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)

• CELEX: Delegated Regulation (EU) 2023/842
• Articles: 8

Article 1 Subject matter and scope

This Regulation establishes rules for the performance of official controls as referred to in Article 21(2) of Regulation (EU) 2017/625, and in particular, for inspections pursuant to Article 20 of Regulation (EC) No 1/2005.

Article 2 Definitions

1.   For the purposes of this Regulation, the definitions in Article 2 of Regulation (EC) No 1/2005 shall apply.

2.   ‘port-State control inspection’ means an inspection carried out by port State control authorities in accordance with Directive 2009/16/EC.

Article 3 Documentary checks on contingency plans in the event of emergencies

Where animals are transported to third countries and part of the journey involves the use of livestock vessels, the competent authorities at the place of departure shall verify that contingency plans in the event of emergencies meet the requirements provided for in Article 7 of Commission Implementing Regulation (EU) 2023/372  ( 5 ) .

Article 4 Results of port State control inspections

In order to carry out well-informed decisions when inspecting livestock vessels during loading and unloading for the purposes of Article 20 of Regulation (EC) No 1/2005, competent authorities shall take into account the relevant publicly available results of port State control inspections.

Article 5 Teams of inspectors for livestock vessels

1.   The competent authorities shall ensure that inspections on loading of livestock vessels, provided for in Article 20 of Regulation (EC) No 1/2005, and official controls at exit points at seaports, provided for in Article 21(2), point (c), of Regulation (EU) 2017/625, are performed by a team of inspectors.

2.   A team of inspectors shall include at least:

(a)

an official veterinarian; and

(b)

a maritime expert authorised by the maritime authorities of the Member State.

3.   The maritime expert referred to in paragraph 2, point (b), shall meet, as a minimum, one of the following requirements:

(a)

appropriate qualifications from a marine or nautical institution recognised by the Member States and relevant seagoing experience as a certificated ship officer holding a valid certificate of competence STCW II/2 or III/2 provided for in the International Convention on Standard of Training, Certification and Watchkeeping for Seafarers (STCW) and which is not limited as regards the operating area, propulsion power or tonnage;

(b)

completed examination as a naval architect, mechanical engineer or an engineer related to the maritime field, which is recognised by the responsible maritime authorities, and worked in that capacity for at least five years; or

(c)

relevant university degree or equivalent degree from a tertiary institution, within a relevant field of engineering or science, recognised by the Member State.

Article 6 Inspections of livestock vessels on loading and unloading at exit points at seaports

1.   Where animals are presented for loading and unloading on livestock vessels at exit points the organiser shall provide the competent authority at the exit points with the following documents at least five working days prior to the date of inspection of the livestock vessels provided for in Article 20 of Regulation (EC) No 1/2005, or the date of official controls provided for in Article 21(2), point (c), of Regulation (EU) 2017/625:

(a)

a copy of the transporter authorisation for the sea leg of the journey as provided for in Article 10(1) of Regulation (EC) No 1/2005;

(b)

for long journeys, a copy of the transporter authorisation and the contingency plans for the sea leg of the journey in the event of emergencies provided for in Article 11(1) of Regulation (EC) No 1/2005.

2.   The competent authorities at exit points at seaports shall:

(a)

verify that the contingency plans in the event of emergencies provided for in Article 11(1), point (b)(iv), of Regulation (EC) No 1/2005 meet the requirements provided for in Article 7 of Implementing Regulation (EU) 2023/372; and

(b)

verify, through a physical inspection, that the distribution of the animals in the pens meet the requirements for space allowances laid down in Chapter VII of Annex I to Regulation (EC) No 1/2005.

Article 7 Visual evidence of inspections and official controls

1.   When performing inspections and official controls in accordance with Article 5(1) of this Regulation, the competent authorities of the Member State of the seaport where animals are unloaded and loaded in accordance with Article 20 of Regulation (EC) No 1/2005, shall take photographs or videos of the following:

(a)

any construction elements or equipment laid down in Chapter IV, Section 1, of Annex I to Regulation (EC) No 1/2005 that is non-compliant with that Section; and

(b)

any other element that presents deficiencies, is non-compliant with the relevant provisions, or is likely to negatively affect the welfare of the animals.

2.   The photographs or videos taken during the inspections and official controls provided for in paragraph 1 shall be attached to the inspection files and kept by the competent authorities for the duration of the period of validity of the certificate of approval of the livestock vessel.

Article 8 Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .