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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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  • Art. 1(1) words substituted by S.I. 2019/802 reg. 3(2)(a) (This amendment not applied to legislation.gov.uk. Reg. 3(2)(a) substituted immediately before IP completion day by S.I. 2020/1590, reg. 2(8))
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  • Art. 15(2) words substituted by S.I. 2019/802 reg. 3(21)(c)(i) (This amendment not applied to legislation.gov.uk. Reg. 3(20)-(22) omitted immediately before IP completion day by virtue of S.I. 2020/1481, regs. 1, 42(2)(b))
  • Art. 15(2) words substituted by S.I. 2019/802 reg. 3(21)(c)(ii) (This amendment not applied to legislation.gov.uk. Reg. 3(20)-(22) omitted immediately before IP completion day by virtue of S.I. 2020/1481, regs. 1, 42(2)(b))
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  • Art. 26(3) words inserted by S.I. 2019/802 reg. 3(31)(c)(i) (This amendment not applied to legislation.gov.uk. Reg. 3(31)-(33) omitted immediately before IP completion day by virtue of S.I. 2020/1481, regs. 1, 42(2)(d))
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  • Art. 26(5) words substituted by S.I. 2019/802 reg. 3(31)(d)(ii) (This amendment not applied to legislation.gov.uk. Reg. 3(31)-(33) omitted immediately before IP completion day by virtue of S.I. 2020/1481, regs. 1, 42(2)(d))
  • Art. 26(6) words omitted by S.I. 2019/802 reg. 3(31)(e)(ii) (This amendment not applied to legislation.gov.uk. Reg. 3(31)-(33) omitted immediately before IP completion day by virtue of S.I. 2020/1481, regs. 1, 42(2)(d))
  • Art. 26(6) words substituted by S.I. 2019/802 reg. 3(31)(e)(i) (This amendment not applied to legislation.gov.uk. Reg. 3(31)-(33) omitted immediately before IP completion day by virtue of S.I. 2020/1481, regs. 1, 42(2)(d))
  • Art. 26(7) omitted by S.I. 2019/802 reg. 3(31)(f) (This amendment not applied to legislation.gov.uk. Reg. 3(31)-(33) omitted immediately before IP completion day by virtue of S.I. 2020/1481, regs. 1, 42(2)(d))
  • Art. 27 heading words substituted by S.I. 2019/802 reg. 3(32)(a) (This amendment not applied to legislation.gov.uk. Reg. 3(31)-(33) omitted immediately before IP completion day by virtue of S.I. 2020/1481, regs. 1, 42(2)(d))
  • Art. 27(1) words omitted by S.I. 2019/802 reg. 3(32)(b)(iii) (This amendment not applied to legislation.gov.uk. Reg. 3(31)-(33) omitted immediately before IP completion day by virtue of S.I. 2020/1481, regs. 1, 42(2)(d))
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  • Art. 27(1) words substituted by S.I. 2019/802 reg. 3(32)(b)(ii) (This amendment not applied to legislation.gov.uk. Reg. 3(31)-(33) omitted immediately before IP completion day by virtue of S.I. 2020/1481, regs. 1, 42(2)(d))
  • Art. 27(2) omitted by S.I. 2019/802 reg. 3(32)(c) (This amendment not applied to legislation.gov.uk. Reg. 3(31)-(33) omitted immediately before IP completion day by virtue of S.I. 2020/1481, regs. 1, 42(2)(d))
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  • Art. 30(6) words substituted by S.I. 2019/588 reg. 6(7)(f)(i) (This amendment not applied to legislation.gov.uk. Reg. 6(7)(f)(i) substituted immediately before IP completion day by S.I. 2020/1590, reg. 3(3)(b))
  • Art. 30(8) substituted by S.I. 2019/588 reg. 6(7)(g) (This amendment not applied to legislation.gov.uk. Reg. 6(7)(g) substituted immediately before IP completion day by S.I. 2019/1312, regs. 1(2), 11(2)(a))

Changes and effects yet to be applied to the whole legislation item and associated provisions

  • Annex 1 Ch. 5 para. 1.7(b) words substituted by S.I. 2019/802 reg. 3(40)(e)(i) (This amendment not applied to legislation.gov.uk. Reg. 3(40)(e) substituted immediately before IP completion day by S.I. 2020/1590, reg. 2(29))
  • Annex 1 Ch. 5 para. 1.9 words substituted by S.I. 2019/802 reg. 3(40)(e)(ii)(aa) (This amendment not applied to legislation.gov.uk. Reg. 3(40)(e) substituted immediately before IP completion day by S.I. 2020/1590, reg. 2(29))
  • Annex 1 Ch. 5 para. 1.9 words substituted by S.I. 2019/802 reg. 3(40)(e)(ii)(bb) (This amendment not applied to legislation.gov.uk. Reg. 3(40)(e) substituted immediately before IP completion day by S.I. 2020/1590, reg. 2(29))
  • Annex 1 Ch. 3 para. 2.2 words substituted by S.I. 2019/588 reg. 6(9) (This amendment not applied to legislation.gov.uk. Reg. 6(9) omitted immediately before IP completion day by virtue of S.I. 2019/1312, regs. 1(2), 11(2)(b))
  • Annex 4 para. 4 inserted by S.I. 2023/1286 Sch. 3 para. 1(2)
  • Annex 4 para. 4 inserted by S.I. 2023/1294 Sch. 3 para. 7(2)
  • Art. 2(1)(f) word substituted by S.I. 2019/802 reg. 3(3)(d)(ii) (This amendment not applied to legislation.gov.uk. Reg. 3(3)(d) omitted immediately before IP completion day by virtue of S.I. 2020/1481, regs. 1, 42(2)(a)(ii))
  • Art. 2(1)(f) words substituted by S.I. 2019/802 reg. 3(3)(d)(i) (This amendment not applied to legislation.gov.uk. Reg. 3(3)(d) omitted immediately before IP completion day by virtue of S.I. 2020/1481, regs. 1, 42(2)(a)(ii))
  • Art. 2(1)(i) words substituted by S.I. 2019/802 reg. 3(3)(e)(i) (This amendment not applied to legislation.gov.uk. Reg. 3(3)(e) omitted immediately before IP completion day by virtue of S.I. 2020/1481, regs. 1, 42(2)(a)(ii))
  • Art. 2(1)(i) words substituted by S.I. 2019/802 reg. 3(3)(e)(ii) (This amendment not applied to legislation.gov.uk. Reg. 3(3)(e) omitted immediately before IP completion day by virtue of S.I. 2020/1481, regs. 1, 42(2)(a)(ii))
  • Art. 2(1)(p) words substituted by S.I. 2019/802 reg. 3(3)(f) (This amendment not applied to legislation.gov.uk. Reg. 3(3)(f) omitted immediately before IP completion day by virtue of S.I. 2020/1481, regs. 1, 42(2)(a)(ii))
  • Art. 2(1)(q)(iii) substituted by S.I. 2019/802 reg. 3(3)(g) (This amendment not applied to legislation.gov.uk. Reg. 3(3)(g) substituted immediately before IP completion day by S.I. 2020/1590, reg. 2(9)(a))

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament(1),

Having regard to the Opinion of the European Economic and Social Committee(2),

Following consultation of the Committee of the Regions,

Whereas:

(1) The Protocol on protection and welfare of animals annexed to the Treaty requires that in formulating and implementing agriculture and transport policies, the Community and the Member States are to pay full regard to the welfare requirements of animals.

(2) Under Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport(3), the Council has adopted rules in the field of the transport of animals in order to eliminate technical barriers to trade in live animals and to allow market organisations to operate smoothly, while ensuring a satisfactory level of protection for the animals concerned.

(3) The Report from the Commission to the European Parliament and the Council on the experience acquired by Member States since the implementation of Council Directive 95/29/EC of 29 June 1995 amending Directive 91/628/EEC concerning the protection of animals during transport(4), as required under Directive 91/628/EEC, recommended amending current Community legislation in this field.

(4) Most Member States have ratified the European Convention for the protection of animals during international transport and the Council has given a mandate to the Commission to negotiate on behalf of the Community the revised European Convention for the protection of animals during international transport.

(5) For reasons of animal welfare the transport of animals over long journeys, including animals for slaughter, should be limited as far as possible.

(6) The Council invited the Commission on 19 June 2001(5) to submit proposals for ensuring effective implementation and strict enforcement of existing Community legislation, improving the protection and welfare of animals as well as preventing the occurrence and spread of infectious animal diseases, and putting in place more stringent requirements so as to prevent pain and suffering in order to safeguard the welfare and health of animals during and after transport.

(7) On 13 November 2001, the European Parliament called on the Commission to present proposals for amending existing Community rules on the transport of livestock, in particular with a view to:

  • consulting the competent scientific committee on the duration of animal transport,

  • presenting a harmonised European model certificate for transporters; harmonising route plans for long transport,

  • ensuring that any member of staff handling livestock during transport has completed a training course recognised by the competent authorities, and

  • ensuring that veterinary checks at Community border inspection posts include comprehensive inspection of the welfare conditions in which animals are transported.

(8) The Scientific Committee on Animal Health and Animal Welfare adopted an opinion on the welfare of animals during transport on 11 March 2002. Community legislation should therefore be amended to take into account new scientific evidence while giving priority to the need for its enforceability to be properly ensured in the immediate future.

(9) Specific provisions for poultry, cats and dogs will be set out in appropriate proposals when the relevant opinions of the European Food Safety Authority (EFSA) are available.

(10) In the light of experience gained under Directive 91/628/EEC in harmonising Community legislation on the transport of animals, and the difficulties encountered due to the differences in transposition of that Directive at national level, it is more appropriate to set out Community rules in this field in a regulation. Pending the adoption of detailed provisions for certain species having particular needs and representing a very limited part of the Community livestock, it is appropriate to allow Member States to establish or maintain additional national rules applying to transport of animals of such species.

(11) In order to ensure a consistent and effective application of this Regulation across the Community in the light of its basic principle according to which animals must not be transported in a way likely to cause injury or undue suffering to them, it is appropriate to set out detailed provisions addressing the specific needs arising in relation to the various types of transport. Such detailed provisions should be interpreted and applied in accordance with the aforesaid principle and should be timely updated whenever, in particular in the light of new scientific advice, they appear no longer to ensure compliance with the above principle for particular species or types of transport.

(12) Transport for commercial purposes is not limited to transport where an immediate exchange of money, goods or services takes place. Transport for commercial purposes includes, in particular, transport which directly or indirectly involves or aims at a financial gain.

(13) The unloading and subsequent reloading of animals could also be a source of stress for them and contact at control posts, formerly referred to as staging points, could in certain conditions lead to the spread of infectious diseases. It is therefore appropriate to provide for specific measures safeguarding the health and welfare of animals when resting at control posts. As a result, it is necessary to amend the provisions of Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for staging points and amending the route plan referred to in the Annex to Directive 91/628/EEC(6).

(14) Poor welfare is often due to lack of education. Therefore, training should be a prerequisite for any person handing animals during transport and training should be provided only by organisations approved by the competent authorities.

(15) Welfare conditions of animals during transport result mainly from the day-to-day conduct of the transporters. Checks by competent authorities may be hindered as transporters can freely operate in different Member States. Therefore, transporters should be more accountable and transparent concerning their status and operations. In particular they should provide proof of their authorisation, systematically report any difficulty and keep precise records of their actions and the results.

(16) Animal transport involves not only transporters but also other categories of operators such as farmers, traders, assembly centres and slaughterhouses. As a consequence, some obligations regarding the welfare of animals should be extended to any operator involved in the transport of animals.

(17) Assembly centres play a critical role in the transport of some livestock species. Therefore, assembly centres should ensure that Community legislation on the protection of animals during transport is known and respected by their employees and visitors.

(18) Long journeys are likely to have more detrimental effects on the welfare of animals than short ones. Hence specific procedures should be designed to ensure better enforcement of the standards, in particular by increasing the traceability of such transport operations.

(19) Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport(7) provides for maximum driving periods and minimum rest periods for road drivers. It is appropriate that journeys for animals are similarly regulated. Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport(8) provides for recording equipment to be installed and used to ensure effective checking on compliance with social legislation concerning road transport. It is necessary that such record data be made available and checked so as to enforce travelling time limits under animal welfare legislation.

(20) Insufficient exchange of information between competent authorities leads to inadequate enforcement of Community legislation for the protection of animals during transport. Accordingly, it is necessary to set up flexible procedures to improve the level of collaboration between the competent authorities in the different Member States.

(21) Registered Equidae, as defined in Article 2(c) of Directive 90/426/EEC(9), are frequently transported for non-commercial purposes and such transports must be carried out in line with the overall objectives of this Regulation. Having regard to the nature of such movements, it appears appropriate to derogate from certain provisions where registered Equidae are transported for competition, races, cultural events or breeding. However, it is not appropriate to apply such derogation to Equidae transported, directly or after transit through a market or marshalling centre, to a slaughterhouse for slaughter, which in accordance with Article 2(d) and 8(1), second indent of Directive 90/426/EEC, are to be considered as ‘Equidae for slaughter’.

(22) Inadequate follow-up of infringements of legislation on animal welfare encourages non-compliance with such legislation and leads to distortion of competition. Therefore, uniform procedures should be established throughout the Community to increase checks and the imposition of penalties for infringements of animal welfare legislation. The Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive.

(23) A significant number of animals are transported by livestock vessels over very long journeys from and within the Community and transport by sea can be checked at the place of departure. Therefore, it is essential to set up specific measures and standards for this mode of transport.

(24) In the interests of consistency of Community legislation, Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine(10) should be amended so as to adapt it to this Regulation as regards the approval of assembly centres and the requirements for transporters.

(25) Council Directive 93/119/EC of 22 December 1993 on the protection of animals at the time of slaughter and killing(11) should also be amended so as to adapt it to this Regulation as regards the use of electric prods.

(26) Rules and information procedures laid down by Council Directive 89/608/EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary and zootechnical matters(12) should be applied to animal welfare during transport in order to ensure compliance with this Regulation.

(27) Commission Decision 98/139/EC(13) lays down certain detailed rules concerning on-the-spot checks carried out in the veterinary field by Commission experts in the Member States which should help to ensure that this Regulation is complied with in a uniform manner.

(28) This Regulation sets out provisions concerning ventilation in road vehicles transporting livestock on long journeys. Accordingly, Council Regulation (EC) No 411/98 of 16 February 1998 on additional animal protection standards applicable to road vehicles used for the carriage of livestock on journeys exceeding eight hours(14) should be repealed.

(29) It is appropriate to provide for a simple procedure for the Council to update certain important technical elements of this Regulation in particular in the light of an assessment of its impact on transport of live animals within an enlarged Community and establish the specifications of the Navigation System to be used for all means of transport by road in the light of the future technological developments in the area such as the coming into fruition of the Galileo system.

(30) It is appropriate to provide for a possibility to establish derogations to take account of the remoteness of certain regions from the mainland of the Community, in particular for outermost regions referred to in Article 299 of the Treaty.

(31) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(15),

HAS ADOPTED THIS REGULATION:

CHAPTER IU.K.SCOPE, DEFINITIONS AND GENERAL CONDITIONS FOR THE TRANSPORT OF ANIMALS

Article 1U.K.Scope

1.This Regulation shall apply to the transport of live vertebrate animals carried out within [F1Great Britain], including the specific checks to be carried out by officials on consignments entering or leaving F2... [F1Great Britain].

2.Only [F3Article 3] shall apply to:

(a)the transport of animals carried out by farmers using agricultural vehicles or means of transport belonging to them in cases where the geographical circumstances call for transport for seasonal transhumance of certain types of animals;

(b)transport carried out by farmers, of their own animals, in their own means of transport for a distance of less than 50 km from their holding.

F43.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.This Regulation shall not apply to the transport of animals which does not take place in connection with an economic activity and to the transport of animals directly to or from veterinary practices or clinics, under the advice of a veterinarian.

Textual Amendments

F2Words in Art. 1(1) omitted (31.12.2020) by virtue of The Animal Welfare (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/802), regs. 1, 3(2)(a)(ii) (as substituted by S.I. 2020/1590), regs. 1(1)(b)(i), 2(8)); 2020 c. 1, Sch. 5 para. 1(1)

Article 2U.K.Definitions

[F6(1)]For the purposes of this Regulation the following definitions shall apply:

(a)

‘animals’ means live vertebrate animals;

(b)

‘assembly centres’ means places such as holdings, collection centres and markets, at which domestic Equidae or domestic animals of bovine, ovine, caprine or porcine species originating from different holdings are grouped together to form consignments;

(c)

‘attendant’ means a person directly in charge of the welfare of the animals who accompanies them during a journey;

(d)

[F7‘border inspection post’ means a border control post as defined in Article 3(38) of Regulation (EU) 2017/625 of the European Parliament and of the Council(16) 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;]

(e)

‘[F8retained EU] veterinary legislation’ means legislation listed in [F9Annex 2A to this Regulation] and any subsequent implementing rules;

(f)

‘[F10competent authority’ means [F11“the competent authority” within the meaning given] in Article 3(3) of Regulation [X1(EU) 2017/625];]

(g)

‘container’ means any crate, box, receptacle or other rigid structure used for the transport of animals which is not a means of transport;

(h)

‘control posts’ means control posts as referred to in Regulation (EC) No 1255/97;

(i)

‘[F10exit point’ means an exit point as defined in Article 3(39) of Regulation [X1(EU) 2017/625];]

(j)

‘journey’ means the entire transport operation from the place of departure to the place of destination, including any unloading, accommodation and loading occurring at intermediate points in the journey;

(k)

‘keeper’ means any natural or legal person, except a transporter, in charge of or handling animals whether on a permanent or temporary basis;

(l)

‘livestock vessel’ means a vessel which is used or intended to be used for the carriage of domestic Equidae or domestic animals of bovine, ovine, caprine or porcine species other than a roll-on-roll-off vessel, and other than a vessel carrying animals in moveable containers;

(m)

‘long journey’ means a journey that exceeds 8 hours, starting from when the first animal of the consignment is moved;

(n)

‘means of transport’ means road or rail vehicles, vessels and aircraft used for the transport of animals;

(o)

‘navigation systems’ means satellite-based infrastructures providing global, continuous, accurate and guaranteed timing and positioning services or any technology providing services deemed equivalent for the purpose of this Regulation;

(p)

‘[F10official veterinarian’ means an official veterinarian as defined in Article 3(32) of Regulation [X1(EU) 2017/625] ;]

(q)

‘organiser’ means:

(i)

a transporter who has subcontracted to at least one other transporter for a part of a journey; or

(ii)

a natural or legal person who has contracted to more than one transporter for a journey; or

(iii)

a person who has signed Section 1 of the journey log as set out in [F12the form published by an Appropriate Minister from time to time];

(r)

‘place of departure’ means the place at which the animal is first loaded on to a means of transport provided that it had been accommodated there for at least 48 hours prior to the time of departure.

