Royal Decree 542/2016, Of 25 November On The Standards Of Health And Animal Protection During Transport.

Original Language Title: Real Decreto 542/2016, de 25 de noviembre, sobre normas de sanidad y protección animal durante el transporte.

Read the untranslated law here: https://www.global-regulation.com/law/spain/8204699/real-decreto-542-2016%252c-de-25-de-noviembre%252c-sobre-normas-de-sanidad-y-proteccin-animal-durante-el-transporte.html

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Regulation (EC) No. 1/2005, of the Council of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No. 1255/97, constitute the basic rule governing the EU animal welfare requirements which must be met when transported Live vertebrate animals in relation to one economic activity.

There is also to be considered that the Kingdom of Spain had signed and ratified the Convention for the protection of animals in international transport, held in Paris on December 13, 1968, and which would enter into force on February 3, 1975.

The Royal Decree 751/2006, of June 16, on authorization and registration of carriers and means of transport of animals and which creates the Spanish Committee for welfare and protection of farm animals, marked a first step in the application process and development in our legal system of the mentioned regulation.

Subsequent to both rules have been published others, which together with the experience acquired in the application of the above, make necessary a revision of what is established in the Royal Decree 751/2006, of June 16.

Thus, the enactment of law 32/2007 of 7 November, for the care of animals in its exploitation, transport, experimentation and sacrifice has meant a substantial legal changes that, among other things, has established an own penalties in the matter. In addition, article 8 of that law has that animals, vehicles, containers or means of transport, carriers must have the appropriate authorization and be registered, on terms to be determined by regulation.

This obligation exists alongside the established in law 8/2003, of 24 April, animal health, which establishes, in its article 47, that the means of transport of animals (except domestic animals) and the utilities should be allowed as a prerequisite for the exercise of their activity.

In the field of animal health, the directive 2006/88/EC of the Council of 24 October 2006 on animal health requirements for animals and the products of aquaculture and to the prevention and control of certain diseases in aquatic animals, was transposed by means of the Royal Decree 1614 / 2008, of 3 October, the animals and the products of aquaculture animal health requirements concerning , as well as to the prevention and control of certain diseases in aquatic animals. At the time of publication of this Royal Decree, it was considered more practical to amend Royal Decree 751/2006, of June 16, to include all matters relating to the transportation of these animals in this Royal Decree.

Proceeds, therefore, the regulatory development of forecasts cited policy jointly, in order to facilitate their implementation and control. In accordance with the provisions of law 20/2013, of 9 December, guarantee of the unity of market, the authorizations granted by the authority of origin, that is, by the competent authority of the territory where the carrier is legally established and in which access to the economic activity of the transport of animals, and pursuit they have validity and effectiveness throughout the national territory.

Also, 2007 was published in the Royal Decree 728/2007, 13 of June, by which establishes and regulates the general register of livestock movements and the general register of individual identification of animals, which establishes the obligation of a document of transfer for each movement, making it redundant to regulation making the activity log by the mentioned Royal Decree 751/2006 , 16 June. It should therefore be amended provisions in this regard, ensuring that it complies with the provisions in Regulation (EC) No. 1/2005, of 22 December concerning the information that must accompany the animals.

The aforementioned Royal Decree 751/2006 has been modified three times, and proceed to a fourth modification could be confusing to operators and citizens in general, by which for the sake of clarity and legal certainty should be repealed it and approve a new Royal Decree.

On the other hand, it is necessary to designate the points of entry by which may authorize the entry of vehicles for road transport of animals and animal feed coming from third countries, because its endowment of personal inspector as well as the presence of some adequate facilities for cleaning and disinfecting vehicles, being prohibited the entry by other non-designated ports loaded or empty. In this way, with the presence of facilities for cleaning and disinfecting in the ports, is may decrease the risk of transmission through transportation vehicles of the foot and mouth disease or other diseases that may appear or reappear in North Africa and that reach Spain, would have very significant economic impact on the agri-food sector.

The provisions included in this Royal Decree are exclusively concerning welfare and animal health, without prejudice to other provisions laid down in the legislation in force.

This Royal Decree is run at development of the sixth final provision of law 32/2007, on 7 November, for the care of animals in its exploitation, transport, experimentation and sacrifice, and of the fifth final provision of the law 8/2003 of 24 April, animal health.

Given the character sharply technician of this provision, is considered adjusted its adoption by Royal Decree. In its elaboration has been consulted to the autonomous communities, as well as to the sectors concerned.

