The Myth of Enforcement

Transcription

1 The Myth of Enforcement of Reg. (EC) No. 1 / 2005 on the protection of animals during transport Christine Hafner, Alexander Rabitsch

2 Animals' Angels Animal protection organization (founded in Germany in 1998) specialized in farm-animal transport in Europe. Recognized non-profit association. Financed exclusively through donations, sponsorship contributions and legacies. Calls for the enforcement of existing animal protection laws. We are there with the animals The teams conduct on-the-spot investigations at slaughterhouses, ports, holding areas, border control points and animal markets. The teams are constantly on the road, following the transport lorries. The documented results of the missions reports, photographs and video footage are handed over to relevant authorities and used to lodge judicial complaints, make reports to the police or instigate further legal measures.

3 Reg (EC) 1/ 2005 Extremely complex Vast number of provisions and derogations concerning long distance transport Numerous vague and contradictory rules. Certain problems inherent in animal transport cannot be tackled by increased enforcement EU-wide checks for enforcement not practicable Due to lack of personnel, funding and infrastructure

4 The Transport Regulation unenforceable and unenforced TRANSPORTERS faced with insuperable difficulties MEMBER STATES proved incapable of enforcing the Regulation EU-COMMISSION proved incapable of remedying systematic non-compliance

5 The Transport Regulation unenforceable and unenforced 1. Watering of animals during transport unenforceable 2. LDT of unweaned animals unenforceable 3. Ventilation systems maintaining temperature range unenforced 4. Combined roll-on/roll-off transport unenforceable 5. Ceiling height unenforced 6. Transport of unbroken horses unenforced 7. Approval of realistic journey logs unenforced 8. Adequate vehicles unenforced 9. Loading densities small lambs, rabbits, pigs <100 kg unenforceable 10.Loading densities sheep, cattle, pigs 100 kg unenforced 11.Welfare in exports to Third Countries unenforced/unenforceable

6 The Transport Regulation unenforceable and unenforced 1. Watering of animals during transport unenforceable trucks are not equipped with a water system water system / pipes / drinking facilities broken frozen in winter out of reach number per compartment distribution per compartment position stocking density not adapted to the specific drinking behavior dirty with manure animals not familiarized

7 The Transport Regulation unenforceable and unenforced 2. LDT of unweaned animals unenforceable The vast majority = unable to properly use the drinking devices (metal bite nipples) Some animals do not drink at all Few animals drink too much water 2014: intra-eu 1.4 million unweaned calves not duly supplied with liquid feed Technically impossible to feed calves on board of the vehicle with milk or milk replacer (Project to develop Animal Welfare Risk Assessment Guidelines on Transport, EFSA Report to CFP/EFSA/AHAW/2008/02)

8 The Transport Regulation unenforceable and unenforced 4. Combined roll-on/roll-off transport unenforceable CURIA judgement to case C-277/06 allows for differing and conflicting interpretations allowing animals to stay aboard a lorry up to 57 hours

9 The Transport Regulation unenforceable and unenforced 7. Approval of realistic journey logs unenforced From FVO missions: approval of deficient journey logs by vet authorities : DG(SANCO) (Estonia) DG(SANCO) (Ireland) DG(SANCO) (Spain) DG(SANCO) (France) DG(SANCO) (Lithuania) DG(SANCO) (Belgium) DG(SANCO) (Romania) DG(SANCO) (Bulgaria) DG(SANCO) (Romania) DG(SANCO) (Latvia) DG(SANCO) (Spain) DG(SANCO) (Luxembourg) DG(SANCO) (Malta) DG(SANCO) (Poland) DG(SANCO) (Italy) DG(SANCO) (Romania) DG(SANCO) (Greece) DG(SANCO) (Hungary) DG(SANCO) (Italy) DG(SANCO) (Slovakia) DG(SANCO) (Romania) DG(SANCO) (Lithuania) DG(SANCO) (Latvia). After 2012 the issue of approval of journey logs was no more checked during the FVO missions.

10 The Transport Regulation unenforceable and unenforced 8. Adequate vehicles unenforced Lorries are built in series with equipment and features which are not appropriate to the animals transported. Unsuitable lorries pass through many states without comment because they are accompanied by a certificate of approval.

11 The Transport Regulation unenforceable and unenforced 8. Adequate vehicles unenforced From FVO missions: approval of inadequate vehicles by vet authorities : DG(SANCO) (Portugal) DG(SANCO) (France) DG(SANCO) (Romania) DG(SANCO) (Lithuania) DG(SANCO) (Sweden) DG(SANCO) (Belgium) DG(SANCO) (The Netherlands) DG(SANCO) (Bulgaria) DG(SANCO) (Belgium) DG(SANCO) (United Kingdom) DG(SANCO) (Hungary) DG(SANCO) (Latvia) DG(SANCO) (Portugal) DG(SANCO) (Spain) DG(SANCO) (Greece) DG(SANCO) (Bulgaria) DG(SANCO) (Slovakia) DG(SANCO) (Czech Republic) DG(SANCO) (Romania) DG(SANCO) (Poland) DG(SANCO) (France) DG(SANCO) (Bulgaria) After 2012 the issue of inadequate vehicles was no more checked during the FVO missions.

12 The Transport Regulation unenforceable and unenforced 9. Loading densities small lambs, rabbits, pigs <100kg or>100 kg unenforceable small lambs <26 kg: for small lambs, an area of under 0,2 m² per animal may be provided rabbits no space requirements Reg(EC)1/2005 regarding numbers: 1. ornamental fish, 2. poultry, 3. rabbits, 4. pigs, pigs space requirements Reg(EC)1/2005 only for 100 kg bodyweight: 235 kg/m² = 0,425 pigs/m²

13 The Transport Regulation unenforceable and unenforced 11.Welfare in exports to Third Countries unenforced/unenforceable CURIA judgement to case C-424/13 of Art 14 (1) Reg(EC)1/2005 LDT Domestic Livestock for a transport ( ) which commences on the territory of the European Union and continues outside that territory ( ) the organiser of the journey must submit a journey log which ( ) is realistic and indicates that the provisions of that regulation will be complied with, including for the stages of the journey which are to take place in the territory of third countries ( ). watering intervals feeding intervals duration of transport times duration of resting periods resting at staging points provisions for staging points (e.g. biosecurity) traffic law, weather condititions, street qualities, Reg(EC)561/2006 multimanning driving

14 The Transport Regulation unenforceable and unenforced 1. Watering of animals during transport unenforceable 2. LDT of unweaned animals unenforceable 3. Ventilation systems maintaining temperature range unenforced 4. Combined roll-on/roll-off transport unenforceable 5. Ceiling height unenforced 6. Transport of unbroken horses unenforced 7. Approval of realistic journey logs unenforced 8. Adequate vehicles unenforced 9. Loading densities small lambs, rabbits, pigs <100 kg unenforceable 10.Loading densities sheep, cattle, pigs 100 kg unenforced 11.Welfare in exports to Third Countries unenforced/unenforceable

15 1. Economic pressure TRANSPORTERS faced with insuperable difficulties 2. Incompatibility Reg(EC)1/2005 Reg(EC) 561/2006 driving times and rest periods for drivers transport and rest times for animals These provisions are hardly ever followed tt-vo_rabitschwessely_en_eurogroupforanimals pdf

16 1. TRANSPORTERS faced with insuperable difficulties 2. Incompatibility Reg(EC)1/2005 Reg(EC) 561/2006 driving times and rest periods for drivers transport and rest times for animals tt-vo_rabitschwessely_en_eurogroupforanimals pdf

17 TRANSPORTERS faced with insuperable difficulties 3. Sick animals on board not manageable no unloading facility, no vet reachable 3. Insufficient watering of animals during transport 4. Unavoidable delays further compromising animal protection

18 MEMBER STATES proved incapable of enforcing the Regulation 1. Lack of infrastructure for dealing with emergencies Art Emergency measures in the event of non-compliance by transporters Suitable facilities? Official veterinary service off duty

19 MEMBER STATES proved incapable of enforcing the Regulation 2.Lack of inspections As levels of roadside checks remain extremely low, it remains easy for the transporters to avoid being checked DG(SANCO) Official veterinarians had not received the relevant training and were therefore unable to perform tasks such as checking journey logs effectively DG(SANCO)

20 MEMBER STATES proved incapable of enforcing the Regulation 3.Inspection authorities unable to cope with complexity of the Regulation Contradictory requirements of Regulation e.g. Space requirements for horses Young horses (6 24 months) must be able to lie down during long journeys Individual stalls in which they are transported have a width of 60 cm e.g. Maximum transport times transport via assembly centres Transports via control posts = 24 hours breaks, transports via assembly centres = 6 hours breaks * Overview+ details of FAQ s + COM s answers available in DE at:

21 MEMBER STATES proved incapable of enforcing the Regulation 3.Inspection authorities unable to cope with complexity of the Regulation COM s interpretation* of FAQ s of Reg(EC)1/2005 is not legally binding! * Overview+ details of FAQ s + COM s answers available in DE at:

22 MEMBER STATES proved incapable of enforcing the Regulation 3.Inspection authorities unable to cope with complexity of the Regulation Imprecise rules sufficient Sufficient bedding Sufficient space Sufficient floor area Sufficient height Sufficient staff Sufficient bio-security Sufficient lighting Sufficient ventilation Sufficient receptacles Sufficient feed Sufficient water Sufficient rest period Appropriate bedding Appropriate comfort Appropriate staff Appropriate welfare conditions Appropriate equipment Appropriate operational procedures Appropriate checks Appropriate care Appropriate documentation Appropriate sanitary breaks Appropriate range of air quality Appropriate quantity appropriate Appropriate forced ventilation Appropriate air pressure Appropriate facilities Appropriate lighting Appropriate feed Appropriate water Appropriately designed watering devices Appropriate rest Appropriate Navigation System

23 MEMBER STATES proved incapable of enforcing the Regulation 3.Inspection authorities unable to cope with complexity of the Regulation Imprecise rules

