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Council Regulation (EC) No 1/2005Dangos y teitl llawn

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

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Changes over time for: Council Regulation (EC) No 1/2005 (without Annexes)

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CHAPTER IU.K.SCOPE, DEFINITIONS AND GENERAL CONDITIONS FOR THE TRANSPORT OF ANIMALS

Article 1U.K.Scope

1.This Regulation shall apply to the transport of live vertebrate animals carried out within [F1Great Britain], including the specific checks to be carried out by officials on consignments entering or leaving F2... [F1Great Britain].

2.Only [F3Article 3] shall apply to:

(a)the transport of animals carried out by farmers using agricultural vehicles or means of transport belonging to them in cases where the geographical circumstances call for transport for seasonal transhumance of certain types of animals;

(b)transport carried out by farmers, of their own animals, in their own means of transport for a distance of less than 50 km from their holding.

F43.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.This Regulation shall not apply to the transport of animals which does not take place in connection with an economic activity and to the transport of animals directly to or from veterinary practices or clinics, under the advice of a veterinarian.

Textual Amendments

F2Words in Art. 1(1) omitted (31.12.2020) by virtue of The Animal Welfare (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/802), regs. 1, 3(2)(a)(ii) (as substituted by S.I. 2020/1590), regs. 1(1)(b)(i), 2(8)); 2020 c. 1, Sch. 5 para. 1(1)

Article 2U.K.Definitions

[F6(1)]For the purposes of this Regulation the following definitions shall apply:

(a)

‘animals’ means live vertebrate animals;

(b)

‘assembly centres’ means places such as holdings, collection centres and markets, at which domestic Equidae or domestic animals of bovine, ovine, caprine or porcine species originating from different holdings are grouped together to form consignments;

(c)

‘attendant’ means a person directly in charge of the welfare of the animals who accompanies them during a journey;

(d)

[F7‘border inspection post’ means a border control post as defined in Article 3(38) of Regulation (EU) 2017/625 of the European Parliament and of the Council(1) on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products;]

(e)

‘[F8retained EU] veterinary legislation’ means legislation listed in [F9Annex 2A to this Regulation] and any subsequent implementing rules;

(f)

‘[F10competent authority’ means [F11“the competent authority” within the meaning given] in Article 3(3) of Regulation [X1(EU) 2017/625];]

(g)

‘container’ means any crate, box, receptacle or other rigid structure used for the transport of animals which is not a means of transport;

(h)

‘control posts’ means control posts as referred to in Regulation (EC) No 1255/97;

(i)

‘[F10exit point’ means an exit point as defined in Article 3(39) of Regulation [X1(EU) 2017/625];]

(j)

‘journey’ means the entire transport operation from the place of departure to the place of destination, including any unloading, accommodation and loading occurring at intermediate points in the journey;

(k)

‘keeper’ means any natural or legal person, except a transporter, in charge of or handling animals whether on a permanent or temporary basis;

(l)

‘livestock vessel’ means a vessel which is used or intended to be used for the carriage of domestic Equidae or domestic animals of bovine, ovine, caprine or porcine species other than a roll-on-roll-off vessel, and other than a vessel carrying animals in moveable containers;

(m)

‘long journey’ means a journey that exceeds 8 hours, starting from when the first animal of the consignment is moved;

(n)

‘means of transport’ means road or rail vehicles, vessels and aircraft used for the transport of animals;

(o)

‘navigation systems’ means satellite-based infrastructures providing global, continuous, accurate and guaranteed timing and positioning services or any technology providing services deemed equivalent for the purpose of this Regulation;

(p)

‘[F10official veterinarian’ means an official veterinarian as defined in Article 3(32) of Regulation [X1(EU) 2017/625] ;]

(q)

‘organiser’ means:

(i)

a transporter who has subcontracted to at least one other transporter for a part of a journey; or

(ii)

a natural or legal person who has contracted to more than one transporter for a journey; or

(iii)

a person who has signed Section 1 of the journey log as set out in [F12the form published by an Appropriate Minister from time to time];

(r)

‘place of departure’ means the place at which the animal is first loaded on to a means of transport provided that it had been accommodated there for at least 48 hours prior to the time of departure.

