Brussels, 23 January 2018
NOTICE TO STAKEHOLDERS
WITHDRAWAL OF THE UNITED KINGDOM AND EU RULES FOR
TRANSPORTERS OF LIVE ANIMALS, DRIVERS AND ATTENDANTS
The United Kingdom submitted on 29 March 2017 the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means that unless a ratified withdrawal agreement1 establishes another date, all Union primary and secondary law will cease to apply to the United Kingdom from 30 March 2019, 00:00h (CET) (‘the withdrawal date’).2 The United Kingdom will then become a ‘third country’.3
Preparing for the withdrawal is not just a matter for European and national authorities, but also for private parties. In view of the considerable uncertainties, in particular concerning the content of a possible withdrawal agreement, all business operators and persons holding transporters authorisations, certificates of approval of means of transport and certificates of competence for drivers and attendants pursuant to the provisions of Council Regulation (EC) No 1/2005 on the protection of animals during transport4 (later called “the Regulation”), are reminded of certain legal repercussions which need to be considered when the United Kingdom becomes a third country. Subject to any transitional arrangement that may be contained in a possible withdrawal agreement, as of the withdrawal date, Council Regulation (EC) No 1/2005 on the protection of animals during transport no longer applies to the United Kingdom. This has, in particular, the following consequences for the authorisations and certificates for transporters of live animals, drivers and attendants.
Transporter authorisations Transporter authorisations5 granted by the competent authorities of the United Kingdom pursuant to Articles 10 or 11 of the Regulation will no longer be valid in the European Union from the moment the United Kingdom becomes a third country.
1 Negotiations are ongoing with the United Kingdom with a view to reaching a withdrawal agreement.
2 Furthermore, in accordance with Article 50(3) of the Treaty on European Union, the European Council, in agreement with the United Kingdom, may unanimously decide that the Treaties cease to apply at a later date.
3 A third country is a country not member of the EU.
4 OJ L 3, 5.1.2005, p. 1.
5 A transporter authorisation issued by the competent authority is required to transport live animals pursuant to Article 6(1) of the Regulation.
Transporters who hold such an authorisation and want to continue their professional activities in the European Union will have to apply for a new authorisation with an EU27 Member State. Certificates of approval of means of transport Certificates of approval6 granted by the competent authorities of the United Kingdom pursuant to Articles 18 or 19 of the Regulation will no longer be valid in the European Union from the moment the United Kingdom becomes a third country. Transporters who want to continue their professional activities in the European Union will have to apply for the relevant certificate of approval with an EU-27 Member State. Certificates of competence for drivers and attendants Certificates of competence7 granted by the competent authorities of the United Kingdom pursuant to Article 17(2) of the Regulation will no longer be valid from the moment the United Kingdom becomes a third country. Persons who hold such a certificate of competence and want to continue their professional activities in the European Union will have to apply for a new certificate with an EU-27 Member State. Transporters are also invited to inform the persons concerned of the need to apply for a new certificate.
The website of the Commission on animal welfare (https://ec.europa.eu/food/animals/welfare_en) provides general information concerning animal welfare. These pages will be updated with further information, where necessary- European Commission Directorate-General for Health and Food Safety
6 A certificate of approval for means of transport issued by the competent authorities is required.
This article contains European Union public sector information which is reproduced pursuant to Commission Decision of 12 December 2011 on the reuse of Commission documents (2011/833/EU)
Contact McMahon Legal