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

Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for control posts and amending the route plan referred to in the Annex to Directive 91/628/EEC

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Council Regulation (EC) No 1255/97

of 25 June 1997

concerning Community criteria for [F1control posts and amending the route plan referred to in the Annex to Directive 91/628/EEC

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC(1), and in particular Article 13 (2) and Article 14 thereof,

Having regard to the proposal from the Commission,

Whereas Directive 91/628/EEC lays do wn, in order to improve the welfare of certain categories of transported animals, requirements concerning maximum journey times after which the animals are to be unloaded, fed and watered and rested for at least 24 hours before travelling further;

Whereas such obligatory breaks in the long-distance transport of animals will take place at control posts;

Whereas it is necessary to lay down criteria applicable throughout the Community to be met by control posts so as to ensure the optimum welfare conditions for the animals passing through them and also to provide for certain incidental animal health matters;

Whereas, in order to facilitate the control of the operation of control posts and the vehicles and animals passing through them, it is necessary to provide for the keeping of records and certain other administrative matters;

Whereas, in order to guarantee that the animals transported continue their journey under optimum welfare conditions, the competent authority should ascertain that they are fit to do so;

Whereas, pending measures aimed at charging a Community fee for expenditure incurred by veterinary checks to ascertain whether animals are fit to continue their journey, it should be stipulated that Member States may, in compliance with the general rules of the Treaty, charge such expenditure to the operator concerned;

Whereas to ensure compliance with certain rules applicable to staging posts, the route plan referred to in Chapter VIII of the Annex to Directive 91/628/EEC should be adjusted to the new provisions;

Whereas it is important to establish as a first step the rules for control posts accommodating domestic solipeds and domestic animals of the bovine, ovine, caprine and porcine species;

Whereas the Scientific Veterinary Committee has recommended certain minimum requirements for control posts, which have been taken into account,

HAS ADOPTED THIS REGULATION:

Textual Amendments

Article 1U.K.

[F11.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(2).]

2.The control posts referred to in paragraph 1 shall comply with the F2... criteria laid down in this Regulation.

Textual Amendments

Textual Amendments

Article 2U.K.

[F31].For the purposes of this Regulation, the definitions in Article 2 of Directives 64/432/EEC, 90/425/EEC, [F4and 91/496/EEC and Council Regulation (EC) No 1/2005 (other than the definitions of ‘competent authority’ in Article 2(6) of Council Directive 90/425/EEC and Article 2(f) of Council Regulation (EC) No 1/2005)] shall apply as necessary.

[F52.For the purposes of this Regulation, the following definitions apply:

(a)‘Appropriate Minister’ means:

(i)in relation to England, the Secretary of State;

(ii)in relation to Wales, the Welsh Ministers;

(iii)in relation to Scotland, the Scottish Ministers.

(b)‘Competent authority’ means the authority responsible for carrying out veterinary checks or any authority to which it has delegated that responsibility.

(d)‘TARP Regulation’ means:

(i)in relation to England, the Trade in Animals and Related Products Regulation 2011;

(ii)in relation to Wales, the Trade in Animals and Related Products (Wales) Regulations 2011;

(iii)in relation to Scotland, the Trade in Animals and Related Products (Scotland) Regulations 2012.

(e)‘Third country’ means any country other than the British Islands].

[F6(g)for the meaning of ‘the appropriate authority’ see Article 2a.]

Textual Amendments

Textual Amendments

[F7Article 2aU.K.Definition of the appropriate authority

1.Subject to paragraph 2 the ‘the appropriate authority’ means—

(a)for regulations applying in relation to England, the Secretary of State;

(b)for regulations applying in relation to Wales, the Welsh Ministers;

(c)for regulations applying in relation to Scotland, the Scottish Ministers.

2.‘The appropriate authority’ is the Secretary of State if consent is given by—

(a)for regulations applying in relation to Wales, the Welsh Ministers;

(b)for regulations applying in relation to Scotland, the Scottish Ministers.]

Textual Amendments

[F1Article 3U.K.

