Community
Provisions (Welfare of Animals during Transport) (Jersey) Regulations 2013
THE STATES, in pursuance of Article 2
of the European Communities Legislation (Implementation) (Jersey)
Law 1996, have made the following Regulations –
Commencement
[see endnotes]
part 1
interpretation
1 Interpretation
(1) In these Regulations,
unless the context otherwise requires –
“Council Regulation 1255/97” means Council Regulation
(EC) No 1255/97 of 25 June 1997 concerning Community criteria
for control points and amending the route plan referred to in the Annex to
Directive 91/628/EEC (OJ No. L 174, 2.7.1997, p.1) as in force from
time to time[1];
“Council Regulation 1/2005” means Council
Regulation (EC) No. 1/2005 of 22 December 2004 on the protection
of animals during transport and related operations and amending Directives
64/432/EEC and 93/119/EC and Regulation (EC) No. 1255/97 (OJ No. L 3,
5.1.2005, p.1) as in force from time to time[2];
“document” includes any electronic record;
“inspector” means a person appointed as such under
Article 6(1) of the Animal Health (Jersey) Law 2016 and includes the States
Veterinary Officer appointed under Article 5 of that Law;
“Member State” includes Jersey and any other place in
the British Islands;
“Minister” means the Minister for the Environment.[3]
(2) Subject to paragraph (1)
and unless the context otherwise requires, expressions used in these
Regulations have the same meaning as in Council Regulation 1255/97 or Council
Regulation 1/2005, as the case requires.
part 2
application
of council regulations
2 Council
Regulations apply
To the extent that Council Regulation 1255/97
and Council Regulation 1/2005 do not already apply in, and in relation to,
Jersey by virtue of –
(a) Protocol
No. 3 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
(b) 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)[4],
Council Regulation 1255/97
and Council Regulation 1/2005 shall have effect in Jersey, and in relation
to the transport of animals in Jersey and otherwise in relation to Jersey, as
if Jersey were a Member State, but subject to these Regulations and (for the
avoidance of doubt) to the exceptions and conditions set out in Council Regulation 1255/97
and Council Regulation 1/2005 themselves.
PART 3
offences
relating to Transport of Animals
3 Failure
to comply with Council Regulation 1/2005
(1) A
person who fails to comply with any of the following provisions of Council Regulation 1/2005
shall be guilty of an offence –
(a) Article 3;
(b) Article 4;
(c) Article 5;
(d) Article 6;
(e) Article 7;
(f) Article 8;
(g) Article 9;
(h) paragraph 1.8,
1.9 or 1.11 of Chapter III of Annex I.
(2) For
the purposes of paragraph (1), a person complies with Article 5(1) of
Council Regulation 1/2005 if that person contracts or subcontracts the transport of animals to
transporters authorised by the competent authority of a
British Island.[5]
(2A) For
the purposes of paragraph (1), a person complies with
Article 6 of Council Regulation 1/2005 if –
(a) in relation to
paragraphs (1) and (2), the person holds an authorisation issued by the
competent authority of a British Island and notifies to that competent
authority any changes in to the information and documents required by that
authorisation no more than 15 working days from the date the changes took
place;
(b) in relation to
paragraph (5), the person holds a certificate of competency issued by the
competent authority of a British Island;
(c) in relation to
paragraph (8), the person makes available a certificate of approval issued
by a competent authority of a British Island.[6]
(3) A transporter shall, for 6 months
after the completion of the journey, keep a copy of the documentation that he
or she is required to carry under Article 4 of Council Regulation 1/2005.
(4) A
person who fails to comply with paragraph (3) shall be guilty of an
offence.
4 Roll-on-roll-off
vessels
(1) A
master of a roll-on-roll-off vessel who fails to comply with paragraph 3.1
of Chapter II of Annex I to Council Regulation 1/2005 shall be
guilty of an offence.
(2) A
transporter shall not transport animals on a roll-on-roll-off vessel unless,
before the animals are loaded on the vessel, the master of the vessel has
verified the matters specified in paragraph 3.1 of Chapter II of
Annex I to Council Regulation 1/2005.
(3) A
transporter who contravenes paragraph (2) shall be guilty of an offence.
5 Control
posts
(1) A
person who operates a control post without being approved to do so by the
Minister shall be guilty of an offence.
(2) A
person who operates or uses a control post that is not approved in accordance
with Article 3(1) of Council Regulation 1255/97 shall be guilty of an
offence.
