Draft order on the amendment of order on the protection of animals during  transport

Protection of animal or plant life or health (TBT); Other (TBT)

LIVE ANIMALS (HS code(s): 01); Agriculture (ICS code(s): 65)The draft legislation concerns technical specifications/requirements regarding the internal height of lorries/vehicles transporting live swines/pigs to/in Denmark.CCCN 1010 (0103) live swine (and CCCN 8704 motor vehicles for transport of goods).

Link to ePing

01 - LIVE ANIMALS; 0103 - Live swine

65 - Agriculture

Animal health

A new § 9a is added to the existing national legislation on protection of animals during transport in order to set additional minimum requirements to the internal height of lorries/vehicles transporting live swine/pigs below 40 kg. So far, such requirements have only concerned the transportation of live swine/pigs above 40 kg. The provision introduces minimum internal floor height requirements. This means that a new table is added to Annex 1 to the Transport Order, which currently only lays down internal height requirements for pigs over 40 kg. Internal height requirements for pigs over 40 kg, which currently appear in Annex 1 to the Transport Order, have previously been validated by both the European Court of Justice (Case C-491/06 and Case C-316/10) and the Danish Supreme Court. Both the European Court of Justice and the Supreme Court have ruled that national numerical standards may be set for internal height. At the same time, the Court of Justice of the European Union mentions that legal certainty is enhanced and the predictability is increased by setting minimum internal height standards. The extension of the height requirements for pigs under 40 kg in Table 1 of the Order is based on new research results regarding minimum values for internal height requirements and the development of a new height/weight preparation model published by Aarhus University in July 2022. The legal basis for the establishment of internal height requirements follows from Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations, Article 3(g) and Annex 1, Chapter II, point 1.2, respectively on appropriate heights for animals and ensuring free movement and adequate ventilation during transport. The draft Order is expected to enter into force on 1th of July 2024 and will apply after the end of a six-year and nine-month transitional period, i.e. 1 April 2031.

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