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Space allowance
5.—(1) Without prejudice to the generality of article 4(1), no person shall transport any animal on a journey of over 50 km in a way which is likely to cause injury or unnecessary suffering because of the amount of space available to each animal.
(2) In deciding whether or not the space available is adequate, a transporter shall—
(a)have regard to the limits set out in Chapter VI of Council Directive 91/628/EEC (on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC()); and
(b)consider the animal’s weight, size and physical condition, the means of transport, the weather conditions and the likely journey time.
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