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Royal Decree 66/1994 Of 21 January, By Which Establish The Rules Concerning The Protection Of Animals During Transport.

Original Language Title: Real Decreto 66/1994, de 21 de enero, por el que se establecen las normas relativas a la protección de los animales durante el transporte.

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TEXT

The creation of an internal market in the EEC requires the adoption in Spanish legislation of how many Community rules apply to it.

The Spanish legislation on the protection of animals in international transport is included in the Order of the Ministry of Relations with the Courts and the Government Secretariat of 9 March 1990, inspired by the European Convention for the Protection of Animals in International Transport of 13 December 1968, to which Spain acceded by instrument of 23 July 1974, and in Council Directive 77 /489/EEC of 18 July 1974 on the protection of the environment of the animals in international transport and in Council Directive 81 /389/EEC of 12 May, which fixed certain measures necessary for the implementation of the previous one.

In view of the internal market, Council Directive 91 /628/EEC of 19 November on the protection of animals during transport, which is transposed into Spanish legislation by means of this Royal Decree, has been issued, and which sets out the principles which inspired the former with the particularity of the abolition of border checks, in order to remove technical barriers to trade in live animals, and taking account of the application in the Community territory of the Convention on International Trade in Species threatened by wild fauna and flora (CITES) of 3 March 1973.

addition, the completion of the internal market provided for in Article 8a of the EEC Treaty will entail the removal of all obstacles in intra-Community trade with a view to the merger of the national markets in a single market. Bearing in mind that this leads to the abolition of border controls for intra-Community trade and the strengthening of guarantees at source, there is no difference between products destined for the domestic market and those intended for the market in another Member State, and the Directive has therefore been enacted.

Therefore, it is necessary to transpose into Spanish law Directive 91 /628/EEC by means of this Royal Decree, which is dictated by the jurisdiction provided by Article 149.1.16 of the Constitution to the State in which it is The Committee of the European Union is responsible for the implementation of the Treaty on European Union and the European Parliament and the Council of the European Union.

In its virtue, on a proposal from the Ministers of Agriculture, Fisheries and Food and Public Works, Transport and the Environment, heard by the Council of State, and after deliberation by the Council of Ministers, at its meeting on 21 March. January 1994,

D I S P O N G O:

CHAPTER I

General provisions

Article 1. Scope of application.

1. This Royal Decree shall apply to the transport of:

(a) Domestic solipeds and domestic animals of the bovine, ovine, caprine and porcine species.

b) Poultry, domestic birds and domestic rabbits.

c) Domestic dogs and domestic cats.

d) Other mammals and birds.

e) Other vertebrate animals and cold-blooded animals.

2. This Royal Decree will not apply:

(a) The transport of family pets by travellers, without any profit.

(b) The transport of animals carried out over a distance of not more than 50 kilometres from the beginning of the transport of the animals to the place of destination, or by breeders or primers with the aid of vehicles In the case of agricultural products or means of transport belonging to them, in cases where the geographical circumstances require a non-profit seasonal transhumance for certain types of animals.

Article 2. Definitions.

1. For the purposes of this Royal Decree, the definitions referred to in Article 2 of Royal Decree 1316/1992 shall apply, if necessary,

of 30 October laying down the veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market; Article 2 of Royal Decree 1430/1992 of 27 November 1992 laying down the principles governing the organisation of veterinary checks and the identity of animals entering the Community from third countries, and the Community rules on veterinary checks applicable in trade In the context of the internal market and in the context of the establishment of the principles governing the organisation of veterinary checks on products entering the Community from third countries, the Community third parties.

2. In addition,

following definitions shall apply:

(a) : the competent bodies of the Autonomous Communities for the internal market and the Ministries of Agriculture, Fisheries and Food and Public Works, Transport and the Environment, in the field of their respective powers, with regard to exchanges with third countries.

(b) : the parts reserved for the loading and transport of animals in road vehicles, vehicles running on rails, vessels and aircraft, or containers for transport by land, sea or air.

(c) : any movement of animals that is carried out with a means of transport and involves loading and unloading of the animals.