24 MEMBER STATES proved incapable of enforcing the Regulation 4.Annual reports of MS s prove deficient enforcement 5.Weak sanctioning systems 6.Social legislation for drivers entirely ignored

25 MEMBER STATES proved incapable of enforcing the Regulation 4.Annual reports of MS s prove deficient enforcement

26 MEMBER STATES proved incapable of enforcing the Regulation 5.Weak sanctioning systems not effective not proportionate not dissuasive

27 MEMBER STATES proved incapable of enforcing the Regulation 1. Lack of infrastructure for dealing with emergencies 2. Lack of inspections 3. Inspection authorities unable to cope with complexity of Reg. 4. Annual reports of MS s prove deficient enforcement 5. Weak sanctioning systems 6. Social legislation for drivers entirely ignored 27

28 EU-COMMISSION proved incapable of remedying systematic non-compliance 1. FVO the EU Commission s inspection service Very low number of inspections on animal welfare From 2011 to 2015: In 1 mission/ms in 5y From 2015 Welfare in transport -missions = zero Only 5 inspectors for welfare -missions for whole Europe The same violations are repeatedly found Unsuitable lorries nevertheless approved and used for many years Lorries continue to be built in series with inappropriate equipment Unsuitable lorries pass through many states without comment because they are accompanied by a certificate of approval Animals too young, sick, injured or weak to be transported are nevertheless loaded systematically Often veterinarians certify the fitness for transport of unfit animals Journey logs with non-realistic transport times Transport times systematically exceeded / rest breaks systematically neglected and nobody is held responsible for ignoring the law

29 EU-COMMISSION proved incapable of remedying systematic non-compliance 1. FVO the EU Commission s inspection service Very low number of inspections on animal welfare BE BG FR IT The same violations are repeatedly found has taken no action to address the recommendations on checks at unloading from the last FVO report and is still not in compliance [DG(SANCO) ] Very little progress since the previous mission on the same subject + most of the commitments to correct deficiencies have not been implemented [DG(SANCO) ] Recommendations are outstanding and require urgent action + The system for approval of long distance means of transport is not effectively administered [DG(SANCO) ] The penalties for transport infringements were still not dissuasive [DG(SANCO) ] The transport of unfit animals is an enduring problem [DG(SANCO) ] Certain requirements for long-distance transport are still not adequately verified [DG(SANCO) ] Measures have not been sufficient to prevent unnecessary suffering + certificates for fitness for transport issued by private practitioners, where severe injuries, such as fractures of limbs, dislocations of joints or paralysis had been diagnosed [DG(SANCO) ] No enforcement action against private veterinarians who had signed certificates [DG(SANCO) ] nobody is held responsible for ignoring the law

30 EU-COMMISSION proved incapable of remedying systematic non-compliance 2.Lack of fundamental data necessary to assess (non)compliance and enforcement Reliable data? on the number of animals transported within the EU animals transported on long and short distance journeys inspected transports and irregular transports detected number of infringements on the type of detected infringement on animals arriving dead at slaughterhouses in the EU NO! nobody is held responsible for ignoring the law

31 EU-COMMISSION proved incapable of remedying systematic non-compliance 3.Available data not adequately used EFSA recommendations on request of the Commission Scientific Opinion Concerning the Welfare of Animals during Transport [EFSA Journal 2011; 9(1):1966] e.g. Transport time for slaughter horses should be shorter than provided in the Reg. Space allowances should be recalculated Internal height should be defined Poultry vehicles should be equipped with mechanical ventilation systems Poultry journey time should include loading and unloading Rabbit journey time should not exceed 7 hours nobody is held responsible for ignoring the law

32 EU-COMMISSION proved incapable of remedying systematic non-compliance 3.Available data not adequately used EFSA recommendations on request of the Commission Scientific Opinion Concerning the Welfare of Animals during Transport [EFSA Journal 2011; 9(1):1966] Due to Recital (11) the COM must timely update the provisions of Reg(EC)1/2005, if they appear no longer to ensure compliance with the principle that animals must not be transported in a way likely to cause injury or undue suffering to them. Due to Art. 30 the COM must make a proposal for adaption of Reg(EC)1/2005 to technological and scientific progress. nobody is held responsible for ignoring the law

33 EU-COMMISSION proved incapable of remedying systematic non-compliance 4.Lack of power to improve enforcement 5.Guidelines cannot substitute legislation COM prefers to adopt guides to good practices in order to close the gap between the current legislation and available scientific evidence nobody is held responsible for ignoring the law

34 EU-COMMISSION proved incapable of remedying systematic non-compliance The Transport Regulation unenforceable and unenforced TRANSPORTERS faced with insuperable difficulties MEMBER STATES proved incapable of enforcing the Regulation 34

35 CONCLUSION Under the current Regulation, it is impossible and it will remain impossible to improve enforcement to an extent that could guarantee an acceptable level of animal protection during transport. The EU Commission and its Member States should stop believing in and defending the Myth of Enforcement and start working on a new Regulation!. 35

36 Animals' Angels Rossertstraße 8 D Frankfurt a. Main Telefon +49 (0) Telefax +49 (0) kontakt@animals-angels.de animalwelfare@rabitsch-vet.at 36