Home | Databases | WorldLII | Search | Feedback Maltese Laws

Animal Welfare Act (Act No. Xxv Of 2001) Carriage Of Livestock (Road Vehicle Standards For Journeys Exceeding Eight Hours) Regulations, 2003 (L.N. 262 Of 2003 )

ANIMAL WELFARE ACT (ACT NO. XXV OF 2001)Carriage of Livestock (Road Vehichle Standards for Journeys exceeding EightHours) Regulations, 2003

IN exercise of the powers conferred by article 22 the Animal Welfare Act, the

Minister for Rural Affairs and the Environment has made the following regulations:-

Vehichle Standards for Journeys exceeding Eight Hours) Regulations, 2003

(2) The scope of these regulations is to implement the provisions found under European Union Council Regulation 411/98/EC on additional animal protection standards applicable to road vehicles used for the carriage of livestock on journeys exceeding eight hours.

(3) Where the journey time of eight hours laid down in Chapter VII 48 (2) of the Annex to European Union Council Directive 91/628/EEC is exceeded, road vehicles used for the transportation of domestic solipeds and animals of the bovine, ovine, caprine and porcine species within trade between the territory of Malta and Trading Partners must comply with the additional requirements set out in the Schedule to these regulations.

(4) For the purpose of these regulations the word “trading partner” shall have the same meaning as provided in article 2 of the Veterinary Services Act and shall include Member States of the European Union.

2. (1) Subject to the provisions of these regulations and of the Animal Welfare Act, a person who infringes any of the provisions arising from these regulations, shall, on conviction, be liable to a fine (multa) of not less than five thousand liri (Lm5, 000) and not exceeding fifteen thousand liri (Lm15, 000).

(2) Without prejudice to the provisions of sub-regulation (1) of this regulation, the Court may also order any person who is found guilty of committing an offence under these regulations, to pay for the expenses incurred by the Veterinary Services as a result of the said offence, the revocation of the permit issued under these regulations and the confiscation, retention and disposal of the corpus delicti.

Without prejudice to the provisions of Chapter l, provision 2, of the Annex to European Union
Council Directive 91/628/EEC, animals must be provided with appropriate bedding material which –
(a) guarantees their comfort; the quantity may vary depending on
(i) the species and the number of the animals being transported, (ii) the journey time,
(iii) the weather;
(b) ensures adequate absorption and dispersal of animal urine and dung.

Where, because of the species and categories of animals being transported and the journey times set out in Chapter VII point 48 (4) of the Annex to European Union Council Directive 91/628/EEC, the animals must be fed during the journey, the following provisions apply -
(a) the vehicle used for the journey must carry a sufficient quantity of appropriate feedingstuff for the feeding requirements of the animals in question during the journey concerned;
(b) during the journey, the feedingstuffs must be protected from the weather and from contaminants such as, in particular, dust, fuel, exhaust gases and animal urine and dung;
(c) where specific equipment (troughs, receptacles or any other appropriate means of distributing feedingstuffs) must be used for the feeding of animals, that equipment must be transported in the vehicle, be disinfected after each journey;
(d) be so designed that it does not injure the animals and can, if necessary, be attached to a specific part of the vehicle to prevent its being overturned. When the vehicle is moving and when the equipment is not in use, it must be stored in a part of the vehicle separate from the animals.

Vehicles used for transport must be equipped so that at all times there can be direct access to all the animals being transported so that they can be inspected and given all appropriate care, including feeding and watering in particular.

The vehicle must be equipped with an adequate ventilation system to ensure that the welfare of the animals being transported is permanently guaranteed, taking into account in particular the following criteria –
(a) the planned journey and its duration,
(b) the design of the vehicle used (open or closed),
(c) the inside temperature and the outside temperature resulting from atmospheric conditions which may occur during the planned journey,
(d) the specific physiological needs of the various species transported,
(e) the loading densities provided for in Chapter VI of the Annex to European Union Council
Directive 91/628/EEC and the space available above the animals.
The system must also be designed in such a way that –
(f) it can be used at any time when the animals are in the vehicle whether it is stationary or moving,
(g) it ensures the efficient circulation of unpolluted air. To that end, operators must provide -
(h) either a forced ventilation system,
(i) or a ventilation system which ensures that a range of temperatures from 5 °C to 30 °C can be maintained within the vehicle for all animals, with a +5 °C tolerance depending on the outside temperature. This system must also be equipped with an appropriate monitoring device.
The possibility of choosing between these two systems shall not prejudice the principle of the free movement of the animals.

(a) The vehicle must be fitted with partitions so that separate compartments may be created. (b)The partitions must be constructed in such a way that they can be placed in different
positions so that the size of compartment can be adapted to specific requirements, and to the
type, size and number of animals.

(a) The vehicle must be equipped for connection to a water supply during stops.
(b) The vehicle must be equipped with fixed or movable devices appropriate to the different species, e. g. troughs, bowls or nipples, in order to water the animals on board the vehicle. Those devices must be so designed that the animals cannot injure themselves.
(c) Without prejudice to the provisions laid down in 6(a) and 6(b) above, vehicles transporting pigs must, depending on their capacity, the number of animals transported and the stops planned during the journey, be fitted with one or more water tanks of sufficient capacity so that the animals may drink at will during the journey. Such water tanks must be so designed that they can be drained and cleaned alter each journey and must be fitted with a system allowing their water level to be checked so that they can be refilled at any convenient moment during the journey. They must be connected to drinking devices within the compartments maintained in good working order so that pigs may have access to water at any time. In addition, a system such as spraying for hydrating pigs may be used in parallel with the above system.