Text · Opinion parliamentary committee draft
On the proposal for a regulation of the European Parliament and of the Council on the protection of animals during transport and related operations, amending Council Regulation (EC) No 1255/97 and repealing Council Regulation (EC) No 1/2005
Full title
On the proposal for a regulation of the European Parliament and of the Council on the protection of animals during transport and related operations, amending Council Regulation (EC) No 1255/97 and repealing Council Regulation (EC) No 1/2005
Document PECH-PA-768036 · COM(2023)0770 – C90446/2023 – 2023/0448(COD)
- Kind
- Opinion parliamentary committee draft PECH-PA-768036
- Date
- 29 January 2025
- Committee
- Committee on Fisheries
- Rapporteur
- Isabella Lövin
- Dossier
- 2023-0448
More facts (3)
- Formats
- Official page PDF Word
- Subject matter
- IANW, TRAN
- Reference
- COM(2023)0770 – C90446/2023 – 2023/0448(COD)
In short
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AI: In short Written by AI from the official text — check the source · deepseek-flash · 25 Sept 2026
The Committee on Fisheries draft opinion responds to the Commission proposal on protecting animals during transport, welcoming the inclusion of aquatic animals but asking for changes. It seeks amendments to clarify definitions, remove unjustified derogations for CITES species, ornamental fish and direct deliveries, and add species-specific rules for aquatic animals in Annex II. It proposes 36 amendments, including a new recital to reduce live aquatic animal transport and revert to slaughter on site, and changes to articles and annexes.
Position. The Committee on Fisheries supports the Commission proposal's approach but asks for amendments to clarify definitions, remove unjustified derogations, and add species-specific rules for aquatic animals, including a new recital to reduce live transport and revert to slaughter on site.
Key points
- The rapporteur welcomes the inclusion of aquatic animals in the Commission proposal and notes broad public support for their welfare.
- The rapporteur wants the EU to avoid transporting live aquatic animals as much as possible and to increase slaughter on site.
- The rapporteur asks for amendments to clarify when provisions apply to terrestrial or aquatic animals, and to fix ambiguous definitions for aquatic animals and ornamental fish.
- The rapporteur opposes derogations for CITES-listed species, ornamental fish and direct deliveries of aquatic animals to food businesses supplying the final consumer.
- The rapporteur calls for species-specific details for aquatic species in Annex II and for timeframes for delegated acts delivering such details.
- Amendment 1 adds a recital that the EU must reduce live aquatic animal transport to a minimum and revert to slaughter on site for welfare, economic and environmental reasons.
- Amendments 2 and 7 delete the exclusion of ornamental fish from the regulation, and Amendment 8 deletes the derogation for direct deliveries to food businesses.
- Amendments 3 and 4 extend the scope to transport from or to off-shore waters.
- Amendments 5 and 6 require Annex II to apply to certain aquatic animal transports and limit the CITES derogation to species other than aquatic animals.
- Amendments 9 to 12 clarify definitions of journey, means of transport, aquatic animals and ornamental aquatic animals.
- Amendments 13 to 17 add noise to welfare hazards, specify terrestrial animals for water and feed, require gentle handling and species-appropriate water for aquatic animals, and extend approval requirements to boats for aquatic animals.
- Amendments 18 to 36 add requirements for certificates, journey planning, water parameters, delegated act deadlines, and detailed technical rules in Annex II for aquatic animals.
Who is affected
- Operators transporting aquatic animals, including by boat and towing, who must follow new handling, water quality and equipment rules.
- Ornamental fish transporters and traders, who would no longer be excluded from the regulation.
- Food businesses receiving direct deliveries of aquatic animals, as the derogation for such deliveries is removed.
- The Commission, which must adopt delegated acts with species-specific details no later than 6 months after EFSA scientific opinions.
Figures and deadlines
- 50 km, the maximum distance for transport by farmers of their own animals under the derogation.
- 72 hours, the maximum period for feed withdrawal before transport.
- 6 months, the deadline for the Commission to adopt delegated acts after EFSA scientific opinions.
- at least a week, the post-transport observation period for aquatic animals.
