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Appendix 7: List of Consultation Questions for Stakeholder Response
Section 1: Summary of the consultation issues
No questions
Section 2: Guidance on the Scope of EU Regulation 1/2005
Q.1 Is the guidance proposed on scope clear? Do you wish to recommend any changes?
Q.2 In particular, are there other exemptions that need to be highlighted in the guidance at para 2.11?
Section 3: Transporter Authorisations
Q.3 Do you agree with the proposals relating to self-declaration and checks on compliance with welfare rules from 5 January 2007? If not, what would you propose?
Q.4 Do you agree with the proposals relating to vehicle approval, self-declarations and checks on compliance with welfare rules as regards navigation systems and contingency planning, from 5 January 2007? If not, what would you propose?
Q.5 Is there anything you would add to the declarations?
Q.6 Do you agree with the proposed method of handling the requirements relating to certificate of competence , between 5 January 2007 and 5 January 2008? If not, what would you propose?
Q.7 Do you agree that in the absence of an agreed EU wide navigation system, the UK should not recommend the use of any particular systems at this time?
Q.8 Do you agree with the phased and prioritised approach to authorisations? If not, what would you propose?
Q.9 Do you have views on charging for these authorisations?
Q.10 Do you agree that authorisations should be mode of transport specific?
Q.11 Do you agree that authorisations should be issued covering all species, but that species specific or limited authorisations should be available?
Q.12 If not, how would you propose balancing proportionality of the prospect of removing an authorisation, when the offence may only relate to one species?
Q.13 Do you agree with the proposal to make transporter names and authorisations available to would-be consignees as suggested? If not, what would you propose and why?
Section 4: Road Vehicle (and Container) Approval
Q.14 Do you have any information on the number of vehicles and containers that will be affected by the requirement for inspection and approval relating to the different sectors, including those outside farming (e.g. horses, zoos and the pet trade)?
Q.15 Are you content with the proposal that vehicle inspection and approval be carried out by any body that can demonstrate its capability and competence to deliver through accreditation with the United Kingdom Accreditation Service ( UKAS)?
Q.16 Do you agree that, in addition to UKAS approved non-public bodies, that it is prudent also to give a statutory body such as the State Veterinary Service, the power to approve vehicles?
Q.17 Are you content with these principles outlined in paragraph 4.14 for a vehicle approval scheme? If not, what would you propose?
Q.18 Are you content with requirements described in paragraph 4.15 for a vehicle approval scheme?
Q.19 Do you have any information on the costs and benefits associated with vehicle inspection and approval?
Section 5: Derogations Available for Vehicles on Journeys Between 8-12 hours
Q.20. Do you agree with the rationale for granting derogations (paragraphs 5.3 and 5.5)?
Q.21 Do you agree with the derogations proposed (paragraph 5.4)? If not, what evidence can you supply to refute the rationale?
Q.22 Do you agree with the costs assessment and consequent reduction if these derogations are granted (paragraph 5.6)? Further detail is given in the Partial Regulatory Impact Assessment at Appendix 6.
Q23 Do you support the principle that all vehicles used to transport animals over 8 hours should be inspected and approved? Note that the burden of inspection costs will fall to the transporter - this will not be a free service from the Scottish Executive, Defra or its agencies.
Q.24 Do you think there is a case for derogating from this requirement for UK journeys between 8-12 hours? And if so, why?
Q.25 Are there particular industry sectors affected that should be granted a derogation as opposed to others? By way of example, poultry/birds, horses/ponies, cats and dogs, zoo/performing animals. And if so, which ones and why?
Q.26 Do you think derogations (or the current requirements) will pose any difficulties in terms of enforcement?
Q.27 What welfare benefits will ensue from approval?
Q.28 Do you support or oppose any further derogations available (outlined in the table in Section 5.8)? If so, what evidence can you supply to support your argument?
Section 6: Travel Documentation & Sea Transport
Q.29 Do you agree the retention period for ATCs should remain and unchanged? If not, what would you suggest and why?
Q.30 Do you agree that Animal Movement Licences should be amended to include journey duration?
Q.31 Do you agree with the proposal to require the keeper checks the transporters documentation? If not, why not - and what would you propose instead?
Q.32 Do you think the proposal relating to adding information on records retention & office checks is helpful? If not, why not and what would you add?
Q.33. Do you agree that as far as practicable the current route plan procedure should be retained following the introduction of Journey Logs? In particular, the 10 day notification period? If not, why not & what would you propose?
Section 7: Training & Competence Certification of Drivers of Livestock Vehicles & Attendants
Q.34 Do you agree that satisfactory certification of the competence of transporters and attendants is best achieved by offering both the above options? If not, what would you prefer to see in place?
Section 8: Consequential Amendments, Including Revocation and Retention Of National Welfare Rules
Q.35 Are you content with what we propose in terms of consolidation and revocation?
Q. 36 Do you agree that we should retain parts of WATO that are relevant to journeys not covered by the EU Regulation?
Section 9: Enforcement, Offences, Penalties and Appeals
Q. 37 Do you agree with the way forward outlined for enforcement? If not what additional measures would you like to see and why?
Q.38 Are there any issues of concern should a system based on the above be introduced? If so, please specify.
Q.39. Do you agree that no appeal mechanism is required for vehicle approval?
Section 10: Guidance and Publicity Arrangements
Q.40 We wish to provide guidance that can be easily used. How can the new guidance be best structured?
Q.41 Can you suggest alternative or additional distribution routes? Are there other Government Departments or Agencies that you have contact with?
Q.42 Do you have any evidence contrary to the Farm Practices Survey to suggest that a significant proportion of Farmers would find the over 8 - hour leaflet helpful?
Q.43 For the non-farmed sectors, can you suggest any alternative approaches to get the message across to your members?
Q.44 What type of guidance would you find particularly helpful?
Q.45 Are there additional publicity mechanisms we should use? What support can your organisation offer?
Partial Regulatory Impact Assessment (Appendix 6)
Section 5.27
Q1. Are there other benefits of the Regulation and/or various options that have not been covered here?
Q.2 Have we fully covered the benefits of each option in connection with their impacts on small businesses?
Q.3 What period of time should be allowed for phasing in of the ramp angles for existing vehicles? Please justify your comments.
Section 5.44
Q.1 Can you provide improved cost data for your sector?
Q.2 Have we omitted significant financial benefits/costs that could affect our options?
Q.3 Do you have any improved data on the number of businesses in your sector that are likely to be affected?
Q.4 Do our working assumptions of costs reflect your knowledge of your industry? If not, what figures should we be using?
Q.5 The costs of conversion of vehicles to meet the new ramp angle standards have been difficult to assess, can you refine our best estimates?
Section 6.5
Q1. Do you consider the proposals to be a challenge/threat/opportunity to your business/your industry as a whole? What are these and reasons?
Q.2 What are the workforce impacts likely to be for small firms?
Q.3 Is the sector you work in likely to expand or contract as a result of these proposals? Will there be new entrants or mergers?
Q.4 What affect do you think the Regulation will have on income/profit within the industry and your firm? What are the implications of this for your business, the industry and the public at large?
Q.5 Are there other matters you wish to raise in connection with these proposals?
Q.6 Do you have any cost or industry data that can help us evaluate the costs and benefits relating to small businesses/ your industry sector as a whole?
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