Requirements for Ventilation Systems

Shortcomings of Council Regulation EC 1/2005 on the Protection of Animals during Transport and Related Operations

Requirements for Ventilation Systems on Vehicles used for Long Distance Transports of Live Animals

Published by Animals’ Angels e.V. Rossertstr. 8 D – 60323 Frankfurt info@animals-angels.de www.animals-angels.org

Requirements for Ventilation Systems on Vehicles used for Long Distance Transports of Live Animals

I.

Introduction Temperature is a decisive factor in animal transports. Thermal effects usually cause enormous stress to the animals and under extremes can result in mortality during transport. High temperatures cause dehydration, increased use of energy substrates, depletion of glycogen reserves, altered acid-base status and muscle damage. Extremely low temperatures have similar effects also causing increased use of energy substrates, depletion of glycogen reserves, muscle damage, fatigue and lethargy and poor bleed-out at slaughter. Like heat stress, stress from extremely cold temperatures can result in death. Therefore, Council 1 Regulation EC No. 1/2005 on the protection of animals during transport and related operations lays down a number of provisions in order to protect the animals from suffering under thermal effects. Apart from the general condition that “no person shall transport animals 2 in a way likely to cause undue suffering to them” , organizers of animal transports have to 3 ensure that the meteorological conditions are taken into account when planning a journey ; during transport animals must be protected from inclement weather, extreme temperatures 4 and adverse changes in climatic conditions and the Regulation requires that loading 5 densities for the different species shall be adapted to the meteorological conditions .

For long journeys (exceeding eight hours), the Regulation stipulates that the means of transport used for these journeys must be equipped with a ventilation system capable of 6 maintaining the temperature within certain limits . In practice, the latter provision is meaningless since the ventilation systems commonly used in long-distance transport vehicles are not capable of keeping the temperature within certain limits. Furthermore, the maximum temperature limits set out by the Regulation are not suitable in order to safeguard an acceptable level of animal protection. In the main, the present report deals with the commonly ignored problem of the mismatch between the legal requirements of the Regulation and common technical equipment of the means of transport authorized and used for long distance transports of live animals. It only deals marginally with the severe problem of the inadequacy of the temperature limits set out by the Regulation since there are numerous scientific papers 7 dealing with this problem .

II.

Legal requirements for ventilation systems on vehicles used for long distance transports of live animals The Regulation stipulates in its Annex I Chapter VI point 3.1.: “Ventilation systems on means of transport by road shall be designed, constructed and maintained in such a way that, at any time during the journey, whether the means of transport is stationary or moving, they are capable of maintaining a range of temperature from 5°C to 30°C within the means of transport, for all animals , with a +/- 5°C tolerance, depending on the outside temperature.”

Annex I Chapter VI point 3.3. and 3.4. reads:

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Hereafter referred to as “the Regulation” Article 3 of Council Regulation EC 1/2005 3 Article 5 (3) a of Council Regulation EC 1/2005 4 Annex I Chapter II point 1.1. b) of Council Regulation EC 1/2005 5 Annex I Chapter VII of Council Regulation EC 1/2005 6 Annex I Chapter VI point 3.1. of Council Regulation EC 1/2005 7 E.g.: Opinion of the Scientific Panel on Animal Health and Welfare on a request from the Commission related to Standards for the microclimate th inside animal road transport vehicles , 20 October, 2004 2

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Requirements for Ventilation Systems on Vehicles used for Long Distance Transports of Live Animals

“Means of transport by road must be fitted with a temperature monitoring system as well as a with a means of recording such data. Sensors must be located in the parts of the lorry which, depending on its design characteristics, are most likely to experience the worst climatic conditions. Temperature recordings obtained in such manner shall be dated and made available to the competent authority upon request.

Means of transport must be fitted with a warning system in order to alert the driver when the temperature in the compartments where the animals are located reaches the maximum or the minimum limit.”

Concerning the approval of long distance transports Article 18 (1) (b) of the Regulation reads: “The competent authority or body designated by a Member State shall grant a certificate of approval for means of transport by road used for long distance journeys upon application, provided that the means of transport: have been inspected by a competent authority or body designated by a Member State and found to comply with the requirements of Chapters II and VI of Annex I applicable to the design, the construction and the maintenance of means of transport by road used for long journeys.”

III.

Definition of the problem Animal transport vehicles used and authorized by the Member State authorities are commonly equipped with fan ventilation. The vehicles are not entirely closed but there are openings on both long sides which permit natural airflow through the animals’ compartments.

The purpose of the usually used fan ventilation is to produce an air exchange and to remove stagnant air, humidity, ammonia and carbon dioxide gases from the animals’ compartments.

The air exchange (inside air replaced by outside air) has a positive effect for the animals.

