Document type : Answer from the European Commission
Authors: Question: Peter Lundgren (ECR). Answer: Ms Vălean on behalf of the European Commission.
Question: Extended derogations from driving and rest-time rules in animal transport
Animal transport differs from other forms of road transport in that the animals cannot be left unattended while in transit. At the same time, drivers must take breaks in line with the rules on driving and rest times. During breaks, drivers should have free use of their time, and therefore they should reasonably be able to leave the vehicle in order to go and eat a meal. But this is against the rules. Another example is transport during heatwaves, when ventilation systems cannot keep the temperature down when the vehicles concerned are stationary and fully loaded with pigs. In this case drivers are forced to break driving and rest-period rules to prevent animals from dying in transit. A number of regulations contain provisions that affect the possibility to transport animals legally in view of the driving times involved. One example is Sweden’s road transport working time act, which requires animals to be checked every other hour while in transit, up to a maximum transport time of eight hours. This makes it very difficult to transport animals legally around Sweden.
What does the Commission think about introducing a derogation from the driving and rest-time rules for animal transport laid down in Regulation (EC) No 561/2006/EC?
Transport of live animals is indeed a complex multidimensional issue, which cannot result in either decreasing drivers’ social protection rights, or animal welfare. The Commission considers that transport undertakings have adequate legal framework to ensure both the protection of drivers’ rights to sufficient breaks and rest periods and the protection of animal welfare.
Regulation (EC) No 561/2006 sets the rules on driving times and rest periods of drivers. Article 13.1 allows Member States to grant national exceptions from the application of some of the regulation’s provisions provided that the primary objectives of ensuring adequate working conditions for drivers and of road safety are not put at risk.
Specifically, Article 13(1)(b) allows to grant an exception to drivers engaged in the carriage of goods as part of entrepreneurial activity of agricultural, horticultural, forestry or fishery undertaking. Under Article 13(1)(p) Member States may grant an exception for the vehicles used for the carriage of live animals from farms to locals markets and vice versa or from markets to local slaughterhouses. In both cases, the distance travelled is limited to 100 km radius.
Council Regulation EC No 1/2005 sets out provisions on the protection of animals during transport. An attendant holding a certificate of competence shall accompany animals during transport, except where the driver performs the functions of an attendant.
