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 constitutes the basic rule governing animal welfare requirements in the European Union which must be met when live vertebrate animals are transported in relation to an economic activity.

The Kingdom of Spain also has to be considered to have signed and ratified the Convention for the Protection of Animals in International Transport, held in Paris on 13 December 1968, and which would enter into force on 3 February. of 1975.

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 on the Welfare and Protection of Animals of Production was set up, First step in the process of implementation and development in our order of the mentioned regulation.

After both standards, others have been published, which together with the experience gained in the application of the above, make it necessary to revise the provisions of the Royal Decree 751/2006 of 16 June.

Thus, the enactment of Law 32/2007, of 7 November, for the care of animals in their exploitation, transport, experimentation and slaughter, has meant a substantial legal change which, among other things, has established a (i) the system of penalties. In addition, Article 8 of that law provides that carriers of animals, their vehicles, containers or means of transport must have the corresponding authorisation and be registered, in the terms which they regulate determine.

This obligation coexists with that laid down in Law 8/2003 of 24 April of animal health, which provides, in Article 47, that the means of transport of animals (except domestic animals) and the holding companies they must be authorised as a prerequisite for the exercise of their activity.

In the field of animal health, Council Directive 2006 /88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products and for the prevention and control of certain animals diseases of aquatic animals, was transposed by Royal Decree 1614/2008 of 3 October concerning animal health requirements for aquaculture animals and products, as well as for the prevention and control of aquatic animals certain diseases of aquatic animals. At the time of publication of this royal decree, it was considered more practical to modify the Royal Decree 751/2006, of 16 June, in order to include everything related to the transport of these animals in that royal decree.

The regulatory development of the aforementioned regulatory forecasts should therefore be carried out in order to facilitate their implementation and control. In accordance with the provisions of Law 20/2013 of 9 December 2013 on the guarantee of the market unit, the authorisations granted by the authority of origin, that is to say, by the competent authority of the territory in which the carrier and in which it accesses the economic activity of the transport of animals, and for their exercise, shall have validity and effectiveness throughout the national territory.

Also, in 2007, the Royal Decree 728/2007 of 13 June, establishing and regulating the General Register of Livestock Movements and the General Register of Individual Identification of Animals, in which it is established, was published. the obligation of a transfer document for each movement, which makes it redundant to regulate the registration of activity towards the aforementioned Royal Decree 751/2006 of 16 June. It is therefore appropriate to amend the provisions in this regard, ensuring that the provisions of Regulation (EC) No 1/2005 of 22 December 2005 on information to accompany animals are complied with.

The aforementioned Royal Decree 751/2006 has been amended three times, and a fourth amendment could be confusing for operators and citizens in general, so in the interests of clarity and legal certainty it is appropriate to repeal it and approve a new royal decree.

On the other hand, it is necessary to designate the entry points for which the entry of road transport vehicles of animals and feed coming from third countries, which are loaded or empty, may be authorised, due to their the provision of inspector personnel as well as the presence of adequate facilities for cleaning and disinfection of vehicles, with the entry of other non-designated ports prohibited. In this way, with the presence of cleaning and disinfection facilities in the ports, the risk of transmission by means of transport vehicles of foot-and-mouth disease or other diseases that may appear or reappear in the port may be reduced. North Africa and that of reaching Spain, would have a very important economic impact on the agri-food sector.

The provisions included in this royal decree are exclusively those relating to animal welfare and animal health, without prejudice to other provisions laid down in the legislation in force.

This royal decree is dictated by the development of the sixth final provision of Law 32/2007, of 7 November, for the care of animals in their exploitation, transport, experimentation and slaughter, and of the final disposal fifth of Law 8/2003 of 24 April on animal health.

Given the markedly technical nature of this provision, its adoption is considered to be adjusted by means of a royal decree. In its preparation, the Autonomous Communities have been consulted, as well as the sectors concerned.

In its virtue, on the proposal of the Minister of Agriculture and Fisheries, Food and Environment, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council and after deliberation of the Council of Ministers at its meeting on 25 November 2016,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object.