However, assembly centres approved in accordance with [F13retained EU] veterinary legislation may be considered as place of departure provided that:

(i)

the distance travelled between the first place of loading and the assembly centre is less than 100 km; or

(ii)

the animals have been accommodated with sufficient bedding, untied, if possible, and watered for at least six hours prior to the time of departure from the assembly centre;

(s)

‘place of destination’ means the place at which an animal is unloaded from a means of transport and

(i)

accommodated for at least 48 hours prior to the time of departure; or

(ii)

slaughtered;

(t)

‘place of rest or transfer’ means any stop during the journey which is not a place of destination, including a place where animals have changed the means of transport, with or without being unloaded;

(u)

[F14‘registered Equidae’:

(i)

for equidae registered in Great Britain, has the meaning given in Article 2(e) of Commission Implementing Regulation (EU) 2015/262;

(ii)

for all other registered equidae, has the meaning given in Article 2(c) of Council Directive 2009/156/EC;]

(v)

‘roll-on-roll-off vessel’ means a sea-going vessel with facilities to enable road or rail vehicles to roll on and roll off the vessel;

(w)

‘transport’ means the movement of animals effected by one or more means of transport and the related operations, including loading, unloading, transfer and rest, until the unloading of the animals at the place of destination is completed;

(x)

‘transporter’ means any natural or legal person transporting animals on his own account, or for the account of a third party;

(y)

‘unbroken Equidae’ means Equidae that cannot be tied or led by a halter without causing avoidable excitement, pain or suffering;

(z)

‘vehicle’ means a means of transport fitted with wheels which is propelled or towed;

(z1)

[F15‘Appropriate Minister’ means:

(i)

in relation to England, the Secretary of State;

(ii)

in relation to Wales, the Welsh Ministers;

(iii)

in relation to Scotland, the Scottish Ministers;

(z2)

‘third country’ means any country other than the British Islands;

(z3)

‘EU Council Regulation’ means Council Regulation (EC) No 1/2005 as it has effect in EU law as amended from time to time;]

Editorial Information

Textual Amendments

[F16 Article 2aU.K.Definition of the appropriate authority

1.Subject to paragraph 2, ‘the appropriate authority’ means—

(a)

for regulations applying in relation to England, the Secretary of State;

(b)

for regulations applying in relation to Wales, the Welsh Ministers;

(c)

for regulations applying in relation to Scotland, the Scottish Ministers;

2.‘The appropriate authority is the Secretary of State if consent is given by—

(a)

for regulations applying in relation to Wales, the Welsh Ministers;

(b)

for regulations applying in relation to Scotland, the Scottish Ministers;]

Textual Amendments

[F17Article 2bU.K. Authorisations and certificates issued in the Channel Islands and the Isle of Man

For the purposes of Chapter 2 and Chapter 3 of, and Annex 2 to, this Regulation, a transporter authorisation, certificate of competence or certificate of approval granted or issued in the Channel Islands or the Isle of Man is to be recognised as if it were issued by [F18the competent authority] in Great Britain.]

Textual Amendments

Article 3U.K.General conditions for the transport of animals

No person shall transport animals or cause animals to be transported in a way likely to cause injury or undue suffering to them.

In addition, the following conditions shall be complied with:

(a)

all necessary arrangements have been made in advance to minimise the length of the journey and meet animals' needs during the journey;

(b)

the animals are fit for the journey;

(c)

the means of transport are designed, constructed, maintained and operated so as to avoid injury and suffering and ensure the safety of the animals;

(d)

the loading and unloading facilities are adequately designed, constructed, maintained and operated so as to avoid injury and suffering and ensure the safety of the animals;

(e)

the personnel handling animals are trained or competent as appropriate for this purpose and carry out their tasks without using violence or any method likely to cause unnecessary fear, injury or suffering;

(f)

the transport is carried out without delay to the place of destination and the welfare conditions of the animals are regularly checked and appropriately maintained;

(g)

sufficient floor area and height is provided for the animals, appropriate to their size and the intended journey;

(h)

water, feed and rest are offered to the animals at suitable intervals and are appropriate in quality and quantity to their species and size.

CHAPTER IIU.K.ORGANISERS, TRANSPORTERS, KEEPERS AND ASSEMBLY CENTRES

Article 4U.K.Transport documentation

1.No person shall transport animals without carrying documentation in the means of transport stating:

(a)their origin and their ownership;

(b)their place of departure;

(c)the date and time of departure;

(d)their intended place of destination;

(e)the expected duration of the intended journey.

2.The transporter shall make the documentation provided for in paragraph 1 available to the F19... competent authority upon request.

Textual Amendments

F19Word in Regulation omitted (E.W.S.) (20.7.2022) by virtue of The Animal Welfare (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/846), regs. 1, 4(2)(b)

Article 5U.K.Planning obligations for the transport of animals

1.No person shall contract or subcontract the transport of animals except to transporters authorised in accordance with Article 10(1) or Article 11(1) [F20of this Regulation or authorised in Northern Ireland in accordance with Article 10(1) or 11(1) of the EU Council Regulation].

