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23.4.2013 Official
Journal
of
the
European
Union L
111/107
COMMISSION IMPLEMENTING DECISION
of 18 April 2013
on annual reports on non-discriminatory inspections carried out pursuant to Council Regulation
(EC) No 1/2005 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
(notified under document C(2013) 2098)
(Text with EEA relevance)
(2013/188/EU)
THE EUROPEAN COMMISSION,
reduce the administrative burden on Member States, it
should also provide for the annual reports to be
Having regard to the Treaty on the Functioning of the European
submitted electronically to the Commission.
Union,
(6) Non-discriminatory
inspections
are
carried
out
by
the
Having regard to Council Regulation (EC) No 1/2005 of
competent authority at different stages of a journey.
22 December 2004 on the protection of animals during
They are carried out before departure, during the
transport and related operations and amending Directives
journey, at arrival at the place of destination and after
64/432/EEC and 93/119/EC and Regulation (EC) No
the completion of the journey. During a non-discrimi
1255/97 ( 1 ), and in particular Article 30(2) of thereof,
natory inspection, the competent authority may carry out
a number of checks to verify compliance with Union
Whereas:
legislation. This may include checking that animals are
fit for being transported; checking that the means of
transport is fulfilling the requirements of Union legis
(1) Regulation
(EC)
No
1/2005
lays
down
rules
for
the
lation or that the transporter has the necessary authori
transport of live vertebrate animals carried out within
sations. The transporter may or may not be informed
the Union, including the specific checks to be carried
beforehand.
out by officials on consignments entering or leaving
the customs territory of the Union. Article 27(1) of
Regulation (EC) No 1/2005 provides that the
(7) Transporters
often
anticipate
that
non-discriminatory
competent authority is to check that the requirements
inspections will be carried out before departure on
of that Regulation have been complied with, by
long journeys between Member States and with third
carrying out non-discriminatory inspections of animals,
countries and after arrival at the place of destination
means of transport and accompanying documents (‘non-
when it is a slaughterhouse, and such non-discriminatory
discriminatory inspections’).
inspections often comprise checks of large numbers of
animals. Accordingly, in the annual reports those non-
(2) In
addition,
Article
27(2)
of
Regulation
(EC)
No
1/2005
discriminatory inspections should be listed separately
provides that Member States are to submit to the
from random and risk-based non-discriminatory
Commission by 30 June each year an annual report for
inspections which are usually not anticipated and may
the previous year on the non-discriminatory inspections
cover a smaller number of animals.
(‘the annual reports’). The annual reports are to be
accompanied by an analysis of the major deficiencies
(8) Non-discriminatory
inspections
carried
out
before
or
detected and an action plan to address them.
during journeys include checks by the competent
authority of any accompanying documents that are
(3) The Report from the Commission to the European
required to be made available to it. Those non-discrimi
Parliament and the Council on the impact of Council
natory inspections should be accounted for separately
Regulation (EC) No 1/2005 on the protection of
from non-discriminatory inspections carried out after
animals during transport
( 2 ) considered that imple
the completion of a journey, which include checks of
menting measures should be adopted concerning the
journey logs or printouts from navigations systems,
controls to be performed by the competent authorities
with the sole purpose of verifying compliance with the
of the Member States in accordance with Article 27(1) of
requirements set out in paragraphs 1.4, 1.5, 1.7 and 1.8
Regulation (EC) No 1/2005.
of Section 1 of Chapter V of Annex I to Regulation (EC)
No 1/2005 concerning journey times and resting periods.
(4) That
report
also
concluded
that
the
structure
of
the
reporting system should be further harmonised, as it
(9) Accordingly,
in
order
to
ensure
a
proper
comparison
of
would provide better and more comparable data.
the information collected during the non-discriminatory
inspections, this Decision should provide for three
(5) Accordingly,
this
Decision
should
establish
a
harmonised
different types of non-discriminatory inspections to be
model form for the annual reports and, in order to
reported separately for the purposes of the annual
reports. Those three types of non-discriminatory
( 1 ) OJ L 3, 5.1.2005, p. 1.
inspections should cover: (a) non-discriminatory
( 2 ) COM(2011) 700 final.
inspections carried out at place of departure before the