(d) : the place where the journey is interrupted to make the animals rest, feed or grate.

e) : the place where transport is interrupted to move animals from one means of transport to another.

(f) : the place where, without prejudice to the provisions of Article 1 (2) (b), an animal is first loaded into a means of transport, as well as all the places where the animals have been unloaded and installed for a minimum of 10 hours, have been watered, fed and, where appropriate, taken care of, not including stop or transhipment points.

Authorized concentration markets and places may also be considered as places of departure:

1. Where the first place of loading of the animals is less than 50 kilometres from those markets or centres of concentration.

2. Where, in the case where the distance referred to in the previous paragraph is greater than 50 kilometres, the animals have enjoyed a rest period to be determined and have been cleared and fed before being loaded again.

g) : the place where an animal is definitively discharged from a means of transport, not including stop or transhipment points.

h) : the transport from the place of departure to the place of destination.

CHAPTER II

Transport and control within the Community territory

Article 3. Transport.

1. The competent authority shall take appropriate measures to ensure that:

(a) The transport of animals within the territory of the Spanish State, to and from a Member State of the EEC, shall be carried out in accordance with this Royal Decree and, as regards the animals mentioned in:

1. Article 1 (1) (a), in accordance with the provisions of Chapter I of the Annex.

2. Article 1 (1) (b), in accordance with the provisions of Chapter II of the Annex.

3. Article 1 (1) (c), in accordance with the provisions of Chapter III of the Annex.

4. Article 1 (1) (d), in accordance with the provisions of Chapter IV of the Annex.

5. Article 1 (1) (e), in accordance with the provisions of Chapter V of the Annex.

(b) The carriage of animals is not carried out if they are not in a position to make the intended journey and if the appropriate arrangements have not been made for their care during the journey and on arrival at the place of destination. Sick or injured animals shall not be considered suitable for transport. This provision will not apply, however:

1. To the slightly injured or sick animals whose transport was not cause of unnecessary suffering.

2. Animals transported for scientific testing approved by the competent authority.

c) Any animal that falls ill or is injured during transport will receive first aid as soon as possible. If appropriate, he/she shall be subject to appropriate veterinary treatment and, if necessary, urgently slaughtered in such a way as to avoid unnecessary suffering.

2. By way of derogation from paragraph 1 (b), the transport of animals for veterinary treatment or emergency slaughter may be authorised under conditions which do not meet the requirements of this Royal Decree. This type of transport shall be authorised only if no unnecessary suffering or ill treatment is caused to the animals.

Article 4. Identification.

The competent authority shall take appropriate measures to ensure that the animals, during the entire journey, are identified and registered in accordance with Article 3 (1) (c) of Royal Decree 1316/1992 and are to be accompanied by the documentation enabling the competent authority to determine:

a) The source and owner.

b) The place of departure and destination.

c) The date and time of departure.

Article 5. Responsibility for transport.

The competent authority shall take appropriate measures to ensure that:

1. Any natural or legal person who carries out the transport of animals for profit:

(a) Be the holder of an administrative authorization to carry out such transport, granted by the competent authority of the public administration.

(b) Use, for the transport of the animals referred to in this Royal Decree, means of transport which comply with the rules set out in the Annex.

(c) Do not transport or transport animals in conditions that may cause them unnecessary harm or suffering.

2. The person responsible for the animal transport company:

(a) Trust the transport to personnel with the necessary knowledge to provide the necessary care to the transported animals.

(b) to establish, for transport which lasts more than 24 hours from the place of departure and on the basis of the place of destination, the itinerary, including possible stopping or transhipment points, to ensure that the rest, food and water supply, and possible landing and accommodation of the animals in compliance with the requirements of this Royal Decree for the type of animal concerned.

c) Pueda, depending on the species transported and where the distances to be travelled require more than twenty-four hours, keep the test to prove that the necessary arrangements have been made to cover during the journey the water and food needs of the transported animals, even if the travel plan is modified or is interrupted by external causes.