By 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 administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of November 25, 2016, available: chapter I General provisions article 1. Object.

This Royal Decree is intended to: 1. establish rules for the application in the Kingdom of Spain to Regulation (EC) No. 1/2005, of the Council of 22 December 2004 on the protection of the animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No. 1255/97 in relation to (: a) authorization and registration of transporters.

(b) authorization and registration of means of transport and containers.

(c) transport documents.

(d) training of staff.


(e) obligations of transporters and other operators on the protection of animals during transport and related operations.

2 designate the points of entry through which vehicles may be introduced by road of animals of the species equine, swine, bovine, ovine and caprine animals, loaded or empty, as well as road transport of feed, loaded or empty, vehicles from certain third countries.

3. establish rules for the application of the law 8/2003, of April 24, animal health, with regard to the transport of animals.

Article 2. Scope of application.

1. this Royal Decree shall apply to the transport of live animals and other operators, are individuals or legal entities, involved directly or indirectly in the transport of animals in relation to an economic activity. It shall also apply to the means of transport, containers and for provisions in article 15, to facilities and establishments.

2 this Royal Decree shall not be of application to: to) carriers, means of transport and containers of domestic animals, as defined in section 3.4 of law 8/2003, of April 24, provided that transportation is not made in relation to an economic activity.

(b) carriers, means of transport and containers of invertebrate animals, except the honey bee (Apis mellifera) and bumble bees (Bompus spp.), governed by the provisions of article 5.7 of the present Royal Decree, and invertebrates which aquaculture animals are.

(c) to the transport of animals or from queries or veterinary clinics, by advice of a veterinarian.

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

3 only shall apply the authorizations provided for in articles 5 and 6, in accordance with the provisions of article 47 of law 8/2003, of April 24, the following movements: a) the transport of animals carried out by farmers using agricultural vehicles or means of transport belonging to them in cases where the geographical circumstances require a transport for transhumance seasonal of certain types of animals.

(b) to transport farmers of their own animals, made by its own means of transport, at a distance of less than 50 km exploitation.

(c) to the transport of pets, as defined in article 3(3) of the Act 8/2003, of April 24, when the transport is not made in relation to an economic activity.

Article 3. Definitions.

1. for the purposes of this Royal Decree shall apply the definitions laid down in law 32/2007 of 7 November for the care of animals in its exploitation, transport, experimentation and sacrifice, in Regulation (EC) No. 1/2005, of the Council, of 22 December 2004, and in article 3 of the law 8/2003 of 24 April.

2 also means as: a) carrier: any natural or legal person transporting animals in relation to an economic activity, for its own account or for the account of a third party.

(b) means of transport: road vehicles or railway, ships and aircraft used for the transport of animals.

(c) container: all crate, box, receptacle or other rigid structure used for the transport of animals, which is not a means of transport.

(d) organizing: 1 a carrier who outsource a part of the trip to, at least, another carrier or otherwise, 2nd a physical or legal person that hires for the realization of a trip more than one carrier either, 3rd person that signed the first section of the notebook log or road map.

(e) notebook onboard or waybill: document to which refers article 5.4 and annex II of Regulation (EC) No. 1/2005, of the Council of 22 December 2004, and that it must be accompanied in all long journeys, both those who made between States members, such as those with origin or destination in third countries and that transported horses - who are not registered equidae - or animals bovine ovine, caprine or porcine.

Chapter II rules of health and animal welfare in transport article 4. Obligations of carriers.

Any carrier whose registered office is situated in Spain you must meet the following requirements: to) be authorised and registered for this purpose by the competent authority, in accordance with article 5.

(b) using means of transport and containers which have been approved and registered in accordance with article 6.

(c) ensure that transported animals are fit for transport, in accordance with the regulations, without prejudice to the responsibility of the operator that provides animals for transportation.

(d) ensure that the animals are accompanied by the documents referred to in article 9 and keep the recording of activity in accordance with article 10.

(e) ensure that drivers or caretakers of animals have the training or attestation of competence, as established in Regulation (EC) No. 1/2005, of the Council, of 22 December 2004, and in article 11 of this Royal Decree.

Article 5. Authorization of carriers.

1. the carrier shall be authorized by the competent authority of the territorial area in which access the transport activity, and pursuit, pursuant to articles 10 and 11 of Regulation (EC) No. 1/2005, of the Council, of 22 December 2004, and in accordance with article 47 of the law 8/2003 of 24 April. The authorization issued by the competent authority shall remain valid throughout the national territory.