This royal decree is intended to:

1. Laying down detailed rules for the application in the Kingdom of Spain of Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of live animals during transport and related operations and amending Directives 64 /432/EEC and 93 /119/EC and Regulation (EC) No 1255/97 as regards:

a) Authorization and registration of carriers.

b) Authorization and registration of transport and container media.

c) Transport documents.

d) Training of staff.

e) Obligations of carriers and other operators on the protection of animals during transport and related operations.

2. Designate the entry points for which road transport vehicles of live animals of the equine, porcine, bovine, ovine and caprine species, loaded or empty, as well as road transport vehicles of the Member States may be introduced feed, loaded or empty, from certain third countries.

3. To lay down detailed rules for the application of Law 8/2003 of 24 April on animal health in respect of the transport of animals.

Article 2. Scope.

1. This royal decree shall apply to carriers of live animals and other operators, whether natural or legal persons, who are directly or indirectly involved in the transport of animals in connection with an economic activity. It shall also apply to the means of transport, containers and, for the purposes of Article 15, to their facilities and establishments.

2. This royal decree will not apply to:

(a) Carriers, means of transport and containers 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 relation to an activity economic.

(b) Carriers, means of transport and containers of invertebrates, except honey bees (Apis mellifera) and bumblebees (Bombus spp.), which shall be governed by the provisions of Article 5.7 of the present royal decree, and invertebrates that are aquaculture animals.

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

(d) To containers other than those used for equidae for production, or animals for the production of bovine, ovine, caprine, porcine and aquaculture animals.

3. The authorisations provided for in Articles 5 and 6 shall apply only in accordance with the provisions of Article 47 of Law 8/2003 of 24 April 2003 on the following movements:

(a) The transport of animals by livestock farmers using agricultural vehicles or means of transport belonging to them in cases where the geographical circumstances require a transport for the seasonal transhumance of certain types of animals.

(b) to the transport carried out by the farmers of their own animals, by their own means of transport, at a distance of their holding less than 50 km.

(c) The carriage of pet animals as defined in Article 3.3 of Law 8/2003 of 24 April when transport is not carried out in connection with an economic activity.

Article 3. Definitions.

1. For the purposes of this royal decree, the definitions laid down in Law 32/2007 of 7 November 2007 for the care of animals on the holding, transport, testing and slaughter of animals in Regulation (EC) No 1/2005 shall apply. Council Decision of 22 December 2004 and Article 3 of Law 8/2003 of 24 April 2004.

2. This shall also be understood as:

(a) Carrier: any natural or legal person transporting animals in connection with an economic activity, on its own account or on behalf of a third party.

(b) Means of transport: road or rail vehicles, vessels and aircraft used for the transport of animals.

(c) Container: any drawer, case, receptacle or other rigid structure used for the transport of animals, other than a means of transport.

d) Organizer:

1. º A carrier that subcontracts a portion of the trip to at least one other carrier or,

2. º A natural or legal person who contracts for the performance of a trip to more than one carrier or,

3. º The person who signs the first section of the onboard notebook or road map.

(e) On board or road map: the document referred to in Article 5.4 and Annex II to Regulation (EC) No 1/2005 of the Council of 22 December 2004 and which must accompany all long journeys, both the which are carried out between Member States, such as those originating or destined in third countries, and transporting equidae-other than registered equidae-or bovine, ovine, caprine or porcine animals.

CHAPTER II

Animal health and welfare rules in transport

Article 4. Obligations of carriers.

Any carrier whose registered office in Spain must meet the following requirements:

(a) Be authorised and registered for that purpose by the competent authority in accordance with Article 5.

(b) Use means of transport and containers which have been authorised and registered in accordance with Article 6.

(c) Ensure that the transported animals are fit for transport, in accordance with the provisions laid down in the legislation, without prejudice to the responsibility of the operator who delivers the animals for transport.

(d) Ensure that the animals are accompanied by the documents referred to in Article 9 and that the activity register is maintained in accordance with Article 10.

e) Ensuring that drivers or carers of animals have the training or certificate of competence, in accordance with the provisions of Council Regulation (EC) No 1/2005 of 22 December 2004 and in the Article 11 of this royal decree.

Article 5. Authorization for carriers.

