Commission Implementing Regulation (EU) 2023/372 of 17 February 2023 laying down rules on the recording, storing and sharing of written records of official controls performed on livestock vessels, on contingency plans for livestock vessels in the event of emergencies, on the approval of livestock vessels and on minimum requirements applicable to exit points (Text with EEA relevance)

This Regulation: (a) sets out detailed rules necessary for the performance of inspections provided for in Article 20(1) of Regulation (EC) No 1/2005; (b) specifies the content of the contingency plans referred to in Article 11(1), point (b)(iv), of Regulation (EC) No 1/2005 when these refer to livestock vessels; (c) specifies the minimum requirements for exit points when these are seaports.

For the purposes of this Regulation, ‘port State control inspection’ means an inspection carried out by port State competent authorities in accordance with Directive 2009/16/EC.

1 The Commission shall develop and ensure the functioning, maintenance, support and any necessary updating or further development of an electronic database.

2 The electronic database shall contain the information necessary for the inspections required by Article 20(1) of Regulation (EC) No 1/2005, including: (a) the certification details of the certificates of approval of livestock vessels in a manner enabling Member States’ competent authorities to rapidly identify the livestock vessels; (b) records of past inspections carried out by Member States’ competent authorities on livestock vessels for the purposes of Article 20(1) of Regulation (EC) No 1/2005; (c) publicly available information on the outcome of port State control inspections.

3 The Commission shall give Member States’ competent authorities access to the electronic database for the purposes of Articles 4, 5 and 6.

4 Member States’ competent authorities shall each designate at least one national administrator and communicate that designation and its contact details to the Commission. They shall inform the Commission immediately of any changes with respect to national administrators.

5 Member States’ competent authorities shall be responsible for the data and documents they insert or produce in the database.

1 Member States’ competent authorities shall record the certifications of the approval of livestock vessels referred to in Article 19(4) of Regulation (EC) No 1/2005 in the electronic database referred to in Article 3 of this Regulation.

2 The certifications referred to in paragraph 1 shall include the expiry date of the certificates, information concerning the maximum surface area available for the animals per deck and the type of animals the vessels can transport.

1 Following an inspection, Member States’ competent authorities shall record, without undue delay, the inspection carried out on livestock vessels pursuant to Article 20(1) of Regulation (EC) No 1/2005 in the electronic database referred to in Article 3 of this Regulation.

2 The records of the inspections referred to in paragraph 1 of this Article shall contain the elements set out in Article 13(1), second subparagraph of Regulation (EU) 2017/625.

1 The Commission shall ensure that the electronic database referred to in Article 3 of this Regulation makes it possible to retrieve any relevant data recorded by the Member States’ competent authorities for the purpose of monitoring the implementation of Articles 19 and 20 of Regulation (EC) No 1/2005.

2 Member States’ competent authorities shall have access to all the information recorded in the electronic database necessary to: (a) verify that livestock vessels have a valid certificate of approval; (b) carry out well-informed decisions when inspecting livestock vessels during loading for the purposes of Article 20 of Regulation (EC) No 1/2005.

Contingency plans in the event of emergencies, submitted by transporters intending to transport animals by sea using livestock vessels pursuant to Article 11(1), point (b)(iv), of Regulation (EC) No 1/2005, shall include a risk analysis of the most likely animal welfare hazards related to such journeys.

The applicant shall send to the relevant competent authorities or body designated by a Member State the application for the certificate of approval for a livestock vessel in accordance with Article 19(1) of Regulation (EC) No 1/2005 at least 20 working days prior to the date of inspection referred to in Article 19(1), point(c), of that Regulation.

1 The competent authorities shall ensure that inspections for the purpose of granting a certificate of approval, provided for in Article 19 of Regulation (EC) No 1/2005, 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.

1 An official veterinarian shall carry out official controls on board a livestock vessel during the entire first voyage of the vessel with consignments of animals following the approval of the livestock vessel provided for in Article 19(1) of Regulation (EC) No 1/2005 and prior to the renewal of such approval.

2 The approval of the livestock vessel shall be suspended unless: (a) the controls referred in paragraph 1 demonstrate that the construction and equipment of the livestock vessel are not detrimental to the welfare of the animals on board; and (b) effective corrective measures are taken by the transporter if the results of the controls referred to in paragraph 1 identify any other deficiencies.

3 For the performance of the controls referred to in paragraph 1, the official veterinarian shall complete a report of the controls performed on board during the journey, in accordance with the model set out in the Annex.

When operations involve transport of animals by road from other Member States or long journeys by road from the place of departure to seaports, the competent authorities shall ensure that control posts approved for the relevant categories of animals, in accordance with Article 3(1), first subparagraph, of Regulation (EC) No 1255/97, are available at exit points at seaports or are within a two-hour journey by road from the exit point concerned.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Article 10 and 11 shall apply from 1 January 2024.