PO12 | THE LEGAL FRAMEWORK GOVERNING THE PROTECTION OF ANIMALS DURING TRANSPORT

Chiara Rosucci^1|2, Mario Sapino², Maura Mattalia^2|3 | ¹Avvocato Libero Professionista, Ivrea, Italy; ²Università degli Studi di Torino, Master di secondo livello in diritto dei Mercati Agroalimentari, Italy; ³Università degli Studi di Torino, Facoltà di Giurisprudenza, dip. Diritto Amministrativo) Torino, Italy.

Purpose. The protection of animals during transport has progressively evolved from a sector-specific welfare issue into a fundamental component of the European agri-food chain, reflecting the growing integration of animal welfare, food safety and public health within the One Health approach. This study investigates the legal framework governing the protection of animals during transport, focusing on the relationship between Regulation (EC) No 1/2005 and Regulation (EU) 2017/625 on official controls. The research aims to assess whether the current legislative framework supports a systematic interpretation of animal welfare during transport within the integrated system of official controls governing the agri-food chain, and to identify the legal and operational implications arising from such an approach.

Methods. The study adopts a systematic legal methodology based on the analysis of European and Italian legislation, institutional guidance, administrative practice and recent case law. Particular attention is devoted to the interaction between Regulation (EC) No 1/2005, Regulation (EU) 2017/625 and the Italian implementing legislation (Legislative Decrees No 27/2021 and No 151/2007). The analysis also considers official guidance issued by competent authorities, recent administrative enforcement practices and the proposed revision of Regulation (EC) No 1/2005, with the aim of evaluating the consistency of the current regulatory framework with the principles governing official controls throughout the agri-food chain.

Results. The analysis revealed that the current legal framework is characterised by significant interpretative fragmentation between the substantive rules governing animal transport and the general system of official controls. Although Regulation (EU) 2017/625 expressly includes animal welfare within the scope of official controls, administrative practice and judicial decisions continue to apply the transport legislation through heterogeneous approaches, particularly regarding the allocation of competences, the exercise of inspection powers, the applicability of corrective measures to remediable non-compliances and the coordination between Regulation (EC) No 1/2005 and the Italian implementing legislation. These inconsistencies generate legal uncertainty, uneven enforcement among competent authorities and divergent administrative outcomes, reducing the overall effectiveness and predictability of the official control system.

Conclusions. The findings support the need for a systematic reinterpretation of animal transport legislation within the integrated framework established by Regulation (EU) 2017/625. Rather than requiring entirely new enforcement mechanisms, greater legal coherence could be achieved through a clearer coordination between substantive animal welfare rules, official control procedures and national implementing measures. In this perspective, the ongoing revision of Regulation (EC) No 1/2005 offers an opportunity to clarify the relationship between sector-specific legislation and the official control framework, promote more consistent enforcement across Member States and further consolidate the One Health approach as a guiding principle of European agri-food law.