Commission Delegated Regulation (EU) 2023/842 of 17 February 2023 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the performance of official controls to verify compliance with animal welfare requirements for the transport of animals by livestock vessels (Text with EEA relevance)
Commission Delegated Regulation (EU) 2023/842of 17 February 2023supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the performance of official controls to verify compliance with animal welfare requirements for the transport of animals by livestock vessels(Text with EEA relevance)THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)OJ L 95, 7.4.2017, p. 1., and in particular Article 21(8), points (a) and (c), thereof,Whereas:(1)Regulation (EU) 2017/625 establishes the framework for official controls and other official activities to verify compliance with the Union agri-food chain legislation.(2)Article 21 of Regulation (EU) 2017/625 lays down specific rules on official controls and for action to be taken by the competent authorities in relation to animal welfare requirements, including those laid down in Council Regulation (EC) No 1/2005Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (OJ L 3, 5.1.2005, p. 1)..(3)In this context, the Commission has carried out a series of audits on Member States’ compliance systems to protect the welfare of animals during transport to third countries if part of the journey involves the use of livestock vessels. One of the key conclusions from the Commission audits is that the way in which Member States carry out inspections on loading and unloading of animals in accordance with Article 20 of that Regulation, is generally not sufficient to minimise the risk to animal welfare inherent in that type of transport.(4)The Commission audits found weaknesses in Member States’ compliance systems with respect to contingency plans in the event of emergencies. For this reason, the competent authorities at the place of departure should make sure that the transporter has a contingency plan in the event of emergencies and that the contingency plan meets the relevant requirements.(5)Pursuant to Directive 2009/16/EC of the European Parliament and of the CouncilDirective 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (OJ L 131, 28.5.2009, p. 57)., all Member States with maritime ports are to carry out port State control inspections of ships that call at their ports. The results of the port State control inspections may be relevant for the inspections required by Article 20(1) of Regulation (EC) No 1/2005, such as detected deficiencies relating to water-tightness, ventilation, buoyancy or fire-fighting equipment. It is therefore necessary for the competent authority to take into account the results of these inspections when inspecting livestock vessels during loading and unloading.(6)Inspectors from the competent authorities that carry out inspections on livestock vessels are mostly official veterinarians. Veterinary competency alone is not sufficient to check the functioning of the mechanical and management systems of livestock vessels that may have an impact on the welfare of the animals being transported. As proposed in the Network documentNetwork Document on Livestock Vessels, available at https://circabc.europa.eu/ui/group/f41c4e1d-22a1-4e7b-aa31-cd16f126037d/library/d1bdd5a7-2e73-4f9a-97e2-c0975fc713a1/details, the teams performing inspections on loading of consignments of live animals, provided for in Article 20 of Regulation (EC) No 1/2005, should consist of official veterinarians and maritime experts with appropriate expertise on those mechanical and management systems and practical experience of the operation of livestock vessels.(7)Where animals are presented for loading and unloading on livestock vessels at exit points at seaports, the competent authorities should have sufficient time to assess whether livestock vessels meet the conditions laid down in Article 20 of Regulation (EC) No 1/2005 and in Article 21(2), point (c) of Regulation (EU) 2017/625. The organiser of a journey should therefore provide those competent authorities with the relevant documentation at least five working days prior to the date of inspection or the date of official controls of the livestock vessel.(8)The competent authorities at exit points at seaports should also perform a physical inspection after loading the animals on the livestock vessel to verify that the distribution of the animals in the pens is in line with the space allowances laid down in Chapter VII of Annex I to Regulation (EC) No 1/2005.(9)In order to keep a visual record of the state of the livestock vessel and the animals intended for loading, inspectors from the competent authorities should take evidence by means of photographs or videos of non-compliances on board, and any other element that is likely to negatively affect the welfare of the animals. Those photographs or videos should be kept by the competent authorities for the duration of the period of validity of the certificate of approval of the livestock vessel,HAS ADOPTED THIS REGULATION: