Community Provisions (Welfare of Animals during Transport) (Jersey) Regulations 201-

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A decision made 20 September 2013:

Decision Reference: MD-PE-2013-0098
Decision Summary Title:	Community Provisions (Welfare of Animals during Transport) (Jersey) Regulations 2013		Date of Decision Summary:	5 September 2013
Decision Summary Author (Job Title):	States Veterinary Assistant		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title:	Community Provisions (Welfare of Animals during Transport) (Jersey) Regulations 2013		Date of Written Report:	5 September 2013
Written Report Author (Job Title):	States Veterinary Assistant		Written Report : Public or Exempt?	Public
Subject: Community Provisions (Welfare of Animals during Transport) (Jersey) Regulations 2013
Decision(s): The Minister approved the Community Provisions (Welfare of Animals during Transport) (Jersey) Regulations 201- and requested that the States Assembly debate on the 5 November 2013
Reason(s) for Decision: Jersey will adopt the European Union system on the protection and welfare of animals during transport and related operations. This will update the island’s measures to protect the welfare of animals during transport both within the island and on import and export journeys, by implementing EU Regulation 1/2005 and 1255/97.
Resource Implications: The Minister may, by Order prescribe fees for the issue of approvals, authorisations and certificates.
Action required: Request the Greffier of the States to arrange for the draft Regulations to be lodged ‘au Greffe’ for debate by the States Assembly on 5 November 2013
Signature: R C Duhamel Initials YF/AS		Position: Minister for Planning & Environment
Date Signed:		Date of Decision (If different from Date Signed):

Community Provisions (Welfare of Animals during Transport) (Jersey) Regulations 201-

DEPARTMENT OF THE ENVIRONMENT

Community Provisions (Welfare of Animals during Transport) (Jersey) Regulations 201-

(Public)

Purpose of the Report

To introduce Community Provisions (Welfare of Animals during Transport) (Jersey) Regulations 201- on animal health requirements to protect animals during transport and related operations. It applies chiefly to animal transport to and from Jersey.

Background

Council Regulation (EC) No 1/2005 and Council Regulation (EC) No 1255/97 harmonise applicable animal welfare controls as well as preventing the occurrence and spread of infectious animal diseases. These Regulations put in place more stringent requirements than previously, so as to prevent pain and suffering in order to safeguard the welfare and health of animals during and after transport.

Council Regulation (EC) No 1/2005 regulates;

the general conditions for the transport of animals and no person shall transport animals in a way likely to cause injury or unnecessary suffering;
if animals are being transported in connection with an economic activity an authorisation is required. This is the transportation of animals undertaken as part of a business or commercial activity, which aims at achieving financial gain, whether direct or indirect, for any person or company involved with the transport of animals;
transporters must be authorised by a competent authority for journeys over 65 km (Approx. 40 miles);
There are two types of authorisation

for a journey over 65 km and under 8 hours and
for a journey over 8 hours defined as a “long journey”

for a long journey a road vehicle or livestock vessel will have to be inspected and have a certificate of approval so that the specific needs of the animals are provided for;
all drivers and attendants of road vehicles transporting domestic Equidae and domestic animals of bovine, ovine, caprine or porcine species or poultry must have a certificate of competence because poor welfare is often due to lack of education;
for a long journey an authorisation, referred to in point 4, shall only be granted when the applicant has submitted valid certificates of competence for all drivers and attendants and valid certificates of approval for all means of transport by road.

In the case of a long journey between Member States and with third countries (countries outside the EU) for domestic Equidae and domestic animals of bovine, ovine, caprine or porcine species the transporter shall submit a journey log to the minister, for checking, before each journey.

A master of a roll-on-roll-off vessel must before loading onto an enclosed deck, ensure the vessel is equipped with an appropriate forced ventilation system and fitted with an alarm system and an adequate secondary source of power in case of failure and on open decks adequate protection from sea water is provided.

There are a number of derogations for means of transport by road in respect of journeys not exceeding 12 hours in order to reach the final place of destination which have been applied. These derogations are set out in PART 4 of the Community Provisions (Welfare of Animals during Transport) (Jersey) Regulations 201-

The rules, with one exception, do not apply to the transport of animals:

When not in connection with an economic activity
Transport to or from veterinary practices or clinics under veterinary advice
Where the animals are pets accompanied by their owners on a journey
The rule which applies to all transport is that no person shall transport animals in a way likely to cause injury or unnecessary suffering.

Fitness to travel

No animal shall be transported by any person unless it is fit for the intended journey.

Transporters cannot transport animals off island that are:

Very young animals
Pigs of less than 3 weeks, lambs of less than one week and calves of less than 10 days of age
Heavily pregnant animals and pregnant animals in the last 10% of their gestation period
Cats and dogs less than eight weeks of age, unless they are accompanied by their mother.

For completion, Council Regulation (EC) No 1255/97 which regulates control posts where animals are rested for at least 12 hours or more is included.

Financial and Staffing Implications

Department of the Environment

There are no financial or staffing implications associated with the proposed Regulations.

For transporters

For journeys over 65 km an authorisation for which a fee is payable ,
For a vessel and long journey vehicles a certificate of approval for which a fee is payable and, where required the vehicle must be fitted with a navigation system;
For the transport of farm livestock and horses drivers or attendants will have to undertake training and have a certificate of competence for which a fee is payable. Training may incur a cost.

Discussion

The Community Provisions (Welfare of Animals during Transport) (Jersey) Regulations 201- will provide the legal framework to administer and enforce Council Regulations (EC) No 1/2005 and 1255/97.

Conclusion

The Regulations provide the necessary legal framework to fulfil Jersey’s obligation under Protocol 3 of the of the Act annexed to the Treaty concerning the Accession of new Member States to the European Economic Community and the European Atomic Energy Community signed at Brussels on 22 January 1972 and Regulation (EEC) No 706/73 of the Council of 12 March 1973 concerning the Community arrangements applicable to the Channel Islands and the Isle of Man for trade in agricultural products (OJ L68, 15.3.1975, p.1-2)[i], and enable Jersey transporters to transport animals in accordance with EU legislation.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31973R0706:EN:NOT

Recommendation

To lodge the Regulation au Greffe

_________________________________________

Written by: States Veterinary Assistant

Approved by: Director of Environment

Attachments:

Community Provisions (Welfare of Animals during Transport) (Jersey) Regulations 201-

Proposition Report

Ministerial Decision ref: MD-PE-2013-XXXX

5 September 2013