In the case of carriers established in a non-member country of the European Union, and who wish to request an authorization, in Spain must be established in the national territory, unless they appoint a legal representative credited, established in Spain, who assumes his duties and responsibilities.

2 without prejudice to the additional requirements which could establish the competent authority, the applicant must demonstrate through the presentation of a responsible statement, the following requirements: a) not be authorized, or have requested authorization to other authorities in Spain or in other States members of the European Union, b) not having been sanctioned firm in the last three years for having seriously infringed national or community of animal protection legislation.


3. the authorization shall be issued in accordance with the models set out in annex III to Regulation (EC) No. 1/2005 of 22 December 2004 Council. It is complete in all fields, including foreign identification number or tax identification number.

4 the authorization may be: to) type 1, valid only for trips whose duration does not exceed 8 hours, complying with the provisions of article 10 and chapter I of the annex III of the regulation 1/2005, of the Council of 22 December.

(b) of type 2, valid for all travel, complying with the provisions of 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 the other official languages, authorizations shall be issued, at least in Spanish and English.

6 the competent authority shall allot the carrier, according to the register referred to in article 12, an authorization code of carrier of animals whose structure will be as follows: to) AT: fixed acronym meaning «Authorization carrier animals».

(b) ES: Spain identifies.

(c) eleven digits that identify the carrier's unique in all the national territory.

7. the competent authority may establish a simplified regime of authorisation in the case of the transfer of up to 15 hives or transhumance of these.

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

1. the means of transport, including heads tractor if the trip is longer than 8 hours, and containers, must be authorized by the competent authority of the territorial area in which access the transport activity, for which the carrier shall submit an application to this in the form in which the competent authority determined. The authorization issued by the competent authority shall remain valid throughout the national territory.

2. the means of transport and containers will be identified by its number of registration or VIN there is no tuition. If the frame does not identify uniquely to the means of transport or the container, will be identified with the authorization code of the responsible carrier, to which will be added to the end a sequential three-digit code.

3 the authorization of the means of transport and containers shall be: a) for trips of up to eight hours, b) for more than eight hours, c) for trips of up to twelve hours in the cases regulated in article 8.1 of this Royal Decree.

It may use the model included in annex III, chapter IV of Regulation (EC) No. 1/2005, of the Council of 22 December 2004, to the means of transport authorised for travel of less than eight hours and up to twelve hours, always specified clearly in the document the scope of the authorization.

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

5. carriers requesting approval of a vessel intended for the carriage of livestock, must submit an application in writing at least 15 days before the date scheduled for inspection. They must also spend at least four business days between the day of the inspection and the proposed for cargo operations.

Article 7. Validity of the authorizations.

1. without prejudice to the provisions in the rules of the European Union, the duration of authorisations laid down in articles 5 and 6 shall be a maximum of five years from the date of issue. Its validity is conditional on the maintenance of the conditions required for its granting.

2. the competent authority, in the case of the Commission of two or more offenses at least qualified serious animal welfare regulations over a period of two years, may declare the suspension or the immediate withdrawal of the authorization and the practice of whatever 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 this purpose. When the sanctioning jurisdiction corresponds to the General Administration of the State, shall be imposed the suspension for two years or the withdrawal of approval.

Article 8. Application of the exceptions laid down in Community legislation.

1 application of provisions in article 18.4 of the Regulation (EC) No. 1/2005, of the Council of 22 December 2004, the carriers whose authorization is of type 2 and made a road trip not to exceed 12 hours to reach their final destination, including loading and unloading, it shall be exempted from: to) use means of transport which do not comply with the provisions laid down in paragraphs 3 4, 5, 7 and 8 point 1 or in paragraphs 2, 3 and 4 of Chapter VI of annex I to Regulation (EC) No. 1/2005 of 22 December 2004 Council.

(b) use means of transport for pigs that do not have water continuously during the trip. However, if you have it, it should be used.

2. the sea containers that are only used on ships that supply them with water from its own tanks are exempt from compliance with section 2.3 of the cited chapter, subject to the provisions of section 2.4 of Chapter VI of annex I to Regulation (EC) No. 1/2005, of the Council of 22 December 2004.

Article 9. Documents of the transport of animals.

1 the following documents must accompany the transported animals and be made available to the competent authorities and the bodies and security forces: to) the authentic or authenticated copy of the authorisation of the carrier which referred to in article 5 of the present Royal Decree, either the original of the same.

(b) the original of the authorization of the means of transport or its authentic or authenticated copy.

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

(d) the transfer of the animals health documentation.


(e) the document's motion, as set out in article 6 and annex VII of Royal Decree 728/2007 of 7 June, by which establishes and regulates the general movements of cattle register and the general registry of identifying individual animals or moving card horse sickness, in accordance with Royal Decree 577/2014, 4 July which regulates equine movement card.

(f) the certificate or heel of disinfection of the container or means of transport. This requirement will not be mandatory in the case of transport of bees for honey and bumble bees, in accordance with article 49.1 of the Act 8/2003, of 24 April, animal health.

(g) documentation on identification of animals, established in the sectoral legislation.

2 the information contained in paragraphs 1.c), 1.d) and 1.e) may be established by a single document.

3 also, when it is payable will be: to) the original, authentic or authenticated copy of the certificate of competence of the caregiver, in accordance with article 11 of this Royal Decree.

(b) the notebook on board or roadmap, completed in the cases provided for in Regulation (EC) No. 1/2005, of the Council of 22 December 2004.

(c) in the transport of aquaculture animals: 1 a registration of the death, to the extent possible, depending on the means of transport and the species transported.

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

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

Article 10. Activity log.

The activity log, established in article 48 of the law 8/2003, of 23 April, will consist of the file, for each means of transport or container, documentation and information relating to each movement, in accordance with article 9, in support paper or computer, sorted chronologically.

This file should be kept at the registered office of the carrier and at the disposal of the competent authority, for a minimum period of three years.

For species not included in the general register of movements of livestock laid down in Royal Decree 728/2007, of 7 June, the carrier shall be responsible for the compliance with provisions in article 9.1 c) of this Royal Decree. The competent authority may establish the format for the record of the information that must accompany the animals in these cases.

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

1. the people who handle vertebrate animals during transportation and operations related in relation to economic activity, including staff of concentration authorised in accordance with the EU veterinary legislation, must have received training that includes the provisions of annexes I and II of the regulation, in accordance with article 6(4) of Regulation (EC) No. 1/2005 of the Council , of 22 December 2004. Such training will be documented in accordance with the determined by the competent authority.

2 conductors or caregivers in a road vehicle intended for the transport of equidae, bovine animals, sheep, goats, pigs and poultry will have a competency certificate issued by the competent authority, in accordance with the model set out in annex III, chapter III of Regulation (EC) No. 1/2005, of the Council of 22 December 2004 which will include the number of tax identification, passport or ID number abroad of the person to which it is granted.

3 training courses aimed at the issuance of the certificate of competence, shall comply with the minimum requirements set out in annex I of the present Royal Decree. Teaching the courses of the final examination may be carried out by the competent authority, or be recognized, approved or authorized by it to other public or private entities. The competent authority shall ensure independence and absence of conflict of interests of the examiners. Approvals, honors, or authorizations to private entities carried out by the competent authority shall have effect throughout the national territory.

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

5. the recognition of the jurisdiction of a competent authority shall have effect throughout the national territory.

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

The competent authorities shall entered in a register to transporters of live animals authorized, as set out 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 environment will maintain a computerised database containing the information, provided by the competent authorities, for purposes of coordination, provisions of annex II.

2 that database will be managed by DG productions and agricultural markets of the Ministry of agriculture and fisheries, food and environment 3. The competent authorities, the autonomous body Central Jefatura de tráfico, organs or bodies of the Ministry of development in the field of merchant shipping and civil aviation, and bodies and security forces will have access to it.

4. the Ministry of agriculture and fisheries, food and environment will establish, in collaboration with the competent authorities, the necessary technical protocols that allow to keep the database up-to-date.

5. registered natural persons may exercise their rights of access, opposition, rectification and cancellation to the competent authorities, with respect to the annotations of the corresponding record in the terms provided in the organic law 15/1999, of 13 December, of protection of data of a Personal nature.

Article 14. Other obligations.

1 without prejudice to the other obligations laid down in the regulations in force, the organizers, defined in article 3.2 d) of the present Royal Decree, will be responsible for the following: to) comply with the obligations set out in paragraphs 3 and 4 of article 5 of Regulation (EC) No. 1/2005, of the Council of 22 December 2004.


