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Council Regulation (EC) No 1/2005Show full title

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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Article 2U.K.Definitions

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)

‘[F1border inspection post’ means a border control post as defined in Article 3(38) of Regulation [X1(EU) 2017/625] of the European Parliament and of the Council (1) ;]

(e)

‘Community veterinary legislation’ means legislation listed in Chapter I of Annex A to Directive 90/425/EEC(2) and any subsequent implementing rules;

(f)

‘[F1competent authority’ means competent authorities as defined 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)

‘[F1exit 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)

‘[F1official 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 Annex II;

(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 Community 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)

‘registered Equidae’ means registered Equidae as referred to in Directive 90/426/EEC(3);

(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.

Editorial Information

Textual Amendments

(1)

[F1Regulation [X1(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) ( [X1OJ L 95, 7.4.2017, p. 1] ).]

(2)

OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

(3)

OJ L 224, 18.8.1990, p. 42. Directive as last amended by Directive 2004/68/EC (OJ L 139, 30.4.2004, p. 320).

Editorial Information

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