1.The [F8Appropriate Minister] 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. F9...

F10...

2.Control posts shall be listed by [F11each Appropriate Minister in relation to their own territories. The Secretary of State shall maintain a central list of all control posts in Great Britain].

3.[F12The Appropriate Minister] may only propose control posts for listing once the [F13relevant] competent authority has checked that it complies with the relevant requirements and approved it. For the purpose of such approval, the [F13relevant] competent authority F14... 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 [F15retained direct EU] 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 [F16retained direct EU legislation] 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.[F17The Appropriate Minister] 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 [F18other Appropriate Ministers and the competent authorities] of such suspension and of its reasons. The suspension of the use of the control post may only be lifted after notification to the [F18other Appropriate Ministers and the competent authorities] on its reasons.

5.[F19The Appropriate Minister] may suspend the use of a control post or withdraw it from the list, if on-the-spot checks carried out by the [F20relevant competent authority] indicate non-compliance with the relevant [F21retained direct EU] legislation.]

Textual Amendments

Textual Amendments

[F22Article 4U.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, [F23each Appropriate Minister in relation to their own territories] may also approve as control posts the entire premises of assembly centres as [F24approved by a TARP Regulation] 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 [F25retained direct EU] 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 F26... veterinary legislation listed in [F27Annex 2 to this Regulation].

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, [F28that after leaving the holding of origin and before arrival at destination, transit was through only one approved assembly centre situated in Great Britain. Where the sheep and goats are for slaughter, the approved assembly centre may be substituted by an approved dealer's premises situated in Great Britain]; or

(ii)

in the case of bovine and porcine animals destined for export to a third country in application of [F29a TARP Regulation];

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

F304.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Textual Amendments

Article 5U.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 [F31retained direct EU] 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)

F32...

(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 [F33Council Regulation (EC) No 1099/2009];

(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)

[F22to notify to the [F34relevant] 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 [F34relevant] competent authority for at least three years;]

(i)

to inform the [F34relevant] competent authority at the earliest opportunity of any perceived irregularities.

Textual Amendments

Textual Amendments

[F1Article 6U.K.

1.Before the animals leave the control post, the official veterinarian or any veterinarian designated for this purpose by the [F35relevant] competent authority shall confirm on the journey log as referred to in F36... Regulation (EC) No 1/2005 that the animals are fit to continue their journey. [F37The Appropriate Minister] may stipulate that expenditure incurred as a result of the veterinary check shall be borne by the operator concerned.

F382.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Textual Amendments

[F1Article 6aU.K.

[F39The appropriate authority may, by regulations, amend this Regulation], with a view in particular to adapting it to technological and scientific progress, [F40including] any amendments to [F41the Annexes to this Regulation] which are necessary to adapt it to the animal health situation F42....]

Textual Amendments

Textual Amendments

[F43Article 6bU.K.

[F1The [F44Appropriate Minister] 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.] F45...]

Textual Amendments

Textual Amendments

[F46Article 6cU.K.Regulations

1.Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

4.A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

5.A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6.Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

8.Regulations made under this Regulation may—

(a)contain consequential, incidental, supplementary, transitional or saving provision, including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018);

(b)make different provision for different purposes.

9.Before making any regulations under this Regulation, the appropriate authority must consult—

(a)such bodies or persons as appear to the appropriate authority to be representative of the interests likely to be substantially affected by the regulations;

(b)such other bodies or persons as the appropriate authority may consider appropriate.]

Textual Amendments

Article 7U.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.

F47...

Textual Amendments

[F1[F48ANNEX 1] U.K. F49... CRITERIA FOR CONTROL POSTS]

Textual Amendments

[F1A. HEALTH AND HYGIENE MEASURES U.K.

1. Every control posts must U.K.

(a)

be located, designed, constructed and operated as to ensure sufficient bio-security preventing the spreading of serious infectious diseases to other holdings and between consecutive consignments of animals passing through these premises;

(b)

be constructed, equipped and operated as to ensure that cleaning and disinfection procedures can be carried out. A lorry wash shall be provided on the spot. Such facilities must be operational under all weather conditions;

(c)

be cleansed and disinfected before and after each use, as required by the official veterinarian.