(b) fulfil the obligations related to notebook on board, where this is required. In particular, proper planning of the journey, of compliance with the provisions of paragraphs 1 and 3 of annex II of Regulation (EC) No. 1/2005, of the Council of 22 December 2004, and, secondarily, of the return by the carrier, in time, a copy to the competent authority of the place of departure.

(c) use a single notebook onboard. In the case of travel where loaded or unloaded animals in different places, so many sections 2, 3 and 5 will be used as necessary.

2 without prejudice to the other obligations laid down in the regulations in force, carriers will have the following obligations: to) be liable, in the case of transport where the notebook on board, returning a copy of this document within the period of one month from the end of the trip to the competent authority of the place of departure is obligatory as well as the firm and correct and accurate filling in its section 4.

(b) in vessels of ro-ro ferries, answer subsidiarily the compliance by the captain of the ship of its obligations in accordance with Regulation (EC) No. 1/2005 of 22 December 2004 Council.

(c) contingency plans should include the necessary to ensure the welfare of the animals before any unforeseen in the course of this. In particular, when you immobilize a vehicle will have enough to not leave it abandoned at the place of detention with the animals inside. In case of failure to do so, the competent authority must take measures necessary, impacting the costs of these in the proper.

3 without prejudice to the other obligations provided for in the regulations in force, in the case of transport by sea captain: to) make sure to be carried on board the documents referred to in article 9.

(b) there will be a plan of cleaning and disinfection of the facilities dedicated to animals. Prior to shipment of the animals will ensure that these facilities have been previously cleaned and disinfected according to the plan.

(c) in the case of ro-ro vessels, shall comply with the provisions of point 3 chapter II of annex I to Regulation (EC) No. 1/2005, of the Council of 22 December 2004.

Article 15. Conditions of operators that provide services at ports and airports.

1 the operators of ports and airports, including ground-handling services at airports, authorized for the handling of animals, and under the supervision and control of the official veterinary services competent, must have: to) personnel training established in article 11.

(b) premises and facilities that enable compliance with applicable requirements of animal welfare according to the type of animals that manage or host.

(c) a contingency plan to deal with emergencies that might occur. This plan will include, as a minimum, the measures to take in case of detecting non-fit, dead animals or when accidentally could escape animals during loading and unloading operations.

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

2. in the case of air transport, animals shall be carried in containers, enclosures or compartments tailored to their species which comply with the standards of the Association of international air transport (IATA) concerning live animals, and in any case, may only be transported in conditions that allow to maintain during the entire trip the quality of the air, the temperature and pressure at the levels appropriate for each species.

Chapter III points of entry and exit article 16. Points of departure of the European Union.

1. the equidae, bovine animals, sheep, goats and pigs, to be exported to countries not members of the European Union, must out ports or airports approved as departure points by the direction General of health of the production Agraria of the Ministry of agriculture and fisheries, food and environment, except for the ports approved as border inspection post where the animals on ro-ro vessels are exported. Such points of departure must be regarded as customs subplace or have been previously enabled by the customs authority for the output of goods destined for third countries. For this purpose, they shall comply with the requirements in the field of animal welfare, which may be consulted at the web site of the Ministry of agriculture and fisheries, food and environment, on the livestock trade link.

2. the port authorities, through the State ports, as well as the holders of the airports concerned, must submit an application to the direction General of health of the production Agraria of the Ministry of agriculture and fisheries, food and environment, which will be responsible for resolving. The General Sub-Directorate of health agreements and border Control will be responsible for instructing the procedure. The application shall be filed, by electronic means, through any media and records provided for in article 16 of the law 39/2015, on 1 October, of the common administrative procedure of the public administrations, and shall be accompanied by the documentation with the project certifying compliance with the requirements, understanding as regards facilities the contingency plan, and the cleaning and disinfection presented by operators.

Applications may be submitted, also electronically through the electronic site of the web page of the Ministry of agriculture and fisheries, food and environment (www.mapama.gob.es).

In the handling of procedures derived from these requests they will issue their reports the Ministry of development and the Ministry of the Presidency and for territorial administrations. These reports should be unfavourable to the estimation of the application, shall be binding.

The deadline to enact and notify the corresponding resolution shall be six months from the entry of the application in the register of the Ministry of agriculture and fisheries, food and environment. Expiry of that period without having notified the final resolution to those interested, these will understand dear your request.


