Council Regulation (EC) No 1255/97Show full title

[F1 [F2 ANNEX 1] U.K. F3 ... CRITERIA FOR CONTROL POSTS]

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 Words in Annex 1 heading substituted (31.12.2020) by The Animal Welfare (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/802), regs. 1, 2(15)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in Annex 1 heading omitted (31.12.2020) by virtue of The Animal Welfare (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/802), regs. 1, 2(15)(b); 2020 c. 1, Sch. 5 para. 1(1)

[F1 A. 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 FACILITIES U.K.

[F1 1. 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 [F1 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 [F4 Regulation (EC) No 1069/2009]. U.K.

Textual Amendments

F4 Words in Annex 1 s. B(5) substituted (31.12.2020) by The Animal Welfare (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/802), regs. 1, 2(15)(c); 2020 c. 1, Sch. 5 para. 1(1)

C. OPERATIONS U.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.

[F5 ANNEX 2 U.K. RELEVANT VETERINARY LEGISLATION

Textual Amendments

F5 Annex 2 inserted (31.12.2020) by The Animal Welfare (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/802), regs. 1, 2(16); 2020 c. 1, Sch. 5 para. 1(1)

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.]

F6 ANNEX II U.K.

Textual Amendments

F6 Deleted 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.

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .