Animal Transport Law

EU Animal Transport Regulation 1/2005 is supplemented by the Animal Transport Act of 2007, Federal Law Gazette I No 54/2007. This law sets forth the conditions for implementation of certification and checks as well as penal provisions.

Responsibility

The Federal Government is responsible for legislation and enforcement. The competent ministry is the Federal Ministry of Health.

Principle for the implementation of animal transports

Animals must not be transported if the animals are liable to suffer injury or unnecessary suffering as a result (recital 11 of the EU Animal Transport Regulation). Rules relating to special requirements for animal transport must be construed and applied in line with this principle.

Scope

The EU Animal Transport Regulation sets out the rules for the transport of live vertebrate animals within the EU, provided this transport takes place in connection with an economic activity (Article ...[5]). However, the Regulation does not apply to the transport of animals directly to or from veterinary practices or clinics, under the advice of a veterinarian.

Transports that take place in connection with the purchases, sales or exchanges, particularly within the scope of auctions, etc., definitely qualify as transports taking place in connection with an economic activity. However, no connection with an economic activity is given with events for hobby and recreational purposes that are held not for a profit, neither directly nor indirectly, but much rather as a leisure-time pursuit or as a hobby. For a more detailed definition consult the Communication Platform for Consumer Health of the Federal Ministry of Health.

Animal transports without any economic purposes are not subject to the EU Animal Transport Regulation. These transports are governed by Art. 11 Animal Welfare Act (Tierschutzgesetz) where parts of the EU Animal Transport Regulation are declared applicable (Art. 3, Annex I Chapters I, II and III).

Animal transport conditions

Generally, no one is permitted to transport an animal or have an animal transported if the animal is liable to suffer injury or unnecessary suffering (Art. 3 point 1 EU Animal Transport Regulation). Beyond this general specification, the EU Animal Transport Regulation also sets out specific general conditions (Art. 3 point 2), including short journey times, trained personnel, no use of force, feeding and watering at reasonable intervals.

Animal transports in connection with an economic activity may only be carried out by certified transporters (Art. 6 ff).

Animals may be handled only by trained persons (Art. 6[4]) and every consignment must generally be accompanied by an attendant, although the driver may also perform the functions of the attendant (Art. 10[6]). Attendant and driver must hold a certificate of competence (Art. 6[5]). To obtain a certificate of competence, comprehensive training of at least eight hours must be completed.

The required training courses are more closely defined in the Animal Transport Training Ordinance (Tiertransport-Ausbildungsverordnung).

Transport by farmers (Art. 1[2])

For animal transport by farmers, only the general provisions set forth in Art. 3 of the EU Animal Transport Regulation and the rules relating to checks by the authorities in Art. 27 apply, provided the farmer

• transports his or her own animals in his or her own means of transport over a distance not exceeding 50 km from his or her farm or
• transports animals in his or her own agricultural vehicles or means of transport in the course of the annual transhumance.