2.Transporters shall identify a natural person responsible for the transport and ensure that information on the planning, execution and completion of the part of the journey under their control can be obtained at any time.

3.Organisers shall ensure that for each journey:

(a)the welfare of the animals is not compromised by insufficient coordination of the different parts of the journey; and the weather conditions are taken into account; and

(b)a natural person is responsible for providing information on the planning, execution and completion of the journey to the F19... competent authority at any time.

4.For long journeys between [F21Great Britain and] third countries for domestic Equidae other than registered Equidae, and domestic animals of bovine, ovine, caprine and porcine species, transporters and organisers shall comply with the provisions on the journey log set out in [F22the form published by an Appropriate Minister from time to time].

Textual Amendments

F19Word in Regulation omitted (E.W.S.) (20.7.2022) by virtue of The Animal Welfare (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/846), regs. 1, 4(2)(b)

Article 6U.K.Transporters

[F231.No person shall act as a transporter unless that person holds:

(a)an authorisation issued by [F18the competent authority] pursuant to Article 10(1) or, for long journeys, Article 11(1), of this Regulation, or

(b)an authorisation issued in Northern Ireland, where that authorisation is issued pursuant to Article 10(1), or for long journeys, Article 11(1) of the EU Council Regulation.]

[F241A.A copy of the authorisation shall be made available to the F19... competent authority when the animals are transported.]

2.Transporters shall notify to the F19... competent authority any changes in relation to the information and documents referred to in Article 10(1) or, for long journeys, Article 11(1), no more than 15 working days from the date the changes took place.

3.Transporters shall transport animals in accordance with the technical rules set out in Annex I.

[F254.Transporters must entrust the handling of the animals to personnel who have:

(a)received training on the relevant provisions of Annex 1 to this Regulation and the form to be published by the Appropriate Minister from time to time, or

(b)received training in Northern Ireland on the relevant provisions of Annexes 1 and 2 of the EU Council Regulation.]

[F265.No person shall drive, or act as an attendant on a road vehicle transporting domestic Equidae or domestic animals of bovine, ovine, caprine or porcine species or poultry unless he holds a certificate of competence pursuant to:

(a)Article 17(2) of this Regulation, or

(b)a certificate of competence issued in Northern Ireland pursuant to the EU Council Regulation;]

[F275A.The certificate of competence shall be made available to the F19... competent authority when the animals are transported.]

6.Transporters shall ensure that an attendant accompanies any consignment of animals except in the following cases:

(a)where animals are transported in containers which are secured, adequately ventilated and, where necessary, contain enough food and water, in dispensers which cannot be tipped over, for a journey of twice the anticipated journey time;

(b)where the driver performs the functions of attendant.

7.Paragraphs 1, 2, 4 and 5 shall not apply to persons transporting animals up to a maximum distance of 65 km counted from the place of departure to the place of destination.

8.Transporters shall make available to the F19... competent authority the certificate of approval as provided for in Article 18(2) or 19(2) of this Regulation or, where the certificate of approval was issued in Northern Ireland, Article 18(2) or 19(2) of the EU Council Regulation.

9.Transporters of domestic Equidae, except registered Equidae, and domestic animals of the bovine, ovine, caprine and porcine species over long road journeys shall use a navigation system as referred to in Annex I, Chapter VI, paragraph 4.2 F28... They shall keep the records obtained by such navigation system for at least three years and shall make them available to the F19... competent authority upon request, in particular when the checks referred to in Article 15(4) are carried out. [F29The appropriate authority may, by regulations, specify further details concerning this paragraph.] F30...

Textual Amendments

F19Word in Regulation omitted (E.W.S.) (20.7.2022) by virtue of The Animal Welfare (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/846), regs. 1, 4(2)(b)

Article 7U.K.Prior inspection and approval of means of transport

1.No person shall transport animals by road for a long journey unless the means of transport has been inspected and approved under Article 18(1) [F31of this Regulation or has been inspected and approved in Northern Ireland under Article 18(1) of the EU Council Regulation].

2.No person shall transport by sea, for more than 10 nautical miles, domestic Equidae and domestic animals of bovine, ovine, caprine or porcine species from a [F32port in Great Britain] unless the livestock vessel has been inspected and approved under Article 19(1) [F33of this Regulation or has been inspected and approved in Northern Ireland under Article 19(1) of the EU Council Regulation].

