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►B COUNCIL REGULATION (EC) No 1255/97
of 25 June 1997
concerning Community criteria for staging points and amending the route plan referred to in the
Annex to Directive 91/628/EEC
(OJ L 174, 2.7.1997, p. 1)
Amended by:
Official Journal
No page date
►M1 Council Regulation (EC) No 1040/2003 of 11 June 2003 L 151 21 19.6.2003
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COUNCIL REGULATION (EC) No 1255/97
of 25 June 1997
concerning Community criteria for staging points 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 Directives90/425/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 down, in order to improve the
welfare of certain categories of transported animals, requirementsconcerning maximum journey times after which the animals are to beunloaded, 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 staging points;
Whereas it is necessary to lay down criteria applicable throughout the
Community to be met by staging points so as to ensure the optimum
welfare conditions for the animals passing through them and also toprovide for certain incidental animal health matters;
Whereas, in order to facilitate the control of the operation of staging
points and the vehicles and animals passing through them, it is neces-sary to provide for the keeping of records and certain otheradministrative 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 MemberStates may, in compliance with the general rules of the Treaty, chargesuch 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 Direc-tive 91/628/EEC should be adjusted to the new provisions;
Whereas it is important to establish as a first step the rules for staging
points accommodating domestic solipeds and domestic animals of thebovine, ovine, caprine and porcine species;
Whereas the Scientific Veterinary Committee has recommended certain
minimum requirements for staging points, which have been taken into
account,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation shall apply only to staging points accommodating
for at least 24 hours domestic solipeds and domestic animals of thebovine, ovine, caprine and porcine species in the Community in accor-dance with Chapter VII of the Annex to Directive 91/628/EEC and1997R1255 — EN — 01.07.2004 — 001.001 — 2
(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).
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without prejudice to Directives 64/432/EEC (1), 80/213/EEC (2), 85/
511/EEC (3), 89/608/EEC (4), 90/425/EEC (5), 90/426/EEC (6), 91/68/
EEC (7), 91/496/EEC (8), 92/102/EEC (9) and 93/119/EC (10).
2. The staging points referred to in paragraph 1 shall comply with
the Community criteria laid down in this Regulation.
Article 2
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/EECshall apply as necessary.
Article 3
1. Member States shall ensure that staging points are approved by
the competent authority of the Member State in whose territory theyare situated.
2. For the purpose of such approval, the competent authority as
defined in Article 2 (6) of Directive 90/425/EEC shall ensure that
staging points fulfil all the requirements in Annex I to this Regulation;in addition, such staging points shall:
(a) be located in an area which is not subject to prohibition or retric-
tions 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 protec-
tion of animals at the time of slaughter;
(d) undergo regular inspection to ascertain that the requirements for
approval continue to be fulfilled.
3. The competent authority shall issue an approval number to each
staging point. 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
staging points and any updates.
Member states shall also notify the Commission of the detailed
arrangements in application of the provisions in Article 4(2), in parti-cular the period of use as staging points and the double purpose of
approved premises. The Commission shall present this information to
Member States in the framework of the Standing Committee on theFood Chain and Animal Health.
4. The competent authority may withdraw or suspend approval in
the event of failure to comply with this Article or other relevant provi-
sions of this Regulation, in the event of a change in the health status of1997R1255 — EN — 01.07.2004 — 001.001 — 3
(1) OJ No 121, 29. 7. 1964, p. 1977/64. Directive as last amended by Directive
95/29/EC.
(2) OJ No L 47, 21. 2. 1980, p. 1.
(3) OJ No L 315, 26. 11. 1985, p. 11. Directive as last amended by the 1994
Act of Accession.
(4) OJ No L 351, 2. 12. 1989, p. 34.
(5) OJ No L 224, 18. 8. 1990, p. 29. Directive as last amended by Directive 92/
118/EEC (OJ No L 62, 15. 3. 1993, p. 49).
(6) OJ No L 224, 18. 8. 1990, p. 42. Directive as last amended by the 1994 Act
of Accession.
(7) OJ No L 46, 19. 2. 1991, p. 19. Directive as last amended by Decision 94/
953/EC (OJ No L 371, 31. 12. 1994, p. 14).
(8) OJ No L 268, 24. 9. 1991, p. 56. Directive as last amended by Directive 96/
43/EC (OJ No L 162, 1. 7. 1996, p. 1).
(9) OJ No L 355, 5. 12. 1992, p. 32. Directive as last amended by the 1994 Act
of Accession.
(10) OJ No L 340, 31. 12. 1993, p. 21.▼M1
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the area in which the staging point is located, or in the event of breach
of the rules on animal welfare. Approval may be restored when thecompetent authority is satisfied that the staging point is once more in
compliance with all the provisions of this Regulation.
Article 4
1. Staging points 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 staging points the entire premises of assemblycentres as defined in Article 2(o) of Directive 64/432/EEC and Article2(b)(3) of Directive 91/68/EEC provided that they comply with para-
graph 3 of this Article and of point A.4 of Annex I to this Regulation
during the entire period of operation as staging points.
3. Animals may be present at the same time at a staging point only
if:
(a) they are of the same certified health status, including where appro-
priate, 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 theCommunity veterinary legislation listed in Annex A to Direc-tive 90/425/EEC.