(3) An
operator of a control post who fails to ensure that the control post is used in
conformity with Articles 4(1), (2) and (3) and 5 of Council Regulation 1255/97
shall be guilty of an offence.
(4) An
operator of a control post who fails to ensure that before animals leave the
control post Article 6(1) of Council Regulation 1255/97 has been
complied with in relation to the animals shall be guilty of an offence.
PART 4
Derogations
for road journeys under 12 hours
6 Application
The derogations set out in
this Part apply, for the purposes of Article 18(4) of Council Regulation 1/2005,
in respect of a means of transport by road in respect of journeys not exceeding
12 hours in order to reach the final place of destination.
7 Derogation
from inspection and approval
Despite Articles 6(8),
7(1) and 18(1) of Council Regulation 1/2005, a means of transport by
road used to transport animals other than domestic Equidae or
domestic animals of bovine, ovine, caprine or porcine species does not require
a certificate of approval.
8 Derogation
from requirement for continuous access to water
Despite Article 6(3)
of, and paragraph 1.4(b) of Chapter V of Annex I to, Council Regulation 1/2005,
during a journey pigs do not require continuous access to water if they are offered
water at appropriate intervals and afforded an adequate opportunity to drink.
9 Derogation
from insulated roof requirement
Despite Article 6(3)
of, and paragraph 1.1 of Chapter VI of Annex I to, Council Regulation 1/2005,
the roof on a means of transport by road does not require insulation.
10 Derogation from
temperature requirements
(1) Despite
Article 6(3) of, and paragraph 3.1 of Chapter VI of Annex I
to, Council Regulation 1/2005, the temperature on a means of transport by
road may fall below 0ºC during a journey –
(a) up to
the time when the means of transport by road is first moved at the place of
departure; and
(b) during
any unloading and loading occurring at intermediate points in the journey.
(2) However,
the derogation set out in paragraph (1) does not apply in relation to the
transport of pigs that each weigh less than 30 kg and are unaccompanied on
the journey by their mother unless, when the temperature falls below 0ºC, the
pigs are provided with adequate quantities of bedding material appropriate to
their species to ensure their thermal comfort.
11 Derogation from
ventilation system requirement
(1) Despite
Article 6(3) of, and paragraph 3.2 of Chapter VI of Annex I
to, Council Regulation 1/2005, the ventilation system on a means of
transport by road does not need to meet the requirements of that paragraph if
it meets the requirements of paragraph 3.1 of that Chapter.
(2) The
ventilation system may for the purposes of paragraph (1) be regarded as
meeting the requirements of paragraph 3.1 of Chapter VI of
Annex I to Council Regulation 1/2005 even in a case where the
temperature has been allowed to fall as specified in the derogation under Regulation 10,
as long as the condition specified in Regulation 10(2) is not broken.
12 Derogation from
temperature monitoring requirements
Despite Article 6(3)
of, and paragraphs 3.3 and 3.4 of Chapter VI of Annex I to,
Council Regulation 1/2005, the temperature monitoring, data recording and
warning systems referred to in those paragraphs are not required on a means of
transport by road.
13 Derogation from
navigation system requirement
Despite Articles 6(3) and
21 of, and paragraph 4.1 of Chapter VI of Annex I to, Council Regulation 1/2005,
the navigation system referred to in that paragraph is not required in a means
of transport by road.
PART 5
Approvals
and review
14 Interpretation
In this Part, a reference
to an approval, authorization, certificate, certificate of approval, or
certificate of competence, is to any such thing granted or issued under these
Regulations, Council Regulation 1255/97 or Council Regulation 1/2005.
15 Competent
authority
For the purposes of Council
Regulation 1255/97 and Council Regulation 1/2005 generally, the
competent authority in respect of Jersey shall be the Minister.
16 The competent
authority to exercise powers under Community Regulations
(1) The
Minister is the competent authority –
(a) to
grant to a transporter an authorization referred to in Article 10 or 11
of Council Regulation 1/2005;
(b) to
issue a certificate of competence referred to in Article 17(2) of that
Regulation;
(c) to
grant a certificate of approval of means of transport by road referred to in Article 18(1)
of that Regulation; or
(d) to
grant a certificate of approval of a livestock vessel referred to in Article 19(1)
of that Regulation.