1. The carriers shall be authorised by the competent authority of the territorial area in which they access the transport activity, and for their financial year, as laid down in Articles 10 and 11 of Council Regulation (EC) No 1/2005 of 22 June 2005. December 2004, and in accordance with Article 47 of Law 8/2003 of 24 April 2004. The authorisation issued by the competent authority shall be valid throughout the national territory.

In the case of carriers established in a non-member country of the European Union, and who wish to apply in Spain for an authorization, they must be established in the national territory, unless they appoint a legal representative. accredited, established in Spain, to assume its obligations and responsibilities.

2. Without prejudice to any additional requirements which may be laid down by the competent authority, the applicant shall demonstrate by submitting a responsible declaration, the following requirements:

(a) Not being authorised, or having applied for authorisation from other competent authorities in Spain, or in other Member States of the European Union,

(b) Not having been disciplined in the last three years for having seriously infringed the national or Community legislation for the protection of animals.

3. The authorisation shall be issued in accordance with the models set out in Annex III to Council Regulation (EC) No 1/2005 of 22 December 2004. It will be completed in all of its fields, including the number of tax identification or foreign identification number.

4. The authorization may be:

(a) Type 1, valid only for journeys of a duration not exceeding 8 hours, complying with the requirements of Article 10 and Chapter I of Annex III to Regulation 1/2005 of the Council of 22 December.

(b) Type 2, valid for all types of travel, in compliance with Article 11 and Chapter II of Annex III to Regulation (EC) No 1/2005 of the Council of 22 December 2004.

5. Without prejudice to the rules governing the use of other official languages, authorisations must be issued in English and Spanish at least.

6. The competent authority shall assign to the carrier, in accordance with the register referred to in Article 12, an authorisation code for carrier of animals whose structure shall be as follows:

a) AT: Fixed signs that mean "Animal Carrier Authorization".

b) ES: Identifies Spain.

c) Eleven digits that identify the carrier uniquely throughout the national territory.

7. The competent authority may provide for a simplified authorisation scheme in the case of the transfer of up to 15 hives or transhumance of such hives.

Article 6. Authorization of the means of transport and containers.

1. The means of transport, including tractor heads if the journey is longer than 8 hours, and the containers, must be authorised by the competent authority of the territorial area in which the transport activity is accessed, for the carrier shall submit a request to the carrier in the manner in which that competent authority determines. The authorisation issued by the competent authority shall be valid throughout the national territory.

2. The means of transport and the containers shall be identified by means of their registration number or the number of frames of which there is no registration. If the rack does not uniquely identify the carrier or container, it will be identified with the authorization code of the responsible carrier, which will be added to a three-digit sequential code at the end.

3. The authorisation of the means of transport and containers may be:

a) For travel up to eight hours,

b) For more than eight hours,

c) For trips of up to twelve hours in the cases covered by Article 8.1 of this royal decree.

The model included in Chapter IV of Annex III to Regulation (EC) No 1/2005 of the Council of 22 December 2004 may be used for the means of transport authorised for journeys of less than eight hours and up to 12 hours, provided that the scope of the authorization is clearly specified in the document.

4. The competent authority may provide for a simplified authorisation scheme in the case of the transfer of up to 15 hives or transhumance of such hives. In any case, the carrier must ensure that the hives are transported safely for the animals and the people.

5. Carriers applying for approval of a vessel for the carriage of livestock shall submit a written request at least 15 working days before the date of the inspection. In addition, at least four working days between the day of the inspection and the proposed day for the loading operations must elapse.

Article 7. Validity of the authorizations.

1. Without prejudice to the provisions of European Union legislation, the duration of the authorisations provided for in Articles 5 and 6 shall be at most five years from the date of issue. Their validity is conditional upon the maintenance of the conditions required for their granting.

2. The competent authority shall, in the case of the commission of two or more offences at least as serious in animal welfare rules within a period of two years, declare the suspension or immediate withdrawal of the authorisation and the (a) the extent to which measures are necessary to prevent the effective exercise of the activity as a carrier of animals or the use of the means of transport or container for that purpose. Where the sanctioning competition is applicable to the General Administration of the State, the suspension shall be imposed for two years or the withdrawal of the authorisation.

Article 8. Application of the derogations provided for in Community legislation.