(d) Ensure that the animals are transported without delay to their place of destination, without prejudice to the mandatory breaks of the drivers.

e) Do what is necessary for the original of the travel plan referred to in paragraph (b) to be taken during the transport journey with the date, place and time of departure.

(f) Save, for a period determined by the competent authority, a copy of the said travel plan, which it may submit, upon request of the competent authority, for its possible verification.

g) Ensure, when the animals are transported unaccompanied, that the person responsible for the consignment has complied with the delivery of the animals with the provisions of this Royal Decree and that the consignee has taken the provisions necessary for the reception of animals.

3. The stopping points, fixed in advance by the person responsible referred to in paragraph 2, shall be subject to regular checks carried out by the competent authority.

Article 6. Documentation.

1. The certificates or documents referred to in Article 3 of Royal Decree 1316/1992 shall be completed in the form in which, where appropriate, the Commission of the European Communities is established.

2. The exchange of information between authorities with a view to complying with the requirements of this Royal Decree must be integrated into the computerised system provided for in Article 20 of Directive 90 /425/EEC and, as regards imports from third countries, in the project , in accordance with Article 12 (4) of Directive 91 /496/EEC, following the amendment introduced by Council Decision 92/438/EEC of 13 December 1990, July.

Article 7. Interruptions and delays.

1. The competent authority shall take appropriate measures to prevent or minimise delays in the transport or suffering of animals, in the event of strikes or other unforeseen circumstances preventing the application of this Royal Decree. In particular, in order to speed up the transport of animals under conditions which comply with the requirements of this Royal Decree, special provisions shall be adopted, in particular at ports, airports, railway stations, stations classification and border inspection posts as referred to in Article 6 of Royal Decree 1430/1992.

2. Without prejudice to other requirements in the field of animal health, the transport of animals shall not be interrupted unless it is strictly necessary for the welfare of the animals. Where the transport of animals is to be interrupted for more than two hours, the necessary arrangements for the care of the animals and, where necessary for unloading and accommodation, must be adopted.

Article 8. Inspection and control.

The competent authority, while complying with the principles and control rules established in Royal Decree 1316/1992, will monitor compliance with the requirements of this Royal Decree by means of inspection, Discriminatory:

(a) The means of transport and the animals as soon as they arrive at the place of destination.

(b) The means of transport and animals in the markets, in the places of departure and at the stop and transhipment points.

(c) The information contained in the accompanying documents.

In addition, during transport by the national territory, the competent authority may carry out checks on the animals where it has data which makes an infringement presumed.

Article 9. Precautionary measures.

1. If, during transport, it is established that the provisions of this Royal Decree are not complied with or have not been complied with, the competent authority shall ask the persons responsible for the means of transport to take the measures it considers to be necessary. necessary to ensure the welfare of the animals concerned.

Depending on the circumstances of each case, these measures may include:

(a) The completion of the journey or the return of the animals to their place of departure, by the most direct route, provided that this measure does not cause the animals unnecessary suffering.

b) The accommodation of the animals in an appropriate place, dispensing the necessary care until the resolution of the problem.

c) The cruelty of animals without cruelty. The destination and use of the carcases of such animals shall be regulated in accordance with the provisions of the legislation in force.

2. If the person responsible for the means of transport does not comply with the instructions of the competent authority, the latter shall immediately order the execution of those measures, the costs incurred in the application of the measures being reimbursed in accordance with Article 98 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

3. Decisions taken by the competent authority shall be communicated to the consignor or his representative together with the statement of reasons and to the competent authority of the Member State of dispatch, where appropriate. In the latter case, the competent authority shall inform the Ministry of Agriculture, Fisheries and Food of the decision taken, for notification to the Member State concerned, through the appropriate course.

These reasoned decisions shall be notified to the consignor or his representative in writing by mentioning the resources provided for, as well as their forms and time limits for submission.

However, in the event of a dispute and whenever the two parties agree, they may, within a maximum period of one month, subject the dispute to the assessment of an expert on a list of experts of the European Communities, established by the Commission.

