Council Regulation (EC) No 1255/97Dangos y teitl llawn

Article 1 U.K.

[F1 1. Control posts are places where animals are rested for at least 12 hours or more pursuant to point 1.5. or 1.7(b) of Chapter V of Annex I to Regulation (EC) 1/2005 (1) .]

2. The [F1 control posts referred to in paragraph 1 shall comply with the Community criteria laid down in this Regulation.

Textual Amendments

F1 Substituted by 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.

Article 2 U.K.

For the purposes of this Regulation, the definitions in Article 2 of Directives 64/432/EEC, 90/425/EEC, 91/496/EEC and 91/628/EEC shall apply as necessary.

[F1 Article 3 U.K.

1. The competent authority shall approve and issue an approval number to each control post. Such approval may be limited to a particular species or to certain categories of animal and health status. Member States shall notify the Commission of the list of approved control posts and any updates.

Member States shall also notify the Commission of the detailed arrangements in application of the provisions in Article 4(2), in particular the period of use as control posts and the double purpose of approved premises.

2. Control posts shall be listed by the Commission in accordance with the procedure referred to in Article 31(2) of Regulation (EC) No 1/2005 upon a proposal of the competent authority of the Member State concerned.

3. Member States may only propose control posts for listing once the competent authority has checked that it complies with the relevant requirements and approved it. For the purpose of such approval, the competent authority as defined in Article 2(6) of Directive 90/425/EEC shall ensure that control posts fulfil all the requirements in Annex I to this Regulation; in addition, such control posts shall:

(a) be located in an area which is not subject to prohibition or restrictions in accordance with relevant Community legislation;

(b) be under the control of an official veterinarian who shall ensure, inter alia , compliance with the provisions of this Regulation;

(c) operate in compliance with all the relevant Community rules regarding animal health, the movement of animals and the protection of animals at the time of slaughter;

(d) undergo regular inspection, at least twice a year, to ascertain that the requirements for approval continue to be fulfilled.

4. A Member State must, in serious cases, particularly on animal health or welfare grounds, suspend the use of a control post situated in its territory. It shall inform the Commission and the other Member States of such suspension and of its reasons. The suspension of the use of the control post may only be lifted after notification to the Commission and the other Member States on its reasons.

5. The Commission, in accordance with the procedure referred to in Article 31(2) of Regulation (EC) No 1/2005, may suspend the use of a control post or withdraw it from the list, if on-the-spot checks carried out by the experts of the Commission as referred to in Article 28 of that Regulation indicate non-compliance with the relevant Community legislation.]

Textual Amendments

F1 Substituted by 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.

[F2 Article 4 U.K.

1. Control posts shall be used exclusively to receive, feed, water, rest, accommodate, care for and dispatch animals passing through.

2. However, by way of derogation from paragraph 1, Member States may also approve as control posts the entire premises of assembly centres as defined in Article 2(o) of Directive 64/432/EEC and Article 2(b)(3) of Directive 91/68/EEC provided that they comply with paragraph 3 of this Article and of point A.4 of Annex I to this Regulation during the entire period of operation as control posts .

3. Animals may be present at the same time at a control post only if:

(a) they are of the same certified health status, including where appropriate, any additional guarantee granted in accordance with Community legislation; and

(b) their health status is certified;

(i)

either according to the requirements applicable to the category of animals of the species concerned as laid down in the Community veterinary legislation listed in Annex A to Directive 90/425/EEC.

Where not otherwise provided by the respective animal health requirements, additional certification shall guarantee that the animals have remained for at least 21 days on a single holding, or since birth on the holding of origin, if the animals are less than 21 days of age, before being dispatched from that holding either directly or transiting through one single approved assembly centre and, in the case of sheep and goats, comply with the requirements of Article 4b(4) of Directive 91/68/EEC; or

(ii)

in the case of bovine and porcine animals destined for export to a third country in application of Article 2(1) of Decision 93/444/EEC; (2)

(c) they belong to the category of animals for which the control post is approved.