However, assembly centres approved in accordance with [F13retained EU] veterinary legislation may be considered as place of departure provided that:

(i)

the distance travelled between the first place of loading and the assembly centre is less than 100 km; or

(ii)

the animals have been accommodated with sufficient bedding, untied, if possible, and watered for at least six hours prior to the time of departure from the assembly centre;

(s)

‘place of destination’ means the place at which an animal is unloaded from a means of transport and

(i)

accommodated for at least 48 hours prior to the time of departure; or

(ii)

slaughtered;

(t)

‘place of rest or transfer’ means any stop during the journey which is not a place of destination, including a place where animals have changed the means of transport, with or without being unloaded;

(u)

[F14‘registered Equidae’:

(i)

for equidae registered in Great Britain, has the meaning given in Article 2(e) of Commission Implementing Regulation (EU) 2015/262;

(ii)

for all other registered equidae, has the meaning given in Article 2(c) of Council Directive 2009/156/EC;]

(v)

‘roll-on-roll-off vessel’ means a sea-going vessel with facilities to enable road or rail vehicles to roll on and roll off the vessel;

(w)

‘transport’ means the movement of animals effected by one or more means of transport and the related operations, including loading, unloading, transfer and rest, until the unloading of the animals at the place of destination is completed;

(x)

‘transporter’ means any natural or legal person transporting animals on his own account, or for the account of a third party;

(y)

‘unbroken Equidae’ means Equidae that cannot be tied or led by a halter without causing avoidable excitement, pain or suffering;

(z)

‘vehicle’ means a means of transport fitted with wheels which is propelled or towed;

(z1)

[F15‘Appropriate Minister’ means:

(i)

in relation to England, the Secretary of State;

(ii)

in relation to Wales, the Welsh Ministers;

(iii)

in relation to Scotland, the Scottish Ministers;

(z2)

‘third country’ means any country other than the British Islands;

(z3)

‘EU Council Regulation’ means Council Regulation (EC) No 1/2005 as it has effect in EU law as amended from time to time;]

Editorial Information

Textual Amendments

[F16 Article 2aU.K.Definition of the appropriate authority

1.Subject to paragraph 2, ‘the appropriate authority’ means—

(a)

for regulations applying in relation to England, the Secretary of State;

(b)

for regulations applying in relation to Wales, the Welsh Ministers;

(c)

for regulations applying in relation to Scotland, the Scottish Ministers;

2.‘The appropriate authority is the Secretary of State if consent is given by—

(a)

for regulations applying in relation to Wales, the Welsh Ministers;

(b)

for regulations applying in relation to Scotland, the Scottish Ministers;]

Textual Amendments

[F17Article 2bU.K. Authorisations and certificates issued in the Channel Islands and the Isle of Man

For the purposes of Chapter 2 and Chapter 3 of, and Annex 2 to, this Regulation, a transporter authorisation, certificate of competence or certificate of approval granted or issued in the Channel Islands or the Isle of Man is to be recognised as if it were issued by [F18the competent authority] in Great Britain.]

Textual Amendments

Article 3U.K.General conditions for the transport of animals

No person shall transport animals or cause animals to be transported in a way likely to cause injury or undue suffering to them.

In addition, the following conditions shall be complied with:

(a)

all necessary arrangements have been made in advance to minimise the length of the journey and meet animals' needs during the journey;

(b)

the animals are fit for the journey;

(c)

the means of transport are designed, constructed, maintained and operated so as to avoid injury and suffering and ensure the safety of the animals;

(d)

the loading and unloading facilities are adequately designed, constructed, maintained and operated so as to avoid injury and suffering and ensure the safety of the animals;

(e)

the personnel handling animals are trained or competent as appropriate for this purpose and carry out their tasks without using violence or any method likely to cause unnecessary fear, injury or suffering;

(f)

the transport is carried out without delay to the place of destination and the welfare conditions of the animals are regularly checked and appropriately maintained;

(g)

sufficient floor area and height is provided for the animals, appropriate to their size and the intended journey;

(h)

water, feed and rest are offered to the animals at suitable intervals and are appropriate in quality and quantity to their species and size.

CHAPTER IIU.K.ORGANISERS, TRANSPORTERS, KEEPERS AND ASSEMBLY CENTRES

Article 4U.K.Transport documentation

1.No person shall transport animals without carrying documentation in the means of transport stating:

(a)their origin and their ownership;

(b)their place of departure;

(c)the date and time of departure;

(d)their intended place of destination;

(e)the expected duration of the intended journey.

2.The transporter shall make the documentation provided for in paragraph 1 available to the F19... competent authority upon request.

Textual Amendments

F19Word 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 5U.K.Planning obligations for the transport of animals

1.No person shall contract or subcontract the transport of animals except to transporters authorised in accordance with Article 10(1) or Article 11(1) [F20of this Regulation or authorised in Northern Ireland in accordance with Article 10(1) or 11(1) of the EU Council Regulation].

2.Transporters shall identify a natural person responsible for the transport and ensure that information on the planning, execution and completion of the part of the journey under their control can be obtained at any time.

3.Organisers shall ensure that for each journey:

(a)the welfare of the animals is not compromised by insufficient coordination of the different parts of the journey; and the weather conditions are taken into account; and

(b)a natural person is responsible for providing information on the planning, execution and completion of the journey to the F19... competent authority at any time.

4.For long journeys [F21from third countries to Great Britain, from Great Britain to third countries or that transit through Great Britain] for domestic Equidae other than registered Equidae, and domestic animals of bovine, ovine, caprine and porcine species, transporters and organisers shall comply with the provisions on the journey log set out [F22in Annex 2].

Textual Amendments

F19Word 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 6U.K.Transporters

[F231.No person shall act as a transporter unless that person holds:

(a)an authorisation issued by [F18the competent authority] pursuant to Article 10(1) or, for long journeys, Article 11(1), of this Regulation, or

(b)an authorisation issued in Northern Ireland, where that authorisation is issued pursuant to Article 10(1), or for long journeys, Article 11(1) of the EU Council Regulation.]

[F241A.A copy of the authorisation shall be made available to the F19... competent authority when the animals are transported.]

2.Transporters shall notify to the F19... competent authority any changes in relation to the information and documents referred to in Article 10(1) or, for long journeys, Article 11(1), no more than 15 working days from the date the changes took place.

3.Transporters shall transport animals in accordance with the technical rules set out in Annex I.

[F254.Transporters must entrust the handling of the animals to personnel who have:

(a)received training on the relevant provisions of Annex 1 to this Regulation and the form to be published by the Appropriate Minister from time to time, or

(b)received training in Northern Ireland on the relevant provisions of Annexes 1 and 2 of the EU Council Regulation.]

[F265.No person shall drive, or act as an attendant on a road vehicle transporting domestic Equidae or domestic animals of bovine, ovine, caprine or porcine species or poultry unless he holds a certificate of competence pursuant to:

(a)Article 17(2) of this Regulation, or

(b)a certificate of competence issued in Northern Ireland pursuant to the EU Council Regulation;]

[F275A.The certificate of competence shall be made available to the F19... competent authority when the animals are transported.]

6.Transporters shall ensure that an attendant accompanies any consignment of animals except in the following cases:

(a)where animals are transported in containers which are secured, adequately ventilated and, where necessary, contain enough food and water, in dispensers which cannot be tipped over, for a journey of twice the anticipated journey time;

(b)where the driver performs the functions of attendant.

7.Paragraphs 1, 2, 4 and 5 shall not apply to persons transporting animals up to a maximum distance of 65 km counted from the place of departure to the place of destination.

8.Transporters shall make available to the F19... competent authority the certificate of approval as provided for in Article 18(2) or 19(2) of this Regulation or, where the certificate of approval was issued in Northern Ireland, Article 18(2) or 19(2) of the EU Council Regulation.

9.Transporters of domestic Equidae, except registered Equidae, and domestic animals of the bovine, ovine, caprine and porcine species over long road journeys shall use a navigation system as referred to in Annex I, Chapter VI, paragraph 4.2 F28... They shall keep the records obtained by such navigation system for at least three years and shall make them available to the F19... competent authority upon request, in particular when the checks referred to in Article 15(4) are carried out. [F29The appropriate authority may, by regulations, specify further details concerning this paragraph.] F30...

Textual Amendments

F19Word 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 7U.K.Prior inspection and approval of means of transport

1.No person shall transport animals by road for a long journey unless the means of transport has been inspected and approved under Article 18(1) [F31of this Regulation or has been inspected and approved in Northern Ireland under Article 18(1) of the EU Council Regulation].

2.No person shall transport by sea, for more than 10 nautical miles, domestic Equidae and domestic animals of bovine, ovine, caprine or porcine species from a [F32port in Great Britain] unless the livestock vessel has been inspected and approved under Article 19(1) [F33of this Regulation or has been inspected and approved in Northern Ireland under Article 19(1) of the EU Council Regulation].

3.The provisions of paragraph 1 and paragraph 2 apply to containers used for the transport of domestic Equidae or domestic animals of bovine, ovine, caprine or porcine species by road and/or by water, for long journeys.