1. Pursuant to Article 18 (4) of Regulation (EC) No 1/2005 of the Council of 22 December 2004, carriers whose authorisation is of type 2 and who undertake a road trip which does not exceed 12 hours in order to reach their destination final destination, including loading and unloading, will be excepted from:

(a) Use means of transport which do not comply with the provisions laid down in paragraphs 3, 4, 5, 7 and 8 of point 1, and in points 2, 3 and 4 of Chapter VI of Annex I to Council Regulation (EC) No 1/2005 of 22 December December 2004.

b) Use means of transport for pigs that do not have water supply on a continuous basis during the journey. However, if you have the same, it must be used.

2. Shipping containers used only on vessels supplying them with water from their own tanks are exempted from compliance with paragraph 2.3 of this Chapter, as provided for in point 2.4 of Chapter VI of Annex I to the Regulation. Council Regulation (EC) No 1/2005 of 22 December 2004.

Article 9. Animal transport documents.

1. The following documents shall accompany the transported animals and be made available to the competent authorities and the Security Forces and Bodies:

(a) The authentic or certified copy of the authorization of the carrier referred to in Article 5 of this royal decree, or the original of the same.

b) The original of the authorization of the means of transport, or its authentic or certified copy.

(c) A documentation showing, with respect to the animals, their origin and owner or holder; the place, date and time of departure; the place of destination and time of arrival.

d) The animal health documentation for the animals.

e) The movement document, as set out in Article 6 and Annex VII to Royal Decree 728/2007 of 7 June establishing and regulating the General Register of Livestock Movements and the General Register of Individual identification of animals or card of equine movement, in accordance with Royal Decree 577/2014 of 4 July, for which the equine movement card is regulated.

f) The certificate 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 and bumblebees, in compliance with Article 49.1 of Law 8/2003 of 24 April of animal health.

g) Documentation on the identification of animals, as laid down in sectoral legislation.

2. The information referred to in paragraphs 1 (c), 1 (d) and 1 (e) may be provided by means of a single document.

3. It shall also be carried out where it is chargeable:

a) The original, authentic or certified copy of the caregiver's certificate of competence, in accordance with Article 11 of this royal decree.

(b) The logbook or road map, duly completed in the cases provided for in Council Regulation (EC) No 1/2005 of 22 December 2004.

c) In the transport of aquaculture animals:

1. A record of mortality, as far as possible, according to the means of transport and the species transported.

2. The farms, the mollusc farming areas and the processing establishments where the vehicle has been located.

3. All water changes, in particular the origin of the new water and the place of water evacuation.

Article 10. Activity Log.

The activity register, set out in Article 48 of Law 8/2003, of 23 April, will consist of the file, for each means of transport or container, of the documentation and information relating to each movement, according to with Article 9, on paper or computer support, ordered chronologically.

This file must be maintained at the carrier's registered office and at the disposal of the competent authority for a minimum period of three years.

For species not included in the General Register of Livestock Movements set out in Royal Decree 728/2007 of 7 June, the carrier shall be responsible for compliance with the provisions of Article 9.1 (c) of this Regulation. royal decree. The competent authority may lay down the format for the recording of the information to accompany the animals in such cases.

Article 11. Training in the protection of animals during transport.

1. Persons handling live vertebrate animals during transport and related operations in relation to an economic activity, including the staff of the concentration centres approved in accordance with the veterinary legislation of the The European Union shall have received training including the provisions of Annexes I and II to the Regulation in accordance with Article 6.4 of Council Regulation (EC) No 1/2005 of 22 December 2004. Such training shall be documented in accordance with the determination of the competent authority.

2. Drivers or carers in a road vehicle for the transport of equidae, bovine animals, sheep, goats, pigs or poultry shall have a certificate of competence issued by the competent authority in accordance with the a model set out in Chapter III of Annex III to Council Regulation (EC) No 1/2005 of 22 December 2004, including the number of tax identification, passport or foreign identification number of the person to whom the is granted.

3. Training courses for the purpose of issuing the certificate of competence shall comply with the minimum requirements laid down in Annex I to this Royal Decree. The delivery of the courses or the completion of the final examination may be carried out by the competent authority or be recognised, approved or approved by the competent authority to other public or private entities. The competent authority shall ensure the independence and absence of conflict of interests of the examiners. Approvals, acknowledgements or authorisations to private entities carried out by the competent authority shall have effects throughout the national territory.