However, it cannot achieve cooler or hotter conditions but can only transmit the external temperature, e.g. when the outside temperature is 37°C, the temperature of the air entering the vehicle due to the fan ventilation is 37°C, the same as the outside temperature. Thus, the commonly used fan ventilation is never capable of delivering cooler or hotter air into 8 the animals’ compartments. Therefore, none of the commonly used and authorized means of transport used for long distance transport of “farm” animals destined for slaughter, fattening or breeding is fitted with a ventilation system as required by the Regulation, i.e. a ventilation system designed, constructed and maintained in such a way that, at any time during the journey, whether the means of transport is stationary or moving, they are capable of maintaining a range of temperature from 5°C to 30°C within the means of transport, for all animals, with a +/- 5°C tolerance, depending on the outside temperature.

Even though they do not comply with essential legal requirements for long distance transports, all these vehicles are authorized by the Member State authorities and used for long journeys on a daily basis in summer and winter all across Europe even though in many regions in winter the temperatures regularly fall under 0°C an d in summer exceed 35°C. Accordingly, the vast majority of transporters throughout the EU do not comply with the Regulation and the competent authorities in the Member States disregard their legal obligations when granting certificates of approval for means of transport for long journeys.

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A comparatively very small number of vehicles such as vans for “sport” horses are totally closed and equipped with air conditioning systems.

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Requirements for Ventilation Systems on Vehicles used for Long Distance Transports of Live Animals

As a consequence, all certificates of approval should be withdrawn and no further approvals should be granted for vehicles that do not comply with the requirements of the Regulation.

However, the current situation in practice is that this legal requirement is ignored by operators and since the authorities themselves authorize the vehicles without the appropriate ventilation system, no corrective measures are taken and no sanctions are issued.

A Member of the European Parliament tabled a parliamentary question concerning the systematic and ongoing failure by Member States to enforce the Regulation in relation to the requirements for ventilation systems on vehicles used for long distance transports. The answer by the current EU Commissioner for Health and Consumer Policy, Mr. John Dalli, to this parliamentary question is alarming. Mr. Dalli responded totally avoiding the issue. Please find the parliamentary question and the answer in the annex to this report.

On the other hand, it is also possible to reach the conclusion that the wording of Annex I Chapter VI point 3.1 of the Regulation is inadequate and should be revised in order to be legally unequivocal and to ensure an acceptable level of animal protection during transport.

Annex I Chapter VI point 3.1. only refers to the functional capacity of the ventilation systems.

Reading Annex I Chapter VI point 3.1. in connection with point 3.3. and 3.4. allows the 9 interpretation that animals of certain species must not be transported with temperatures under 0°C and over 35°C. But this is only interpret ation in favor of the animals and there is an important lack of clarity in a matter essential for animal protection during transport. There are no legal instructions stating that animals may not be transported if the temperatures are lower than 5°C or higher than 30°C. Officials at the plac es of departures or during road checks at any stage of the journey have no legal clarification when deciding if a transport may start or continue when the temperatures are very high or very low and the transporters and organizer do not have a definite instruction which prohibits the transport when the temperatures are very high or very low. Regarding the +/- 5°C margin it i s even more uncertain when this exception applies. Another question that springs to mind is that if the ranges 5°C to 30°C or 0°C to 35°C are meant as temperature limits, why do these limits apply for only for equidae, pigs, bovines sheep and goats and not for all other animals? Birds, lagomorphs and furry animals are extremely temperature sensitive. And why do the temperature limits not apply to short transports either? Extreme temperatures cause mortality of animals travelling for less than 8 hours.

In practice, this legal uncertainty leads to the fact that long distance transports are continually authorized by the competent authorities and carried out with temperatures under 0°C and over 35°C and this regularly causes u ndue animal suffering during transport.

Apart from all the above mentioned, the temperature range of 0°C to 35°C is far too wide, i.e. animals clearly also suffer at temperatures within this range. In 2004, EFSA recommended in their “Opinion of the Scientific Panel on Animal Health and Welfare on a request from the Commission related to Standards for the microclimate inside animal road transport vehicles” the following temperature limits: for example, 1. for pigs, from 10°C to 25°C; 2. for young calves (2 - 26 weeks old,) 5°C to 30°C and 3. for s horn sheep, 10°C to 32°C. An undifferentiated solution for all species cannot achieve an acceptable level of animal protection during transport.

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Of the species equidae, bovines, caprines, ovines and porcine

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Requirements for Ventilation Systems on Vehicles used for Long Distance Transports of Live Animals

These pigs are clearly suffering from heat stress even though the temperature in the compartment is within the allowed temperature range.

Empiric examples10

IV.

