5.1.2005 Official Journal of the European Union L 3/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1/2005 of 22 December 2004 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 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Article 37 thereof, Having regard to the proposal from the Commission, Having regard to the Opinion of the European Parliament (), Having regard to the Opinion of the European Economic and Social Committee (), Following consultation of the Committee of the Regions, Whereas: (1) The Protocol on protection and welfare of animals annexed to the Treaty requires that in formulating and implementing agriculture and transport policies, the Community and the Member States are to pay full regard to the welfare requirements of animals. Under Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport (), the Council has adopted rules in the field of the trans- port of animals in order to eliminate technical barriers to trade in live animals and to allow market organisa- tions to operate smoothly, while ensuring a satisfactory level of protection for the animals concerned. The Report from the Commission to the European Parliament and the Council on the experience acquired by Member States since the implementation of Council Directive 95/29/EC of 29 June 1995 amending Directive 91/628/EEC concerning the protection of animals during transport (), as required under Directive 91/628/EEC, recommended amending current Com- munity legislation in this field. Opinion delivered on 30 March 2004 (not yet published in the Official Journal). 0] C 110, 30.4.2004, p. 135. lation (EC) No 806/2003 (O] L 122, 16.5.2003, p. 1). () OJ L 148, 30.6.1995, p. 52. () () OJ L 340, 11.12.1991, p. 17. Directive as last amended by Regu- ) Most Member States have ratified the European Conven- tion for the protection of animals during international transport and the Council has given a mandate to the Commission to negotiate on behalf of the Community the revised European Convention for the protection of animals during international transport. For reasons of animal welfare the transport of animals over long journeys, including animals for slaughter, should be limited as far as possible. The Council invited the Commission on 19 June 2001 () to submit proposals for ensuring effective implementation and strict enforcement of existing Com- munity legislation, improving the protection and welfare of animals as well as preventing the occurrence and spread of infectious animal diseases, and putting in place more stringent requirements so as to prevent pain and suffering in order to safeguard the welfare and health of animals during and after transport. On 13 November 2001, the European Parliament called on the Commission to present proposals for amending existing Community rules on the transport of livestock, in particular with a view to: — consulting the competent scientific committee on the duration of animal transport, — presenting a harmonised European model certificate for transporters; harmonising route plans for long transport, — ensuring that any member of staff handling livestock during transport has completed a training course recognised by the competent authorities, and — ensuring that veterinary checks at Community border inspection posts include comprehensive inspection of the welfare conditions in which animals are transported. () 0] C 273, 28.9.2001, p. 1.