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L 111/108
EN
Official Journal of the European Union
23.4.2013
animals are transported on long journeys between
(a) the total number of the different types of non-discrimi
Member States and with third countries, and after the
natory inspections carried out by the competent authority
animals are unloaded from the means of transport at
during which animals, means of transports or accom
the place of destination when it is a slaughterhouse; (b)
panying documents have been checked, as referred to in
non-discriminatory inspections carried out during the
Section A of Table 1 of Part 2 of Annex I and in Part 1
transport; and (c) non-discriminatory inspections carried
of Annex II;
out after the completion of the transport to verify
compliance with journey times and resting periods.
(b) the number of animals, means of transport or accom
panying documents that have been effectively checked by
(10) During
a
non-discriminatory
inspection,
the
competent
the competent authority during the non-discriminatory
authority may check one or more animals, means of
inspections, as referred to in Section B of Table 1 of Part
transport and accompanying documents. The outcome
2 of Annex I, which shall only include:
of the non-discriminatory inspection may result in
cases of non-compliance with the requirements of Regu
lation (EC) No 1/2005 being detected by the competent
(i) the number of animals that have been physically
authority and action taken by it to address non-
checked;
compliance. A proper comparison of the outcome of
such non-discriminatory inspections in the Member
States requires that they are accounted for and reported
(ii) the number of means of transport that have been
in a harmonised manner.
physically checked; however, it shall not include
checks that are part of an approval procedure in
accordance with Article 7 of Regulation (EC) No
(11) This
Decision
should
apply
from
1
January
2015
in
1/2005;
order to give the Member States sufficient time to
adapt their national data collection systems to the
information required to be included in the annual
(iii) the number of accompanying documents referred to in
reports in accordance with this Decision.
Articles 4(2) and 6(1), (5), (8) and (9) of Regulation (EC)
No 1/2005 and in paragraphs 5 and 8 of Annex II
thereto that have been made available to the
(12) The
measures provided for in this Decision are in
competent authority and checked by it.
accordance with the opinion of the Standing
Committee on the Food Chain and Animal Health,
When more than one accompanying document has
been checked during one inspection, this may be
HAS ADOPTED THIS DECISION:
declared as a check of one document.
Article 1
(c) the category and number of cases of non-compliance with
the requirements of Regulation (EC) No 1/2005 that have
Subject matter and scope
been detected by the competent authority during the non-
discriminatory inspections, as referred to in Table 2 of Part
This Decision lays down rules on the annual reports of non-
2 of Annex I and in Part 2 of Annex II to this Decision;
discriminatory inspections which are to be submitted by the
Member States to the Commission by 30 June each year in
accordance with Article 27(2) of Regulation (EC) No 1/2005
(d) the category and number of actions taken by the competent
(‘the annual reports’).
authority following the detection of cases of non-
compliance with the requirements of Regulation (EC) No
1/2005, as referred to in Table 3 of Part 2 of Annex I
Those rules concern the information to be included by the
and in Part 3 of Annex II to this Decision;
Member States in the annual reports on the non-discriminatory
inspections of animals, means of transport and accompanying
documents to be carried out by the competent authority in
(e) an analysis of the major deficiencies detected during the
accordance with Article 27(1) of Regulation (EC) No 1/2005
non-discriminatory inspections and an action plan to
(‘the non-discriminatory inspections’) and the manner in which
address them, as referred to in Part 3 of Annex I.
they are to be submitted to the Commission.
2. The
annual
report
shall
be
submitted
to
the
Commission
Article 2
in electronic form in accordance with the model form of the
Information to be included in the annual reports and
annual report set out in Annex I and completed in accordance
model form
with the explanatory notes set out in Annex II.
1. The annual reports shall contain the following
information on the non-discriminatory inspections, divided by
Article 3
species of animal and by type of non-discriminatory inspection,
Application
and as referred to in Annex I to this Decision and in the
explanatory notes set out in Annex II hereto:
This Decision shall apply from 1 January 2015.

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EN
23.4.2013 Official
Journal
of
the
European
Union L
111/109
Article 4
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 18 April 2013.
For the Commission
Tonio BORG
Member of the Commission

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L 111/110
EN
Official Journal of the European Union
23.4.2013
ANNEX I
Model form of the annual reports to be submitted by the Member State to the Commission, as referred to in
Articles 1 and 2
ANNUAL REPORT
on non-discriminatory inspections of animals, means of transport and accompanying documents carried out
pursuant to Article 27 of Regulation (EC) No 1/2005
PART 1
— Member State: [Member State]
— Year in which non-discriminatory inspections referred to in this annual report were carried out by the competent
authority: [yyyy]
Contact details of the competent authority responsible for carrying out the non-discriminatory inspections referred to
in this annual report or for submitting the report:
Name and function of the responsible official at the competent authority .............................................................................
........................................................................................................................................................................................................................
Competent authority ................................................................................................................................................................................
Address ........................................................................................................................................................................................................
E-mail ...........................................................................................................................................................................................................
Telephone number ....................................................................................................................................................................................