3.The provisions of paragraph 1 and paragraph 2 apply to containers used for the transport of domestic Equidae or domestic animals of bovine, ovine, caprine or porcine species by road and/or by water, for long journeys.

Textual Amendments

Article 8U.K.Keepers

1.Keepers of animals at the place of departure, transfer or destination shall ensure that the technical rules set out in Chapters I and III, section 1, of Annex I in respect of the animals being transported are met.

2.Keepers shall check all animals arriving at a place of transit or a place of destination and determine if the animals are or have been subject to a long journey between [F34Great Britain and a third country]. In the case of long journeys [F35between Great Britain and third countries] for domestic Equidae, other than registered Equidae, and domestic animals of bovine, ovine, caprine and porcine species, keepers shall comply with the provisions on the journey log set out in [F36the form published by an Appropriate Minister from time to time].

Textual Amendments

Article 9U.K.Assembly centres

1.Operators of assembly centres shall ensure that animals are treated in accordance with the technical rules set out in Chapters I and III, section 1, of Annex I.

2.Operators of assembly centres that are approved in accordance with [F37retained EU] veterinary legislation shall in addition:

(a)entrust the handling of animals only to personnel who have followed training courses on the relevant technical rules set out in Annex I [F38or have followed training courses in Northern Ireland on the relevant technical rules set out in Annex I of the EU Regulation];

(b)regularly inform people admitted to the assembly centre of their duties and obligations under this Regulation and of the penalties for any infringement;

(c)make permanently available to people admitted to the assembly centre the details of [F18the competent authority] to whom any possible infringement of the requirements of this Regulation are to be notified;

(d)in case of non-compliance with this Regulation by any person present at the assembly centre, and without prejudice to any action taken by [F18the competent authority], take the necessary measures to remedy the non-compliance observed and to prevent its recurrence;

(e)adopt, monitor and enforce the necessary internal rules in order to ensure compliance with points (a) to (d).

Textual Amendments

CHAPTER IIIU.K.DUTIES AND OBLIGATIONS OF THE COMPETENT AUTHORITIES

Article 10U.K.Requirements for transporter authorisation

1.[F18The competent authority] shall grant authorisations to transporters provided that:

(a)the applicants are established, or in case of applicants established in a third country, are represented, in [F39Great Britain];

(b)the applicants have demonstrated that they have sufficient and appropriate staff, equipment and operational procedures at their disposal to enable them to comply with this Regulation, including where appropriate Good Practice Guides;

(c)the applicants or their representatives have no record of serious infringements of [F40retained EU law] and/or F41... legislation on the protection of animals in the three years preceding the date of the application. This provision shall not apply where the applicant demonstrates to the satisfaction of the F19[F42... competent authority] that it has taken all necessary measures to avoid further infringements.

2.[F18The competent authority] shall issue authorisations as provided for in paragraph 1 in accordance with the [F43form published by the Appropriate Minister from time to time]. Such authorisations shall be valid for not more than five years from the date of issue and shall not be valid for long journeys.

Textual Amendments

F19Word in Regulation omitted (E.W.S.) (20.7.2022) by virtue of The Animal Welfare (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/846), regs. 1, 4(2)(b)

Article 11U.K.Requirements for long journeys transporter authorisations

1.[F18The competent authority] shall grant authorisations to transporters carrying out long journeys upon application, provided that:

(a)they comply with the provisions of Article 10(1);

(b)the applicants have submitted the following documents:

(i)

valid certificates of competence for drivers and attendants [F44for all drivers and attendants carrying out long journeys, as provided for in Article 17(2) of this Regulation or, where the certificate of competence has been issued in Northern Ireland, Article 17(2) of the EU Council Regulation];

(ii)

valid certificates of approval [F45for all means of transport by road to be used for long journeys, as provided for in Article 18(2) of this Regulation or, where the certificate of approval has been issued in Northern Ireland, Article 18(2) of the EU Council Regulation];

(iii)

details of the procedures enabling transporters to trace and record the movements of road vehicles under their responsibility and to contact the drivers concerned at any time during long journeys;

(iv)

contingency plans in the event of emergencies.

2.For the purpose of paragraph 1(b)(iii) transporters carrying on long journeys of domestic Equidae, other than registered Equidae, and domestic animals of the bovine, ovine, caprine and porcine species, shall demonstrate that they use the navigation system referred to in Article 6(9):

F46(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.[F18The competent authority] shall issue such authorisations in accordance with the specimen [F48form published by the Appropriate Minister from time to time]. Such authorisations shall be valid for not more than five years from the date of issue and shall be valid for all journeys, including long journeys.

