Council Regulation (EC) No 1099/2009Show full title

Article 21 U.K. Certificate of competence

1. For the purposes of Article 7, [F1 each competent authority is] responsible for:

(a) ensuring that training courses are available for personnel involved in killing and related operations;

(b) delivering certificates of competence attesting the passing of an independent final examination; the subjects of this examination shall be relevant for the categories of animals concerned and correspond to the operations referred to in Article 7(2) and (3), and to the subjects set out in Annex IV;

(c) approving training programmes of the courses referred to in point (a) and the content and modalities of the examination referred in point (b);

[F2 (d) delivering certificates of competence to persons whose qualifications have been recognised for those purposes under Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.]

[F3 (d) delivering certificates of competence to persons whose qualifications have been recognised for those purposes under the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023.]

2. The competent authority may delegate the final examination and the issuance of the certificate of competence to a separate body or entity which:

(a) has the expertise, staff and equipment necessary to do so;

(b) is independent and free from any conflict of interest as regards the final examination and the issuance of the certificates of competence.

The competent authority may also delegate the organisation of the training courses to a separate body or entity which has the expertise, staff and equipment necessary to do so.

The details of bodies and entities to which such tasks have been delegated shall be made publicly available by the competent authority via the Internet.

3. Certificates of competence shall indicate for which categories of animals, type of equipment and for which of the operations listed in Article 7(2) or (3) the certificate is valid.

[F4 4. Competent authorities must recognise certificates of competence issued:

(a) by other competent authorities in Great Britain in accordance with this Regulation;

(b) in Northern Ireland in accordance with Article 21 of Council Regulation (EC) No 1099/2009 as it has effect by virtue of section 7A of the European Union (Withdrawal) Act 2018.]

5. [F5 A] competent authority may issue temporary certificates of competence provided that:

(a) the applicant is registered in one of the training courses referred to in paragraph 1(a);

(b) the applicant is to work in the presence and under the direct supervision of another person who holds a certificate of competence issued for the specific activity to be undertaken;

(c) the validity of the temporary certificate does not exceed three months; and

(d) the applicant provides a written declaration stating that he/she has not previously been issued another temporary certificate of competence of the same scope or demonstrates to the satisfaction of the competent authority that he/she was unable to take the final examination.

6. Without prejudice to a decision by a judicial authority or by a competent authority prohibiting the handling of animals, certificates of competence, including a temporary certificate of competence, shall only be issued if the applicant provides a written declaration stating that he/she has committed no serious infringement of [F6 provisions in retained EU law or any other law applicable in the United Kingdom] on the protection of animals in the three years preceding the date of application for such a certificate.

7. [F7 Each competent authority] may recognise qualifications obtained for other purposes as equivalent to certificates of competence for the purposes of this Regulation provided that they have been obtained under conditions equivalent to those laid down in this Article. The competent authority shall make publicly available and keep up to date, via the Internet, a list of qualifications recognised as equivalent to the certificate of competence.

[F8 8. The Appropriate Minister may publish from time to time guidelines for the application of paragraph 1.]

Textual Amendments

F1 Words in Art. 21(1) substituted (31.12.2020) by The Animal Welfare (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/802), regs. 1, 4(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 21(1)(d) inserted (E.S.N.I.) (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 2(2) (as amended by S.I. 2023/1294, regs. 1, 14(2))

F3 Art. 21(1)(d) inserted (W.) (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023 (S.I. 2023/1294), reg. 1, Sch. 3 para. 8(2)

F4 Art. 21(4) substituted (31.12.2020) by S.I. 2019/802, regs. 1, 4(8)(b) (as substituted by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 2(36)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in Art. 21(5) substituted (31.12.2020) by The Animal Welfare (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/802), regs. 1, 4(8)(c); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 21(6) substituted (31.12.2020) by The Animal Welfare (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/802), regs. 1, 4(8)(d); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 21(7) substituted (31.12.2020) by The Animal Welfare (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/802), regs. 1, 4(8)(e); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 21(8) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 9(12) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)