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Section 5: Derogations Available for Vehicles on Road Journeys Between 8-12 hours

Summary

5.1. The Regulation allows Member States to apply certain derogations to road vehicles undertaking some long journeys. In particular, road vehicles undertaking journeys of a maximum of 12 hours in order to reach the final destination. This covers the majority of journeys in the UK (bar some from Scottish islands) and offers the prospect of minimising burdens relating to vehicle approval and vehicle standards arising from journeys between 8-12 hours.

5.2. The derogation provisions are contained in Article 18.4 of the Regulation, and comprise

• Article 18 (requirement for a vehicle carrying animals over 8 hours to have a certificate of approval),
• Chapter V, 1.4 (b) (pigs having continuous access to water) and
• Chapter VI of Annex I (technical standards for vehicles carrying farm animals and horses over 8 hours).

Proposed UK rationale for consideration of derogations

5.3. Informal consultations with key stakeholders on the options available have been held in considering whether the UK should grant derogations. Certain of the new rules are identical or very similar to the current rules. Other potential derogations cover rules where it is considered compliance would not be difficult for UK industry. We need to balance welfare benefits against costs and ease of compliance/enforcement. We therefore concluded that derogation requests would require justifying evidence. Based on these preliminary discussions with stakeholders and subject to the outcome of this consultation, our proposed UK approach is:

(a) We do not propose to derogate where

• journeys start or end outside of the UK
• clear welfare benefits ensue from new rules, or
• the new rules are identical or very similar to the current rules, or
• where compliance costs are insignificant, or
• it is felt by stakeholders that compliance will not be difficult

(b) We will consider derogating journeys that take place solely within the UK where

• the costs to transporters, farmers etc in implementing new requirements are disproportionate to welfare benefits, or
• the cost to those affected is disproportionate to the number and type of journeys undertaken (these may be sector specific in some areas), or
• the new requirements are difficult to enforce effectively, or
• no clear welfare benefits ensue

Proposed UK derogations

5.4. On the basis of the above criteria and following discussions with key stakeholders, we believe there is a good case to permit certain derogations as described below. We will however re-evaluate options on the basis of full consultation information received .

• have water constantly available to pigs( Annex I, Chapter V, 1.1.4(b) (in part)) (rationale: although this is a requirement in the current welfare in transport Directive, the industry consider this to be bad for welfare because pigs do not drink in a moving vehicle but play with the drinkers resulting in water flooding the vehicles. Our veterinary advisers agree. What we will require is that water can be made available to pigs when necessary.)
• have insulated roofs in existing vehicles( Annex I, Chapter VI, 1.1.1 (in part)) (rationale: there is no technical specification for the insulation, therefore enforcement will be difficult; also this is not considered a major welfare benefit for the cost of installation)
• maintain vehicle temperatures at 0°C or more (Annex I, Chapter VI, 3.1 (in part)) (this affects particularly journeys starting in Scotland - the rationale is that sheep are not housed indoors and are therefore accustomed to sub zero temperatures). However welfare groups have made the point, and we agree, that young animals (who are more likely to be housed) need protection and should not be included in any derogation. There are already provisions preventing the movement of young animals (unless accompanied by their mother) on long journeys (horses - unbroken horses or "unregistered" equidae who are 4 months or younger; calves - 14 days or younger; pigs - 10kg or lighter). However there are no provisions for sheep and goats and we propose that lambs and kids under 7 days old (the 7 days is still under consideration, so views on this would be welcome) should not be moved under this derogation (unless accompanied by their mother).
• install ventilation, temperature monitoring, and warning systems (Annex I, Chapter VI, 3 (the remainder of this section))(rationale: expensive, specification lacks practical precision, limited welfare benefits in UK climate)
• install navigation systems (Annex I, Chapter VI, 4) (rationale: expensive, the rules are unclear, and the EU are considering a more detailed future specification anyway)

5.5. There is also an option to grant derogations on a temporary basis. However given the reasoning for the derogations proposed above, we consider that if the suggested derogations are adopted they should remain at least until after the EU Regulation is reviewed in 2011. In terms of what we would put in the legislation, we would grant the derogations permanently, and review their continuing need in due course. This would probably best be addressed as part of the work to be done during the EU review of the new legislation, or as and when new legislative requirements are brought forward e.g. on navigation systems.

5.6. Not taking advantage of the derogations would cost industry approximately £22m in conversion costs. Taking up derogations spares the majority of transporters who do not transport animals on export journeys of over 12 hours from these additional costs.

Option to derogate from the certificate of approval for vehicles

5.7. Section 4 of this paper outlines the proposed arrangement for approval of vehicles and the standards they will have to meet. However, Article 18 allows a derogation from approval in the case of road journeys between 8-12 hours. The compliance costs for this element of the regulation is not yet known because an inspection and certification body or bodies has not yet been appointed. However, the activity is likely to be chargeable, once every 5 years, to the farmer/haulier etc owning the vehicle. Costs of compliance generally could also be dependent on whether vehicles need to be adapted or upgraded in order to obtain approval.

Other derogations available from vehicle standards

5.8. Apart from the derogations outlined in paragraph 5.4 that we are minded to grant, the EU Regulation also allows other derogations from the vehicle requirements, which are contained in Annex 1, Chapter VI of the Regulation. These derogations are also limited to road vehicles undertaking journeys not exceeding 12 hours in order to reach the final place of destination. For ease of reference these remaining requirements are summarised in the table on page 24.

Other Derogations Available - Technical Requirements for Vehicles
(Annex 1, Chapter VI)

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