Textual Amendments

Article 12U.K.Limitation on applications for authorisation

Transporters shall apply for an authorisation pursuant to Article 10 or to Article 11 to no more than one competent authority F49....

Textual Amendments

Article 13U.K.Issue of authorisations by [F18the competent authority]

1.[F18The competent authority] may limit the scope of an authorisation [F50issued by it under] Article 10(1) or for long journeys, in Article 11(1) according to criteria that may be verified during transport.

2.[F18The competent authority] shall issue each authorisation provided for in Article 10(1) or for long journeys, in Article 11(1) with a number unique in [F51Great Britain]. The authorisation shall be drawn up in [F52English and other languages may also appear].

3.[F18The competent authority] shall record authorisations [F53issued by it under] Article 10(1) or Article 11(1) in a manner enabling the competent [F54authorities] to identify transporters rapidly, in particular in the event of failure to comply with the requirements of this Regulation.

[F554.The F19... competent authority shall record authorisations it has issued pursuant to Article 11(1) in an electronic database. The transporter's name and authorisation number shall be made publicly available by the issuing competent authority during the period of validity of the authorisation. Subject to rules regarding privacy protection, public access to other data in relation to transporters' authorisations shall be granted by the F19... competent authority.]

Textual Amendments

F19Word in Regulation omitted (E.W.S.) (20.7.2022) by virtue of The Animal Welfare (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/846), regs. 1, 4(2)(b)

[F56 Article 14U.K. Checks and other measures related to journey log to be carried out by the competent authority before long journeys

1.In the case of long journeys between Member States and with third countries for domestic Equidae and domestic animals of bovine, ovine, caprine and porcine species, the competent authority of the place of departure shall:

(a)carry out appropriate checks to verify that:

(i)

transporters indicated in the journey log have the corresponding valid transporter authorisations, the valid certificates of approval for means of transport for long journeys and valid certificates of competence for drivers and attendants;

(ii)

the journey log submitted by the organiser is realistic and indicates compliance with this Regulation;

(b)where the outcome of the checks provided for in point (a) is not satisfactory, require the organiser to change the arrangements for the intended long journey so that it complies with this Regulation;

(c)where the outcome of the checks provided for in point (a) is satisfactory, the competent authority shall stamp the journey log;

(d)send details as soon as possible of the intended long journeys set out in the journey log to the competent authority of the place of destination, of the exit point or of the control post via the information exchange system referred to in Article 20 of Directive 90/425/EEC.

2.By way of derogation to paragraph 1(c), the stamping of the journey log shall not be required for transports using the system referred to in Article 6(9).

Textual Amendments

F56Deleted (with savings) by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance), Art. 154

Modifications etc. (not altering text)

Article 15U.K. Checks to be carried out by the competent authority at any stage of a long journey

1.The competent authority shall carry out at any stage of the long journey appropriate checks on a random or targeted basis to verify that declared journey times are realistic and that the journey complies with this Regulation and in particular that travel times and rest periods have complied with the limits set out in Chapter V of Annex I.

2.In the case of long journeys between Member States and with third countries, the checks at the place of departure for fitness for transport, as referred to in Chapter I of Annex I, shall be performed before the loading as part of the animal health checks as set out in the corresponding veterinary Community legislation, within the time limits provided by such legislation.

3.When the place of destination is a slaughterhouse, the checks provided for in paragraph 1 may be performed as part of the animal welfare inspection as set out in Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption.

4.The records of the movements of the means of transport by road obtained from navigation system may be used for carrying out these checks where appropriate.

Textual Amendments

F56Deleted (with savings) by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance), Art. 154

Modifications etc. (not altering text)

Article 16U.K. Training of staff and equipment of the competent authority

The competent authority shall ensure that its staff are duly trained and equipped to check data recorded by:

  • the recording equipment for road transport as provided for by Regulation (EEC) No 3821/85;

  • the navigation system.]

Textual Amendments

F56Deleted (with savings) by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance), Art. 154

Modifications etc. (not altering text)

Article 17U.K.Training courses and certificate of competence

1.Training courses shall be available for personnel of transporters and assembly centres for the purposes of Article 6(4) [F57(a)] and Article 9(2)(a).

[F582.The certificate of competence for drivers and attendants of road vehicles transporting domestic Equidae or domestic animals of bovine, ovine, caprine or porcine species or poultry as referred to in Article 6(5)(a) shall be granted in accordance with Annex IV. The certificate of competence shall be drawn up in English and other languages may also appear. The certificate of competence shall be issued by [F18the competent authority] and in accordance with the form published by an Appropriate Minister from time to time. The scope of the said certificate of competence may be limited to a specific species or group of species.]

