Scottish Government

Section 3: Transporter Authorisations

Summary of new requirements

3.1. From 5 January 2007, anyone transporting any vertebrate animals over 65 kilometres (km) (travelled distance not as the crow flies) in connection with an economic activity will need to apply either for a short journey authorisation (journeys over 65km and up to 8 hours) or for a long journey authorisation (journeys over 8 hours). Common requirements apply to all authorisations, but additional requirements will apply to long journeys. There will be separate certificates for short journey authorisations and long journey authorisations. (Articles 6, 10 and 11 of the Regulation. )

Current system for authorisations in GB

3.2. Currently, there are two forms of authorisations. The first is a Specific Authorisation. Road transporters carrying livestock and horses on commercial journeys over 8 hours, and air and sea carriers of any species on journeys of any distance, must hold a Specific Authorisation. Applicants have to be "fit persons" and any welfare convictions in the 5 years prior to application are considered in deciding whether to approve an authorisation.

3.3. The second is a General Authorisation. Those transporting livestock and horses between 50 km and 8 hours, and other species on any journey over 50 km, are covered by the General Authorisation. No application is necessary and the General Authorisation covers transporters provided they meet the publicised conditions.

3.4. Specific Authorisations are currently granted by Defra for England and Wales and by SEERAD in Scotland. Specific Authorisations are not time limited, but may be withdrawn, revoked or have conditions put upon them if there are repeat infringements or any infringement involving serious suffering to animals. Details of the authorisations and transporter details from their application form are kept by Defra on the Animal Health and Welfare Management and Enforcement System ( AMES) database. The information may be made available to enforcement authorities and may be used to contact transporters about matters of interest. Northern Ireland issue their own Specific Authorisations and record the information accordingly.

Cancellation of existing Specific Authorisations

3.5. All existing Specific Authorisations granted under the Welfare of Animals (Transport) Order 1997 will cease to be valid at 23:59 hours on 4 January 2007. A letter was issued on 7 April 2006 to all known authorised transporters in GB advising them that current authorisations will expire. This can be viewed at: http://www.defra.gov.uk/animalh/welfare/pdf/lettertotransporters.pdf

New transporter authorisations

3.6. All those transporting any species of vertebrate animals in any mode of transport in relation to an economic activity will be required to hold either a certificate of authorisation for short journeys (journeys between 65km (distance travelled) and up to 8 hours) or a certificate of authorisation for long journeys (journeys over 8 hours). Although there are some common features, additional requirements will need to be satisfied in order to obtain a certificate of authorisation for long journeys.

3.7. There will be separate application forms and authorisation certificates for short and long journeys. The draft authorisation certificates are at Appendices 1 and 2.

Conditions applying to new transporter authorisations

3.8. For both short and long journey authorisations :

(a) applicants must be established in the UK or, if third country transporters, must be represented in the UK(Article 10(1)(a)).

(b) applicants must have demonstrated they have sufficient & appropriate staff, equipment and operational procedures to comply with the Regulation(Article 10(1)(b)). Guidance on this will be available with the application forms. As to how transporters 'demonstrate' they meet these criteria, it is proposed that transporters make a declaration on the application form. We consider this is the most manageable and cost effective way to deliver this. If a false declaration is made or a transporter is subsequently found wanting in any area, e.g. as a result of enforcement activity, this may lead to suspension or revocation of authorisation or conditions being applied.

(c) applicants or their representatives must have no record of serious infringements of any EU and/or UK legislation on animal welfare in the 3 years preceding their application, although this need not preclude an authorisation being granted if the applicant demonstrates they have taken the necessary measures to avoid further infringements(Article 10(1)(c)). Transporters will have to make a declaration on the application form as to whether or not they have any serious infringements recorded against them of any welfare rules (whether or not they have been convicted of any offence). This is not just during transport (e.g. the Welfare of Animals (Transport) Order 1997 ( WATO)), but on farm or at market, e.g. under the Protection of Animals (Scotland) Act 1912, the Welfare of Farmed Animals (Scotland) Regulations 2000 as amended, or the Welfare of Animals at Markets Order 1990. Guidance on this will be available with the application forms. Applicants declaring serious infringements must say what action has been taken to avoid further offences. Only if a satisfactory statement is made will an authorisation be granted. An authorisation will not be granted in the absence of a satisfactory statement. If a false declaration is made, the application may be refused. Random checks will be made to verify declarations of no serious infringements.

Additional conditions for long distance authorisations

3.9. These are:-

(a) Applications for authorisation must be accompanied by at least one certificate of vehicle approval(Article 11.1(b)(ii)). An authorisation will not be granted unless the certificate is presented. Both the authorisation and the certificate of approval for the vehicle being used should be carried and produced to enforcement agencies on request. It will be an offence for the transporter not to do so.

(b) Applicants must submit details of the procedures to trace and record the movements of road vehicles and to contact the drivers at any stage during the journey( Article 11.1.(b)(iii)). In effect this means that the vehicles must have some form of Global Positioning System and that drivers must have a working mobile phone. We anticipate applicants making a declaration to this effect in the application. A false declaration or non-compliance with these provisions may lead to suspension or revocation of the authorisation or conditions being imposed.

(c) Applicants must submit contingency plans in case of emergencies(Article 11.1(b)(iv)). Applicants will be required to submit a document containing such information relevant to the species being carried and the type of journey. The issuing body will then consider the information and decide upon its acceptability or otherwise. The issuing body will look for confirmation that transporters know where to take animals if they fall ill or if journey times become compromised, and that they carry appropriate feed in case of delays. It is envisaged that transporters will make a declaration on their application forms that their vehicles carry appropriate feed in case of need and drivers/attendants carry lists of approved Control Posts (formerly Staging Points) (where required) and phone number(s) to call in case veterinary treatment becomes necessary. Again, a false declaration or non-compliance may lead to suspension or revocation of the authorisation or conditions being imposed.