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In 2007, Animals’ Angels checked 43 irregular long distance transports of the species equidae, bovine, porcine and ovine. Two out of these 43 vehicles had no forced ventilation system at all. In one case, the ventilation system was broken and in the remaining 40 cases the ventilation system used was not capable of maintaining the temperature within a range between 0°C and 35°C. 12

In 2009, Animals’ Angels checked 22 irregular long distance transports of the species equidae, bovine, porcine, ovine and caprine. One of them had no forced ventilation system at all and the ventilation systems used in the remaining 21 vehicles were not capable of maintaining the temperature between 0°C and 35°C. 13

In 2010, Animals’ Angels checked 43 irregular long distance transports of the species equidae, bovine, porcine, ovine and caprine. One of the transport vehicles had no forced ventilation system at all and the ventilation systems used in the remaining 42 vehicles were 14 not capable of maintaining the temperature in a range between 0°C and 35°C .

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In the current year 2012, Animals’ Angels has so far checked 70 long distance transports of the species equidae, porcine, bovine, ovine and caprine within the territory of the European Community and on the route from the EU to Turkey. All checked transport vehicles were authorized by Member State authorities. None of these 70 transport vehicles was equipped with a ventilation system capable of maintaining the temperature within a range between 0°C and 35°C. Examples from the year 2012 1. Date of control: 17.04.2012 Transport of young calves from Hungary via Romania and Bulgaria to Turkey Hungarian transport company

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Detailed information about all mentioned/listed examples can be requested at julia@animals-angels.de Within the communitarian territory; means of transport authorized by Member State authority 12 Within the communitarian territory; means of transport authorized by Member State authority 13 Within the communitarian territory; means of transport authorized by Member State authority 14 See for all “AA Overview Infringement Table 2005, 2007, 2009, 2010” published by Animals’ Angels in December 2010 15 15.09.2012 11

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Requirements for Ventilation Systems on Vehicles used for Long Distance Transports of Live Animals

The means of transport employed for this long distance journey is equipped with fan ventilation which is not capable of maintaining the temperature within a range between 0°C and 35°C.

2. Date of control 18.04.2012 Transport of bulls from Hungary via Romania and Bulgaria to Turkey Hungarian transport company The means of transport employed for this long distance journey is equipped with fan ventilation which is not capable of maintaining the temperature within a range between 0°C and 35°C.

3. Date of control 18.04.2012 Transport of young calves from Hungary via Romania and Bulgaria to Turkey Hungarian transport company The means of transport employed for this long distance journey is equipped with fan ventilation which is not capable of maintaining the temperature within a range between 0°C and 35°C.

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© Copyright 2012 Animals’ Angels Date and place of the report: Frankfurt, 28.09.2012

Requirements for Ventilation Systems on Vehicles used for Long Distance Transports of Live Animals

4. Date of control: 10.05.2012 Transport of horses from Spain via France to Italy Italian transport company The means of transport employed for this long distance journey is equipped with fan ventilation which is not capable of maintaining the temperature within a range between 0°C and 35°C.

5. Date of control: 06.06.2012 Transport of pigs from Spain via France to Italy Italian transport company The means of transport employed for this long distance journey is equipped with fan ventilation which is not capable of maintaining the temperature within a range between 0°C and 35°C.

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Requirements for Ventilation Systems on Vehicles used for Long Distance Transports of Live Animals

6. Dates of control: 08. – 10.06.2012 Transport of pigs from Spain via France to Italy Italian transport company The means of transport employed for this long distance journey is equipped with fan ventilation which is not capable of maintaining the temperature within a range between 0°C and 35°C.

7. Date of control: 30.06.2012 Transport of calves from Poland to Germany Polish transport company The means of transport employed for this long distance journey is equipped with fan ventilation which is not capable of maintaining the temperature within a range between 0°C and 35°C.

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© Copyright 2012 Animals’ Angels Date and place of the report: Frankfurt, 28.09.2012

Requirements for Ventilation Systems on Vehicles used for Long Distance Transports of Live Animals

8. Date of control 02.08.2012 Transport of pigs from Spain via France to Belgium Spanish transport company The means of transport employed for this long distance journey is equipped with fan ventilation which is not capable of maintaining the temperature within a range between 0°C and 35°C.

9. Date of control: 06.09.2012 Transport of pigs from Spain via France to Italy Spanish transport company The means of transport employed for this long distance journey is equipped with fan ventilation which is not capable of maintaining the temperature within a range between 0°C and 35°C.

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© Copyright 2012 Animals’ Angels Date and place of the report: Frankfurt, 28.09.2012

Requirements for Ventilation Systems on Vehicles used for Long Distance Transports of Live Animals

10. Date of control: 07.09.2012 Transport of cattle from France via Italy to Greece Dutch transport company The means of transport employed for this long distance journey is equipped with fan ventilation which is not capable of maintaining the temperature within a range between 0°C and 35°C.

V.

