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

[F1 Article 23U.K. Emergency measures in the event of non-compliance with this Regulation by transporters

1.Where [F2the 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

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

F2Words in Regulation substituted (20.7.2022) by The Animal Welfare (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/846), regs. 1, 4(2)(a)

Modifications etc. (not altering text)

C1Art. 23 modified (E.W.S.) (20.7.2022) by The Animal Welfare (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/846), regs. 1, 5(1)(5)

F1 F3Article 24U.K. Mutual assistance and exchange of information

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Textual Amendments

F3Art. 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)

F4Article 25U.K.Penalties

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Textual Amendments

F4Art. 25 omitted (E.W.S.) (20.7.2022) by virtue of The Animal Welfare (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/846), regs. 1, 4(6)

[F1 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 [F2the 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 [F2the 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 [F2the competent authority] establishes that a transporter has not observed, or a means of transport does not comply with this regulation, or where [F2the 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

F2Words in Regulation substituted (20.7.2022) by The Animal Welfare (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/846), regs. 1, 4(2)(a)

Modifications etc. (not altering text)

C2Art. 26 modified (E.W.S.) (20.7.2022) by The Animal Welfare (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/846), regs. 1, 5(1)(6)

F5Article 27U.K.Inspections and annual reports by the competent authorities

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Textual Amendments

F5Art. 27 omitted (E.W.S.) (20.7.2022) by virtue of The Animal Welfare (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/846), regs. 1, 4(7)

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

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Textual Amendments

Article 29U.K.Guides to good practice

[F6The 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). F7...

Textual Amendments

F6Words 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)

F7Words 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)

[F8 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

F8Art. 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

[F1 Article 23U.K. Emergency measures in the event of non-compliance with this Regulation by transporters

F1F3Article 24U.K. Mutual assistance and exchange of information

F4Article 25U.K.Penalties

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

F5Article 27U.K.Inspections and annual reports by the competent authorities

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

Article 29U.K.Guides to good practice

[F8 Article 29aU.K.Documents

F1 F3Article 24U.K. Mutual assistance and exchange of information