(2) The
Minister is the competent authority for exercising functions or receiving
notifications (as the case requires) in relation to the following matters and
provisions of Council Regulation 1/2005 –
(a) authorizations
under Article 6(2);
(b) under
Article 6(5), (8) or (9) or paragraph 3(b) of Annex II;
(c) journey
logs under Article 14(1) or paragraph 5 of Annex II;
(d) long
journeys under Article 15;
(e) livestock
vessels under Article 19(3) or (4) or 20;
(f) non-compliance
by transporters under Article 23;
(g) as
referred to in Article 26;
(h) inspections
under Article 27(1);
(i) approving
classification societies as referred to in paragraph 1 of section 1
of Chapter IV of Annex I.
(3) The
Minister is the competent authority –
(a) to
issue an approval under Article 3 of Council Regulation 1255/97;
(b) to
exercise Jersey’s power to issue an approval under Article 4(2) of
Council Regulation 1255/97; or
(c) for
the purposes of Article 5(h) and (i) of that Regulation.
(4) The
Minister –
(a) is
responsible for exercising Jersey’s functions generally for the purposes
of Council Regulation 1255/97 and Council Regulation 1/2005; and
(b) may
designate a body for the purposes of Article 17(2), 18(1) or 19(1)
of Council Regulation 1/2005.
17 Approvals,
authorizations etc
Any approval, authorization
or certificate granted or issued under these Regulations, Council Regulation 1255/97
or Council Regulation 1/2005 –
(a) must
be in writing;
(b) may
be made subject to conditions; and
(c) may
be amended, suspended or revoked at any time.
18 Suspension, amendment
and revocation
(1) The
Minister may, by notice, suspend or amend an approval, authorization,
certificate of approval or certificate of competence if satisfied that its
holder has breached –
(a) any
of the conditions under which it was granted or issued; or
(b) any
provision of these Regulations, Council Regulation 1255/97 or Council Regulation 1/2005.
(2) A
suspension under paragraph (1) –
(a) has
immediate effect where the Minister considers it necessary to protect the
welfare of animals; or
(b) otherwise
shall not have effect for at least 21 days following service of the
notice.
(3) A
notice under paragraph (1) must –
(a) give
reasons for the suspension or amendment;
(b) state
when the suspension or amendment comes into effect and, in the case of a
suspension, state on what date or event it is to cease to have effect; and
(c) explain
the right of the holder of the approval, authorization, certificate of approval
or certificate of competence to make written representations against the
suspension or amendment to a person appointed by the Minister.
(4) Where
the notice does not have immediate effect, and representations are made under Regulation 19,
the relevant amendment or suspension shall not have effect until –
(a) notice
of the final determination by the Minister in accordance with Regulation 19
is given to the holder; or
(b) the
Minister decides that it is necessary for the protection of animal welfare for
the amendment or suspension to have immediate effect and gives notice to the
holder to that effect.
(5) If
the Minister’s final determination under Regulation 19 is to uphold
a suspension, or the period for making representations against a suspension has
expired without any such representation having been made, the Minister may, by
notice to the relevant holder, revoke the relevant approval, authorization,
certificate of approval or certificate of competence if satisfied that the
holder will not comply with –
(a) one
or more of the conditions under which it was granted or issued; or
(b) one
or more of the provisions of these Regulations, Council Regulation 1255/97
or Council Regulation 1/2005.
19 Representations
to an appointed person
(1) An
applicant for an approval, authorization or certificate may make written
representations, to a person appointed for the purpose by the Minister, against
a refusal to grant or issue to the applicant the approval, authorization or
certificate.
(2) A
holder of an approval, authorization or certificate may make written
representations, to a person appointed for the purpose by the Minister, against
a condition, amendment, suspension or revocation of the approval, authorization
or certificate.
(3) Any
representations must be made within 21 days of receiving notification of
the refusal, condition, amendment, suspension or revocation if they are to be
considered under this Regulation.
(4) The
person appointed for the purpose by the Minister must consider the
representations and report on those considerations in writing to the Minister.
(5) The
Minister must give to the applicant or holder who made the representations
written notification of the Minister’s final determination on the
refusal, condition, amendment, suspension, or revocation, and of the reasons
for the determination.
PART 6
Miscellaneous
20 Inspector may
stop vehicle and enter premises
(1) An
inspector may (on producing, if required to do so by a person apparently in
charge of the land or premises, duly authenticated evidence of the
inspector’s appointment as such) at any reasonable hour enter land or
premises for the purposes of carrying out the inspector’s functions under
these Regulations, including the enforcement of these Regulations, of Council Regulation 1255/97
and of Council Regulation 1/2005.
(2) An
inspector may carry out any check, search, or examination, necessary to
ascertain whether these Regulations, Council Regulation 1255/97 and Council
Regulation 1/2005 are being complied with and in particular may examine
and copy any document.
(3) An
inspector exercising a function under this Regulation may be accompanied by
such person or persons as the inspector thinks fit.
(4) An
inspector may, in order to exercise a function under this Regulation in
relation to premises that are a vessel, boat, aircraft or vehicle of any other
description, require the person apparently in charge of that vessel, boat,
aircraft or vehicle to stop it for the time that it takes the inspector to
exercise the function in relation to it.
(5) The
power in paragraph (4) to require a person to stop a vessel, boat,
aircraft or vehicle may only be exercised where the inspector has a reasonable
suspicion that these Regulations are not, or Council Regulation 1255/97 or
Council Regulation 1/2005 is not, being complied with.
(6) A
person who, without reasonable excuse, fails to comply with an
inspector’s requirement under paragraph (4) shall be guilty of an
offence.
(7) In
this Regulation “premises” includes any vessel, boat, aircraft or
vehicle of any other description but does not include premises used exclusively
as a dwelling house.
21 Inspector may
require compliance
(1) If
an inspector considers animals are being transported, or are to be transported,
in a way that contravenes any provision of these Regulations, Council Regulation 1255/97
or Council Regulation 1/2005, the inspector may serve a notice on the
person appearing to the inspector to be in charge of the animals requiring that
person to take any action necessary to ensure compliance with the provision,
giving reasons for the requirements.
(2) In
particular, an inspector may by such notice –
(a) prohibit
the transport of the animals, either indefinitely or for a period specified in
the notice;
(b) specify
conditions under which the animals may be transported;
(c) require
the journey to be completed, or the animals to be returned to their place of
departure, by the most direct route, provided that this course of action would
not cause unnecessary suffering to the animals;
(d) require
animals not fit to complete their journey to be unloaded, watered, fed or
rested;
(e) require
the animals to be held in suitable accommodation with appropriate care until
the problem identified in the notice is solved;
(f) require
the humane slaughter or killing of the animals; or
(g) require
a means of transport or container to be repaired or replaced before it is used
to transport animals.
(3) Where
it is necessary for identification purposes, an inspector may mark an animal.
(4) An
inspector may take copies of any document if the inspector has inspected the
document for the purpose of ascertaining whether the provisions of these
Regulations, Council Regulation 1255/97 or Council Regulation 1/2005
have been complied with.
(5) An
inspector may serve on the owner of a control post, or any person appearing to
the inspector to be in charge of a control post, a notice requiring him or her to
take any action that the inspector reasonably considers necessary to ensure
compliance with, or to remedy any infringement of, Council Regulation 1255/97.
(6) In
particular, an inspector may by such notice –
(a) require
one or more animals at a control post to be removed from the control post; or
(b) specify
conditions under which animals may remain there.
(7) In
deciding whether to serve a notice under this Regulation, an inspector may take
into account any previous failure by the person on whom the notice is to be
served to comply with any provision of –
(a) the Animal Health (Jersey) Law 2016 or any Order made under it;
(b) the Animal Welfare (Jersey) Law 2004;
(c) these
Regulations, Council Regulation 1255/97 or Council Regulation 1/2005.[7]
(8) If
a person fails to comply with a notice served on the person under this Regulation,
an inspector may take any steps that the inspector considers necessary to
ensure that the requirement is met.
(9) If
an inspector takes such steps, the person on whom the notice has been served shall
reimburse any reasonable expenses incurred by the Minister or inspector in
taking the steps and any such expenses shall be recoverable as a debt due to
the Minister.
(10) A
person who, without reasonable excuse, fails to comply with a notice served on
the person under this Regulation shall be guilty of an offence.
(11) A
person who, without permission from an inspector to do so, removes, defaces,
obliterates or alters a mark made under paragraph (3) shall be guilty of
an offence.
22 Production of
plans
(1) The
owner or charterer of any vessel to be used for the transport of animals must on
demand by an inspector produce to the inspector plans of the vessel (including
details of its ventilation system and any fittings for livestock).
