The European Court of Justice has confirmed that European animal welfare regulations on live animal transport apply to the entire journey, including outside the European Union. In order to get export refunds on livestock, exporters are required to follow Regulation No. 1/2005, guaranteeing the protection of animals during transport and to minimize suffering and cruelty, until the first place of unloading in the third country of final destination. The court ruling was linked to an excruciating journey of animals from the Netherlands to Beirut and is not the first time that the European Court has issued a ruling which calls for the implementation of European law for live animal transport for animals sent beyond European borders.
"FOUR PAWS welcomes today’s Court decision, improving the welfare of millions of animals exported outside EU borders every year during their transport. This gives full effect to the previous case and it is absolutely normal that, in return for a reimbursement, the exporters should guarantee the highest welfare to the animals during their transport."
Pierre Sultana, Director of the FOUR PAWS European Policy Office
The livestock export company did not complete the journey log for the 13 days of transport to Beirut of 36 live bovines, of which 5 died. The journey log was only completed until the exit point of the EU. Nevertheless, the veterinarian in Beirut stated that the welfare of the bovines was good and the transport was carried out according to European regulations for animal welfare during transport.
Because of the incomplete journey log, the Dutch competent authority rejected the veterinarian’s statement and requested the reimbursement of the export refund with an additional 10 % penalty.
The Court was asked whether the transporter must keep the journey log up to date until the first place of unloading in the third country of final destination or whether it is sufficient that the journey log be handed over to the official veterinarian at the exit point of the Union. Without having access to such, a veterinarian in the third country cannot attest that the route plan records are in compliance with European regulations on animal transport and export refunds. The route plan records hold information on the duration of the journey and the resting times of the animals. The ruling states that the original journey log has to be completed until the exit point of the EU. A copy of the journey log has to be kept and completed until the first unloading point of the country of final destination. The Court based its decision on the effectiveness of animal welfare.
“Once again, the serious inconsistencies of regulation No. 1/2005 have been pointed out and we hope that the EU Commission will finally consider a revision, as required by the 'stop the trucks’ campaign”, concluded Pierre Sultana.
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FOUR PAWS is an international animal welfare organisation with headquarters in Vienna, Austria. Founded by Heli Dungler in 1988, the organisation strives to help animals in need with sustainable campaigns and projects. The work is based on substantiated research and scientific expertise as well as intensive national and international lobbying. FOUR PAWS focuses on animals that are directly under human influence: stray dogs and stray cats, farm animals, companion animals and wild animals including bears, big cats and orang-utans kept in inappropriate conditions. With offices in Australia, Austria, Belgium, Bulgaria, Germany, Hungary, Kosovo, Netherlands, South Africa, Switzerland, Thailand, Ukraine, United Kingdom, USA and Vietnam, FOUR PAWS aims to help animals in need directly and quickly. www.four-paws.org