Textual Amendments

Article 8U.K.Keepers

1.Keepers of animals at the place of departure, transfer or destination shall ensure that the technical rules set out in Chapters I and III, section 1, of Annex I in respect of the animals being transported are met.

2.Keepers shall check all animals arriving at a place of transit or a place of destination and determine if the animals are or have been subject to a long journey between [F34Great Britain and a third country]. In the case of long journeys [F35between Great Britain and third countries] for domestic Equidae, other than registered Equidae, and domestic animals of bovine, ovine, caprine and porcine species, keepers shall comply with the provisions on the journey log set out [F36in Annex 2].

Textual Amendments

Article 9U.K.Assembly centres

1.Operators of assembly centres shall ensure that animals are treated in accordance with the technical rules set out in Chapters I and III, section 1, of Annex I.

2.Operators of assembly centres that are approved in accordance with [F37retained EU] veterinary legislation shall in addition:

(a)entrust the handling of animals only to personnel who have followed training courses on the relevant technical rules set out in Annex I [F38or have followed training courses in Northern Ireland on the relevant technical rules set out in Annex I of the EU Regulation];

(b)regularly inform people admitted to the assembly centre of their duties and obligations under this Regulation and of the penalties for any infringement;

(c)make permanently available to people admitted to the assembly centre the details of [F18the competent authority] to whom any possible infringement of the requirements of this Regulation are to be notified;

(d)in case of non-compliance with this Regulation by any person present at the assembly centre, and without prejudice to any action taken by [F18the competent authority], take the necessary measures to remedy the non-compliance observed and to prevent its recurrence;

(e)adopt, monitor and enforce the necessary internal rules in order to ensure compliance with points (a) to (d).

Textual Amendments

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

Article 10U.K.Requirements for transporter authorisation

1.[F18The 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 [F39Great 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 [F40retained EU law] and/or F41... 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 F19[F42... competent authority] that it has taken all necessary measures to avoid further infringements.

2.[F18The competent authority] shall issue authorisations as provided for in paragraph 1 in accordance with the [F43form 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.

Textual Amendments

F19Word 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 11U.K.Requirements for long journeys transporter authorisations

1.[F18The 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 [F44for 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 [F45for 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.

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):

F46(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.[F18The competent authority] shall issue such authorisations in accordance with the specimen [F48form 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.

Textual Amendments

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 F49....

Textual Amendments

Article 13U.K.Issue of authorisations by [F18the competent authority]

1.[F18The competent authority] may limit the scope of an authorisation [F50issued by it under] Article 10(1) or for long journeys, in Article 11(1) according to criteria that may be verified during transport.

2.[F18The 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 [F51Great Britain]. The authorisation shall be drawn up in [F52English and other languages may also appear].

3.[F18The competent authority] shall record authorisations [F53issued by it under] Article 10(1) or Article 11(1) in a manner enabling the competent [F54authorities] to identify transporters rapidly, in particular in the event of failure to comply with the requirements of this Regulation.

[F554.The F19... 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 F19... competent authority.]

Textual Amendments

F19Word 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)

F56F57 Article 14U.K. Checks and other measures related to journey log to be carried out by the competent authority before long journeys

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

Textual Amendments

F56Deleted (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

F56F58Article 15U.K. Checks to be carried out by the competent authority at any stage of a long journey

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

Textual Amendments

F56Deleted (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

F59F60 Article 16U.K. Training of staff and equipment of the competent authority

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

Textual Amendments

F59Deleted (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) [F61(a)] and Article 9(2)(a).

[F622.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 [F18the 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.]

Textual Amendments

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

1.[F18The 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 F63...;

(b)have been inspected by [F18the 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.[F64[F18The 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.[F65The issuing competent authority] shall record the certifications of the approval of the means of transport by road for long journeys in an electronic database F66....

4.[F67The 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.

Textual Amendments

Article 19U.K.Certificate of approval of livestock vessels

1.[F18The competent authority] shall grant a certificate of approval for a livestock vessel upon application, provided that the vessel is:

(a)operated from [F68Great Britain];

(b)is not the subject of an application submitted to or an approval by another competent authority F69...;

(c)has been inspected by [F18the 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.

[F702.[F18The 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.[F18The 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.[F18The 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.

Textual Amendments

Article 20U.K.Livestock vessel inspection on loading and unloading

1.The F19... 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 F19... 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

F19Word 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. F71F72Checks at exit points and border inspection posts

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

Textual Amendments

F71Deleted (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.[F18The 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. [F18The 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.

F56F732.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56Deleted (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

CHAPTER IVU.K.ENFORCEMENT AND EXCHANGE OF INFORMATION

Article 23U.K. F74F75Emergency measures in the event of non-compliance with this Regulation by transporters

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Textual Amendments

F74Deleted (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

F56F76Article 24U.K. Mutual assistance and exchange of information

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Textual Amendments

F56Deleted (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

F77Article 25U.K.Penalties

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Textual Amendments

Article 26U.K.F78F79 Infringements and notification of infringements

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Textual Amendments

F78Deleted (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

F80Article 27U.K.Inspections and annual reports by the competent authorities

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Textual Amendments

F56Article 28U.K. [F56On-the-spot checks]

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Textual Amendments

F56Deleted (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 29U.K.Guides to good practice

[F81The 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). F82...

Textual Amendments

[F83 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

CHAPTER VU.K.IMPLEMENTING POWERS AND F84... PROCEDURE

Article 30U.K.Amendment of the Annexes and implementing rules

1.[F85The appropriate authority may, by regulations, amend the Annexes to the Regulation], with a view in particular to their adaptation to technological and scientific progressF86....

2.[F87The appropriate authority may, by regulations, provide any] detailed rules necessary for the implementation of this Regulation F88....

3.Certificates or other documents provided for by the [F89retained EU] veterinary legislation for live animals may be supplemented [F90by the appropriate authority, by regulations,] in order to take into account of the requirements of this Regulation.

4.[F91The appropriate authority may, by regulations, extend the obligation] to hold a certificate of competence as provided for in Article 6(5) F92... to drivers or attendants of other domestic species F93....

5.Derogations from paragraph 2(e) of Chapter I of Annex I may be adopted by [F94the appropriate authority, through regulations,] in case of exceptional market support measures due to movement restrictions under veterinary disease control measures. F95...

6.Derogations concerning requirements for long journeys to take account of the remoteness of certain regions from the mainland of [F96Great Britain], may be adopted [F97by the appropriate authority, through regulations].

F987.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F998.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F100Article 30aU.K.Regulations: general

1.Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

4.A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

5.A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6.Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

8.Regulations made under this Regulation may—

(a)

contain consequential, incidental, supplementary, transitional or saving provision, including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1)of the European Union (Withdrawal) Act 2018);

(b)

make different provision for different purposes.

9.Before making any regulations under this Regulation, an appropriate authority must consult—

(a)

such bodies or persons as appear to the appropriate authority to be representative of the interests likely to be substantially affected by the regulations;

(b)

such other bodies or persons as the appropriate authority may consider appropriate.]

Textual Amendments

F101Article 31U.K.Committee procedure

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Textual Amendments

F102Article 32U.K.Report

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Textual Amendments

Textual Amendments

CHAPTER VIU.K.FINAL PROVISIONS

[F103Article 33U.K.Repeals

References to Directive 91/628/EEC and Regulation (EC) No 411/98 shall be construed as references to this Regulation.]

Textual Amendments

F104Article 34U.K.Amendments to Directive 64/432/EEC

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Textual Amendments

F104Article 35U.K.Amendment to Directive 93/119/EC

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Textual Amendments

F104Article 36U.K.Amendments to Regulation (EC) No 1255/97

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Textual Amendments

Article 37U.K.Entry into force and date of application

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

It shall apply as from 5 January 2007.

However, Article 6(5) shall apply as from 5 January 2008.

F105...

Textual Amendments

ANNEX IU.K.TECHNICAL RULES(as referred to in Article 6(3), Article 8(1), Article 9(1) and (2)(a))

CHAPTER IU.K.FITNESS FOR TRANSPORT

1.No animal shall be transported unless it is fit for the intended journey, and all animals shall be transported in conditions guaranteed not to cause them injury or unnecessary suffering.U.K.

2.Animals that are injured or that present physiological weaknesses or pathological processes shall not be considered fit for transport and in particular if:U.K.

(a)

they are unable to move independently without pain or to walk unassisted;

(b)

they present a severe open wound, or prolapse;

(c)

they are pregnant females for whom 90 % or more of the expected gestation period has already passed, or females who have given birth in the previous week;

(d)

they are new-born mammals in which the navel has not completely healed;

(e)

they are pigs of less than three weeks, lambs of less than one week and calves of less than ten days of age, unless they are transported less than 100 km;

(f)

they are dogs and cats of less than eight weeks of age, unless they are accompanied by their mother;

(g)

they are cervine animals in velvet.

3.However, sick or injured animals may be considered fit for transport if they are:U.K.

(a)

slightly injured or ill and transport would not cause additional suffering; in cases of doubt, veterinary advice shall be sought;

(b)

transported for the purposes of [F106the Animals (Scientific Procedures) Act 1986] if the illness or injury is part of a research programme;

(c)

transported under veterinary supervision for or following veterinary treatment or diagnosis. However, such transport shall be permitted only where no unnecessary suffering or ill treatment is caused to the animals concerned;

(d)

animals that have been submitted to veterinary procedures in relation to farming practices such as dehorning or castration, provided that wounds have completely healed.