Text
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Jump to an amendment (36)
- Amendment 1
- Amendment 2
- Amendment 3
- Amendment 4
- Amendment 5
- Amendment 6
- Amendment 7
- Amendment 8
- Amendment 9
- Amendment 10
- Amendment 11
- Amendment 12
- Amendment 13
- Amendment 14
- Amendment 15
- Amendment 16
- Amendment 17
- Amendment 18
- Amendment 19
- Amendment 20
- Amendment 21
- Amendment 22
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- Amendment 24
- Amendment 25
- Amendment 26
- Amendment 27
- Amendment 28
- Amendment 29
- Amendment 30
- Amendment 31
- Amendment 32
- Amendment 33
- Amendment 34
- Amendment 35
- Amendment 36
Short justification
So far EU regulations on animal transport have not included aquatic animals, even though hundreds of millions of aquatic animals are transported in or to the EU every year. The current legislation on the protection of animals during transport is now twenty years old, and science has since its adoption shown not only that fish experience pain and stress, but also that they have an intricate social life. The 2021 study from the Policy Department for the European Parliament's Committee of Inquiry on the Protection of Animals during Transport (ANIT) states: “Finfish are sentient and self-aware organisms that can feel pain and distress, have long-term and short-term memory, and can experience emotions”.
The rapporteur therefore very much welcomes the addition of aquatic animals in the Commission proposal, also noting that extending the rules to aquatic animals is widely supported in society; nine out of ten Europeans think aquatic animals should have the same right to welfare as terrestrial animals. The rapporteur also wants to underline that transporting live aquatic animals in the EU should be avoided as much as possible. Increasing slaughter on site is not only sensible from an animal welfare point of view, but also for economic and environmental reasons.
Overall the rapporteur supports the approach of the regulation, however wishes to underline the following issues to be amended.
Several parts of the proposal are clearly not tailored to either the needs or the factual circumstances regarding transportation of aquatic animals, but are rather covering terrestrial animals. The rapporteur also notes that certain types of vessels have been omitted, and species derogated in the proposal, which creates uncertainty. This calls for amendments to clarify when provisions are valid for either terrestrial or aquatic animals. Likewise, some definitions provided are ambiguous such as for aquatic animals and ornamental fish.
Several of the derogations provided are without justification and do not provide a coherent approach nor do they make sense from an animal welfare point of view. To derogate CITES listed species form the regulation is without justification when in fact such transport of species should have the highest possible level of care and be subject to all parts of this regulation. Also, the total derogation of ornamental fish is not acceptable and omits that many ornamental fish are transported to be placed in ponds such as koi and carp. Finally, the rapporteur does not support the derogations of deliveries of aquatic animals to food businesses supplying the final consumer from the requirements of the regulation. Such a blanket derogation as noted above also opens up loopholes and ways for importers into the EU to bypass rules.
The proposal needs species specific details in relation to aquatic species due to their particular nature and sensitivities. Annex 2 should therefore be amended accordingly. The rapporteur further supports the Commission’s approach to improve species-specific considerations via the introduction of delegated acts. However, there is a need the set timeframes to deliver such details whenever the respective advice is available, given the foreseen timeline of the delivery of this advice.
The Committee on Fisheries submits the following to the Committee on Transport and Tourism and the Committee on Agriculture and Rural Development, as the committees responsible:
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) The overall ambition in the EU must be to reduce the transport of live aquatic animals to a minimum and revert to slaughter on site. This is not only the best from a welfare point of view but it will also result in a greatly reduced environmental impact. |
| Text proposed by the Commission | Amendment |
|---|---|
| (16) Ornamental fish are usually transported in small boxes by express couriers in bags of water especially adapted to their needs and the duration of the journey is usually less than 24 hours. Therefore, the transport of ornamental fish rarely represents a major risk for animal welfare and should be excluded from the scope of this Regulation. | deleted |
There is no scientific justification to exclude all ornamental fish from the welfare considerations in this regulation. Furthermore, many ornamental fish are not transported to be placed in an aquarium but rather to be placed alive in ponds or lakes. Such fish are transported in tanks similar to any other live fish transport.
| Text proposed by the Commission | Amendment |
|---|---|
| – from a place of departure in a third country to a place of destination in the Union; | – from a place of departure in a third country or off-shore waters to a place of destination in the Union; |
| Text proposed by the Commission | Amendment |
|---|---|
| – from a place of departure in the Union to a place of destination in a third country; and | – from a place of departure in the Union to a place of destination in a third country or off-shore waters; and |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) transport by farmers of their own animals using their own means of transport for purposes other than transhumance, for a distance of no more than 50 km from the holding in which they are kept. | (b) transport by farmers of their own animals using their own means of transport for purposes other than transhumance, for a distance of no more than 50 km from the holding in which they are kept. For aquatic animals, Annex II shall apply. |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the transport of protected species, under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)28 ; | (c) the transport of protected species other than aquatic animals, under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)28 ; |
| 28 Council Decision (EU) 2015/451 of 6 March 2015 concerning the accession of the European Union to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), OJ L 75, 19.3.2015, p. 1–3. | 28 Council Decision (EU) 2015/451 of 6 March 2015 concerning the accession of the European Union to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), OJ L 75, 19.3.2015, p. 1–3. |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) the transport of ornamental fish; | deleted |
There is no scientific justification to exclude all ornamental fish from the welfare considerations in this regulation. Furthermore, many ornamental fish are not transported to be placed in an aquarium but rather to be placed alive in ponds or lakes. Such fish are transported in tanks similar to any other live fish transport.
