declaration and registration of the file: General Directorate of Livestock of the Ministry of Agriculture, Fisheries and Food.

Purpose: registration of natural persons, carriers of live animals, which will allow for the rapid identification of the same when controls are carried out.

Uses: control, through the competent authorities, of compliance with the current regulations.

Affected persons and groups: any natural person, carrier of live animals, who radiuses in Spain.

Data Collection Procedures: the one provided for in Article 5.

Basic file structure, and description of the types of personal data included in the: data of the carriers identifying character:

1. Name and name of the carrier and full postal address.

2. Tax Identification Number (NIF) or passport number and nationality.

3. Name and nationality of the legal representative of the company and its NIF.

Personal data and international data transfers: to the autonomous communities in the field of their competencies. Also to the Security Forces and Corps and to the autonomous agency Headquarters of Traffic, responsible for the control of the transportation of animals.

Responsible body: General Directorate of Livestock.

Authority to which the rights of access, rectification and cancellation may be exercised: competent authorities of the autonomous communities and of the cities of Ceuta and Melilla, in accordance with the provisions of Article 9.3.

Security measures with indication of the required level: entry level.