The expert must deliver his opinion within a maximum of seventy-two hours. The parties shall submit to the expert's opinion that they shall comply with the Community veterinary legislation.

Article 10. Checks on Community experts.

Where veterinary experts from the Commission of the European Communities, in so far as it is necessary to ensure the uniform application of this Royal Decree, carry out on-the-spot checks on the ground, the competent authority and the Ministries of Agriculture, Fisheries and Food and Public Works, Transport and the Environment, within the scope of their respective powers, shall be provided with the necessary assistance for the performance of their duties; For the purposes of this Regulation, representatives of the departments concerned may accompany such experts.

CHAPTER III

Import from third countries

Article 11. Imports from third countries.

1. The rules laid down in Royal Decree 1430/1992 shall apply in particular as regards the organisation and the course to be carried out for the checks.

2. Only the importation, transit and transport in and through the territory of the Spanish State of the live animals referred to in this Royal Decree from third countries shall be authorised in the case of the exporter or the The importer, in each case, undertakes in writing to comply with the requirements set out in this Royal Decree and have adopted the relevant provisions to comply with it.

3. The certificate or documents referred to in Article 4 (1) (c) of Royal Decree 1430/1992 shall be completed in the form which the Commission of the European Communities may establish in order to take account of the requirements of this Royal Decree. In the meantime, national rules on the matter will be applicable, in accordance with the general provisions of the EEC Treaty.

CHAPTER IV

Article 12. Breaches and sanctions.

The non-compliance with the provisions of this Royal Decree will be sanctioned in accordance with the applicable regulations applicable in each case.

Additional disposition first. Customs legislation.

This Royal Decree shall apply without prejudice to the obligations arising out of customs legislation.

Additional provision second. Basic character.

This provision is made under the jurisdiction that Article 149.1.16 of the Constitution attributes to the State in the field of foreign and basic health and general coordination of health as well as that which it attributes to it. Article 149.1.20 and Article 21 of the Constitution on transport.

Single repeal provision. Special derogation rules.

The Order of the Ministry of Relations with the Courts and the Secretariat of Government of 9 March 1990 laying down rules on the protection of animals during international transport is hereby repealed. from the entry into force of this Royal Decree.

Final disposition first. Faculty of development.

The Ministers of Agriculture, Fisheries and Food and Public Works, Transport and the Environment are empowered to make the necessary arrangements for development and development in the field of their respective competences. compliance with this provision.

In particular, the Ministry of Agriculture, Fisheries and Food shall give publicity to the supplementary documentation which, if necessary, establishes the Commission, in accordance with the provisions of Articles 6 and 11 of this Royal Decree.

Final disposition second. Entry into force.

This provision shall enter into force on the day following that of its publication in the Official Journal of the State.

Given in Madrid to January 21, 1994.

JOHN CARLOS R.

The Minister of the Presidency,

ALFREDO PEREZ RUBALCABA

ANNEX

CHAPTER I

Domestic solipeds and domestic animals of the bovine, ovine, caprine and porcine species

A. General provisions.

1. Pregnant women who are to leave in the period corresponding to the transport or who have done so in the previous forty-eight hours shall not be considered fit for posting, as well as the newborn animals to which they are not completely healed the navel.

2. (a) The animals must have sufficient space to stand in their natural position and, where appropriate, of barriers which protect them against movements of the means of transport. Except where special conditions relating to the protection of animals require the contrary, they shall have space to lay down.

(b) Means of transport and containers must be designed and handled to protect animals from weather and large climatic variations. Ventilation and air cubication shall be adapted to the conditions of transport and shall be appropriate for the animal species transported.

(c) The means of transport and containers must be easily cleaned and constructed in such a way that the animals cannot abandon them or suffer unnecessary injury or suffering and the safety of the animals " The containers used for the transport of animals must be provided with a symbol indicating the presence of live animals and a sign indicating the position in which the animals are found. They shall also permit the examination and provision of the necessary care for the animals and be prepared in such a way as not to hinder the movement of air. During transport and handling, containers shall always be kept in a vertical position and must not be exposed to shocks or violent shocks.

