Welfare of Animals During Transport

New regulations on the protection of animals during transport and related operations came into effect on 5^th January 2007; if you are affected by this legislation you should apply immediately for authorisation papers.

In the UK we have always emphasised the need for animals to be transported in a way that would not cause injury or unnecessary suffering - this will continue and good transport practice should continue to be followed.

The regulation aims to improve animal welfare through raising transportation standards; in particular it provides significant improvements in enforcement capacity and it is required to bring consistency across the European Union.

It will apply to all those who are involved with transportation of live vertebrate animals in connection with an economic activity. The regulation does not define 'economic activity' but gives an indication that it includes transport for commercial purposes where an exchange of goods, money or services takes place and also where transport directly or indirectly involves or aims at financial gain.

This will include:

• Livestock and equine hauliers
• Farmers
• Animal breeders
• Performing animal transporters
• Those who move horses in connection with professional riding, livery and stabling.
• "Professional" horse racers and trainers.

It does not include:

• Moving animals for any purpose not connected with an economic activity
• Individual horses, fit for travel, transported by their owner or other responsible person. (or similarly 2 horses, accompanied by 2 such persons.)
• Individuals taking their pets on holiday
• Farmers moving their own stock, in their own vehicles under 50km from their own holdings
• Moving animals for veterinary treatment

NB: These lists are not definitive

However, it should be noted that there are no exclusions or exemptions from the general obligation to transport all animals in ways which do not cause injury or unnecessary suffering.

Recreational and competition horses and ponies

Transporting horses and ponies to ride, show or compete for pleasure is deemed to be excluded from the welfare in transport legislation. If it is not related to a persons business, but rather to their hobby then the transportation will fall outside of the scope of the regulation.

It is also the case that if individuals travelling their horses together share the burden of transport (for example, petrol costs) but no profit is made by the individual carrying out the transport then this would also be considered to be outside the scope of the regulation for welfare in transport purposes.

However, if a haulier is paid to move a horse or pony for leisure reasons, then that would require the haulier to have applied for the necessary authorisations and comply with the new regulations.

Horses transported to a competition or other event as part of a business will be under the scope of the legislation. There may be some situations regarding 'professional' competition horses where it becomes unclear whether they are in the scope of the legislation. These situations should be considered on a case by case basis and individuals should ask themselves if they are professional and in business, if there is any doubt advice should be sought from DEFRA.

Mares and Foals

A mare travelling with a foal that has not been weaned would be classed as one animal, therefore if it is accompanied by an owner or other responsible person and was fit for the intended journey it would be exempt.

When a foal has been weaned, the mare and foal would count as two animals and for the journey to be exempt would need to be accompanied by 2 responsible persons.

Requirements

1. Short Journeys - over 65km and up to 8 hours will require:
1. Transporters authorisation (5^th January 2007, applications now being received)
2. Competency certificates (Jan 2008)

2. Long Journeys - of any length, including over 8 hours will require:
1. Transporters authorisation (5^th January 2007, applications now being received)
2. Competency certificates (Jan 2008)
3. Vehicle approvals (2007)

Journeys of less than 65km are exempt from the requirements.

Transporters authorisations should now be applied for and will be issued by the state veterinary service; they are currently free and will last for 5 years. The forms and guidance on how to fill this in can be found on Defra's website. Advice on vehicle approval will be issued by DEFRA as soon as possible.

In order to help you decide what action you will need to take, please see the following flowchart, BEF Guidelines on New Welfare of Animals During Transport Legislation.

It should be noted that this outline is provided to give an overview of the regulation. It should be read in conjunction with the legislation and DEFRA's guidance notes which can also be found on the above website.