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 (c. 1)

CHAPTER IVU.K.ENFORCEMENT AND EXCHANGE OF INFORMATION

F1Article 23U.K. [F1Emergency measures in the event of non-compliance with this Regulation by transporters]

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Textual Amendments

F1Deleted (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

F1 F2Article 24U.K. Mutual assistance and exchange of information

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Textual Amendments

F2Art. 24 omitted in so far as still in force (31.12.2020) by virtue of The Animal Welfare (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/802), regs. 1, 3(30) (as amended by S.I. 2020/1481, regs. 1, 42(2)(c)); 2020 c. 1, Sch. 5 para. 1(1)

Article 25U.K.Penalties

The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions, as well as provisions for the application of Article 26, to the Commission by 5 July 2006 at the latest and shall notify it without delay of any subsequent amendment affecting them.

F1[F1Article 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 a 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 a 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 a competent authority establishes that a transporter has not observed, or a means of transport does not comply with this regulation, or where a 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

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

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[F32 . Member States shall submit to the Commission by 31 August each year an annual report for the previous year on the inspections carried by the competent authority to verify compliance with the requirements of this Regulation. The report shall be accompanied by an analysis of the major deficiencies detected and an action plan to address them.]

Textual Amendments

F3Substituted 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).

F1Article 28U.K. [F1On-the-spot checks]

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Textual Amendments

Article 29U.K.Guides to good practice

[F4The 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). F5...

Textual Amendments

F4Words in Art. 29 substituted (31.12.2020) by The Animal Welfare (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/802), regs. 1, 3(34)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5Words in Art. 29 omitted (31.12.2020) by virtue of The Animal Welfare (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/802), regs. 1, 3(34)(b); 2020 c. 1, Sch. 5 para. 1(1)

[F6 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

F6Art. 29a inserted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 6(6) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IVU.K.ENFORCEMENT AND EXCHANGE OF INFORMATION

F1Article 23U.K. [F1Emergency measures in the event of non-compliance with this Regulation by transporters]

F1F2Article 24U.K. Mutual assistance and exchange of information

Article 25U.K.Penalties

F1[F1Article 26U.K. Infringements and notification of infringements

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

F1Article 28U.K. [F1On-the-spot checks]

Article 29U.K.Guides to good practice

[F6 Article 29aU.K.Documents

F1 F2Article 24U.K. Mutual assistance and exchange of information