4. The competent authorities may recognise, as equivalent for obtaining the certificate of competence, the qualifications obtained for other purposes, provided that the minimum requirements laid down in the Regulation are met for their content. (EC) No 1/2005 of the Council of 22 December 2004.

5. Recognition of competition by a competent authority shall take effect throughout the national territory.

Article 12. Record of carriers, means of transport, and containers.

The competent authorities shall register in a register the carriers of authorised live animals, as provided for in Article 5, as well as their containers and means of transport in accordance with Article 6.

Article 13. National database of carriers, means of transport and containers.

1. The Ministry of Agriculture and Fisheries, Food and the Environment shall maintain, for the purposes of coordination, a computerised database containing the information provided by the competent authorities, as set out in Annex II.

2. This database will be managed by the Directorate General of Agricultural Productions and Markets of the Ministry of Agriculture and Fisheries, Food and Environment.

3. The competent authorities shall have access to it, the autonomous body of the Central Command of Traffic, the bodies or bodies of the Ministry of Fomento competent in the field of merchant marine and civil aviation, and the Bodies and Forces of Security.

4. The Ministry of Agriculture and Fisheries, Food and the Environment shall establish, in collaboration with the competent authorities, the necessary technical protocols to allow the updated database to be maintained.

5. Registered natural persons may exercise the rights of access, opposition, rectification and cancellation to the competent authorities in respect of the entries of the corresponding registration in the terms provided for in the Law Organic 15/1999, of December 13, Personal Data Protection.

Article 14. Other obligations.

1. Without prejudice to the other obligations laid down in the current legislation, the organisers, as defined in Article 3.2 (d) of this Royal Decree, shall be responsible for

following:

(a) Meet the obligations laid down in Article 5 (3) and (4) of Council Regulation (EC) No 1/2005 of 22 December 2004.

(b) Meet the obligations relating to the on-board notebook, where this is compulsory. In particular, the correct planning of the journey, the compliance with the provisions of paragraphs 1 and 3 of Annex II to Regulation (EC) No 1/2005 of the Council of 22 December 2004, and, in the alternative, the return by the carrier, in time, of a copy to the competent authority of the place of departure.

c) Use a single onboard notebook. In the case of journeys in which animals are loaded or unloaded in different places, as many sections 2, 3 and 5 shall be used as necessary.

2. Without prejudice to the other obligations laid down in the current legislation, carriers shall have the following obligations:

(a) They shall be responsible, in the case of transport in which the logbook is mandatory, for the return of a copy of this document within one month of the end of the journey to the authority competent of the place of departure, as well as of the signature and correct and truthful completion of its section 4.

(b) On ro-ro vessels, they shall be liable to the compliance of the ship's master of its obligations in accordance with Council Regulation (EC) No 1/2005 of 22 December 2004.

c) In contingency plans, they must include what is necessary to ensure the welfare of the animals against any unforeseen in the course of the course. In particular, when a vehicle is immobilised, it shall have the necessary not to leave it abandoned at the place of immobilisation with the animals inside. In the event of failure to do so, the competent authority shall take the necessary measures, including the appropriate costs.

3. Without prejudice to the other obligations laid down in the current legislation, in the case of transport by sea, the master shall:

(a) Ensure that the documents referred to in Article 9 are carried on board.

b) Dispose of a plan of cleaning and disinfection of the facilities dedicated to the animals. Prior to the boarding of the animals, it shall be ensured that the animals have been cleaned and disinfected in advance according to the plan.

(c) In the case of ro-ro vessels, it shall comply with the requirements of point 3 of Chapter II of Annex I to Regulation (EC) No 1/2005 of the Council of 22 December 2004.

Article 15. Conditions for operators providing service at ports and airports.

1. Port and airport operators, including ground handling service undertakings at airports, authorised for the management of animals, and under the supervision and control of the competent official veterinary services, shall be required to have:

(a) Personnel with the training provided for in Article 11.