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Conclusion o

According to the current wording of Annex I Chapter VI point 3.1. of the Regulation, 16 the vast majority of transporters in the EU do not comply with the requirements for ventilation systems on vehicles used for long distance transports of equidae and animals of bovine, ovine, caprine and porcine species.

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Member State authorities throughout Europe regularly grant certificates of approval for means of transport used for long journeys that do not comply with the obligatory additional provisions for long journeys.

Except those who use closed means of transport with air conditioning systems

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Requirements for Ventilation Systems on Vehicles used for Long Distance Transports of Live Animals

VI.

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Member State authorities regularly authorize long-distance transports even though the vehicles used do not comply with the obligatory additional provisions for long journeys; also, before authorizing a transport they do not verify if the external temperature on the transport route exceeds the allowed maximum or minimum temperature.

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The fact that the authorities turn a blind eye towards this problem and do not issue sanctions does not convert this illegal situation into a legal one.

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This illegal situation and the lack of clear instructions at which temperatures animals may and may not be transported causes undue animal suffering during transport.

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Transporting animals at temperatures of up to 30°C – 35°C causes undue animal suffering during transport.

Claim Revision of the Regulation The revised Regulation on the protection of animals during transport must make clear that transport of animals of all species for commercial purposes is forbidden if the range of acceptable temperatures cannot be maintained, i.e. in this case competent authorities must not grant certificates of approval to vehicles and they must not authorize transports if it is not clear that the temperature range will be respected at any point of the journey.

The temperature ranges laid down by a revised Regulation on the protection of animals during transport must apply for species and must be narrower than at present. The permitted temperatures must be adapted to the necessities and physical constitution of the different species.

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© Copyright 2012 Animals’ Angels Date and place of the report: Frankfurt, 28.09.2012

Requirements for Ventilation Systems on Vehicles used for Long Distance Transports of Live Animals

Annex: Parliamentary question E-005391/2012

Parliamentary questions 30 May 2012

E-005391/2012

Question for written answer to the Commission Rule 117 Keith Taylor (Verts/ALE) Subject: Live animal transport: problems with heat stress and dehydration

Answer(s)

Council Regulation (EC) No 1/2005 requires vehicles used to transport live animals for more than eight hours to be equipped with a ventilation system capable of maintaining temperatures between 5 C and 30 C with a +/5 C tolerance.

In practice, mechanical fans are the only form of ventilation in these vehicles. At most, they circulate air, but they do not reduce temperatures. Nevertheless, these vehicles have been and continue to be granted certificates of approval by Member States’ competent authorities.

Many animals suffer from heat stress and dehydration inside these vehicles during the hot summer months, with temperatures rising to over 35 C, particularly in southern Europe. This affects all animals, but may be particularly severe for animals which are not used to high temperatures.

In 2010, Ireland rightly prohibited live animal transport between Ireland and Greece during July and August ‘due to high temperatures, humidity and the length of the journey involved’.

In light of this situation, I would be grateful for answers to the following: 1. How does the Commission intend to rectify the systematic and ongoing failure by Member States to enforce Council Regulation (EC) No 1/2005?

2. Does the Commission agree that the establishment of a maximum eight-hour journey limit, as already requested by Parliament and by over one million European citizens, could help prevent the most extreme cases of dehydration and heat stress?

Last updated: 14 June ,2012 Parliamentary questions 9 July 2012

E-005391/2012

Answer given by Mr Dalli on behalf of the Commission 1. The main responsibility to ensure proper enforcement of EU-legislation rests with the Member States.

However, as concluded in the Commission report on animal welfare during transport(1), enforcement of Regulation (EC) No 1/2005 on the protection of animals during transport(2) remains a major challenge. The report therefore considers a number of actions aimed at improving enforcement. These include the harmonised use of the navigation systems and increased cooperation with the competent authorities of the Member States(3).

In addition to the actions described in the report, the Commission regularly audits Member States' compliance

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Requirements for Ventilation Systems on Vehicles used for Long Distance Transports of Live Animals

with the requirements of the EU legislation on animal welfare during transport via the Food and Veterinary Office of the Commission . Where a Member State fails to comply with EC law, the Commission has powers to try to bring the infringement to an end and, where necessary, may refer the case to the European Court of Justice.

2. Any journey, regardless of its length, that is carried out in non-compliance with the rules could lead to suffering for the animals. The main tool to prevent this is to ensure proper enforcement of the current rules which therefore remains the priority for the Commission.

(1) Report from the Commission to the European Parliament and the Council on the impact of Council Regulation (EC) No 1/2005 on the protection of animals during transport. COM(2011) 700 final.

(2) Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations; OJ L 3, 5.1.2005, p. 1.

(3) Chapter 3, points a and d, of the report.

Last updated: 13 July 2012

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Š Copyright 2012 Animals’ Angels Date and place of the report: Frankfurt, 28.09.2012