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Section 2: Guidance on the Scope of EU Regulation 1/2005

2.1. We propose to issue guidance to help animal transporters decide how they will be affected by the new welfare in transport legislation. This section describes what we see will form the context of that guidance following some informal consultation with key stakeholders.

2.2. The Regulation applies to the transport of live vertebrate animals within the Community that takes place in connection with an economic activity (Article 1.1 and 1.5 of the Regulation).

2.3. There are some exceptions:

• The Regulation does not apply to transport to or from veterinary practices or clinics under veterinary advice (Article 1.5).
• Only Article 3 (General conditions for the transport of animals) and Article 27 (Inspections) apply to transport by farmers of their own animals in their own vehicles for a distance of less then 50 km from their holding, or for seasonal stock movements between pastures (transhumance - Article 1.2).
• Transporters undertaking journeys of less than 65km from place of departure to place of destination do not require an authorisation nor are they required to use drivers/attendants who have been trained and hold a certificate of competence (Article 6.7).

2.4. Registered horses ⁶ transported for competition, races, cultural events or breeding - not those transported to markets or slaughterhouses - are exempt from the following requirements of the Regulation:-

Article 5.4 - compliance with Annex II journey log provisions.
Article 6.9 - use of a navigation system and the keeping of records obtained from it.
Annex I Chapter V - journey times, and water feed and rest intervals.

2.5. It should be noted that the guidance will be to aid understanding and to ensure consistent enforcement. It is not an interpretation of the EU law, as this is a matter for the courts.

2.6. The Regulation does not define what constitutes an "economic activity". However, the preamble to the Regulation gives an indication of what this may include. Paragraph (12) states: - " 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."

2.7. Also, the European Court of Justice has considered the term "economic activity" and taken the view that it is any activity consisting of offering goods and services on a given market ( EC case law - 118/85). Furthermore, a body might be engaged in economic activities even though it did not operate with a view to profit. It follows that the fact that a transporter is engaged in non-profit making activities is not in itself enough to deprive such activities of their economic character or to remove the transporter from the scope of the Regulation.

2.8. Therefore, we have taken the view that transport in connection with an economic activity would consist of:

2.9. Such transport would most likely include journeys undertaken by:-

• Commercial hauliers
• Farmers
• Pet animals where the movements are related to economic activity e.g. pet breeders, dog racing, those taking part in filming e.g. advertisements which involve financial gain
• "Professional" horse racers
• Those where animals are transported in order to be sold
• Zoos and leisure parks
• Laboratory animals (but not when the animals are taking part in an authorised research project)

2.10. As a rough rule of thumb we would expect an owner or transporter carrying his or another person's animals for profit, or as part of a business, to be covered by the Regulation. We would not expect the transport of pet animals by their owners to and from events such as shows, even where they win minor cash or other prizes, to be covered. The presence of gambling at an event would not in itself make the transport of animals to it an economic activity.

2.11. We consider the following kinds of journeys are not connected with an economic activity. Those:-

• Not in the course of a business or trade (but note paragraphs 2.6 and 2.7 above)
• Not for hire or reward
• Consisting of a single animal accompanied by a person who has responsibility for its welfare (or two animals accompanied by two people)
• Pet animals accompanied by their owner on a private journey
• Pet animals taken to and from a specialist show or competition, where the primary purpose is for pleasure or competition, not as part of a business, e.g. pet breeders
• Horses and ponies transported by an owner for the purpose of riding or showing or competing for pleasure, e.g. point-to-point. However, haulier movements of animals transported for pleasure etc, where the haulier was paid for undertaking the transport, would be within the scope of the Regulation
• Where individuals attending shows or competitions primarily for pleasure share the burden of transport e.g. petrol costs, but where there is no profit made by the individual carrying out the transport
• Animals transported as part of official duties by the armed forces or police

2.12. It should be noted that all journeys, whether under 50km, single animal journeys, or animals being transported for pleasure will remain subject to general welfare conditions which must be complied with. These conditions include:

• Animals being fit to travel
• Keeping journey times to a minimum
• Those responsible for the transport ensure that animals are not caused any unnecessary fear, injury, or suffering.

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