(b) Local and facilities that permit compliance with the existing animal welfare requirements according to the type of animals they handle or host.

c) A contingency plan to deal with emergency situations that may occur. Such a plan shall include at least the measures to be taken in the event of detection of unfit, dead animals or where animals may be accidentally escaped during loading and unloading.

(d) A plan for the cleaning and disinfection of premises and facilities to be used for the loading or unloading of animals.

2. In the case of air transport, animals must be transported in containers, enclosures or compartments adapted to their species which comply with the standards of the International Air Transport Association (IATA) relating to live animals; and In any case, only the air quality, temperature and pressure at the appropriate levels for each species can be maintained during the entire journey.

CHAPTER III

Input and output points

Article 16. Exit points of the European Union.

1. Equidae, bovine, ovine, caprine and porcine animals, to be exported to countries not members of the European Union, must leave by ports or airports approved as exit points by the Directorate-General for Health of the Agricultural Production of the Ministry of Agriculture and Fisheries, Food and the Environment, with the exception of ports authorised as a border inspection post in which animals are exported on ro-ro vessels. Such exit points shall be considered as a customs office or have been previously authorised by the customs authority for the departure of goods to third countries. To this end, they shall comply with the necessary animal welfare requirements, which may be consulted on the website of the Ministry of Agriculture and Fisheries, Food and the Environment, on the livestock external trade link.

2. The Port Authorities, through Ports of the State, as well as the operators of the interested airports, must submit the corresponding application to the Directorate General of Health of the Agricultural Production of the Ministry of Agriculture and Fisheries, Food and the Environment, which will be the competent body to resolve. The Subdirectorate General of Sanitary Agreements and Border Control will be in charge of instructing the procedure. The application shall be submitted by electronic means through any of the means and records provided for in Article 16 of Law 39/2015 of 1 October of the Common Administrative Procedure of the Public Administrations and shall be accompanied by the documentation with the project that establishes compliance with the required requirements, including the reference to the facilities, the contingency plan, and the cleaning and disinfection presented by the operators.

Applications may also be submitted electronically through the website of the website of the Ministry of Agriculture and Fisheries, Food and the Environment (www.mapama.gob.es).

The Ministry of Public Works and the Ministry of the Presidency and the Territorial Administrations will issue their reports in the processing of the procedures resulting from these requests. Such reports, if they are unfavourable to the estimation of the application, shall be binding.

The maximum time limit for issuing and notifying the corresponding resolution will be six months, from the entry of the application in the register of the Ministry of Agriculture and Fisheries, Food and Environment. After that deadline, the final decision shall not have been notified to the parties concerned, the parties may understand their request.

Against the resolution dictated by the Director General of Health of Agrarian Production, which will not exhaust the administrative route, will be the right to appeal to the Secretary General of Agriculture and Food, in terms and deadlines. provided for in Articles 121 and 122 of Law 39/2015 of 1 October 2015.

3. Such exit points shall take the necessary precautions to ensure that animal welfare conditions are maintained, and measures shall be taken to give priority to the transport of animals and to avoid or minimise any delay. or the suffering of the animals. The operations may be supervised by an official veterinarian of that exit post.

4. In the case of export of animals to third countries, the exporter of the animals shall be deemed to be the organizer of the journey.

Article 17. Designated points of entry for road transport vehicles.

1. Road transport vehicles of live animals of the equine, porcine, bovine, ovine and caprine species, loaded or empty, as well as road transport vehicles of feed, loaded or empty, from third countries only may enter the territory of Spain through a point of entry designated by the Directorate-General for Health of Agricultural Production which has the status of a customs office or place authorised by the customs authorities for the entry of goods from third countries. The list of approved entry points shall be made public through the website of the Ministry of Agriculture and Fisheries, Food and the Environment, in the field of foreign trade.

2. Only those ports with cleaning and disinfection facilities that comply with Articles 3.3, 3.4, 4 and 5 of Royal Decree 1559/2005 of 23 December on basic conditions to be met by the centres shall be designated. for the cleaning and disinfection of vehicles dedicated to road transport in the livestock sector.

Article 18. Prohibition of entry of vehicles.

The entry of road transport vehicles of live animals of the equine, porcine, bovine, ovine and caprine species, loaded or empty, as well as the road transport vehicles of feed, shall be prohibited. or empty, from third countries, by any port that has not been designated an entry point.