| Text proposed by the Commission | Amendment |
|---|---|
| (f) direct deliveries of aquatic animals to food businesses supplying the final consumer. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. ‘journey’ means the movement of animals effected by one or more means of transport starting with the loading of the first animal onto the first means of transport at the place of departure and ending with the unloading of the last animal at the place of destination, and the related operations including rest periods and transfer from one means of transport to another; | 4. ‘journey’ means the movement of animals effected by one or more means of transport starting with the loading of the first animal onto the first means of transport at the place of departure and ending with the unloading of the last animal at the place of destination, and the related operations including rest periods and transfer from one means of transport to another. When aquatic animals are towed in a cage or other type of holding unit, ‘loading’ is understood as attaching the holding unit to a means of transport; |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. ‘means of transport’ means road or rail vehicles, vessels and aircraft used for the transport of animals; | 5. ‘means of transport’ means road or rail vehicles, vessels and aircraft used for the transport of animals, and a cage or other type of holding unit where an aquatic animal is accommodated in the case of towing; |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. ‘aquatic animals’ means fish, cephalopods and decapods; | 6. ‘aquatic animals’ means vertebrate animals that live predominantly or entirely in water, cephalopods and decapods; |
| Text proposed by the Commission | Amendment |
|---|---|
| 6a. 'ornamental aquatic animals' means aquatic animals that are intended for display, exhibition, competition, or to be kept as a pet; |
Clarification on the definition of ornamental fish used by WOAH (World Organisation on Animal Health).
| Text proposed by the Commission | Amendment |
|---|---|
| (a) all necessary arrangements have been made in advance to minimise the duration of the journey so that the most common animal welfare hazards, including suffering from hunger, thirst, fatigue, injuries or thermal discomfort are minimised; | (a) all necessary arrangements have been made in advance to minimise the duration of the journey so that the most common animal welfare hazards, including suffering from hunger, thirst, noise, fatigue, injuries or thermal discomfort are minimised; |
| Text proposed by the Commission | Amendment |
|---|---|
| (i) water, feed and rest are offered to animals at regular intervals during the journey and are appropriate in quality and quantity to the animal’s species and their physiological needs; | (i) water, feed and rest are offered to terrestrial animals at regular intervals during the journey and are appropriate in quality and quantity to the animal’s species and their physiological needs; |
The proposal contains several unclear references to animals without separating between the rules for terrestrial or aquatic animals. This should be amended throughout the proposal accordingly.
| Text proposed by the Commission | Amendment |
|---|---|
| (j) aquatic animals are provided with water in sufficient volume and quality. | (j) aquatic animals are handled gently and are provided with water in sufficient volume and quality, such as species appropriate temperature and oxygen levels. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. No person shall transport animals by road or by rail for a long journey unless the means of transport has been inspected and approved in accordance with Article 12. | 1. No person shall transport animals by road or by rail, and by boat for aquatic animals for a long journey unless the means of transport has been inspected and approved in accordance with Article 12. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Paragraphs 1 and 2 shall apply to containers used in transport by road, rail or by container vessel of terrestrial animals other than domestic birds and rabbits. | 3. Paragraphs 1 and 2 shall apply to containers used in transport by road, rail or by container vessel of terrestrial animals other than domestic birds and rabbits. Same shall apply for aquatic animals with the addition of transport by boat. |
| Text proposed by the Commission | Amendment |
|---|---|
| Certificate of approval of means of transport by road or rail and of containers for large animals | Certificate of approval of means of transport by road, rail, by boat for aquatic animals, and of containers for large animals |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the means of transport has been inspected by the competent authority and found to comply with the requirements of Chapters II and VI of Annex I applicable to the design, the construction and the maintenance of means of transport by road used for long journeys. | (b) the means of transport has been inspected by the competent authority and found to comply with the requirements of Chapters II and VI of Annex I applicable to the design, the construction and the maintenance of means of transport by road used for long journeys. The same shall apply for section 1 in Annex II for aquatic animals |
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. The organisation of the journey takes into account the temperature, wind and sea conditions forecasts when relevant for the species and categories of animals concerned in accordance with Annex II |
| Text proposed by the Commission | Amendment |
|---|---|
