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Section 4: Road Vehicle (and Container) Approval

Summary of new requirements

4.1. From 5 January 2007, road vehicles used for transporting all species of animals on long journeys (those in excess of 8 hours) must be inspected and approved by the competent authority of a Member State or a body designated by a Member State ( Article 18).

4.2. Compulsory vehicle inspection and approval for animal welfare is a new requirement and a significant change from the current rules. This Section of the consultation document describes how we propose it should be carried out.

4.3. Approvals are dependent on those vehicles (and containers) ⁸ meeting specific requirements (Annex I, Chapters II & VI) covering:

• Basis construction requirements (for all species)
• Equipment for loading and unloading
• Additional requirements for long journeys with farmed animals or horses - roof, partitions, water/feed equipment, ventilation and navigation systems.

4.4. Approvals will be in the form of a standard certificate (Annex III, Ch IV) with a unique number and be valid for up to five years (a specimen is at Appendix 3). It will become invalid should the vehicle or container be modified or refitted in a way that affects the welfare of the animals. In such cases re-inspection will be required. Approvals will be recorded on an electronic database for ease of exchanging information between enforcement agencies. Approvals granted by other Member States will also be acceptable.

4.5. The Regulation includes a provision for Member States to grant derogations for journeys not exceeding 12 hours in order to reach the final place of destination. Derogations are discussed further in Section 5.

What will require inspection and approval?

4.6. Any road vehicle to be used for transporting vertebrate animals (and containers used for the transport of domestic Equidae or farmed cattle, sheep, goats or pigs ⁹) on long journeys within the EU (including consignments entering or leaving the EU).

4.7. Certificates issued on behalf of other competent authorities in the UK or other Member States will be valid in the UK and vehicles would not require further inspection and approval. Indeed, Article 18 does not allow a competent authority or designated body to grant approval for vehicles that are subject to an application submitted to or an approval by another such authority.

4.8. It has proved difficult to obtain a clear figure for the number of vehicles and containers to be inspected. Around 1,000 (100 in NI) authorisations have been issued to those who transport farm animals and horses under the existing GB wide long distance scheme introduced in 1997. These transporters however may have several vehicles and may include one-off journey applications. Other sources of information such as vehicles inspected under industry run assurance schemes and figures from the Department for Transport (which show that in Great Britain in 2004 there were 3,400 goods vehicles over 3.5 tonnes currently licensed and classified as livestock carriers) have been helpful as indicators, but further information would be welcomed.

Role of Competent Authorities

4.9. SEERAD as the competent authority in Scotland, is responsible under Article 18 of the Regulation for:

• granting, or designating a body, to grant certificates of approval for means of transport by road used for long journeys upon application, provided that the means of transport:
  • are not subject to an application submitted to or an approval by another competent authority in the same or another Member State;
  • have been inspected by the competent authority, or body designated by a Member State, and found to comply with the requirements of Chapters II and VI of Annex 1 applicable to the design, the construction and the maintenance of means of transport by road used for long journeys.
• issuing, by them or body designated, a certificate, each with a number unique in the Member State and in accordance with a specimen set out in the Regulation (Appendix 3);
• recording the certificates of approval in an electronic database in a manner enabling them to be rapidly identified by the competent authorities in all Member States, in particular in the event of a failure to comply with the Regulation; and
• granting derogations to the provisions of Article 18 and to the provisions of Chapter V, paragraph 1.4, point b and Chapter VI of Annex 1 for means of transport by road in respect of journeys not exceeding 12 hours in order to reach the final place of destination.

Who will carry out the inspection and approval?

4.10. There are a number of bodies that could be designated to act on behalf of SEERAD to develop and apply a scheme that meets the Regulation's requirements. These include those who already run assurance schemes and statutory and non-statutory bodies with experience of animal transport. As there is limited time to establish a Vehicle Approval Scheme discussions have taken place with potential providers, and others, the options available and have concluded that the bodies best able to deliver a scheme and should be designated to fulfil that responsibility would be:

• any body that can demonstrate its capability and competence to deliver the scheme through accreditation with the United Kingdom Accreditation Service ( UKAS);
• the SVS in England, Wales and Scotland and DARDNI.

4.11. We believe that through these bodies we can provide the maximum time available for set up and, as UKAS accredited bodies already operate industry led vehicle approval schemes, can have some confidence that there will be bodies in place capable of delivering the scheme before the Regulation comes into force. It also provides a flexible mechanism for future bodies to join the list of delivery agents and provide an appropriate market place. In our view, requiring UKAS accreditation provides the necessary credibility to ensuring that standards will be met and maintained. By building on existing voluntary schemes, we should also be able to limit the number of inspections that transporters are subject to.

