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Section 8: Consequential Amendments, Including Revocation and Retention of National Welfare Rules

Summary

8.1. This section outlines:

(a) the consequential amendments required to other domestic legislation, for example, those required to implement Articles 34 & 35 of the EU Regulation, and

(b) our proposals to retain those parts of WATO where the Regulation does not apply (e.g. the transport of non-vertebrates, journeys by farmers in respect of transhumance or less than 50km)

(c) our proposals to retain or revoke other pieces of welfare legislation

A. Consequential Amendments

Article 34

8.2. The Regulation introduces an amendment to the intra-Community trade directive (64/432) (Articles 11 and 12) and therefore applies to "export journeys" over 65km. As a result these new requirements will only affect exporters.

8.3. As a result of the new requirements, consequential amendments will be required to the Animal and Animal Products (Import & Export) (Scotland) Regulations 2000:-

a) References to the previous welfare Directive (91/628) and WATO 1997 will need to be updated to refer to the new Regulation and new WATO 2006

b) Documentation that is required under Article 12 is being updated to reflect the new documentary requirements (e.g. expected duration of journey) (see Section 6 of this paper)

c) Transporters will need to ensure that vehicles must be leak proof, and cleansed and disinfected after each transport, and have facilities to store litter and dung

Article 35

8.4. The Regulation introduces an amendment to the welfare at slaughter Directive (93/119) (Annex A, Part II, paragraph 3). In GB this Directive was implemented by the Welfare of Animals (Slaughter or Killing) Regulations 1995 ( SI No 731), as amended. An amendment will be required to Schedule 3, Part III, para 11 to require that

a) the use of electric goads is now restricted to one second (formerly 2 seconds)

b) that goads may not be used repeatedly if an animal fails to respond

8.5 It should be noted that as these are both sets of Regulations, the amendments will need to be made separately. This is because legally we cannot amend Regulations via an Order (i.e. WATO 2006).

Amendment of the Transport of Animals (Cleansing and Disinfection) (Scotland) Regulations 2005

8.6 These Regulations, and consequential references in the Schedules, implement the cleansing and disinfection provisions in Directive 91/628. The requirements have changed and these provisions are now directly applicable under the new Regulation. The provisions are consequently obsolete and will be removed.

B Revocation and Retention Of National Welfare Rules

8.7. The Regulation is intended to be a comprehensive set of rules to ensure high welfare standards are kept all the way from the farm/through markets/to the slaughterhouse. But certain aspects fall outside the scope of the Regulation (e.g. very short journeys, movements of pets and non vertebrates).

8.8 A number of separate GB Statutory Instruments currently in place overlap areas covered by the new Regulation, and some could usefully supplement the Regulation. Provisions in these Statutory Instruments that mirror provisions in the Regulation will have to be revoked. We are in the process of deciding what parts to retain, revoke or carry across to what will be the new Welfare of Animals (Transport) Order 2006 ( WATO 2006). They are:

• The Welfare of Animals (Transport) Order 1997 ( SI No. 1480)
• The Welfare of Animals (Staging Points) Order 1998 ( WASPO) ( SI No. 2537);
• The Transit of Animals (Road and Rail) Order 1975 ( TARRO) (the remnant pieces that have not already been revoked) ( SI No. 1024);
• The Export of Animals (Protection) Order 1981 ( EAPPO) (the remnant pieces that have not already been revoked) ( SI No . 1051);

8.9. Although the new Regulation contains requirements for market and assembly centre operators to use trained staff, no other amendment of the Welfare of Animals at Markets Order 1990 ( WAMO) is being considered in this consultation. These requirements will be covered by WATO 2006. We will review WAMO at a later date as part of the work envisaged in preparing the our response to the Farm Animal Welfare Council ( FAWC) report published in June 2005 on the welfare of animals at gatherings. FAWC's report can be viewed at: http://www.fawc.org.uk/pdf/markets-report0505.pdf

8.10. A description of each Statutory Instrument considered in this consultation and the case for retention or revocation is given below.