Textual Amendments

4.When animals fall ill or are injured during transport, they shall be separated from the others and receive first-aid treatment as soon as possible. They shall be given appropriate veterinary treatment and if necessary undergo emergency slaughter or killing in a way which does not cause them any unnecessary suffering.U.K.

5.Sedatives shall not be used on animals to be transported unless strictly necessary to ensure the welfare of the animals and shall only be used under veterinary supervision.U.K.

6.Lactating females of bovine, ovine and caprine species not accompanied by their offspring shall be milked at intervals of not more than 12 hours.U.K.

7.Requirements of paragraphs 2(c) and 2(d) do not apply for registered Equidae if the purpose of the journeys is to improve the health and welfare conditions of birth, or for newly born foals with their registered mares, provided that in both cases the animals are permanently accompanied by an attendant, dedicated to them during the journey.U.K.

CHAPTER IIU.K.MEANS OF TRANSPORT

1.Provisions for all means of transportU.K.

1.1.Means of transport, containers and their fittings shall be designed, constructed, maintained and operated so as to:U.K.
(a)

avoid injury and suffering and to ensure the safety of the animals;

(b)

protect the animals from inclement weather, extreme temperatures and adverse changes in climatic conditions;

(c)

be cleaned and disinfected;

(d)

prevent the animals escaping or falling out and be able to withstand the stresses of movements;

(e)

ensure that air quality and quantity appropriate to the species transported can be maintained;

(f)

provide access to the animals to allow them to be inspected and cared for;

(g)

present a flooring surface that is anti-slip;

(h)

present a flooring surface that minimises the leakage of urine or faeces;

(i)

provide a means of lighting sufficient for inspection and care of the animals during transport.

1.2.Sufficient space shall be provided inside the animals' compartment and at each of its levels to ensure that there is adequate ventilation above the animals when they are in a naturally standing position, without on any account hindering their natural movement.U.K.
1.3.For wild animals and for species other than domestic Equidae or domestic animals of bovine, ovine, caprine and porcine species where appropriate, the following documents shall accompany the animals:U.K.
(a)

a notice indicating that the animals are wild, timid or dangerous;

(b)

written instructions about feeding, watering and any special care required.

1.4.Partitions shall be strong enough to withstand the weight of animals. Fittings shall be designed for quick and easy operation.U.K.
1.5.Piglets of less than 10 kgs, lambs of less than 20 kgs, calves of less than six months and foals of less than four months of age shall be provided with appropriate bedding material or equivalent material which guarantees their comfort appropriate to the species, the number of animals being transported, the journey time, and the weather. This material has to ensure adequate absorption of urine and faeces.U.K.
1.6.Without prejudice to F107... rules on crew and passenger safety, where transport on a vessel, an aircraft or a rail wagon is to last more than three hours, a means of killing suitable for the species shall be available to the attendant or a person on board who has the necessary skill to perform this task humanely and efficiently.U.K.

Textual Amendments

2.Additional provisions for transport by road or railU.K.

2.1.Vehicles in which animals are transported shall be clearly and visibly marked indicating the presence of live animals, except when the animals are transported in containers marked in accordance with paragraph 5.1.U.K.
2.2.Road vehicles shall carry suitable equipment for loading and unloading.U.K.
2.3.When assembling trains and during all other movement of rail wagons every precaution shall be taken to avoid jolting of a rail wagon containing animals.U.K.

3.Additional provisions for transport on roll-on-roll-off vesselsU.K.

3.1.Before loading onto a vessel the master shall verify that when vehicles are loaded:U.K.
(a)

on enclosed decks, the vessel is equipped with an appropriate forced ventilation system and it is fitted with an alarm system and an adequate secondary source of power in case of failure;

(b)

on open decks, adequate protection from sea water is provided.

3.2.Road vehicles and rail wagons shall be equipped with a sufficient number of adequately designed, positioned and maintained securing points enabling them to be securely fastened to the vessel. Road vehicles and rail wagons shall be secured to the vessel before the start of the sea journey to prevent them being displaced by the motion of the vessel.U.K.

4.Additional provisions for transport by airU.K.

4.1.Animals shall be transported in containers, pens or stalls appropriate for the species, which comply with International Air Transport Association (IATA) live animals Regulations, in its version referred to in Annex VI.U.K.
4.2.Animals shall be transported only in conditions where air quality, temperature and pressure can be maintained within an appropriate range during the entire journey, having regard to the species of animals.U.K.

5.Additional provisions for transport in containersU.K.

5.1.Containers in which animals are transported shall be clearly and visibly marked, indicating the presence of live animals and with a sign indicating the top of the container.U.K.
5.2.During transport and handling, containers shall always be kept upright and severe jolts or shaking shall be minimised. Containers shall be secured so as to prevent displacement due to the movement of the means of transport.U.K.
5.3.Containers of more that 50 kg shall be equipped with a sufficient number of adequately designed, positioned and maintained securing points enabling them to be securely fastened to the means of transport where they are to be loaded. Containers shall be secured to the means of transport before the start of the journey to prevent displacement due to the motion of the means of transport.U.K.

CHAPTER IIIU.K.TRANSPORT PRACTICES

1.Loading, unloading and handlingU.K.

1.1.Due regard shall be paid to the need of certain categories of animals, such as wild animals, to become acclimatised to the mode of transport prior to the proposed journey.U.K.
1.2.Where loading or unloading operations last for more than four hours, except for poultry:U.K.
(a)

appropriate facilities shall be available in order to keep, feed and water the animals outside the means of transport without being tied;

(b)

operations shall be supervised by an authorised veterinarian and particular precautions shall be taken to ensure that the welfare of the animals is properly maintained during these operations.

Facilities and proceduresU.K.
1.3.Facilities for loading and unloading, including the flooring, shall be designed, constructed, maintained and operated so as to:U.K.
(a)

prevent injury and suffering and minimise excitement and distress during animal movements as well as to ensure the safety of the animals. In particular, surfaces shall not be slippery and lateral protections shall be provided so as to prevent animals from escaping;

(b)

be cleaned and disinfected.

1.4.
(a)

Ramps shall not be steeper than an angle of 20 degrees, that is 36,4 % to the horizontal for pigs, calves and horses and an angle of 26 degrees 34 minutes, that is 50 % to the horizontal for sheep and cattle other than calves. Where the slope is steeper than 10 degrees, that is 17,6 % to the horizontal, ramps shall be fitted with a system, such as provided by foot battens, which ensure that the animals climb or go down without risks or difficulties;

(b)

lifting platforms and upper floors shall have safety barriers so as to prevent animals falling or escaping during loading and unloading operations.

1.5.Goods which are being transported in the same means of transport as animals shall be positioned so that they do not cause injury, suffering or distress to the animals.U.K.
1.6.Appropriate lighting shall be provided during loading and unloading.U.K.
1.7.When containers loaded with animals are placed one on top of the other on the means of transport, the necessary precautions shall be taken:U.K.
(a)

to avoid, or in the case of poultry, rabbits and fur animals, to limit urine and faeces falling on the animals placed underneath;

(b)

to ensure stability of the containers;

(c)

to ensure that ventilation is not impeded.

HandlingU.K.
1.8.It shall be prohibited to:U.K.
(a)

strike or kick the animals;

(b)

apply pressure to any particularly sensitive part of the body in such a way as to cause them unnecessary pain or suffering;

(c)

suspend the animals themselves by mechanical means;

(d)

lift or drag the animals by head, ears, horns, legs, tail or fleece, or handle them in such a way as to cause them unnecessary pain or suffering;

(e)

use prods or other implements with pointed ends;

(f)

knowingly obstruct any animal which is being driven or led through any part where animals are handled.

1.9.The use of instruments which administer electric shocks shall be avoided as far as possible. In any case, these instruments shall only be used for adult bovine animals and adult pigs which refuse to move and only when they have room ahead of them in which to move. The shocks shall last no longer than one second, be adequately spaced and shall only be applied to the muscles of the hindquarters. Shocks shall not be used repeatedly if the animal fails to respond.U.K.
1.10.Markets or assembly centres shall provide equipment for tethering animals when necessary. Animals not used to being tied shall remain untied. Animals shall have access to water.U.K.
1.11.Animals shall not be tied by the horns, the antlers, the nose rings nor by legs tied together. Calves shall not be muzzled. Domestic Equidae older than eight months shall wear halters during transport except for unbroken horses.U.K.

When animals need to be tied, the ropes, tethers or other means used shall be:

(a)

strong enough not to break during normal transport conditions;

(b)

such as to allow the animals, if necessary, to lie down and to eat and drink;

(c)

designed in such a way as to eliminate any danger of strangulation or injury, and so as to allow animals to be quickly released.

SeparationU.K.
1.12.Animals shall be handled and transported separately in the following cases:U.K.
(a)

animals of different species;

(b)

animals of significantly different sizes or ages;

(c)

adult breeding boars or stallions;

(d)

sexually mature males from females;

(e)

animals with horns from animals without horns;

(f)

animals hostile to each other;

(g)

tied animals from untied animals.

1.13.Points (a), (b), (c) and (e) of paragraph 1.12. shall not apply where the animals have been raised in compatible groups, are accustomed to each other, where separation will cause distress or where females are accompanied by dependent young.U.K.

2.During transportU.K.

2.1.Space allowances shall at least comply with the figures laid down, in respect of the animals and the means of transport referred to, in Chapter VII.U.K.
2.2.Domestic Equidae except mares travelling with their foals shall be transported in individual stalls when the vehicle is loaded onto a Roll-on-Roll-off vessel. Derogation to this provision may be granted under national rules F108....U.K.

