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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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CHAPTER IIIU.K.DUTIES AND OBLIGATIONS OF THE COMPETENT AUTHORITIES

Article 10U.K.Requirements for transporter authorisation

1.[F1The 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 [F2Great Britain];

(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 [F3retained EU law] and/or F4... 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 F5[F6... competent authority] that it has taken all necessary measures to avoid further infringements.

2.[F1The competent authority] shall issue authorisations as provided for in paragraph 1 in accordance with the [F7form published by the Appropriate Minister from time to time]. 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 11U.K.Requirements for long journeys transporter authorisations

1.[F1The 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 [F8for all drivers and attendants carrying out long journeys, as provided for in Article 17(2) of this Regulation or, where the certificate of competence has been issued in Northern Ireland, Article 17(2) of the EU Council Regulation];

(ii)

valid certificates of approval [F9for all means of transport by road to be used for long journeys, as provided for in Article 18(2) of this Regulation or, where the certificate of approval has been issued in Northern Ireland, Article 18(2) of the EU Council Regulation];

(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 [F10, or activities related to the enforcement of section 1 of the Animal Welfare (Livestock Exports) Act 2024].

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):

F11(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.[F1The competent authority] shall issue such authorisations in accordance with the specimen [F13form published by the Appropriate Minister from time to time]. 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 12U.K.Limitation 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 F14....

Article 13U.K.Issue of authorisations by [F1the competent authority]

1.[F1The competent authority] may limit the scope of an authorisation [F15issued by it under] Article 10(1) or for long journeys, in Article 11(1) according to criteria that may be verified during transport.

2.[F1The 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 [F16Great Britain]. The authorisation shall be drawn up in [F17English and other languages may also appear].

3.[F1The competent authority] shall record authorisations [F18issued by it under] Article 10(1) or Article 11(1) in a manner enabling the competent [F19authorities] to identify transporters rapidly, in particular in the event of failure to comply with the requirements of this Regulation.

[F204.The F5... competent authority shall record authorisations it has issued pursuant to Article 11(1) in an electronic database. The transporter's name and authorisation number shall be made publicly available by the issuing competent authority during the period of validity of the authorisation. Subject to rules regarding privacy protection, public access to other data in relation to transporters' authorisations shall be granted by the F5... competent authority.]

F21F22 Article 14U.K. Checks and other measures related to journey log to be carried out by the competent authority before long journeys

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21Deleted (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

F21F23Article 15U.K. Checks to be carried out by the competent authority at any stage of a long journey

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21Deleted (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

F24F25 Article 16U.K. Training of staff and equipment of the competent authority

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24Deleted (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

Article 17U.K.Training 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) [F26(a)] and Article 9(2)(a).

[F272.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)(a) shall be granted in accordance with Annex IV. The certificate of competence shall be drawn up in English and other languages may also appear. The certificate of competence shall be issued by [F1the competent authority] and in accordance with the form published by an Appropriate Minister from time to time. The scope of the said certificate of competence may be limited to a specific species or group of species.]

Article 18U.K.Certificate of approval of means of transport by road

1.[F1The competent authority] 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 F28...;

(b)have been inspected by [F1the competent authority] 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.[F29[F1The competent authority] shall issue each certificate with a number unique in Great Britain and in accordance with the form published by an Appropriate Minister from time to time. The certificate shall be drawn up in English and other languages may also appear.] 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.[F30The issuing competent authority] shall record the certifications of the approval of the means of transport by road for long journeys in an electronic database F31....

4.[F32The appropriate authority may, by regulations] 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 19U.K.Certificate of approval of livestock vessels

1.[F1The competent authority] shall grant a certificate of approval for a livestock vessel upon application, provided that the vessel is:

(a)operated from [F33Great Britain];

(b)is not the subject of an application submitted to or an approval by another competent authority F34...;

(c)has been inspected by [F1the competent authority] and found to comply with the requirements of Section 1 of Chapter IV of Annex I regarding the construction and equipment for livestock vessels.

[F352.[F1The competent authority] shall issue each certificate with a number unique in Great Britain. The certificate shall be drawn up in English and other languages may also appear. 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.[F1The 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.[F1The 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 20U.K.Livestock vessel inspection on loading and unloading

1.The F5... 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 F5... 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.

Textual Amendments

F5Word in Regulation omitted (E.W.S.) (20.7.2022) by virtue of The Animal Welfare (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/846), regs. 1, 4(2)(b)

Article 21U.K. F36F37Checks at exit points and border inspection posts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36Deleted (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

Article 22U.K.Delay during transport

1.[F1The 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. [F1The 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.

F21F382.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21Deleted (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

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