Textual Amendments

Article 18U.K.Certificate of approval of means of transport by road

1.[F18The competent authority] shall grant a certificate of approval for means of transport by road used for long journeys upon application, provided that the means of transport:

(a)are not the subject of an application submitted to or an approval by another competent authority F59...;

(b)have been inspected by [F18the 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.

2.[F60[F18The competent authority] shall issue each certificate with a number unique in Great Britain and in accordance with the form published by an Appropriate Minister from time to time. The certificate shall be drawn up in English and other languages may also appear.] Certificates shall be valid for a period of not more than five years from the date of issue and shall become invalid as soon as the means of transport are modified or refitted in a way that affects the welfare of the animals.

3.[F61The issuing competent authority] shall record the certifications of the approval of the means of transport by road for long journeys in an electronic database F62....

4.[F63The appropriate authority may, by regulations] grant derogations to the provisions of this Article and to the provisions of Chapter V, paragraph 1.4, point (b) and Chapter VI of Annex I for means of transport by road in respect of journeys not exceeding 12 hours in order to reach the final place of destination.

Textual Amendments

Article 19U.K.Certificate of approval of livestock vessels

1.[F18The competent authority] shall grant a certificate of approval for a livestock vessel upon application, provided that the vessel is:

(a)operated from [F64Great Britain];

(b)is not the subject of an application submitted to or an approval by another competent authority F65...;

(c)has been inspected by [F18the competent authority] and found to comply with the requirements of Section 1 of Chapter IV of Annex I regarding the construction and equipment for livestock vessels.

[F662.[F18The competent authority] shall issue each certificate with a number unique in Great Britain. The certificate shall be drawn up in English and other languages may also appear. Certificates shall be valid for a period of not more than five years from the date of issue and shall become invalid as soon as the means of transport are modified or refitted in a way that affects the welfare of the animals.]

3.[F18The competent authority] shall record approved livestock vessels in a manner enabling them to be rapidly identified, in particular in the event of failure to comply with this Regulation.

4.[F18The competent authority] shall record the certifications of the approval of livestock vessels in an electronic database, in a manner enabling them to be rapidly identified, in particular in the event of failure to comply with the requirements of this Regulation.

Textual Amendments

Article 20U.K.Livestock vessel inspection on loading and unloading

1.The F19... competent authority shall inspect livestock vessels before any loading of animals in order to verify in particular that:

(a)the livestock vessel is built and equipped for the number and the type of animals to be transported;

(b)compartments where animals are to be accommodated remain in a good state of repair;

(c)the equipment referred to in Chapter IV of Annex I remains in good working order.

2.The F19... competent authority shall inspect the following before and during any loading/unloading of livestock vessels to ensure that:

(a)the animals are fit to continue their journey;

(b)loading/unloading operations are being carried out in compliance with Chapter III of Annex I;

(c)feed and water arrangements are in accordance with Section 2 of Chapter IV of Annex I.

Textual Amendments

F19Word in Regulation omitted (E.W.S.) (20.7.2022) by virtue of The Animal Welfare (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/846), regs. 1, 4(2)(b)

[F56 Article 21U.K. Checks at exit points and border inspection posts

1.Without prejudice to the checks provided for in Article 2 of [F67Regulation (EC) No 817/2010], where animals are presented at exit points or border inspection posts, official veterinarians of [F18the competent authority] shall check that the animals are transported in compliance with this Regulation and in particular:

(a)that transporters have submitted a copy of a valid authorisation as provided for in

[F68(i)Article 10(1) of this Regulation or, where the authorisation has been issued in Northern Ireland, Article 10(1) of the EU Council Regulation, or

(ii)for long journeys, Article 11(1) of this Regulation or, where the authorisation has been issued in Northern Ireland, Article 11(1) of the EU Council Regulation];

(b)that drivers of road vehicles transporting domestic Equidae, domestic animals of bovine, ovine, caprine or porcine species or poultry and attendants have presented a valid certificate of competence as provided for in Article 17(2) [F69or, where the certificate of competence has been issued in Northern Ireland, Article 17(2) of the EU Council Regulation];

(c)that the animals are fit to continue their journey;

(d)that the means of transport by which the animals are to continue their journey complies with Chapter II and where applicable Chapter VI of Annex I;

(e)that, in case of export, transporters have provided evidence that the journey from the place of departure to the first place of unloading in the country of final destination complies with any international agreement listed in Annex V applicable in the third countries concerned;

(f)whether domestic Equidae and domestic animals of bovine, ovine, caprine and porcine species have been or are to be transported over long journeys.