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23.4.2013 Off
PART 2
[Member State]
[yyyy]
Table 1
Types of non-discriminatory inspections carried out pursuant to Article 27(1) of Regulation (EC) No 1/2005
EN
Section A: number of non-discriminatory inspections carried out by the competent authority

Section B: number of animals, means of transport and accompanying documents checked during the non-discriminatory inspections
Species (*): Bovine Porcine Ovine
~
Caprine Equidae
Other Species (specify and add
columns as necessary)
Types of non-discriminatory inspections (**)
1
2
3
1
2
3
1
2
3
1
2
3
1
2
3
Section A
Number of non-discriminatory inspections
icial
Jour
Section B
nal
Animals
of
the
Means of transport
European
Accompanying documents
Union
(*) List the number of non-discriminatory inspections in Section A and list the number of animals, means of transport and accompanying documents checked in Section B, separately for the different species of animals.
(**) Refer to Part 1 of the Explanatory Notes set out in Annex II.
Table 2
Category and number of cases of non-compliances with Regulation (EC) No 1/2005 detected during the non-
discriminatory inspections provided for in Article 27(1) thereof
Category of non-compliance (*)
1. Fitness of animals for transport
2. Transport practices, space allowances,
height
L
3. Means of transport and additional
111/111
provisions for livestock vessels or
vessels transporting sea containers,
and for long journeys

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L 111/112
Category of non-compliance (*)
4. Watering and feeding, journey times
and resting periods
5. Documentation
EN
6. Other cases of non-compliance

Total number of non-compliances
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
(*) Refer to Part 2 of the Explanatory Notes set out in Annex II.
Table 3
Category and number of actions taken by the competent authority following the detection of cases of non-
Off
compliances with Regulation (EC) No 1/2005
icial
Category of non-compliance (*)
Jour
A. Penalties imposed
nal
of
B. Enforcement and exchanges of
the
information
European
(*) Refer to Part 3 of the Explanatory Notes set out in Annex II.
Union
23.4.2013

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EN
23.4.2013 Official
Journal
of
the
European
Union L
111/113
PART 3
Analysis of major deficiencies detected during the non-discriminatory inspections and action plan to address
them as provided for in Article 27(2) of Regulation (EC) No 1/2005
[Member State]
[yyyy]
1. ANALYSIS OF THE MAJOR DEFICIENCIES DETECTED DURING THE NON-DISCRIMINATORY
INSPECTIONS
For the purpose of this annual report, the following have been considered to be major deficiencies:
........................................................................................................................................................................................................................
........................................................................................................................................................................................................................
........................................................................................................................................................................................................................
........................................................................................................................................................................................................................
........................................................................................................................................................................................................................
........................................................................................................................................................................................................................
2. ACTION PLAN TO ADDRESS THE DEFICIENCIES DESCRIBED UNDER POINT 1.

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L 111/114
EN
Official Journal of the European Union
23.4.2013
ANNEX II
Explanatory Notes for the model form of annual report set out in Annex I, as referred to in Article 2
PART 1
Types of non-discriminatory inspections carried out by the competent authority
Types of non-discriminatory inspections Checks
carried
out
on:
1. At place of departure, as provided for in Article 15(2) of Animals
Regulation (EC) No 1/2005 and after the animals are
unloaded from the means of transport at the place of Means of transport
destination, when it is a slaughterhouse.
Accompanying documents
2. During transport Animals
Means of transport
Accompanying documents
3. After the completion of the transport to verify Accompanying documents - Journey logs or navigation
compliance with journey times and resting periods.
printouts
PART 2
Categories of non-compliances with the requirements of Regulation (EC) No 1/2005
Each non-discriminatory inspection carried out by the competent authority may result in the detection of more than one
case of non-compliance with the requirements of Regulation (EC) No 1/2005
Category of non-compliance Corresponding
provisions
of
Regulation
(EC)
No
1/2005
1. Fitness for transport Article
3(b)
Chapter I and paragraph 1.9 of Chapter VI of Annex I
2. Transport practices; space allowances; internal height. Article
3(d),
(e)
and
(g)
Paragraph 1.2 of Chapter II and Chapters III and VII of
Annex I
3. Means of transport and additional provisions for Article 3(c) and (h)
livestock vessels or vessels transporting sea
containers and for long journeys.
Chapters II, IV and VI of Annex I
4. Watering and feeding, journey times and resting Articles 3(a), (f) and (h)
periods.
Chapter V of Annex I
5. Transport documentation; transporters authori Article 4, Article 5(4), Article 6(1), (5) and (8) Article 17(2)
sations; driver’s certificates of competence and
approval of means of transport. Journey logs, other Annex II
than non-compliances referred to under category 4.
6. Any other non-compliance not included in the
previous categories.
PART 3
Categories of action taken by the competent authority to address cases of non-compliance with the
requirements of Regulation (EC) No 1/2005
Category of Action Action
taken
by
the
competent
authority
A Penalties
imposed
in
accordance
with
rules
laid
down
in
national
legislation
pursuant
to
Article 25 of Regulation (EC) No 1/2005.
B
Enforcement and exchanges of information in accordance with Articles 23 and 26 of
Regulation (EC) No 1/2005.

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Document Outline

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