(d) Where farm livestock, horses or poultry (including game birds) are carried, a certificate of competence must accompany applications for each driver or attendant.(Article 11.1(b)(i)). Certificates of competence are only compulsory from 5 January 2008 ( Articles 6.5 and 37). Rather than re-issue certificates of authorisations for long journeys granted between 5 January 2007 and 4 January 2008, it is proposed that these authorisations will contain a statement to the effect that from 5 January 2008 the authorisation will only be valid if the driver or attendant is also in possession of a valid certificate of competence (see wording on Authorisation Certificate for long journeys at appendix 2). Applications for long journey authorisations for livestock, horses and poultry (including game birds) submitted on or after 5 January 2008 must be accompanied by certificates of competence. It will also be an offence from that date, for a person to drive or act as an attendant on a road vehicle transporting horses, livestock or poultry without being in possession of a valid Certificate of Competence.

(e) Where farm livestock and horses⁷are carried, applicants must have an agreed navigation system for new road vehicles from 1 January 2007 and for other road vehicles from 1 January 2009(Article 11.2 (a) and (b)). The systems should provide information equivalent to the Journey Log (see Section 6). No particular navigation systems are recommended at this time although the European Commission may recommend a specific system when it releases the results of a study of navigation systems due by 1 January 2008 ( Annex 1 Chapter VI, 4.4.2). Transporters intending to export to other member states in the meantime are advised to discuss with their trading counterparts what systems will be considered acceptable in those countries. Stakeholders and long journey transporters will be consulted on any EU proposals in due course. This issue is also discussed under Section 5 (derogations).

Who will issue authorisations, when and where?

3.10. It is likely the State Veterinary Service ( SVS) will process applications for both long and short journey authorisations in Great Britain. The location(s) of processing centre(s) have yet to be decided. However it is hoped that transporters will be able to start applying for the new authorisations from the autumn 2006 (start date to be announced) to allow as many applications as possible to be issued before next January. Authorisations will only be valid from the start date of 5 January 2007 and until then existing specific authorisation procedures will continue (outlined in paragraphs 3.2-3.4 above).

3.11. It is not known how many people will need authorisations, but our working estimate is that it is possible that around 4,000 authorisations for Scotland may need to be processed, so a staged approach to their issue may be necessary. It will be imperative that transporters intending to go on export journeys apply for and are granted long journey authorisations by the start date in order to allow them to continue to transport. Such applicants will be prioritised, followed by applications for other long journey authorisations, and then short journey authorisations. The sheer number of authorisations envisaged will mean the processing of applications is likely to continue beyond next January, probably for several months, particularly for short journeys. During that time, anyone who has applied, but has not had their application determined will be deemed to have a temporary authorisation until their application has been processed.

Duration of authorisations

3.12. The Regulation time limits both long and short journey authorisations to a period of up to 5 years. We propose to issue both authorisations for the maximum 5-year period. The same approach will be taken as regards vehicle approvals, which are also limited to a maximum period of 5 years. Authorisations may be revoked, suspended or have conditions imposed on them anytime within this period if there are serious or repeat infringements of the Regulation.

Will authorisations be charged for?

3.13 We are considering charging for the work involved in processing these authorisations.

Authorisations specific to the mode of transport (road, sea, air)

3.14. The Regulation allows both long and short journey authorisations to be limited by criteria that may be verified during transport ( Article 13(1)). As transporters tend to only operate one mode of transport, we propose to ask applicants to specify which mode of transport they wish to be authorised for (e.g. road, sea or air). The authorisation will be issued accordingly, and the transporter limited to that form of transport unless a fresh application is made. Transporters may apply to be authorised for more than one mode of transport if they wish. It will not be necessary for road transporters using livestock vessels e.g. for export journeys, to apply for a separate "sea" authorisation, that is the responsibility of the livestock vessel operator unless they are also operating the livestock vessel. A transporter taking his vehicle onto a roll-on roll-off ferry does not need to apply for authorisation for sea transport.

Authorisations specific to one or more species

3.15. The type of species carried is also something that could be verified during transport. Currently transporters are authorised for all species and it is not proposed to change this. Generally speaking, long distance/professional transporters tend to carry species limited to their expertise and do not carry a wide range of species. For example, horse transporters do not usually carry other animals and livestock hauliers do not generally carry horses.

3.16. However there will be occasions when transporters do carry species that they are not used to handling, or demonstrate a lack of competence, with a given species. In these circumstances it may be necessary to prevent them from carrying those animals until such time as they have been retrained and independently assessed. To allow for this it is proposed that authorisations can be made species-specific if necessary.

Data keeping and release of information about authorisations

3.17. It is our intention for authorisations and transporter details from application forms to be kept on the AMES database, as is currently the case for long distance transporters. The AMES database will be tested to ensure it can handle the significant increase in transporter records before a final decision is made about its use. The information will be made available to enforcement authorities, including the EU and competent authorities in other Member States, and may be used to contact transporters about matters of interest. A Data Protection statement will be put on the application forms.

3.18. The Regulation requires that animals only be entrusted to authorised transporters ( Article 5). We recognise that it will be helpful for potential consignors to be able to find out if their intended transporter is authorised. The Regulation also requires that the names of long journey transporters and their authorisation numbers be made "publicly available" ( Article 13(4)). We therefore propose to meet our obligations not by releasing the information, generally, but by answering specific requests, for example, from consignors, by confirming whether the named transporter is authorised and what their authorisation number is.