12. In accordance with Article 18(4) of Council Regulation (EC) No 1/2005, the derogations in this Part apply in respect of a means of transport by road used for a journey that does not exceed 12 hours in order to reach the final place of destination (“means of transport by road”).
13. For the purposes of Article 18(1) of Council Regulation (EC) No 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.
14. For the purposes of point 1.4(b) of Chapter V of Annex I to Council Regulation (EC) No 1/2005, during a journey pigs—
(a) do not require continuous access to water on a means of transport by road;
(b) must be offered water at appropriate intervals and afforded an adequate opportunity to drink.
15. For the purposes of point 1.1 of Chapter VI to Annex I to Council Regulation (EC) No 1/2005, the roof on a means of transport by road does not require insulation.
16.—(1) For the purposes of point 3.1 of Chapter VI of Annex I to Council Regulation (EC) No 1/2005, the temperature on a means of transport by road may fall below 0°C 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) But where the temperature falls below 0°C, pigs weighing less than 30 kgs and unaccompanied on the journey by their mother must be provided with adequate quantities of a bedding material appropriate to the species to ensure their thermal comfort.
17. The ventilation system on a means of transport by road—
(a) does not require the capabilities described in point 3.2 of Chapter VI of Annex I to Council Regulation (EC) No 1/2005;
(b) must be capable of adjustment so as to ensure that the requirements for temperatures set out in that point and in article 16(1) are maintained during the journey.
18. The temperature monitoring, data recording and warning systems referred to in points 3.3 and 3.4 of Chapter VI of Annex I to Council Regulation (EC) No 1/2005 are not required on a means of transport by road.
19. The navigation system referred to in point 4.1 of Chapter VI of Annex I to Council Regulation (EC) No 1/2005 is not required in a means of transport by road.
20.—(1) The National Assembly is the competent authority for the purposes of granting or issuing—
(a) authorisations to transporters in accordance with Articles 10, 11 and 13 of Council Regulation (EC) No 1/2005;
(b) certificates of competence in accordance with Article 17(2) of that Regulation;
(c) certificates of approval of means of transport by road in accordance with Article 18(1) of that Regulation;
(d) certificates of approval of livestock vessels in accordance with Article 19(1) of that Regulation.
(2) For the purposes of that Regulation, the National Assembly is the competent authority for—
(a) receiving notification of changes relating to authorisations in accordance with Article 6(2);
(b) receiving documents in accordance with Article 6(5), (8) and (9) and point 3(b) of Annex II;
(c) checking and inspecting journey logs in accordance with Article 14(1) and the second paragraph of point 5 of Annex II;
(d) carrying out checks relating to long journeys in accordance with Article 15;
(e) recording information relating to livestock vessels in accordance with Article 19(3) and (4);
(f) inspecting livestock vessels in accordance with Article 20;
(g) requiring action in the event of non-compliance by transporters in accordance with Article 23;
(h) receiving notification from other competent authorities of non-compliance in accordance with Article 26(2) and (3);
(i) taking action in the event of infringements in accordance with Article 26;
(j) inspecting animals, means of transport and accompanying documentation in accordance with Article 27(1);
(k) approving classification societies in accordance with point 1 of Chapter IV of Annex I.
(3) The National Assembly is the competent authority for the purposes of—
(a) granting or issuing approvals in accordance with Articles 3 and 4(2) of Council Regulation (EC) No 1255/97;
(b) receiving information on animals passing through a control post in accordance with Article 5(h) and (i) of that Regulation.
(4) The National Assembly is responsible for exercising the functions of a member State for the purposes of—
(a) Council Regulation (EC) No 1/2005;
(b) Council Regulation (EC) No 1255/97,
and for designating bodies in accordance with Articles 17(2), 18(1) and 19(1) of Council Regulation (EC) No 1/2005.
21. Any approval, authorisation or certificate issued under this Order, Council Regulation (EC) No 1/2005 or Council Regulation (EC) No 1255/97—
(a) must be in writing;
(b) may be made subject to conditions; and
(c) may be amended, suspended or revoked at any time.
22.—(1) The National Assembly may, by notice, suspend or amend an approval, authorisation, certificate of approval or certificate of competence if satisfied that any of the conditions under which it was granted or of any provision of Council Regulation (EC) No 1/2005, Council Regulation (EC) No 1255/97 or this Order have been breached.
(2) A suspension under paragraph (1)—
(a) has immediate effect where the National Assembly considers it necessary to protect the welfare of animals;
(b) otherwise will not have effect for at least 21 days following service of the notice.
(3) The notice must—
(a) give reasons;
(b) state when it 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 recipient of the notice to make written representations to a person appointed by the National Assembly.
(4) Where the notice does not have immediate effect, and representations are made under article 23, an amendment or suspension will not have effect until the final determination by the National Assembly in accordance with article 23 unless the National Assembly decides that it is necessary for the protection of animal welfare for the amendment or suspension to have immediate effect and gives notice to that effect.
(5) Where a suspension is upheld, the National Assembly may, by notice, revoke an approval, authorisation, certificate of approval or certificate of competence if satisfied that this Order, Council Regulation (EC) No 1/2005 or Council Regulation (EC) No 1255/97 will not be complied with.
(6) A notice must not be issued under paragraph (5) until the process in article 23 (if any) has been completed.
23.—(1) A person may make written representations against a refusal, condition, amendment, suspension or revocation of an approval, authorisation or certificate to a person appointed for the purpose by the National Assembly.
(2) Any representations must be made within 21 days of receiving notification of the National Assembly’s decision.
(3) The appointed person must consider the representations and report in writing to the National Assembly.
(4) The National Assembly must give to the person making the representations written notification of its final determination and its reasons.