CHAPTER IIIDUTIES AND OBLIGATIONS OF THE COMPETENT AUTHORITIES
Article 10Requirements for transporter authorisation
1
The 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 the Member State where they apply for authorisation;
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 Community legislation and/or national 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 Competent Authority that it has taken all necessary measures to avoid further infringements.
2
The competent authority shall issue authorisations as provided for in paragraph 1 in accordance with the specimen set out in Chapter I of Annex III. Such authorisations shall be valid for not more than five years from the date of issue and shall not be valid for long journeys.
Article 11Requirements for long journeys transporter authorisations
1
The 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 as provided for in Article 17(2) for all drivers and attendants carrying out long journeys;
- (ii)
valid certificates of approval as provided for in Article 18(2) for all means of transport by road to be used for long journeys;
- (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):
a
for means of transport by road for the first time in service, as from 1 January 2007;
b
for all means of transport by road, as from 1 January 2009.
3
The competent authority shall issue such authorisations in accordance with the specimen set out in Chapter II of Annex III. 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.
Article 12Limitation 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, in no more than one Member State.
Article 13Issue of authorisations by the competent authority
1
The competent authority may limit the scope of an authorisation provided for in Article 10(1) or for long journeys, in Article 11(1) according to criteria that may be verified during transport.
2
The 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 the Member State. The authorisation shall be drawn up in the official language(s) of the Member State of issue and in English when the transporter is likely to operate in another Member State.
3
The competent authority shall record authorisations provided for in Article 10(1) or Article 11(1) in a manner enabling the competent authority to identify transporters rapidly, in particular in the event of failure to comply with the requirements of this Regulation.
4
The competent authority shall record authorisations issued pursuant to Article 11(1) in an electronic database. The transporter's name and authorisation number shall be made publicly available during the period of validity of the authorisation. Subject to Community and/or national rules regarding privacy protection, public access to other data in relation to transporters' authorisations shall be granted by Member States. The database shall also include decisions notified under Article 26(4)(c) and (6).
F1Article 14F1Checks and other measures related to journey log to be carried out by the competent authority before long journeys
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F1Article 15Checks to be carried out by the competent authority at any stage of a long journey
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F1Article 16Training of staff and equipment of the competent authority
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Article 17Training 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) and Article 9(2)(a).
2
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) shall be granted in accordance with Annex IV. The certificate of competence shall be drawn up in the official language(s) of the Member State of issue and in English when the driver or attendant is likely to operate in another Member State. The certificate of competence shall be issued by the competent authority or body designated for this purpose by the Member States and in accordance with the specimen set out in Chapter III of Annex III. The scope of the said certificate of competence may be limited to a specific species or group of species.
Article 18Certificate of approval of means of transport by road
1
The competent authority or body designated by a Member State 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 in the same or another Member State;
b
have been inspected by the competent authority or body designated by a Member State 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
The competent authority or body designated by a Member State shall issue each certificate with a number unique in the Member State and in accordance with the specimen set out in Chapter IV of Annex III. The certificate shall be drawn up in the official language(s) of the Member State of issue and in English. 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
The competent authority shall record the certifications of the approval of the means of transport by road for long journeys in an electronic database in a manner enabling them to be rapidly identified by the competent authorities in all Member States, in particular in the event of failure to comply with the requirements of this Regulation.
4
Member States may 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.
Article 19Certificate of approval of livestock vessels
1
The competent authority or body designated by a Member State shall grant a certificate of approval for a livestock vessel upon application, provided that the vessel is:
a
operated from the Member State where the application is made;
b
is not the subject of an application submitted to or an approval by another competent authority in the same or another Member State;
c
has been inspected by the competent authority or body designated by a Member State and found to comply with the requirements of Section 1 of Chapter IV of Annex I regarding the construction and equipment for livestock vessels.
2
The competent authority or body designated by a Member State shall issue each certificate with a number unique in the Member State. The certificate shall be drawn up in at least one of the official language(s) of the Member State of issue and in English. 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
The 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
The 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.
Article 20Livestock vessel inspection on loading and unloading
1
The 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 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.
F1Article 21F1Checks at exit points and border inspection posts
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Article 22Delay during transport
1
The 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. The 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.
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