(d) During transport, the animals must be able to receive adequate water and food at the appropriate frequency. No more than 24 hours shall not elapse without the animals being fed and watered, unless the extension of this period for a maximum of two hours is appropriate for the animals, taking into account, in particular, the species transported, of the means of transport used and of the proximity of the place of unloading.

e) Solipeds shall be provided with a ronzal during transport. This provision shall not be mandatory for foals without domar or for animals transported in individual compartments.

(f) When the animals are bound, the tethers used must be of such resistance that they cannot be broken under normal conditions of transport and of sufficient length for the animals to be able, if necessary, lie, feed and drink; they must be placed in such a way as to avoid any risk of strangulation or injury. The bovine animals must not be bound by the horns, or by the nasal ring.

g) Solipeds must be transported in individual compartments designed in such a way that the animals are not exposed to shocks. However, the competent authority may authorise its transport in groups. In such cases, it shall be ensured that they are not transported together hostile animals to each other or that when transported together, they carry the subsequent hulls.

(h) Solipeds must not be transported in multi-level vehicles.

3. (a) When animals of different species are transported in the same means of transport, they must be separated by species, except where such separation causes them to be affected. In addition, special measures must be provided to prevent incidents which may lead to the presence of species which are hostile to each other in the same way. Where the load of the same means of transport is composed of animals of different ages, adults must be separated from young people; this restriction, however, shall not apply to females travelling with the offspring to which they breastfeed. Adult uncastrated males shall be separated from the females. The verracs intended for reproduction must be separated from each other, as well as the stallions. These provisions shall apply only in so far as the animals have not been reared in compatible groups or are not used to each other.

(b) In the compartments where animals are transported, goods which may hinder their welfare must not be stored.

4. Suitable equipment such as bridges, ramps or walkways shall be used for the loading or unloading of animals. The equipment must be provided with a non-sliding floor and, if necessary, a lateral protection. During transport, animals must not be kept in suspension with the help of mechanical means and must not be lifted or swept away by the head, horns, legs, tail or skin. The use of equipment which produces electric shocks should be avoided as far as possible.

5. The soil of the means of transport or the container shall be sufficiently solid to withstand the weight of the transported animals. It cannot be sliding. If you have interstices or are punctured, you will not present projections to prevent the animals from being boiled. It must be covered with a sufficient straw bed for the absorption of the dejections unless it can be replaced by another procedure which offers, at least, the same advantages or that the dejections are evacuated regularly.

6. In order to ensure the necessary care for animals during transport, they shall be accompanied by a carer, except in the following cases:

(a) Where the animals are transported in perfectly closed containers, which have adequate ventilation and contain, where appropriate, sufficient water and food for a journey of double duration as provided for, in distributors to prevent their spillage.

b) When the carrier assumes the caregiver's functions.

(c) When the consignor has appointed a representative to take care of the care of the animals at certain stop points.

7. (a) The keeper or agent of the consignor shall take care of the animals, feed and abuse them, and, where appropriate, order them.

(b) Dairy cows shall be ordered at intervals of approximately 12 hours, but not more than 15 hours.

(c) In order to enable the caregiver to carry out his duties, he shall have at his disposal, if necessary, a suitable means of illumination.

8. The animals must be taken only by means of transport which have been carefully cleaned and, where appropriate, disinfected. Animal carcasses, manure and dejections will be removed as soon as possible.

B. General provisions for rail transport.

9. Any wagon which serves for the transport of animals, unless they are carried in containers, shall be provided with a symbol indicating the presence of live animals. Where special wagons are not available for the transport of animals, the wagons used must be covered, be capable of circular at high speed and be fitted with sufficiently large aeration openings or have a system of adequate ventilation even at low speed. The interior walls of the wagons shall be made of wood or of any other fully-smooth material and shall be provided with knobs or mooring bars, situated at a suitable height in case the animals are to be tied.

10. When they are not transported in individual compartments, solipeds shall be attached along the same wall of the wagon or in front of each other. However, foals and undomed animals must not be bound.