2.Personnel and equipment entering into contact with the animals accommodated shall be exclusively dedicated to the premises concerned unless they have been subject to a cleaning and disinfection procedure after being in contact with the animals or their faeces or urine. In particular the person in charge of the control post shall provide clean equipment and protective clothes, which shall be kept exclusively for the use of any persons entering the control post, and shall make available suitable equipment for cleansing and disinfecting the above items.U.K.

3.Bedding material shall be removed when a consignment of animals is moved from an enclosure and, after the cleansing and disinfecting operations provided for in point 1(c), shall be replaced by fresh bedding.U.K.

4.Animals litter, faeces and urine shall not be collected from the premises unless they have been subject to an appropriate treatment in order to avoid the spreading of animal diseases.U.K.

5.Appropriate sanitary breaks between two consecutive consignments of animals shall be respected and if appropriate adapted depending on whether they come from a similar region, zone or compartment. In particular, control posts shall be completely cleared of animals for a period of at least 24 hours after a maximum of 6 days' use and after cleansing and disinfecting operations have been carried out, and prior to the arrival of any new consignment.U.K.

6. Before accepting animals, control posts shall: U.K.

(a)

have started the cleansing and disinfection operations within 24 hours following the departure of all animals previously held there in accordance with the provisions of Article 4(3) of this Regulation;

(b)

have remained clear of animals until the cleansing and disinfection operation is completed to the satisfaction of the official veterinarian.]

B.CONSTRUCTION AND FACILITIESU.K.

[F11.In addition to the provisions of Chapters II and III of Annex I to Regulation (EC) No 1/2005 applying to means of transport for loading and unloading animals, every control post must have suitable equipment and facilities available for the purpose of loading and unloading animals from the means of transport. In particular, such equipment and facilities must have a non-slip floor covering and, if necessary, be provided with lateral protection. Bridges, ramps and gangways must be fitted with sides, railings or some other means of protection to prevent animals falling off them. Loading and unloading ramps should have the minimum possible incline. Passageways must have floor coverings which minimise the risk of slipping and be so constructed as to minimise the risk of injury to animals. Particular care must be taken to ensure that no appreciable gap or step is allowed between the vehicle floor and the ramp or the ramp and the floor of the unloading area requiring animals to jump or likely to cause them to slip or stumble.]U.K.

2.All facilities used for accomodating animals at control posts shall:U.K.

(a)

have floor coverings which minimize the risk of slipping and do not cause injury to animals;

(b)

have roofs and adequate side protection to protect the animals from adverse weather conditions;

(c)

have suitable facilities for holding, inspecting, examining where necessary, feeding and watering the animals and storing feedingstuffs;

(d)

taking holding capacity into account, have adequate ventilation and drainage for the species of animal accommodated;

(e)

have natural or artificial lighting at a level sufficient to permit inspection of all animals at any time. If necessary, adequate backup lighting should be available;

(f)

have equipment for tethering animals which need to be tethered. Such tethering shall be carried out in a way which does not cause pain or suffering to the animals and permits them to feed, drink or lie down without difficulty;

(g)

have, in relation to the species concerned, sufficient space for the animals to lie down at the same time and make their way easily to their drinking and feeding points;

(h)

have adequate supplies of bedding material. Such material shall be placed in each enclosure according to the needs of each species or category of animal accommodated;

(i)

be constructed and maintained in such a way as to avoid the animals coming into contact with any sharp or dangerous object or damaged surface which could cause them injury.

3.Control posts shall have suitable facilities for the separate accommodation of animals which are diseased, injured or in need of individual attention.U.K.

4.Control posts shall have suitable facilities for all persons having business on and using the premises.U.K.

5.Control posts shall have appropriate arrangements for the storage and disposal of waste material and for the storage of dead animals, pending their removal and destruction in accordance with [F50Regulation (EC) No 1069/2009].U.K.