2.In the case of long journeys for domestic Equidae and domestic animals of bovine, ovine, caprine and porcine species, official veterinarians of exit points and border inspection posts shall perform and record the checks listed in Section 3 ‘Place of destination’ of the journey log in [F70accordance with the form published by an Appropriate Minister from time to time]. Records of those checks and the check provided for in paragraph 1 shall be kept by the competent authority for a period of at least three years from the date of the checks, including a copy of the corresponding record sheet [F71as defined in Regulation (EU) No 165/2014] if the vehicle is covered by that Regulation.

3.Where the F19... competent authority considers that animals are not fit to complete their journey, they shall be unloaded, watered, fed and rested.]

Textual Amendments

F19Word in Regulation omitted (E.W.S.) (20.7.2022) by virtue of The Animal Welfare (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/846), regs. 1, 4(2)(b)

F56Deleted (with savings) by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance), Art. 154

Article 22U.K.Delay during transport

1.[F18The competent authority] shall take the necessary measures to prevent or reduce to a minimum any delay during transport or suffering by animals when unforeseeable circumstances impede the application of this Regulation. [F18The competent authority] shall ensure that special arrangements are made at the place of transfers, exit points and border inspection posts to give priority to the transport of animals.

F562.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56Deleted (with savings) by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance), Art. 154

CHAPTER IVU.K.ENFORCEMENT AND EXCHANGE OF INFORMATION

[F56 Article 23U.K. Emergency measures in the event of non-compliance with this Regulation by transporters

1.Where [F18the competent authority] finds that any provision of this Regulation is not being complied with, or has not been complied with, it shall take, or require the person responsible for the animals to take, any necessary action required to safeguard the welfare of the animals.

Such action shall not be likely to cause unnecessary or additional suffering to the animals and shall be proportionate to the seriousness of the risks involved. The Competent authority shall recover the costs of such action in the appropriate manner.

2.Depending on the circumstances of each case, such action may include:

(a)a change of driver or attendant;

(b)temporarily repairing the means of transport so as to prevent immediate injury to the animals;

(c)transferring the consignment or part of it to another means of transport;

(d)returning the animals to their place of departure by the most direct route, or allow the animals to continue to their place of destination by the most direct route, whichever is in the best interest of the welfare of the animals;

(e)unloading the animals and holding them in suitable accommodation with appropriate care until the problem is resolved.

Where there is no other means of safeguarding the welfare of the animals, they shall be humanely killed or euthanised.

3.Where action is to be taken due to non-compliance with this Regulation as referred to in paragraph 1, and it is necessary to transport the animals in breach of some of the provisions of this Regulation, the competent authority shall issue an authorisation for the transport of the animals. The authorisation shall identify the animals concerned and define the conditions under which they may be transported until this Regulation is fully complied with. Such authorisation shall accompany the animals.

4.The competent authority shall immediately arrange to have the necessary measures carried out if the person responsible for the animals cannot be contacted or fails to comply with instructions.

5.Decisions taken by the competent authorities and the reasons for such decisions shall be notified as soon as possible to the transporter or his representative and to the competent authority which granted the authorisation as provided for in Article 10(1) or Article 11(1). If necessary the competent authorities shall provide assistance to the transporter to facilitate implementation of the required emergency measures.]

Textual Amendments

F56Deleted (with savings) by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance), Art. 154

Modifications etc. (not altering text)

F56F72Article 24U.K. Mutual assistance and exchange of information

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56Deleted (with savings) by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance), Art. 154

F73Article 25U.K.Penalties

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F56 Article 26U.K. Infringements and notification of infringements

1.In the case of any infringements of this Regulation, the competent authority shall take the specific measures provided for in paragraphs 2 to 7.

2.Where [F18the competent authority] establishes that a transporter has not observed, or a means of transport does not comply with this Regulation, it shall notify without delay the competent authority which granted the authorisation to the transporter or the certificate of approval of the means of transport and, where the driver is involved in the failure to observe the requirements of this Regulation, the one that issued the driver's certificate of competence. Any relevant data and documents shall accompany such notification.

3.Where [F18the competent authority] of a place of destination finds that the journey took place in breach of this Regulation, it shall notify without delay the competent authority of the place of departure. Any relevant data and documents shall accompany such notification.