Where not otherwise provided by the respective animal health
requirements, additional certification shall guarantee that theanimals 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 holdingeither directly or transiting through one single approvedassembly centre and, in the case of sheep and goats, complywith 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; (
1)
(c) they belong to the category of animals for which the staging point
is approved.
Article 5
The owner or any natural or legal person running a staging point shall
be responsible for compliance with the relevant provisions of thisRegulation 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 parti-cular reference to the provisions referred to in Article 3 (3). Forthis purpose, he shall check or have others check the health or
other accompanying documents belonging to the species or cate-
gories concerned and randomly check and identification marks onthe animals;
(c) to ensure that the animals staying at staging points are fed and
watered at the right time according to the species involved and toprovide for this purpose appropriate quantities of feeding stuffs andliquids;1997R1255 — EN — 01.07.2004 — 001.001 — 4
(1) OJ L 208, 19.8.1993, p. 34.▼M1
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(d) to care for the animals staying at staging points and, where
required, take all necessary steps to guarantee their welfare andcompliance 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 tohandle and, if necessary, administer appropriate care to the animalsconcerned;
(g) to take the necessary steps to ensure that all those handling animals
at staging points comply with the relevant animal-welfare provi-sions;
(h) 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 storeit and to hold it at the disposal of the competent authority for atleast three years;
(i) to inform the competent authority at the earliest opportunity of any
perceived irregularities.
Article 6
1. Before the animals leave the staging point, the official veteri-
narian or any veterinarian designated for this purpose by thecompetent authority shall confirm on the route plan adjusted to that
end in accordance with Annex II 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 authori-
ties to comply with the requirements of this Regulation shall be laiddown in accordance with the procedure laid down in Article 6 (3) ofDirective 91/628/EEC.
Article 6a
Any amendments to Annex I to this Regulation which are necessary to
adapt it to the animal health situation shall be adopted in accordancewith the procedure laid down in Article 17 of Directive 91/628/EEC.
Article 6b
The Member States shall apply the provisions of Article 18 of Direc-
tive 91/628/EEC to penalise any infringement of the provisions of thisRegulation 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 withoutdelay of any subsequent amendment affecting them.
Article 7
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 1999.1997R1255 — EN — 01.07.2004 — 001.001 — 5
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This Regulation shall be binding in its entirety and directly applicable
in all Member States.1997R1255 — EN — 01.07.2004 — 001.001 — 6
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ANNEX I
COMMUNITY CRITERIA FOR STAGING POINTS
A. HEALTH AND HYGIENE MEASURES
1. Every staging point must
(a) have suitable equipment for cleansing and disinfecting all buildings,
equipment, facilities and vehicles;
(b) be built from materials that can easily be properly cleansed and
disinfected;
(c) be cleansed and disinfected before and after each use, as required
by the official veterinarian.
2. The person in charge of the staging point shall provide clean equipment
and protective clothes which shall be kept exclusively for the use of
any persons entering the staging point, and make available suitable
equipment for cleansing and disinfecting the above items.
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.
4. Staging points 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.
5. Before accepting animals, staging points shall:
(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 veteri-
narian.
B. CONSTRUCTION AND FACILITIES
1. In addition to the provisions of Chapter 1.A (4) of the Annex to Direc-
tive 91/628/EEC applying to means of transport for loading and
unloading animals, every staging point 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 minimize the risk of slipping and be so constructed as to mini-
mize 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.
As from 1 July 1999, all staging points shall be permanently equipped
with a sufficient number of permanent or movable ramps which shall be
constructed and used in such a way that animals shall not be required to
walk up or down an incline exceeding 20º during loading and
unloading.
2. All facilities used for accomodating animals at staging points shall:
(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 feeding-
stuffs;
(d) taking holding capacity into account, have adequate ventilation and
drainage for the species of animal accommodated;1997R1255 — EN — 01.07.2004 — 001.001 — 7
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(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 orlie 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. Staging points shall have suitable facilities for the separate accommoda-
tion of animals which are diseased, injured or in need of individual
attention.
4. Staging points shall have suitable facilities for all persons having busi-
ness on and using the premises.
5. Staging points 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 Directive 90/667/
EEC (
1).
C. OPERATIONS
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.
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 unneces-
sary pain or suffering. When necessary, they must be led individually.
3. For the movement of animals throughout the facilities:
(a) mobile passageways must be arranged so as to exploit the gregar-
ious 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 staging point must not have posses-
sion 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.
5. The feeding and watering of animals shall be carried out in such a way
as to ensure that every animal accommodated at the staging point can
have at least sufficient clean water and sufficient and appropriate feed
to satisfy its bodily needs during its stay and for the expected duration1997R1255 — EN — 01.07.2004 — 001.001 — 8
(1) OJ No L 363, 27. 12. 1990, p. 51. Directive as last amended by the 1994 Act of Acces-
sion.
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of its journey to the next feeding point. Staging points 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.
6. The condition and state of the animals shall be inspected by a staff
member of the staging point on their arrival at the staging point and at
least once every 12 hours during their stay at the staging point.
7. The record referred to in Article 5 (h) of this Directive shall contain the
following information:
(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 staging point 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.1997R1255 — EN — 01.07.2004 — 001.001 — 9
ANNEX II
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