11. Large animals shall be placed in such a way that the keeper can move between them.

12. Where the separation of the animals is to be carried out in accordance with the provisions of paragraph 3 (a), it may be carried out either in separate parts of the wagon, if the surface of the wagon permits, or by means of the appropriate divisions.

13. At the time of train formation and on the occasion of any other manoeuvring of the wagons, all precautions must be taken to prevent the carriage of wagons carrying animals from being shaken.

C.

Special provisions for road transport.

14. Vehicles must be fitted in such a way that the animals cannot escape and their safety is guaranteed: they will also have a roof which ensures effective protection against the weather.

15. Vehicles used for the transport of large animals which are normally bound to be bound shall be fitted with devices for that purpose. Where vehicles are to be compartmentalized, they must be made by resistant partitions.

16. Vehicles shall have an appropriate equipment which meets the conditions laid down in paragraph 4.

D. Special provisions for water transport.

17. Vessels shall be equipped with facilities to carry out the transport of animals without causing injury or unnecessary suffering.

18. The animals must not be transported on deck, except if they are in suitably stowed containers or in facilities approved by the competent authority and which ensure satisfactory protection against the sea and the weather.

19. The animals must be bound or properly housed in compartments or containers.

20. Appropriate corridors shall be fitted to give access to the compartments, containers or vehicles where the animals are located. Suitable lighting devices shall be provided.

21. There will be a sufficient number of carers, which will depend on the number of animals transported and the length of the journey.

22. The parts of the vessels occupied by the animals shall have facilities for the evacuation of waters and shall be maintained in satisfactory hygienic conditions.

23. An instrument approved by the competent authority shall be available on board to carry out, where necessary, the slaughter of the animals.

24. Vessels used for the transport of animals must be provided, before setting sail, for drinking water supplies, where they do not have adequate production systems, and adequate food stocks, both in relation to the species and the number of animals transported as with the duration of the voyage.

25. Provisions should be made to isolate sick or injured animals during the voyage and to provide first aid when necessary.

26. Paragraphs 17 to 19 shall not apply to the carriage of animals within rail or road vehicles on board or vessels:

(a) Where animals are transported in railway vehicles loaded on ships, special provisions shall be adopted to ensure that animals are provided with adequate ventilation throughout the journey.

(b) Where animals are transported in road vehicles on board vessels, the following measures should be applied:

1. The compartment of the animals must be sufficiently fixed in the vehicle; the vehicle and the compartment of the animals must be fitted with the appropriate ties to ensure a solid attachment to the vessel. In the case of self-transhipment vessels, sufficient ventilation shall be ensured according to the number of vehicles transported, wherever possible, vehicles for the transport of animals shall be placed close to an air inlet. fresh.

2. The animal compartment must be provided with a sufficient number of holes or other means to ensure sufficient ventilation, taking into account the shortage of air within the enclosed space of a panol intended for transport vehicles on a vessel. The free space within the animal compartment and each of its levels must be wide enough to allow adequate ventilation above the animals, when the animals have been

natural standing in a natural way.

3. Direct access must be available in each part of the animal compartment, in order to be able to care for them, feed them and open them during the journey in case of need.

E. Special provisions for air transport.

27. The animals shall be transported in containers or compartments suitable for their species, in accordance with at least the latest IATA standards for the transport of live animals.

28. Precautions shall be taken to avoid too high or too low temperatures on board, taking into account the species. In addition, strong pressure variations should be avoided.

29. A type of instrument approved by the competent authority for the slaughter of animals shall be available on board the cargo aircraft if necessary.

CHAPTER II

Poultry, domestic birds and domestic rabbits

30. The provisions of Chapter I below shall apply the transport of poultry, domestic birds and domestic rabbits: paragraphs (a), (b) and (c) of paragraph 2, paragraphs 3, 5, 6, 8, 9, 13, 17 to 22, 24 and 26 to 29 inclusive.

31. A sufficient quantity of adequate food and water shall be available, except in the case of:

a) Journeys of less than twelve hours, without counting the loading and unloading time.

