The Welfare of Animals (Transport) (Miscellaneous Amendments) (England and Scotland) Regulations 2023

Made: 8th March 2023

Laid before Parliament: 9th March 2023

Coming into force: 6th April 2023

In accordance with Article 30a(9) of Regulation (EC) 1/2005 and Article 144(7) of Regulation (EU) 2017/625, the Secretary of State and the Scottish Ministers have consulted such bodies or persons as appear to them to be representative of the interests likely to be substantially affected by these Regulations and such other bodies or persons as they consider appropriate.

Citation, commencement, extent and application

1

• (1) These Regulations may be cited as the Welfare of Animals (Transport) (Miscellaneous Amendments) (England and Scotland) Regulations 2023.

• (2) These Regulations come into force on 6th April 2023.

• (3) Regulations 2 and 3 extend to England and Wales and Scotland and apply in relation to England and Scotland.

• (4) Regulation 4 extends to England and Wales and applies in relation to England.

• (5) Regulation 5 extends to Scotland.

Amendment to Council Regulation (EC) No 1/2005

2

For Annex 2 to Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations[^f00003] substitute the Annex contained in the Schedule to these Regulations.

Specified date for the purposes of Article 154(2) of Regulation (EU) 2017/625

3

The specified date for the purposes of Article 154(2) of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products[^f00004] is 6th April 2023.

Amendments to the Welfare of Animals (Transport) (England) Order 2006

4

• (1) The Welfare of Animals (Transport) (England) Order 2006[^f00005] is amended as follows.

• (2) In article 2(3), at the end of sub-paragraph (b) insert—

; (c) Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products

• (3) In article 20(2)—

• (a) in sub-paragraph (b), for “point 3(b)” substitute “paragraph 4(c)”;

• (b) omit sub-paragraphs (c), (d), (g), (h) and (i).

• (4) In article 24—

• (a) in paragraph (4), at the end insert “or in the course of performing official controls under Regulation (EU) 2017/625”;

• (b) in paragraph (7), for “point 8” substitute “paragraph 13(b)”.

• (5) In article 27(a), after “1255/97”, insert “, Regulation (EU) 2017/625”.

Amendments to the Welfare of Animals (Transport) (Scotland) Regulations 2006

5

• (1) The Welfare of Animals (Transport) (Scotland) Regulations 2006[^f00006] is amended as follows.

• (2) In regulation 2—

• (a) omit the “and” after the definition of “inspector”;

• (b) after the definition of “local authority”, insert—

• and;
• “Regulation (EU) 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products

• (3) In regulation 18(2)—

• (a) in sub-paragraph (b), for “point 3(b)” substitute “paragraph 4(c)”;

• (b) omit sub-paragraphs (c), (d), (g), (h) and (i).

• (4) In regulation 22—

• (a) for paragraph (5) substitute—

(5) An inspector may— (a) inspect any document for the purpose of ascertaining whether the provisions of these Regulations, Council Regulation (EC) No. 1/2005, or Council Regulation (EC) No. 1255/97 have been complied with; and (b) take copies of any such document inspected or any other document inspected in the course of performing official controls under Regulation (EU) 2017/625.

• (b) in paragraph (8), for “point 8” substitute “paragraph 13(b)”.

• (5) In regulation 26(a), after “1255/97”—

• (a) in the first place it occurs, insert “or Regulation (EU) 2017/625”;

• (b) in the second place it occurs, insert “, Regulation (EU) 2017/625”.

SCHEDULE — New Annex 2 to Council Regulation (EC) No 1/2005

Signed

Spencer — Minister of State — Department for Environment, Food and Rural Affairs — 8th March 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations (EUR 2005/1) and make provision for the purposes of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (EUR 2017/625).

Regulation 2 amends, in relation to England and Scotland, Annex 2 to Council Regulation (EC) No 1/2005 which relates to the preparation and completion of journey logs that are required under Article 5(4) of that Regulation for certain journeys involving the transportation of animals.

Regulation 3 specifies, in relation to England and Scotland, the date on which the transitional measures in Article 154(2) of Regulation (EU) 2017/625 come to an end. As from 6th April 2023, Article 21 of that Regulation will apply in full in place of the corresponding provisions in Council Regulation (EC) No 1/2005.

Regulation 4 makes consequential amendments to the Welfare of Animals (Transport) (England) Order 2006 (S.I. 2006/3260). Regulation 5 makes consequential amendments to the Welfare of Animals (Transport) (Scotland) Regulations 2006 (S.S.I. 2006/606).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

Footnotes

[^f00001]: EUR 2005/1, amended by S.I. 2019/588 (as amended by S.I. 2020/1590); there are other amending instruments but none is relevant. See Article 2a for the definition of “the appropriate authority”.

[^f00002]: EUR 2017/625; relevant amending instruments are S.I. 2020/1481, 2022/846.

[^f00003]: EUR 2005/1; relevant amending instruments are S.I. 2019/802 (as amended by S.I. 2020/1590), 2022/846.

[^f00004]: EUR 2017/625; relevant amending instruments are S.I. 2020/1481, 2022/846;

[^f00005]: S.I. 2006/3260, amended by S.I. 2019/1488; there are other amending instruments but none is relevant.

[^f00006]: S.S.I 2006/606, amended by S.S.I 2019/34 there are other amending instruments but none is relevant.