CHAPTER IV

Controls and sanctioning regime

Article 19. Inspections and controls.

1. The checks on compliance with Council Regulation (EC) No 1/2005 of 22 December 2004 and the provisions of this royal decree shall be carried out within the National Plan of Official Control of the Food Chain, in accordance with the Article 41 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls carried out to ensure the verification of compliance with feed and food law and the rules on animal health and animal welfare

2. The competent authorities shall forward annually to the Ministry of Agriculture and Fisheries, Food and Environment, in the format laid down in European Union legislation, the relevant information on the results of their inspections and controls, so that such information can be forwarded to the European Commission.

3. The competent authority shall take all necessary measures to ensure that the vehicle inspections are carried out in the shortest possible time.

Article 20. Coordination and duty of information.

1. The Ministry of Agriculture and Fisheries, Food and the Environment is the point of contact for the purposes of Articles 24.2, 26.7 and 27.2 and of Council Regulation (EC) No 1/2005 of 22 December 2004.

2. The autonomous communities and the cities of Ceuta and Melilla shall establish a contact point for the purposes of compliance with the provisions laid down in this royal decree and in Regulation (EC) No 1/2005 of the Council of 22 December 2004, which shall communicate to the Ministry of Agriculture and Fisheries, Food and the Environment.

3. The Ministry of Agriculture and Fisheries, Food and Environment will coordinate with the competent authorities the precise actions for the implementation of this royal decree.

Article 21. Controls by the European Commission.

1. The competent authorities shall provide the experts of the European Commission with all the assistance and assistance they need to carry out the checks provided for in Article 28 of Council Regulation (EC) No 1/2005 of 22 December 2004. In these controls, the representatives of the Ministry of Agriculture and Fisheries, Food and the Environment may accompany the experts of the European Commission and the representatives of the competent authorities of the Autonomous Communities.

2. The competent bodies and the Ministry of Agriculture and Fisheries, Food and the Environment shall establish the corresponding mechanisms for coordination and cooperation of the actions relating to the performance and results of these controls.

3. The competent authorities shall take the necessary measures to take account of the results of the checks and inspections.

Article 22. Sanctioning regime.

1. In the event of non-compliance with the provisions of this Royal Decree, the regime of infringements and penalties laid down in Law 32/2007 of 7 November, or Law 8/2003 of 24 April, shall apply without prejudice to other rules. the applicable state or regional authority, and any possible civil, criminal or other liability liability.

2. In the case of infringements committed in the course of transport, the competent authority of the autonomous community in the territory of which the acts which are the subject of control and the constituent of the infringement shall take place shall be the responsibility of the competent authority. Without prejudice to the competence of the competent authority which authorised the carrier in respect of the suspension and withdrawal of the authorization, the competent authorities should be provided with the necessary cooperation and exchange of documentation and information. The competent authority which initiates the sanctioning file to a carrier or competition organizer of another autonomous community shall make an official communication to the latter, where the sanction is signed on an administrative basis.

3. In the case of offences committed in relation to the transport of unfit animals, the liability may be in solidarity with the operator with the holding where the animals were loaded.

Single additional disposition. Containment of public expenditure.

The measures included in this rule will not be able to increase endowments or rewards or other personnel costs.

First transient disposition. Existing data and authorizations.

1. The records of the competent authorities shall be integrated into the records of the data already recorded in the database established by the Royal Decree 751/2006 of 16 June on the authorisation and registration of carriers. and means of transport of animals and for which the Spanish Committee for the Welfare and Protection of Animals of Production is hereby established.

2. The provisions of this royal decree will not affect the validity of the authorisations issued in the scope of Royal Decree 751/2006 of 16 June, without prejudice to its suspension or withdrawal for the reasons and procedures laid down.

Second transient disposition. Exit points.

The ports or airports authorized by the Directorate General of Health of Agricultural Production of the Ministry of Agriculture and Fisheries, Food and the Environment as exit points at the time of the entry into force of this royal decree, they will maintain their authorization.

Single repeal provision. Regulatory repeal.