(2) The
owner or charterer of any vessel to be used for the transport of animals must, on
demand by an inspector, provide the inspector with such information concerning
the vessel as the inspector considers necessary to enable the inspector to
ascertain whether these Regulations, Council Regulation 1255/97 and Council
Regulation 1/2005, to the extent that the case requires, will be complied
with during a proposed journey.
(3) A
person who, without reasonable excuse, fails to comply with this Regulation
shall be guilty of an offence.
23 Obstruction
(1) A
person shall not –
(a) intentionally
obstruct the Minister, an inspector or other person exercising functions under these
Regulations, Council Regulation 1255/97 or Council Regulation 1/2005;
(b) without
reasonable cause, fail to give the Minister, an inspector or other person
exercising functions under these Regulations, Council Regulation 1255/97
or Council Regulation 1/2005 any assistance or information that the
Minister, the inspector or the other person may reasonably require for the
purposes of exercising their functions under any of those Regulations;
(c) provide
false information on any journey log (whether submitted for approval, returned
to an inspector or the Minister after the relevant journey or otherwise) or
provide false or misleading information on any documentation carried pursuant
to Article 4 of Council Regulation 1/2005;
(d) make
an entry in a record or statement, or give any information for the purposes of
these Regulations, that the person knows to be false or misleading in a
material particular or, for those purposes, recklessly make a statement or give
any information that is false or misleading in any material particular; or
(e) cause
or permit any of the above.
(2) A
person who contravenes paragraph (1) shall be guilty of an offence.
24 Offences
(1) A
person who is guilty of an offence under these Regulations shall be liable to
imprisonment for 6 months and a fine of level 3 on the standard
scale.[8]
(2) Where
an offence under these Regulations committed by a limited liability partnership
or body corporate is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of –
(a) a
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the person shall also be
guilty of the offence and liable in the same manner as the partnership or body
corporate to the penalty provided for that offence.
(3) Where
the affairs of a body corporate are managed by its members, paragraph (2)
shall apply in relation to acts and defaults of a member in connection with the
member’s functions of management as if the member were a director of the
body corporate.
25 Offences due to
fault of another person and defence of due diligence
(1) If
the commission by any person of an offence under these Regulations is due to
the act or default of some other person, the other person shall also be guilty
of the offence.
(2) A
person may be charged with and convicted of the offence by virtue of paragraph (1)
whether or not proceedings are taken against another person.
(3) In
any proceedings for an offence under these Regulations, it shall, subject to paragraph (4),
be a defence for the person charged with the offence to prove that the person
took all reasonable precautions and exercised all due diligence to avoid the
commission of the offence personally or by a person under his or her control.
(4) If,
in any case, the defence provided by paragraph (3) involves the allegation
that the commission of the offence was due to an act or default of another
person, or to reliance on information supplied by another person, the person
charged shall not, without leave of the court, be entitled to rely on that
defence unless –
(a) at
least 7 clear days before the hearing; and
(b) where
he or she has previously appeared before a court in connection with the alleged
offence, within one month of the first such appearance,
the person has served on
the prosecutor a notice in writing giving such information identifying or
assisting in the identification of that other person as was then in his or her
possession.
(5) In
paragraph (4) any reference to appearing before a court shall be construed
as including a reference to being brought before a court.
26 Fees for certificates,
approvals and inspections
(1) The
Minister may, by Order, prescribe fees for the exercise of a function of the
Minister referred to in Regulation 16.
(2) Where
a fee is prescribed under paragraph (1) for the exercise of a function the
Minister may refuse to exercise the function until the fee has been paid.
(3) The
Minister may, by Order, prescribe fees for any inspection, test or official
examination carried out by or on behalf of an inspector in the discharge of
functions under these Regulations.
(4) Fees
prescribed by the Minister under this Regulation may be determined by reference
to rates which represent the reasonable costs and expenses incurred in
employing or contracting for an inspector to undertake an inspection, test or
official examination, during any given unit of time, whether for the purpose of
the issue of a certificate or the grant of an approval or otherwise in the
discharge of functions under these Regulations.
(5) Fees
prescribed by reference to a rate for an inspector shall be charged in units of
not less than half an hour.
(6) A
fee prescribed under paragraph (3) may be recovered by the Minister as a
debt.
27 Citation
These Regulations may be cited as the Community Provisions (Welfare
of Animals during Transport) (Jersey) Regulations 2013.