Textual Amendments

C.OPERATIONSU.K.

1.Animals shall be unloaded without delay after arrival. If delay is unavoidable, however, taking account of weather conditions and waiting periods, the animals should be guaranteed the best possible welfare conditions.U.K.

2.During loading and unloading, care must be taken not to frighten, excite or mistreat the animals, and to ensure that they are not knocked over. Animals must be neither lifted nor dragged by the head, horns, ears, feet, tail or fleece or handled in such a way as to cause them unnecessary pain or suffering. When necessary, they must be led individually.U.K.

3.For the movement of animals throughout the facilities:U.K.

(a)

mobile passageways must be arranged so as to exploit the gregarious tendencies of animals;

(b)

instruments intended for guiding animals must be used solely for that purpose. Use of instruments which administer electric shocks should be avoided as far as possible and in any case may be used only for adult bovine animals and pigs which refuse to move, on condition that the shocks last no more than two seconds, are adequately spaced and that the animals have room ahead of them in which to move. Such shocks may be applied only to the muscles of the hindquarters;

(c)

animals must not be struck, nor shall pressure be applied to any particularly sensitive part of the body. In particular, animals' tails must not be crushed, twisted or broken and their eyes must not be grasped. Animals must not be punched or kicked;

(d)

persons handling animals at the control post must not have possession of or use prods or other implements with pointed ends. Sticks or other implements intended for guiding animals may be used provided they can be applied to the body of an animal without causing it injury or unnecessary suffering.

4.Animals which arrive after having been subjected to high temperatures in humid weather must be cooled by appropriate means as soon as possible.U.K.

5.The feeding and watering of animals shall be carried out in such a way as to ensure that every animal accommodated at the control post can have at least sufficient clean water and sufficient and appropriate feed to satisfy its bodily needs during its stay and for the expected duration of its journey to the next feeding point. Control posts may not receive animals with special feeding needs, such as young calves needing liquid feed, unless they are properly equipped and staffed to satisfy those needs.U.K.

6.The condition and state of the animals shall be inspected by a staff member of the control post on their arrival at the control post and at least once every 12 hours during their stay at the control post.U.K.

7.The record referred to in Article 5 (h) of this Directive shall contain the following information:U.K.

(a)

date and time of completion of unloading and commencement of reloading of each consignment;

(b)

date and duration of the depopulation for health reasons provided for in point A (4) of this Annex;

(c)

animal health certificate number(s) relating to each consignment;

(d)

any necessary remarks concerning the health or welfare condition of the animals and especially:

  • the particulars and number of animals discovered dead at the point of unloading at the control post] or which die during their stay,

  • the particulars and number of animals which are discovered to be seriously injured at the point of unloading or during their stay, or are considered to be unfit for further travel;

(e)

the names and addresses of the transporter and drivers and the registration numbers of the vehicles.

[F51ANNEX 2U.K. RELEVANT VETERINARY LEGISLATION

Textual Amendments

This Annex lists the legislation relevant to Article 4:

(a)the legislation which transposed the following:

(i)Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine;

(ii)Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species;

(iii)Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species

(iv)Council Directive 90/426/EEC on the health policy conditions governing the movement of equidae and their import from third countries;

(v)Council Directive 2009/156/EC on animal health conditions governing the movement and importation from third countries of equidae;

(vi)Council Directive 90/539/EEC on animal health conditions governing intra- Community trade in, and imports from third countries of, poultry and hatching eggs;

(vii)Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals;

(viii)Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals;

(ix)Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I)(1) to Directive 90/425/EEC;

(x)Council Directive 92/118/EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC;

(2)the following instruments:

(a)Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations;

(b)Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption;

(c)Regulation (EU) 2016/429 of the European Parliament and of the Council on transmissible animal diseases.]

F52ANNEX IIU.K.

Textual Amendments

F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1)

OJ No L 340, 11.12.1991, p. 17. Directive as last amended by Directive 95/29/EC (OJ No L 148, 30.6.1995, p. 52).

Textual Amendments

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