(b) Journeys of less than 24 hours in the case of breeding of birds of any species, provided that the journey is completed in the seventies and two hours after hatching.

CHAPTER III

Domestic dogs and domestic cats

32. Without prejudice to the provisions of Article 1 (2) (a), the provisions of this Chapter I referred to below shall apply the transport of domestic dogs and domestic cats: paragraph 1, paragraphs (a), (b) and (c) of paragraphs 3, 5 and 6 (a) and (c) of paragraph 7, paragraphs 8, 9, 12, 13, 15 and 17 to 29 inclusive.

33. The animals transported must receive food at intervals not exceeding 24 hours and water at intervals not exceeding 12 hours. Instructions on the subject-matter shall be clearly drawn up. The females in heat shall be separated from the males.

CHAPTER IV

Other mammals and birds

34. (a) The provisions of this Chapter shall apply to the transport of mammals and birds not covered by the preceding chapters.

(b) The provisions of Chapter I below shall apply the transport of the species covered by this Chapter: paragraph 1 (a), (b) and (c) of paragraph 3 (b), paragraphs 4, 5 and 6 (a) and (c) of paragraph 7, paragraphs 8 and 9 and paragraphs 13 to 29 inclusive.

35. Without prejudice to the provisions of Article 3 (1) (b), only animals suitable for transport and in good health may be transported. They shall not be considered as suitable for transport to animals in obvious advanced gestation or have recently stopped, as well as to the offspring of animals unable to feed themselves and not accompanied by the mother. However, in special circumstances, an exception may be made to this rule for the benefit of the animal, if the transport involves the transfer to a place where appropriate treatment can be offered.

36. Only sedatives will be administered in exceptional circumstances and always under the direct supervision of a veterinarian. Details of any treatment with sedatives shall be accompanied by the animal to its destination.

n accompany the animal to its destination.

37. The animals must be transported only by means of transport suitable for that purpose, indicating, where necessary, that they are wild, frightened or dangerous animals. Instructions shall be provided, in a clear form, on the supply of water and food and the special care to be provided to the animals.

Animals included in CITES must be transported in accordance with the most recent provisions of the "Directives on the transport and transport of live wild animals and plants" of CITES. When transported by air, at least the most recent standards of the International Air Transport Association (IATA) concerning the transport of live animals must be complied with. They must reach their destination as soon as possible.

38. Care for the animals referred to in this Chapter shall be provided in accordance with the instructions and principles of paragraph 37.

39. A period prior to boarding shall be provided for the adaptation and conditioning of the animals, during which they shall, if necessary, be progressively introduced into their containers.

40. Animals of different species may not be introduced into the same container. In addition, only animals of the same species may be loaded in the same container when it is known that they are compatible with each other.

41. The cervids shall not be transported in the period during which they are renewing the antlers.

42. The birds must be kept in gloom.

43. Without prejudice to the specific provisions to be adopted in accordance with Article 3 (3), marine mammals shall receive constant attention from a qualified carer. The containers carrying them shall not be stacked.

44. (a) Additional ventilation shall be provided by means of suitable size openings on all the walls of the container, with a view to ensuring adequate and permanent air circulation. Such openings must be such as to prevent the animal from coming into contact with the persons handling the container, or which may be injured.

b) Appropriate size spacer profiles must be placed on all walls, ceilings and bases of the containers to ensure that there is free movement of air in case of stacking or piling of the load.

45. Animals shall not be placed near food or in places accessible to unauthorised persons.

CHAPTER V

Other vertebrate animals and cold-blooded animals

46. Other vertebrates and cold-blooded animals shall be transported in suitable containers which meet the necessary conditions, in particular for space, ventilation, temperature and safety and which have the water and oxygen reserves. considered appropriate for the species. The animals included in the CITES must be transported in accordance with the rules of the Convention relating to the transport and preparation for the transport of wild flora and fauna. When carried by air, at least the most recent IATA rules concerning the transport of live animals must be complied with. They must reach their destination as soon as possible.