Textual Amendments

2.3.Equidae shall not be transported in multi-deck vehicles except if animals are loaded on the lowest deck with no animals on higher deck. The minimum internal height of compartment shall be at least 75 cm higher than the height of the withers of the highest animal.U.K.
2.4.Unbroken Equidae shall not be transported in groups of more than four individuals.U.K.
2.5.Paragraphs 1.10. to 1.13. shall apply mutatis mutandis to the means of transport.U.K.
2.6.Sufficient ventilation shall be provided to ensure that the needs of the animals are fully met taking into account in particular the number and type of the animals to be transported and the expected weather conditions during the journey. Containers shall be stored in a way which does not impede their ventilation.U.K.
2.7.During transport, animals shall be offered water, feed and the opportunity to rest as appropriate to their species and age, at suitable intervals and in particular as referred to in Chapter V. If not otherwise specified, Mammals and Birds shall be fed at least every 24 hours and watered at least every 12 hours. The water and feed shall be of good quality and presented to the animals in a way which minimises contamination. Due regard shall be paid to the need of animals to become accustomed to the mode of feeding and watering.U.K.

CHAPTER IVU.K.ADDITIONAL PROVISIONS FOR LIVESTOCK VESSELS OR VESSELS TRANSPORTING SEA CONTAINERS

SECTION 1U.K.Construction and equipment requirements for livestock vessels

1.Strength for pen rails and decks shall be appropriate to the transported animals. Strength calculations of pen rails and decks shall be verified during construction or conversion of the livestock vessel by a classification society approved by [F18the competent authority].U.K.
2.Compartments where animals are to be transported shall be equipped with a forced ventilation system which gives sufficient capacity to change the air in its entire volume as follows:U.K.
(a)

40 air changes per hour if the compartment is fully enclosed and the clear height is less or equal to 2,30 meters;

(b)

30 air changes per hour if the compartment is fully enclosed and the clear height is more than 2,30 meters;

(c)

75 % of the above relevant capacity if the compartment is partially enclosed.

3.Storage or production capacity for fresh water shall be appropriate to meet the water requirement laid down in Chapter VI taking into account the maximum number and the type of animals to be transported as well as the maximum duration of the intended journeys.U.K.
4.The fresh water system shall be capable of supplying freshwater continuously in each livestock area and sufficient receptacles shall be available to ensure that all animals have easy and constant access to fresh water. Alternative pumping equipment shall be available to ensure water supply in the event of failure of the primary pumping system.U.K.
5.The drainage system shall be of appropriate capacity to drain fluids from pens and decks under all conditions. Drainpipes and channels shall collect the fluids in wells or tanks from where sewage can be discharged by means of pumps or ejectors. Alternative pumping equipment shall be available to ensure drainage in the event of failure of the primary pumping system.U.K.
6.Livestock areas, passageways and ramps to livestock areas shall be provided with sufficient lighting. Emergency lighting shall be available in case of a failure of the main electrical installation. Sufficient portable lighting shall be provided to allow the attendant adequate inspection and care of the animals.U.K.
7.A fire fighting system shall be appropriately installed in all livestock areas and fire equipment within the livestock areas shall comply with the most recent the International Convention for the Safety of Life at Sea (SOLAS) standards regarding fire protection, fire detection and fire extinction.U.K.
8.The following systems for livestock shall be equipped with a monitoring, control and alarm system in the wheelhouse:U.K.
(a)

ventilation;

(b)

fresh water supply and drainage;

(c)

lighting;

(d)

fresh water production if necessary.

9.A primary source of power shall be sufficient to supply continuous power for the systems for livestock referred to in paragraphs (2) (4) (5) and (6) under normal operation of the livestock vessel. A secondary source of power shall be sufficient to replace the primary source of power for a continuous period of three days.U.K.

SECTION 2U.K.Feed and water supply on livestock vessels or vessels transporting sea containers

Livestock vessels or vessels transporting sea containers with domestic Equidae and domestic animals of bovine, ovine, caprine and porcine species, for journeys exceeding 24 hours, shall carry from the time of departure sufficient bedding as well as sufficient feed and water to cover the minimum daily feed and water supply requirements set out in Table 1 for the intended journey plus 25 % or three days' spare supply of bedding, feed and water, whichever is the greater.

Table 1Minimum daily feed and water supply on livestock vessels or vessels transporting sea containersU.K.
a

The minimum water supply requirements laid down in the fourth column may be replaced for all species by a water supply of 10 % of the live weight of the animals.

CategoryFeed(in % of live weight of animals)Fresh water (litres per animal)a
FodderConcentrated feed
Cattle and Equidae21,645
Sheep21,84
Pigs—310

Fodder may be replaced by concentrated feed and vice versa. However, due regard shall be paid to the need of certain categories of animals, to become accustomed to the change of feed with regard to their metabolic needs.

CHAPTER VU.K.WATERING AND FEEDING INTERVAL, JOURNEY TIMES AND RESTING PERIODS

1.Domestic Equidae, domestic animals of bovine, ovine, caprine and porcine speciesU.K.

1.1.The requirements laid down in this Section apply to the movement of domestic Equidae, except registered Equidae, domestic animals of bovine, ovine, caprine and porcine species, except in the case of air transport.U.K.
1.2.Journey times for animals belonging to the species referred to in point 1.1. shall not exceed eight hours.U.K.
1.3.The maximum journey time in point 1.2. may be extended if the additional requirements of Chapter VI are met.U.K.
1.4.The watering and feeding intervals, journey times and rest periods when using road vehicles which meet the requirements in point 1.3. are defined as follows:U.K.
(a)

Unweaned calves, lambs, kids and foals which are still on a milk diet and unweaned piglets must, after nine hours of travel, be given a rest period of at least one hour sufficient in particular for them to be given liquid and if necessary fed. After this rest period, they may be transported for a further nine hours;

(b)

Pigs may be transported for a maximum period of 24 hours. During the journey, they must have continuous access to water;

(c)

Domestic Equidae may be transported for a maximum period of 24 hours. During the journey they must be given liquid and if necessary fed every eight hours;

(d)

All other animals of the species referred to in point 1.1. must, after 14 hours of travel, be given a rest period of at least one hour sufficient for them in particular to be given liquid and if necessary fed. After this rest period, they may be transported for a further 14 hours.

1.5.After the journey time laid down, animals must be unloaded, fed and watered and be rested for at least 24 hours.U.K.
1.6.Animals must not be transported by train if the maximum journey time exceeds that laid down in point 1.2. However, the journey times laid down in point 1.4. shall apply where the conditions laid down in points 1.3. and 1.4, except for rest periods, are met.U.K.
1.7.
(a)

Animals must not be transported by sea if the maximum journey time exceeds that laid down in point 1.2, unless the conditions laid down in points 1.3. and 1.4, apart from journey times and rest periods, are met.

(b)

In the case of transport by sea on a regular and direct link between two geographical points F109... by means of vehicles loaded on to vessels without unloading of the animals, the latter must be rested for 12 hours after unloading at the port of destination or in its immediate vicinity unless the journey time at sea is such that the voyage can be included in the general scheme of points 1.2. to 1.4.

Textual Amendments

F109Words in Annex 1 Ch. 5 para. 1.7(b) omitted (31.12.2020) by virtue of The Animal Welfare (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/802), regs. 1, 3(40)(e)(i) (as substituted by S.I. 2020/1590, regs. 1(1)(b)(i), 2(29)); 2020 c. 1, Sch. 5 para. 1(1)

1.8.In the interests of the animals, the journey times in points 1.3, 1.4. and 1.7(b) may be extended by two hours, taking account in particular of proximity to the place of destination.U.K.
F1101.9.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

2.Other speciesU.K.

2.1.For poultry, domestic birds and domestic rabbits, suitable food and water shall be available in adequate quantities, save in the case of a journey lasting less than:U.K.
(a)

12 hours disregarding loading and unloading time; or

(b)

24 hours for chicks of all species, provided that it is completed within 72 hours after hatching.

2.2.Dogs and cats being transported shall be fed at intervals of not more than 24 hours and given water at intervals of not more than eight hours. There shall be clear written instructions about feeding and watering.U.K.
2.3.Other species other than those referred to in point 2.1. or 2.2. shall be transported in accordance with the written instructions about feeding and watering and taking into account any special care required.U.K.

CHAPTER VIU.K.ADDITIONAL PROVISIONS FOR LONG JOURNEYS OF DOMESTIC EQUIDAE AND DOMESTIC ANIMALS OF BOVINE, OVINE, CAPRINE AND PORCINE SPECIES

1.All long journeysU.K.