4.Where [F18the competent authority] establishes that a transporter has not observed, or a means of transport does not comply with this regulation, or where [F18the competent authority] receives a notification as provided for in paragraph (2) or (3) it shall, if appropriate:

(a)require the transporter concerned to remedy the breaches observed and establish systems to prevent their recurrence;

(b)subject the transporter concerned to additional checks, in particular requiring the presence of a veterinarian at loading of the animals;

(c)suspend or withdraw the authorisation of the transporter or the certificate of approval of the means of transport concerned.

5.In the case of infringement of this Regulation by a driver or attendant holding a certificate of competence as provided for in Article 17(2), the competent authority may suspend or withdraw the certificate of competence, in particular if the infringement shows that the driver or attendant lacks sufficient knowledge or awareness to transport animals in compliance with this Regulation.

6.In the case of repeated or serious infringements of this Regulation, a Member State may temporarily prohibit the transporter or means of transport concerned from transporting animals on its territory, even if the transporter or the means of transport is authorised by another Member State, provided that all the possibilities afforded by mutual assistance and exchange of information as provided for in Article 24 have been exhausted.

7.Member States shall ensure that all the contact points as provided for in Article 24(2) are notified without delay of any decision taken under paragraph 4(c), or paragraphs 5 or 6 of this Article.]

Textual Amendments

F56Deleted (with savings) by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance), Art. 154

Modifications etc. (not altering text)

F74Article 27U.K.Inspections and annual reports by the competent authorities

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56Article 28U.K. [F56On-the-spot checks]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56Deleted (with savings) by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance), Art. 154

Article 29U.K.Guides to good practice

[F75The Appropriate Minister] shall encourage the development of guides to good practice which shall include guidance on compliance with this Regulation and in particular with Article 10(1). F76...

Textual Amendments

[F77 Article 29aU.K.Documents

The Appropriate Minister may publish from time to time and in such manner as appears to the Appropriate Minister to be appropriate from time to time model documents for any journey logs, transporter authorisations, forms, certificates of approval and certificates of competence which are required to accompany the transportation of consignments of animals.]

Textual Amendments

CHAPTER VU.K.IMPLEMENTING POWERS AND F78... PROCEDURE

Article 30U.K.Amendment of the Annexes and implementing rules

1.[F79The appropriate authority may, by regulations, amend the Annexes to the Regulation], with a view in particular to their adaptation to technological and scientific progressF80....

2.[F81The appropriate authority may, by regulations, provide any] detailed rules necessary for the implementation of this Regulation F82....

3.Certificates or other documents provided for by the [F83retained EU] veterinary legislation for live animals may be supplemented [F84by the appropriate authority, by regulations,] in order to take into account of the requirements of this Regulation.

4.[F85The appropriate authority may, by regulations, extend the obligation] to hold a certificate of competence as provided for in Article 6(5) F86... to drivers or attendants of other domestic species F87....

5.Derogations from paragraph 2(e) of Chapter I of Annex I may be adopted by [F88the appropriate authority, through regulations,] in case of exceptional market support measures due to movement restrictions under veterinary disease control measures. F89...

6.Derogations concerning requirements for long journeys to take account of the remoteness of certain regions from the mainland of [F90Great Britain], may be adopted [F91by the appropriate authority, through regulations].

F927.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F938.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F94Article 30aU.K.Regulations: general

1.Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

4.A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

5.A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6.Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

8.Regulations made under this Regulation may—

(a)

contain consequential, incidental, supplementary, transitional or saving provision, including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1)of the European Union (Withdrawal) Act 2018);

(b)

make different provision for different purposes.

9.Before making any regulations under this Regulation, an appropriate authority must consult—

(a)

such bodies or persons as appear to the appropriate authority to be representative of the interests likely to be substantially affected by the regulations;

(b)

such other bodies or persons as the appropriate authority may consider appropriate.]

Textual Amendments

F95Article 31U.K.Committee procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F96Article 32U.K.Report

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Textual Amendments

CHAPTER VIU.K.FINAL PROVISIONS

[F97Article 33U.K.Repeals

References to Directive 91/628/EEC and Regulation (EC) No 411/98 shall be construed as references to this Regulation.]

Textual Amendments

F98Article 34U.K.Amendments to Directive 64/432/EEC

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F98Article 35U.K.Amendment to Directive 93/119/EC

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F98Article 36U.K.Amendments to Regulation (EC) No 1255/97

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 37U.K.Entry into force and date of application

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

It shall apply as from 5 January 2007.

However, Article 6(5) shall apply as from 5 January 2008.

F99...

Textual Amendments

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