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Section 1: Summary of the Consultation Issues
Background
1.1. EU Regulation 1/2005 1 on the welfare of animals during transport comes into force on 5 January 2007, with requirements for competence certificates coming into force on 5 January 2008. You are advised to read this consultation document in parallel with the EU Regulation, which can be viewed at the following web address http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/oj/2005/l_003/l_00320050105en00010044.pdf .
1.2. The new Regulation replaces EU Directive 91/628 as amended by 95/29 and in turn necessitates the replacement of current national legislation - the Welfare of Animals (Transport) Order 1997 ( WATO) which implemented those Directives. While the Regulation is directly applicable, national legislation is needed to provide for enforcement and penalty provisions, proposed derogations from the rules and potential charges for authorisations. The Regulation aims to improve animal welfare through raising transportation standards. In particular, it provides significant improvements in enforcement capability in respect of all species. The new rules are generally supported by farming industry and welfare groups. However, several are potentially burdensome on farmers and commercial transporters. In recognition of this, we intend that implementation should strike a balance between animal welfare benefits, cost and ease of compliance/enforcement - particularly where the burdens fall on small businesses. This document describes proposals to implement the Regulation in Scotland and seeks your views on those proposals.
Scope of this consultation
1.3. The competent authorities for application of the Regulation in the UK are: Defra in England, the Scottish Executive Environment & Rural Affairs Department ( SEERAD) in Scotland, the Welsh Assembly Government ( WAG) in Wales and the Department of Agriculture and Rural Development for Northern Ireland ( DARDNI). This consultation focuses on the implementation arrangements in Scotland. However it is the intention to put in place similar arrangements in Wales, England and Northern Ireland, which, where possible, will mirror the Scottish arrangements. Each of the main issues for consultation relating to the implementation arrangements are in discrete Sections within this document. Stakeholders are asked to respond to the questions posed in each section (a list of the questions is reproduced in Appendix 7).
Who is affected by this consultation?
1.4. In order to help stakeholders determine if this consultation affects them or their members the following is a list (which is not necessarily exclusive) of those businesses or individuals that we think are affected by the new rules:
- Those organising journeys or transporting vertebrate animals "in connection with an economic activity" 2. At a minimum this will include farmers, livestock hauliers, those who move horses in connection with professional riding, livery, stabling, those involved in pet breeding or racing pigeons, or those moving animals used in films, zoos and leisure parks. It does not apply to the transport of non-vertebrates such as insects, worms, crustaceans (e.g. crab, lobster), cephalopods (e.g. octopus, squid), and molluscs (e.g. shellfish, snail). However, current national welfare provisions relating to these species will be retained ( see Section 8). Further guidance on scope of the new EU Regulation is at Section 2.
- Airlines, ferry, shipping and rail companies who transport animals, whether for breeding, production or slaughter
- Those operating and working in markets, assembly centres, collection centres and staging points (control posts), and animal keepers (those in charge of animals during a journey)
- Potential providers of vehicle authorisation schemes
- Those providing training and assessment of drivers, attendants and market staff in welfare in transport rules and potential providers of training and assessment schemes
- Livestock vehicle manufacturers and those providing components for livestock vehicles e.g. GPS and ventilation systems
- Container manufacturers
- Those who use electric goads e.g. at slaughterhouses
- Those enforcing welfare in transport rules
What is the impact of the new rules?
1.5. There are no changes to the current rules on maximum journey times (other than new restrictions on moving young animals), feeding, watering and rest periods during a journey and space allowances. However a number of new provisions come into force, as follows:-
From 5 January 2007
- Those transporting animals for commercial purposes (in connection with an "economic activity") 3 on journeys over 65km (approx 40 miles) will need to have a specific authorisation ( see Section 3)
- Stricter vehicle standards apply
- Those transporting animals over 8 hours will need a vehicle approval ( see Section 4)
- Those handling or transporting animals over 65km must be competent ( see Section 7)
- Operators of assembly centres and markets must comply with technical rules in Chapters I and III, Section I, of Annex I. They must also use only staff trained in the technical rules in Annex I to handle animals if the assembly centre or market is EU approved.
- For exports, route plans are replaced by journey logs (see Section 6); and stricter rules apply at assembly centres, and staging points (from January 2007 these are known as control posts)
- There are more stringent rules on Fitness to Travel (guidance will be made available on the Defra website)
- Journey limits for young animals and transport of horses
- Use of electric goads at slaughter ( Section 8)
From 5 January 2008
- Anyone commercially transporting farmed livestock, poultry or horses on journeys of over 65km must hold a certificate of competence issued by an awarding body nominated by the competent authority 4 ( see Section 7) which must be submitted on application for an authorisation for long journeys ( Section 3) and made available if requested by enforcement bodies in checks, which may be made during transport ( Section 9)
From 1 January 2009
- Transporters moving unregistered horses 5, cattle, sheep, pigs and goats over 8 hours must use a navigation system for their journeys and keep records for at least 3 years
What are the key issues on which on which we are seeking views?
- Our draft guidance on scope ( Section 2)
- Our approach to granting authorisations and the procedures for applying and granting authorisations ( Section 3)
- Options for vehicle approval arrangements ( Section 4)
- Options for derogations for vehicle standards/vehicle approval ( Section 5)
- Options on travel documentation ( Section 6)
- Options for training and competence assessment arrangements ( Section 7)
- Revocation and retention of current national rules; and amendment of other legislation ( Section 8)
- Offences, penalties, enforcement arrangements and appeals ( Section 9)
- Guidance documents ( Section 10)
What decisions have already been taken?
1.6. Stakeholders should be aware that we cannot change the requirements of the EU Regulation itself. Therefore where the text of the Regulation is referred to this is not an issue for consultation. The rules are directly applicable throughout the EU. We have summarised below the main issues that are not subject to consultation and any comments on these issues will not be taken into consideration in this consultation.
- In particular:
- there are no changes to journey times and space allowances
- although there is provision for additional welfare-based national rules in the Regulation (Article 1.3), we do not, at this stage, propose to introduce any additional rules. Our current focus is to ensure that the UK implements the new EU rules by the implementation deadline.
- Authorisations for transporters will be mandatory ( Section 3).
- There is limited scope to change the format of the authorisation certificates and certificates of competence because they are based on models in the EU Regulation ( Appendices 1, 2 and 5).
- Enforcement in GB will primarily be by Local Authorities ( LAs) and where appropriate the State Veterinary Service ( SVS). Enforcement in other Member States is a matter for those member states and the European Commission ( Section 10).
- Vehicle approval for journeys leaving the UK is mandatory ( Section 4).
- SEERAD will not be providing the vehicle approval system. This will be a chargeable service from the relevant provider ( Section 4).
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