RoofU.K.
1.1.The means of transport shall be equipped with a roof of light-colour and be properly insulated.U.K.
Floor and BeddingU.K.
1.2.Animals shall be provided with appropriate bedding or equivalent material which guarantees their comfort appropriate to the species, the number of animals being transported, the journey time, and the weather. This material has to ensure adequate absorption of urine and faeces.U.K.
FeedU.K.
1.3.The means of transport shall carry a sufficient quantity of appropriate feedingstuff for the feeding requirements of the animals in question during the journey concerned. The feedingstuffs shall be protected from the weather and from contaminants such as dust, fuel, exhaust gases and animal urine and dung.U.K.
1.4.Where specific feeding equipment is used for the feeding of animals, that equipment shall be transported in the means of transport.U.K.
1.5.Where feeding equipment as referred to in paragraph 1.4. is used, it shall be so designed that, if necessary, it is attached to the means of transport to prevent its being overturned. When the means of transport is moving and when the equipment is not in use, it shall be stored separate from the animals.U.K.
PartitionsU.K.
1.6.Equidae shall be transported in individual stalls except mares travelling with their foals.U.K.
1.7.The means of transport must be fitted with partitions so that separate compartments may be created, while providing all the animals with free access to water.U.K.
1.8.The partitions shall be constructed in such a way that they can be placed in different positions so that the size of compartment can be adapted to specific requirements, and to the type, size and number of animals.U.K.
Minimum criteria for certain speciesU.K.
1.9.Except if accompanied by their mother, long journeys are only permitted for domestic Equidae and domestic animals of bovine and porcine species if:U.K.

  • domestic Equidae are older than four months, with the exception of registered Equidae,

  • calves are older than fourteen days,

  • pigs are heavier than 10 kgs.

Unbroken horses shall not be transported on long journeys.

2.Water supply for transport by road, rail or sea containersU.K.

2.1.The means of transport and sea containers shall be equipped with a water supply that makes it possible for the attendant to provide water instantly whenever it is necessary during the journey, so that each animal has access to water.U.K.
2.2.The watering devices shall be in good working order and be appropriately designed and positioned for the categories of animals to be watered on board the vehicle.U.K.
2.3.The water tanks' total capacity for each means of transport shall be at least equal to 1,5 % of its maximum payload. Water tanks must be designed so that they can be drained and cleaned after each journey and must be fitted with a system allowing their water level to be checked. They must be connected to drinking devices within the compartments and maintained in good working order.U.K.
2.4.A derogation from point 2.3. may apply to sea containers exclusively used on vessels that supply water to them from the vessel's own water tanks.U.K.

3.Ventilation for means of transport by road and temperature monitoringU.K.

3.1.Ventilation systems on means of transport by road shall be designed, constructed and maintained in such way that, at any time during the journey, whether the means of transport is stationary or moving, they are capable of maintaining a range of temperatures from 5 oC to 30 oC within the means of transport, for all animals, with a +/- 5 oC tolerance, depending on the outside temperature.U.K.
3.2.The ventilation system must be capable of ensuring even distribution throughout with a minimum airflow of nominal capacity of 60 m3/h/KN of payload. It must be capable of operating for at least 4 hours, independently of the vehicle engine.U.K.
3.3.Means of transport by road must be fitted with a temperature monitoring system as well as with a means of recording such data. Sensors must be located in the parts of the lorry which, depending on its design characteristics, are most likely to experience the worst climatic conditions. Temperature recordings obtained in such manner shall be dated and made available to [F18the competent authority] upon request.U.K.
3.4.Means of transport by road must be fitted with a warning system in order to alert the driver when the temperature in the compartments where animals are located reaches the maximum or the minimum limit.U.K.
3.5F111...U.K.

Textual Amendments

4.Navigation SystemU.K.

4.1.Means of transport by road must be equipped as from 1 January 2007 for means of transport by road for the first time in service and as from 1 January 2009 onwards for all means of transport, with the appropriate Navigation System allowing for recording and providing information equivalent to those mentioned in the journey log [F112in accordance with the form published by an Appropriate Minister from time to time], and information concerning opening/closing of the loading flap.U.K.

Textual Amendments

4.2F113...U.K.

Textual Amendments

4.3F114...U.K.

Textual Amendments

CHAPTER VIIU.K.SPACE ALLOWANCES

Space allowances for animals shall comply at least with the following figures:

A.Domestic equidaeU.K.

Transport by railU.K.
a

The standard useable width of wagons is 2 to 2 m.

Adult horses1,75 m2 (0,7 × 2,5 m)a
Young horses (6 — 24 months) (for journeys of up to 48 hours)1,2 m2 (0,6 × 2 m)
Young horses (6 — 24 months) (for journeys over 48 hours)2,4 m2 (1,2 × 2 m)
Ponies (under 144 cm)1 m2 (0,6 × 1,8 m)
Foals (0 — 6 months)1,4 m2 (1 × 1,4 m)

Note: During long journeys, foals and young horses must be able to lie downU.K.

These figures may vary by a maximum of 10 % for adult horses and ponies and by a maximum of 20 % for young horses and foals, depending not only on the horses' weight and size but also on their physical condition, the meteorological conditions and the likely journey time.

Transport by roadU.K.
Adult horses1,75 m2 (0,7 × 2,5 m)
Young horses (6 — 24 months) (for journeys of up to 48 hours)1,2 m2 (0,6 × 2 m)
Young horses (6 — 24 months) (for journeys over 48 hours)2,4 m2 (1,2 × 2 m)
Ponies (under 144 cm)1 m2 (0,6 × 1,8 m)
Foals (0 — 6 months)1,4 m2 (1 × 1,4 m)

Note: During long journeys, foals and young horses must be able to lie downU.K.

These figures may vary by a maximum of 10 % for adult horses and ponies and by a maximum of 20 % for young horses and foals, depending not only on the horses' weight and size but also on their physical condition, the meteorological conditions and the likely journey time.

Transport by airU.K.

Loading density of horses in relation to surface area

0 — 100 kg0,42 m2
100 — 200 kg0,66 m2
200 — 300 kg0,87 m2
300 — 400 kg1,04 m2
400 — 500 kg1,19 m2
500 — 600 kg1,34 m2
600 — 700 kg1,51 m2
700 — 800 kg1,73 m2
Transport by seaU.K.
Live weight in kgm2/animal
200 — 3000,9 — 1,175
300 — 4001,175 — 1,45
400 — 5001,45 — 1,725
500 — 6001,725 — 2
600 — 7002 — 2,25

B.Bovine animalsU.K.

Transport by railU.K.
CategoryApproximate weight (in kg)Area in m2/animal
Small calves500,3 to 0,4
Medium sized calves1100,4 to 0,7
Heavy calves2000,7 to 0,95
Medium sized cattle3250,95 to 1,3
Heavy cattle5501,3 to 1,6
Very heavy cattle> 700> 1,6

These figures may vary, depending not only on the animals' weight and size but also on their physical condition, the meteorological conditions and the likely journey time.

Transport by roadU.K.
CategoryApproximate weight (in kg)Area in m2/animal
Small calves500,3 to 0,4
Medium sized calves1100,4 to 0,7
Heavy calves2000,7 to 0,95
Medium sized cattle3250,95 to 1,3
Heavy cattle5501,3 to 1,6
Very heavy cattle> 700> 1,6

These figures may vary, depending not only on the animals' weight and size but also on their physical condition, the meteorological conditions and the likely journey time.

Transport by airU.K.
CategoryApproximate weight (in kg)Area in m2/animal
Calves

50

70

0,23

0,28

Cattle

300

500

0,84

1,27

Transport by seaU.K.
Live weight in kgm2/animal
200 — 3000,81 — 1,0575
300 — 4001,0575 — 1,305
400 — 5001,305 — 1,5525
500 — 6001,5525 — 1,8
600 — 7001,8 — 2,025

Pregnant animals must be allowed 10 % more space.

C.Sheep/GoatsU.K.

Transport by railU.K.
CategoryWeight in kgArea in m2/animal
Shorn sheep< 550,2 to 0,3
> 55> 0,3
Unshorn sheep< 550,3 to 0,4
> 55> 0,4
Heavily pregnant ewes< 550,4 to 0,5
> 55> 0,5
Goats< 350,2 to 0,3
35 to 550,3 to 0,4
> 550,4 to 0,75
Heavily pregnant goats< 550,4 to 0,5
> 55> 0,5

The surface area indicated above may vary depending on the breed, the size, the physical condition and the length of fleece of the animals, as well as on the meteorological conditions and the journey time.

Transport by roadU.K.
CategoryWeight in kgArea in m2/animal
Shorn sheep and lambs of 26 kg and over< 550,2 to 0,3
> 55> 0,3
Unshorn sheep< 550,3 to 0,4
> 55> 0,4
Heavily pregnant ewes< 550,4 to 0,5
> 55> 0,5
Goats< 350,2 to 0,3
35 to 550,3 to 0,4
> 550,4 to 0,75
Heavily pregnant goats< 550,4 to 0,5
> 55> 0,5

The surface area indicated above may vary depending on the breed, the size, the physical condition and the length of fleece of the animals, as well as on the meteorological conditions and the journey time. As an indication: for small lambs, an area of under 0,2 m2 per animal may be provided.

Transport by airU.K.

Loading density for sheep and goats in relation to surface area

Average weight (in kg)Surface area per sheep/goat (in m2)
250,2
500,3
750,4
Transport by seaU.K.
Live weight in kgm2/animal
20 — 300,24 — 0,265
30 — 400,265 — 0,29
40 — 500,29 — 0,315
50 — 600,315 — 0,34
60 — 700,34 — 0,39

D.PigsU.K.

Transport by rail and by roadU.K.

All pigs must at least be able to lie down and stand up in their natural position.

In order to comply with these minimum requirements, the loading density for pigs of around 100 kg should not exceed 235 kg/m2.

The breed, size and physical condition of the pigs may mean that the minimum required surface area given above has to be increased; a maximum increase of 20 % may also be required depending on the meteorological conditions and the journey time.

Transport by airU.K.