Welfare of Animals (Transport) Order 1997, as amended ( WATO)

8.11 WATO was introduced to implement the EU Directive on welfare of animals (91/628 as amended). As the new Regulation is directly applicable and replaces WATO we propose to revoke WATO as amended. However, we intend saving the provisions relating to the protection of animals that are currently excluded from the scope of the EU Regulation (e.g. non economic journeys (such as pets and single animals), journeys under 50km undertaken by farmers), for example, Article 4 (general provisions on the protection of animals in transport) and Article 6 (Fitness of animals to travel); as well as some additional technical detail (such as the prohibitions on handling birds in Schedule 3).

Welfare of Animals (Staging Points) Order 1998 ( WASPO)

8.12. Staging points are primarily used for intra-community trade to rest animals for 24 hours following completion of their maximum permitted journey times. Council Regulation 1255/97/ EC on criteria for approving staging points is directly applicable in Member States but the Welfare of Animals (Staging Points) Order 1998 put in place the administrative arrangements by which staging points are approved (by the SVS), are enforced, and set penalties for contravention of rules. Provisions for staging points, now renamed control posts, are contained in the new Regulation. We propose that WASPO provisions are remade in the new WATO 2006. Enforcement and penalty arrangements will be identical. The new Order would contain a facility for an operator to have any appeal against refusal to grant approval or it's suspension or revocation heard by an independent person; clarification that the operator of a staging point as well as the premises require approval; improved scope for powers to issue notices to protect the health and welfare of animals at the staging point.

Transit of Animals (Road and Rail) Order 1975 ( TARRO)

8.13. This piece of domestic legislation has no EU basis and only applies to farm animals and horses being transported by road or rail within GB. Much has been revoked already. What provisions still remain in force are listed below.

Article 3 - requires the use a vehicle or receptacle complying with specified standards;
article 4(3) (5) (6) (7) (7A) - loading ramps and ramp sides; article 5 - internal ramps;
article 6 (6) - partition heights; article 8 (1) (2) (3) (4) - maximum pen lengths.

Article 18 - provides exemptions for crofting counties.

Article 20 - sets offences; Article 21 - designates local authorities as enforcement bodies.

Schedule 1 - sets additional detailed requirements:
part I - paras. 2(2), 2(3), 5, 6 - for vehicles; part II - for rail wagons; part III - for receptacles.

8.14. Parts of TARRO are useful where detail is not adequately covered by the new Regulation, but TARRO does conflict with the Regulation on ramp angles, and where this is the case these provisions must be revoked. The provisions on ramp sides are useful but although the minimum height specified is suitable for cattle, it is considered unnecessarily high for sheep. Pen length maxima are also sensible and suited construction methods at the time, but there has always been confusion about that for cattle, and modern vehicle construction methods impose different constraints for fixing partitions. For simplicity, it is therefore proposed that TARRO is revoked. Any useful details (where not fully covered by provisions in WATO 2006 or the Regulation) will be put into guidance for the benefit of transporters, vehicle builders & enforcement officers.

Export of Animals (Protection) Order 1981 ( EAPPO)

8.15. This Order implemented EC welfare in transport legislation predating the current Directive 91/628/ EEC. WATO did not repeal EAPPO, except in respect of exports to other EU countries. EAPPO requires animals journeying to third countries to be rested for 10 hours prior to the journey and requires the animals to be accompanied by an export licence. It also appears to cover all journeys - including those not relating to an "economic activity". However these rest and licensing provisions are not now actively enforced. While EAPPO was disapplied in WATO in respect of EU trade, it was also disapplied administratively (i.e. by practice rather than by legislation) in respect to third countries shortly afterwards. The new EU Regulation will require 48 hour rest, journey logs, and checks on animals journeying to third countries. The protection is therefore much greater for farmed animals.

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