| Obligations for organisers, transporters, drivers and attendants during transport by road or rail | Obligations for organisers, transporters, drivers and attendants during transport by road or rail, and by road, rail or boat for aquatic animals |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. During transfers from one means of transport to another, the driver or attendant shall ensure compliance with the technical rules set out in Chapters I and III of Annex I in respect of the animals being transported. | 4. During transfers from one means of transport to another, the driver or attendant shall ensure compliance with the technical rules set out in Chapters I and III of Annex I in respect of the animals being transported, and in Annex II in respect of the aquatic animals being transported. |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the water requirements, including maximum levels for water parameters, and water monitoring requirements; | (c) the water requirements, including maximum and minimum levels for water parameters, and water monitoring requirements; |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. The Commission shall adopt these delegated acts no later than 6 months after the publication of respective scientific opinions by EFSA. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1.1 Means of transport and containers used for transport of aquatic animals shall be appropriate to the species, size, weight and number of animals to be transported. | 1.1 Means of transport and containers used for transport of aquatic animals shall be appropriate to the species, size, weight and number of animals to be transported, as well as to the types of journeys that will be undertaken. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1.2 Means of transport and containers shall be maintained in good mechanical and structural condition to prevent damages of the vehicle that may directly or indirectly affect the welfare of transported aquatic animals. | 1.2 Means of transport and containers shall be maintained in good mechanical and structural condition and be properly fastened to prevent damages of the vehicle that may directly or indirectly affect the welfare of transported aquatic animals. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1.3 Means of transport and containers shall ensure adequate circulation of water and equipment for oxygenation as required to meet variations in the conditions during the journey and the needs of the animals being transported, including the closing of valves in well boats for biosecurity reasons. | 1.3 Means of transport and containers shall ensure adequate circulation of water and equipment for oxygenation and carbon dioxide removal as required to meet variations in the conditions during the journey and the needs of the animals being transported, including the closing of valves in well boats for biosecurity reasons. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1b. Pumps and pipes shall be constructed so that they are sealed and do not suck in air. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1c. Transportation units shall have entry and exit valves large enough to allow the animals to exit without being physically injured. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2.1 Aquatic animals shall not be lifted by their gills. | 2.1 Aquatic animals shall not be lifted by their gills. Handling shall be gentle. |
| Text proposed by the Commission | Amendment |
|---|---|
| (da) PH |
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. Prior to loading, water temperatures may be reduced in preparation for the journey at a rate that does not compromise welfare. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4b. Prior to transport, feed shall be withdrawn for as short a period as necessary to clear the gut and for a maximum of 72 hours. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. When using pumps, pressure and falling height shall not cause injury and allows animals to disperse without other animals landing on top of them. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6a. When transport is being carried out by towing, the speed shall be appropriate for the species, life-stage, size, weight and number of animals being transported to avoid crowding and exhaustion. |
| Text proposed by the Commission | Amendment |
|---|---|
| 8.1. The operator in charge of receiving the aquatic animals shall closely observe them during the post-transport period and keep appropriate records. | 8.1. The operator in charge of receiving the aquatic animals shall closely observe them during the post-transport period of at least a week, and keep appropriate records. |
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Sources & citation
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- Data source
- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2025). “DRAFT OPINION on the proposal for a regulation of the European Parliament and of the Council on the protection of animals during transport and related operations, amending Council Regulation (EC) No 1255/97 and repealing Council Regulation (EC) No 1/2005”. Text, 29 January 2025. docId PECH-PA-768036. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/PECH-PA-768036 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/PECH-PA-768036 (CC BY 4.0).
BibTeX
@misc{epw-text-pech-pa-768036,
author = {{European Parliament}},
title = {{DRAFT OPINION on the proposal for a regulation of the European Parliament and of the Council on the protection of animals during transport and related operations, amending Council Regulation (EC) No 1255/97 and repealing Council Regulation (EC) No 1/2005}},
year = {2025},
date = {2025-01-29},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/PECH-PA-768036}},
url = {https://news.eu-parl.st-solutions.dev/texts/PECH-PA-768036},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId PECH-PA-768036. Data: EP Open Data API: document record (CC BY 4.0)}
}