[F3 4. The competent authority of the place of departure shall notify the movement of animals passing through control posts through the information exchange system referred to in Article 20 of Directive 90/425/EEC.] ]

Textual Amendments

F1 Substituted by 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.

F2 Substituted by Council Regulation (EC) No 1040/2003 of 11 June 2003 amending Regulation (EC) No 1255/97 as regards the use of staging points.

F3 Inserted by 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.

Article 5 U.K.

The owner or any natural or legal person running a control post shall be responsible for compliance with the relevant provisions of this Regulation and, to that end, shall be obliged:

(a)

to admit only those animals which have been certified or identified in accordance with the relevant Community legislation, with particular reference to the provisions referred to in Article 3 (3). For this purpose, he shall check or have others check the health or other accompanying documents belonging to the species or categories concerned and randomly check and identification marks on the animals;

(b)

[F4 . . . . .]

(c)

to ensure that the animals staying at control posts are fed and watered at the right time according to the species involved and to provide for this purpose appropriate quantities of feeding stuffs and liquids;

(d)

to care for the animals staying at control posts and, where required, take all necessary steps to guarantee their welfare and compliance with animal-health requirements;

(e)

to call a veterinarian should the need arise

• to give the appropriate treatment to animals that become sick or injured while under his responsibility and

• where necessary, to have such animals slaughtered, killed or put down in accordance with Directive 93/119/EC;

(f)

to use staff who possess the appropriate ability, knowledge and professional competence and have for that purpose received specific training either within the undertaking or from a training body or have equivalent practical experience qualifiying them to handle and, if necessary, administer appropriate care to the animals concerned;

(g)

to take the necessary steps to ensure that all those handling animals at control posts] comply with the relevant animal-welfare provisions;

(h)

[F2 to notify to the competent authority within one working day after departure of a consignment the information set out in point C.7 of Annex I, to keep a record or database of that information, to store it and to hold it at the disposal of the competent authority for at least three years;]

(i)

to inform the competent authority at the earliest opportunity of any perceived irregularities.

Textual Amendments

F1 Substituted by 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.

F2 Substituted by Council Regulation (EC) No 1040/2003 of 11 June 2003 amending Regulation (EC) No 1255/97 as regards the use of staging points.

F4 Deleted by Council Regulation (EC) No 1040/2003 of 11 June 2003 amending Regulation (EC) No 1255/97 as regards the use of staging points.

[F1 Article 6 U.K.

1. Before the animals leave the control post, the official veterinarian or any veterinarian designated for this purpose by the competent authority shall confirm on the journey log as referred to in Annex II of Regulation (EC) No 1/2005 that the animals are fit to continue their journey. Member States may stipulate that expenditure incurred as a result of the veterinary check shall be borne by the operator concerned.

2. The rules relating to the exchange of messages between authorities to comply with the requirements of this Regulation shall be laid down in accordance with the procedure laid down in Article 31(2) of Regulation (EC) No 1/2005.]

Textual Amendments

F1 Substituted by 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.

[F1 Article 6a U.K.

This Regulation shall be amended by the Council, acting by a qualified majority, on a proposal from the Commission, with a view in particular to adapting it to technological and scientific progress, except as regards any amendments to the Annex which are necessary to adapt it to the animal health situation which may be adopted in accordance with the procedure laid down in Article 31(2) of Regulation (EC) No 1/2005.]

Textual Amendments

F1 Substituted by 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.

[F5 Article 6b U.K.

[F1 The Member States shall apply the provisions of Article 26 of Council Regulation (EC) No 1/2005 to penalise any infringement of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented.] The Member States shall notify those provisions to the Commission by 1 May 2004 at the latest and shall notify it without delay of any subsequent amendment affecting them.]

Textual Amendments

F1 Substituted by 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.

F5 Inserted by Council Regulation (EC) No 1040/2003 of 11 June 2003 amending Regulation (EC) No 1255/97 as regards the use of staging points.

Article 7 U.K.

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

It shall apply as from 1 January 1999.

This Regulation shall be binding in its entirety and directly applicable in all Member States.