The loading density should be relatively high to preclude injury on takeoff or landing or in the event of turbulence, although all animals must still be able to lie down. The climate, total journey time and hour of arrival should be taken into account in deciding on the loading density.

Average weightSurface area per pig
15 kg0,13 m2
25 kg0,15 m2
50 kg0,35 m2
100 kg0,51 m2
Transport by seaU.K.
Live weight in kgm2/animal
10 or less0,2
200,28
450,37
700,6
1000,85
1400,95
1801,1
2701,5

E.PoultryU.K.

Densities applicable to the transport of poultry in containersU.K.

Minimum floor areas shall be provided as follows:

CategoryArea in cm2
Day-old chicks21 — 25 per chick
Poultry other than day-old chicks: weight in kgArea in cm2 per kg
< 1,6180 — 200
1,6 to < 3160
3 to < 5115
> 5105

These figures may vary depending not only on the weight and size of the birds but also on their physical condition, the meteorological conditions and the likely journey time.

Articles 5(4) and 8(2)

[F115ANNEX 2U.K.JOURNEY LOG

Textual Amendments

1.InterpretationU.K.

In this Annex—

(a)“journey” means a journey of the kind described in Article 5(4);

(b)“organiser” means the person who has overall responsibility for planning a journey and preparing the journey log in respect of the journey;

(c)references in paragraphs 7, 8, 10, 11, 13 and 14 to the journey log in relation to a journey are to the journey log which is or was required to accompany the animals during the journey (as the case may be).

2.Form of journey logU.K.

A journey log must comprise the following sections—

Section 1 – Planning
Section 2 – Place of departure
Section 3 – Place of destination or place of transit
Section 4 – Declaration by transporter
Section 5 – Specimen anomaly report

3.Each Section must be in the form published by the Appropriate Minister from time to time and, where the journey log is in paper form, the Sections must be fastened together.U.K.

4.Obligations of the organiserU.K.

The organiser of a journey must—

(a)compile a journey log for the journey in accordance with paragraphs 2 and 3;

(b)complete and sign Section 1 of the journey log;

(c)submit the completed and signed copy of Section 1 of the journey log to the competent authority for its written approval, in the manner required by the competent authority, at least two working days before the proposed departure date;

(d)comply with any written instructions from the competent authority for the purpose of enabling the competent authority to verify whether the details of the proposed journey in Section 1 of the journey log are realistic and indicate compliance with this Regulation; and

(e)ensure that the proposed journey does not commence before the competent authority has confirmed in writing that—

(i)it is satisfied that the details of the proposed journey in Section 1 of the journey log are realistic and indicate compliance with this Regulation; and

(ii)the GB transporters named in the journey log have valid transporter authorisations, valid certificates of approval for their means of transport and valid certificates of competence for any drivers and attendants.

5.The organiser must ensure that the journey log which has been approved for a journey in accordance with paragraph 4(e)(i) accompanies the animals throughout the entire journey from their place of departure to their place of destination.U.K.

6.

In paragraph 4—

(a)“proposed departure date” means the day on which the proposed journey set out in Section 1 of the journey log is to commence;

(b)“GB transporter” means a transporter who is authorised to carry out journeys in accordance with Article 11;

(c)in point (e), the reference to the details of the proposed journey in Section 1 of the journey log includes any details which have been amended following the submission of that Section to the competent authority pursuant to point (c) of paragraph 4.

7.Completion of Sections 2 and 3 of a journey logU.K.

Where the place of departure, the place of transit (if any) or the place of destination in respect of a journey is in Great Britain, the keeper of the animals at any such place must—

(a)complete and sign Section 2 or 3 of the journey log (as the case may be) at the relevant time; and

(b)inform the competent authority as soon as possible of any reservations the keeper may have regarding compliance with this Regulation by—

(i)completing a copy of Section 5 of the journey log; and

(ii)transmitting the completed copy of that Section, together with a copy of Section 1 of the journey log, to the competent authority.

8.

Where the place of departure, the place of transit (if any) or the place of destination in respect of a journey is outside Great Britain, the organiser must ensure that the keeper of the animals at any such place—

(a)completes and signs Section 2 or 3 of the journey log (as the case may be) at the relevant time; and

(b)informs the competent authority as soon as possible of any reservations the keeper may have regarding compliance with this Regulation by—

(i)completing a copy of Section 5 of the journey log; and

(ii)transmitting the completed copy of that Section, together with a copy of Section 1 of the journey log, to the competent authority.

9.

In paragraphs 7(a) and 8(a), “relevant time”, in relation to a journey, means—

(a)in the case of the keeper of the animals at the place of departure, immediately prior to the loading of the animals at the place of departure;

(b)in the case of the keeper of the animals at a place of transit or at the place of destination, immediately after the animals have been unloaded at the place of transit or the place of destination (as the case may be).

10.Completion of Section 4 of a journey logU.K.

Where the animals being transported on a journey are transported from their place of departure to their place of destination by a single transporter, the transporter must complete and sign Section 4 of the journey log on completion of the journey.

11.

Where the animals being transported on a journey are transported from their place of departure to their place of destination by more than one transporter—

(a)any transporter who is responsible for transporting the animals in Great Britain must complete and sign Section 4 of the journey log at the relevant time; and

(b)the organiser of the journey must ensure that any transporter who is only responsible for transporting the animals for a stage of the journey which takes place entirely outside Great Britain completes and signs Section 4 of the journey log for the journey at the relevant time.

12.In paragraph 11, “the relevant time” means on completion of that part of the journey for which the transporter was responsible for transporting the animals.U.K.

13.Submission and retention of a journey logU.K.

The organiser of a journey must ensure that—

(a)the journey log has been properly completed and signed before the journey log is submitted to the competent authority pursuant to point (b); and

(b)the completed and signed journey log, or where the journey log is in paper form, a copy of the completed and signed journey log, is submitted to the competent authority no later than one month after the day on which the animals were unloaded at their place of destination.

14.Where the journey log is in paper form, the organiser must keep the original completed and signed journey log for a period of three years following completion of the journey and make it available to the competent authority on request.]U.K.

F116Appendix

Textual Amendments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

[F117ANNEX 2AU.K.RELEVANT RETAINED EU VETERINARY LEGISLATION

Textual Amendments

This Annex lists the retained EU veterinary legislation relevant to this Regulation:

(1)The legislation which transposed the following Directives:

(i)Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine;

(ii)Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species;

(iii)Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species;

(iv)Council Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae;

(v)Council Directive 2009/156/EC on animal health conditions governing the movement and importation from third countries of equidae;

(vi)Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs;

(vii)Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals;

(viii)Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals;

(ix)Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I)(1) to Directive 90/425/EEC;

(x)Council Directive 92/118/EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC;

(2)The following instruments:

(i)Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations;

(ii)Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption.]

F118ANNEX IIIU.K.FORMS(as referred to in Articles 10(2), 11(2), 17(2) and 18(2))

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

Textual Amendments

ANNEX IVU.K.TRAINING

1.Road drivers and attendants as referred to in Article 6(5) and Article 17(1) shall have successfully completed the training as provided for in paragraph 2 and have passed an examination approved by [F18the competent authority], which shall ensure that examiners are independent.U.K.

2.The training courses referred to in paragraph 1 shall include at least the technical and administrative aspects of [F119retained EU law] concerning the protection of animals during transport and in particular the following items:U.K.

(a)

Articles 3 and 4 and Annexes I and II;

(b)

animal physiology and in particular drinking and feeding needs, animal behaviour and the concept of stress;

(c)

practical aspects of handling of animals;

(d)

impact of driving behaviour on the welfare of the transported animals and on the quality of meat;

(e)

emergency care for animals;

(f)

safety considerations for personnel handling animals.

Textual Amendments

[F1203.Where a road driver or attendant holds a certificate of competence issued in the Republic of Ireland in accordance with Article 17(2) of the EU Council Regulation, that person will be deemed to have met the requirements of paragraph 1 for the purposes of this Regulation.]U.K.

Textual Amendments

ANNEX VU.K.INTERNATIONAL AGREEMENTS(as referred to in Article 21(1)(e))

The European Convention for the protection of animals during international transport.

ANNEX VIU.K.INTERNATIONAL STANDARDS FOR CONTAINERS, PENS OR STALLS APPROPRIATE FOR TRANSPORTING LIVE ANIMALS BY AIR(as referred to in Annex I, Chapter II (paragraph 4.1))

International Air Transport Association (IATA) live animals regulations 31st Edition, 1 October 2004.

(1)

Opinion delivered on 30 March 2004 (not yet published in the Official Journal).

(3)

OJ L 340, 11.12.1991, p. 17. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(6)

OJ L 174, 2.7.1997, p. 1. Regulation as last amended by Regulation (EC) No 1040/2003 (OJ L 151, 19.6.2003, p. 21).

(8)

OJ L 370, 31.12.1985, p. 8. Regulation as last amended by Commission Regulation (EC) No 432/2004 (OJ L 71, 10.3.2004, p. 3).

(9)

OJ L 224, 18.8.1990, p. 42. Directive as last amended by Directive 2004/68/EC (OJ L 139, 30.4.2004, p. 320).

(10)

OJ P 121, 29.7.1964, p. 1977/64. Directive as last amended by Regulation (EC) No 21/2004 (OJ L 5, 9.1.2004, p. 8).

(11)

OJ L 340, 31.12.1993, p. 21. Directive as amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(16)

[F10Regulation [X1(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) ( [X1OJ L 95, 7.4.2017, p. 1] ).]

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