4.12. Any body that wishes to operate the scheme would need to seek accreditation to do so through UKAS. If successful, they will on application to the relevant competent authority receive designated status and will be included on a list of approved providers, including their locations and contact details that will be attached to this scheme and will appear on the Defra website.

4.13. It is envisaged that non-public bodies with accreditation by UKAS will be the primary provider of an inspection and approval service. However, as a back up should the coverage of those bodies prove insufficient, for example in a remote area of the UK or perhaps for a speciality vehicle for a wild animal, we propose in addition to explore with the SVS whether, with suitable training and guidance, they might be able to approve a vehicle in these, hopefully rare, circumstances.

What would a scheme look like?

Principles

4.14 Our intention is that the Scheme should:

• achieve a reasonable balance between effectiveness and minimising the burden on the industry;
• be non-discriminatory, and shall be administered in a non-discriminatory manner;
• be as consistent and cohesive as possible within the UK
• take advantage if possible of synergies with existing voluntary schemes bearing on the industry in order to minimise the number of inspection visits;
• be self funding, that is, applicants applying for inspection, approval and certification of their vehicles would need to bear the cost of the scheme; and
• have provider(s) with sufficient infrastructure to cover the UK.

Requirements

4.15 It is proposed that inspections and approvals under the Scheme would need to meet the following requirements:

Rate of inspection and maximum length of validity for an approval: Five years (maximum period allowed by the Regulation). Certificates of approval shall be valid for a period of not more than 5 years from the date of issue and shall become invalid as soon as the vehicle is modified or refitted in a way that affects the welfare of the animals. Such modified or refitted vehicles will therefore require a new inspection and approval before further use.

Technical Requirements: The Regulation lays down detailed technical requirements that vehicles will have to meet to get approval under Article 18. Checklists for the use of inspectors and guidance to help in assessing compliance are being prepared as part of a proposed vehicle approval scheme. The latest drafts of these can be seen on the Defra website http://www.defra.gov.uk/animalh/welfare/farmed/transport.htm .

Certificates of Approval: uniquely numbered certificates of approval will be issued by a designated body if the vehicle:

• is not the subject of an application or approval by another competent authority in the same or another Member State (an applicant should make a declaration to this effect); and
• has been inspected and complies with the requirements of the Regulation.

The format of the Certificate of Approval is specified by the Regulation and that to be used in the UK is at Appendix 3.

The unique numbering system to be used will follow the format of a prefix, agreed with the competent authority describing the designated body, followed by the year of issue and a consecutive number for each vehicle approved that year. For example: ACME 2006/1.

New Vehicles: Manufacturers who build vehicles to a type specification that complies with the Regulation may provide an applicant with documentary evidence to that effect, and that compliance has been checked and approved by a designated body. Providing that the vehicle has not been modified, a Certificate of Approval will be issued upon application without further inspection.

Existing Vehicles: Each vehicle in service on 5 January 2007 will require individual inspection and approval before it may be used for a long journey (unless recently built, and not subsequently modified, by a manufacturer who has provided documentary evidence of compliance as above for new vehicles).

Records: The competent authority is required to keep an electronic database record of all certificates issued so that the competent authorities in other Member States can rapidly identify them. Enforcement agencies are also likely to need access to these records. Designated bodies will therefore be expected to record such information electronically and will be required to transmit this information electronically to Defra at least on a monthly basis. The information to be recorded and transmitted to the competent authority should include as a minimum the information in the certificate including the certificate number. In addition, designated bodies shall, on request, make available to the relevant competent authority any information or records related to the application of this scheme.

Fees: Applicants will be expected to bear the on-going cost of the scheme. Bodies designated to deliver this scheme may therefore make a reasonable charge to applicants for their services.

Withdrawal of Designation: Designation as an approval body may be withdrawn where there is reason to believe that the body has failed to comply with the conditions of the system or is likely to cease trading, be disbanded or go into receivership.

Compliance and Enforcement

4.17 Responsibility for compliance with this scheme other than UKAS certification rests with the competent authorities. Local authorities will carry out enforcement of the requirement to hold appropriate vehicle approval.

Regulatory Impact

4.18. As mentioned earlier, information on the number of vehicles affected is limited. We are also keen to address what impact the vehicle approval requirements will have on those affected both in terms of practicality, benefits and cost.

Details of the Scheme and Technical Requirements

4.19. Further information on the proposal for vehicle inspection and approval, including the draft Scheme and details of the technical requirements for vehicles, can be found on the Defra website at http://www.defra.gov.uk/animalh/welfare/farmed/transport.htm .

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