Against the decision handed down by the Director General of health of the agricultural production, which will not exhaust administrative remedies, will fit appeal to the Secretary General of agriculture and food, on the terms and time limits provided for in articles 121 and 122 of the law 39/2015, on 1 October.

3. in these points of departure are taken precautions to ensure that animal welfare conditions are maintained, and steps will be taken to give priority to the transport of animals and prevent or minimize any delay or animal suffering. Operations can be supervised by an official veterinarian of the post output.

4. in cases of export of animals to third countries, is considered to be the exporter of the animals the organizer of the trip.

Article 17. Designated entry points of road transport vehicles.

1. vehicles for road transport of live animals of the species equine, swine, bovine, ovine and caprine, loaded or empty, as well as vehicles for road transport of feed, loaded or empty, from third countries only may enter the territory of Spain through a point of entry designated by the direction General of health of the agricultural production which has the status of customs subplace or place approved by the Customs authorities to the entry of goods from third countries. The list of authorized entry points will be public via the website of the Ministry of agriculture and fisheries, food and environment, in the section on livestock trade.

2. only those ports that have facilities for cleaning and disinfecting that comply with articles 3.3, 3.4, 4, and 5 of the Royal Decree 1559 shall be designated / 2005 of 23 December, on basic conditions which must comply with the centers of cleaning and disinfection of vehicles dedicated to the transport by road in the livestock sector.

Article 18. Prohibition of entry of vehicles.

The entrance of vehicles for road transport of live animals of the species equine, swine, bovine, ovine and caprine animals, loaded or empty, as well as road transport of feed, loaded or empty, vehicles from third countries, is prohibited by any port not designated entry point.

Chapter IV checks and penalties article 19. Inspections and controls.

1. controls on the implementation of Regulation (EC) No. 1/2005, of the Council, of 22 December 2004, and of the provisions of this Royal Decree, will be framed within the National Plan for official Control of the food chain, in accordance with article 41 of Regulation (EC) No. 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with the legislation in the field of feed and food and the legislation on animal health and welfare of the animals 2. The competent authorities shall forward annually to the Ministry of agriculture and fisheries, food and environment, in the format established in the regulations of the European Union, 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 will make all necessary measures to vehicle inspections are carried out in the shortest possible time.

Article 20. Coordination and duty information.

1. the Ministry of agriculture and fisheries, food and environment is the point of contact for the purposes of articles 24.2, 26.7 and 27.2 and of Regulation (EC) No. 1/2005, of the Council of 22 December 2004.

2. the autonomous communities and the cities of Ceuta and Melilla shall provide a point of contact for the purposes of the enforcement of the provisions of this Royal Decree and in Regulation (EC) No. 1/2005, of the Council of 22 December 2004, which communicated to the Ministry of agriculture and fisheries, food and 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. The European Commission checks.

1. the competent authorities shall give the experts from the European Commission all the help and assistance that they need to carry out the checks provided for in article 28 of Regulation (EC) No. 1/2005, of the Council of 22 December 2004. In these controls, the representatives of the Ministry of agriculture and fisheries, food and environment may accompany experts from 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 environment shall establish appropriate mechanisms of coordination and collaboration of the actions related to the implementation and results of these controls.

3. the competent authorities shall take appropriate measures to take into account the results of controls and inspections.

Article 22. Sanctioning regime.

1. in the event of failure to comply with the provisions of this Royal Decree shall apply the system of offences and penalties established in the law 32/2007 of 7 November, or in law 8/2003, of April 24, without prejudice to other State or autonomic legislation applicable, and possible criminal, civil liability or other that can attend.

2. in the case of offences committed in the course of transport, the sanctioning jurisdiction will correspond to the competent body of the autonomous community in whose territory the acts take place subject to control and establishing administrative breach, without prejudice to the competence of the competent authority which authorised the carrier with regard to the suspension and withdrawal of authorisation and should be provide the competent authorities the necessary collaboration and exchange of documentation and information. The competent authority which instituted disciplinary record to a carrier or another autonomous community competition Organizer, held official communication to the latter, when the sanction is robust administrative.

3. in the case of offences committed in relation to the transport of unfit animals, the liability may be supportive of the carrier with the owner of the holding where the animals are loaded.

Sole additional provision. Containment of public spending.


The measures included in this standard may not assume increased allowance or remuneration of other staff costs.

First transitional provision. Data and existing authorizations.