The Royal Decree 751/2006 of 16 June on the authorisation and registration of carriers and means of animal transport is hereby repealed and the Spanish Committee on the Welfare and Protection of Animals of the European Community is hereby established. production.

Final disposition first. Competence title.

The present royal decree is dictated by the provisions of Article 149.1.13. and 16. of the Spanish Constitution, which gives the State exclusive competence in matters of, respectively, bases and coordination of the overall planning of economic activity, and general foundations and coordination of health.

Chapter III and the corresponding sanctioning regime, as well as the second transitional provision, which are issued under the provisions of Article 149.1.10. and 16. first indent of the Spanish Constitution, are excepted. on which exclusive competence in the field of external trade and health is attributed to the State.

Final disposition second. Amendment of Royal Decree 728/2007 of 13 June establishing and regulating the General Register of livestock movements and the General Register for the individual identification of animals.

Paragraph 3.b) of Annex VII to Royal Decree 728/2007 of 13 June establishing and regulating the general register of livestock movements and the general register of individual identification of animals is replaced by the following: the following:

"b) Expected departure date and time of departure, and expected date and time of arrival."

Final disposition third. Ability to modify.

The Minister of Agriculture and Fisheries, Food and the Environment is empowered to amend the annexes of this royal decree for adaptation to European Union or international regulations.

Final disposition fourth. Entry into force.

This royal decree will enter into force two months after its publication in the "Official Gazette of the State", except for Articles 17 and 18, which will enter into force the year of its publication.

Given in Madrid, on November 25, 2016.

FELIPE R.

The Minister of Agriculture and Fisheries, Food and Environment,

ISABEL GARCÍA TEJERINA

ANNEX I

Minimum requirements for training courses, in accordance with Article 11

A) Minimum content of the training courses for obtaining or renewing the certificate of competence as a driver or caregiver.

1. European Union legislation on the protection of animals during transport, in particular Articles 3 and 4 and Annexes I and II to Council Regulation (EC) No 1/2005 of 22 December 2004.

2. Regulations at national and regional level on the protection of animals during transport. Administrative documentation.

3. Animal physiology, food and water needs, animal behavior and stress concept.

4. Practical aspects of animal care and management.

5. Effects and effects of driving mode and practice on the welfare of animals.

6. Fitness for the transport of animals.

7. Emergency care for the animals.

8. Safety criteria for staff working with animals.

9. Road safety aspects relating to the transport of animals and action in the event of an accident.

10. Cleaning and disinfection of the means of transport and containers.

B) Minimum duration of twenty hours.

ANNEX II

Basic data to be included in the national database of carriers, means of transport and containers as set out in Article 13.1

A) Carrier of animals.

1. Live animal carrier authorization code.

2. NIF or NIE.

3. Name and surname or social reason.

4. Name, NIF or NIE of the representative if the carrier is a legal person.

5. Address of its registered office (address, postal code, municipality, province, autonomous community or cities of Ceuta or Melilla).

6. Telephone.

7. Authorization type: carrier of type 1 or type 2.

8. The final date of validity of the authorization.

9. Category of means of transport.

10. If applicable, type of suspension (total or partial).

11. If applicable, end date of suspension.

B) Means of transport.

1. Registration, or, in the absence of a frame number or code identifying individually to the means of transport, or IMO number in maritime transport.

2. Means of transport class.

3. Total payload surface, except for tractor heads and vehicles of less than 50 km.

4. Number of floors or number of decks, except for tractor heads and vehicles of less than 50 km.

5. Type of authorization: Up to 8 hours, more than 8 hours or up to 12 hours.

6. The final date of validity of the authorization.

7. Species for which it is authorized.

8. If applicable, type of suspension (total or partial).

9. If applicable, end date of suspension.

In the case of means of transport by sea, the following data shall also be included:

10. Name of the ship.

11. Authorization code or approval certificate number.

12. Flag.

C) Containers.

1. Registration. In your defect frame number or code that identifies the container individually.

2. Category: air, sea and river, by road, by rail.

3. Total payload surface.

4. Type of authorization: Up to 8 hours, more than 8 hours or up to 12 hours.

5. Species for which it is authorized.

6. The final date of validity of the authorization.

7. If applicable, type of suspension (total or partial).

8. If applicable, end date of suspension.