1 will be integrated in the registers of the competent authorities the data if any come from among those already registered in the database established by Royal Decree 751/2006, of June 16, authorization and registration of carriers and means of transport of animals and the Spanish Committee for welfare and protection of farm animals is created whereby.

2. the provisions of this Royal Decree shall not affect the validity of the authorizations issued in the scope of the Royal Decree 751/2006, of June 16, notwithstanding their suspension or withdrawal on the grounds and procedures.

Second transitional provision. Points of departure.

Ports or airports authorized by the direction General of health of the production Agraria of the Ministry of agriculture and fisheries, food and environment as exit points at the time of the entry into force of this Royal Decree, will maintain its authorization.

Sole repeal provision. Repeal legislation.

The Royal Decree 751/2006, of June 16, on authorization and registration of carriers and means of transport of animals shall be repealed and which creates the Spanish Committee for welfare and protection of farm animals.

First final provision. Skill-related title.

The present Royal Decree is issued under cover of the provisions of article 149.1.13. 2nd and 16th of the Spanish Constitution, which is attributed to state the exclusive competence regarding, respectively, bases and coordination of general economic activity, and bases planning and overall coordination of the health.

He is excepted to chapter III and the corresponding penalties, as well as the second transitional provision, dictating to the protection of the provisions of article 149.1.10. 2nd and 16th, first subparagraph, of the Spanish Constitution, which is attributed to state the exclusive competence in foreign trade and health.

Second final provision. Modification of Royal Decree 728/2007 of 13 June, by which establishes and regulates the general register of livestock movements and the general register of individual identification of animals.

Paragraph 3.b) annex VII of Royal Decree 728/2007 of 13 June, by which establishes and regulates the general register of livestock movements and the general register of individual identification of animals, is replaced by the following: 'b) date of departure and expected arrival time departure, and date and time.'

Third final provision. Faculty of modification.

It empowers the Minister of agriculture and fisheries, food and environment to amend annexes of this Royal Decree for its adaptation to the rules of the European Union or international.

Fourth final provision. Entry into force.

This Royal Decree shall enter into force two months after its publication in the «Official Gazette», unless articles 17 and 18, which will enter into force in the year of its publication.

Given in Madrid, 25 November 2016.

PHILIP R.

Minister of agriculture and fisheries, food and environment, ISABEL GARCÍA TEJERINA annex I requirements minimum of training, in accordance with article 11 A) minimum content of training courses for obtaining or renewal of the certificate of competency as a driver or caretaker.

1 rules of the European Union in the field of protection of animals during transport, in particular articles 3 and 4 and annexes I and II to Regulation (EC) No. 1/2005, of the Council of 22 December 2004.

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

3. Physiology of animals, food and water, animal behavior and concept of stress needs.

4. practical aspects of the care and handling of animals.

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

6. fitness for the carriage of animals.

7 emergency care to the animals.

8. criteria of security for staff who work with animals.

9. road safety aspects related to the transport of animals, and action in case of accident.

10. cleaning and disinfection of means of transport and containers.

(B) minimum duration of 20 hours.

Annex II basic data to be included in the national data base of carriers, means of transport and containers as set out in article 13(1) A) carrier animals.

1. code of authorization of carrier of live animals.

2 NIF or NIE.

3. name and surname or company name.

4 name and surname, 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 region or cities of Ceuta or Melilla).

6. phone.

7. authorization type: carrier type 1 or type 2.

8. final date of validity of the authorisation.

9. category of means of transport.

10. if applicable, type (full or partial) suspension.

11. if applicable, date end of the suspension.

(B) means of transport.

1. registration, or, in your frame or number code to individually identify the means of transport, or IMO number on shipping.

2. means of transport class.

3. total useful load area, except on the heads tractors and vehicles of less than 50 km.

4 number of floors or roofs No., except on the heads tractors and vehicles of less than 50 km.

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

6. final date of validity of the authorisation.

7. species for which it is authorized.

8. if applicable, type (full or partial) suspension.

9. if applicable, date end of the suspension.

In the case of means of transport by sea, also the following data shall be included: 10. Name of the ship.

11. the authorization code or number of the certificate of approval.

12 flag.

(C) containers.

1 registration. In its default number of casting or code that individually identifies the container.

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

3. total useful load surface.

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

5. species for which it is authorized.

6. final date of validity of the authorisation.

7. if applicable, type (full or partial) suspension.

8. if applicable, date end of the suspension.

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