Proposal for a COUNCIL REGULATION amending Council Regulation (EC) No1255/97 as regards the use of staging points

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Regulation (EC) No 1255/97 [1] provides Community criteria for staging points, including health measures in order to prevent the possible transmission of diseases as well as an obligation of recording the movements of animals taking place at a staging point.

[1] OJ L 174, 2.7.1997, p. 1.

Certain outbreaks of foot and mouth disease declared in the Community in 2001 were linked with the commingling of animals at a staging point. The investigation of these outbreaks revealed that the health measures as well as the obligation of recording the movements of animals were disregarded.

Commission Decision 2001/327/EC [2], as last amended by Decision 2002/242/EC [3], temporarily suspended the use of staging points to prevent the possible extension of the epidemic of food and mouth disease within the Union.

[2] OJ L 115, 25.4.2001, p. 12.

[3] OJ L 82, 25.3.2002, p. 18.

The use of staging points may represent an animal health risk, in particular, where from an animal health point of view such staging points are not operated properly.

As a result animal health rules applicable to staging points should be reinforced and the proposed amendment of Regulation (EC) No1255/97 is the most appropriate mean of achieving this objective.

The proposal aims at increasing the level of the health criteria for staging points in order to prevent the possible transmission of diseases as well as an obligation to immediately inform the competent authorities of the movements of animals taking place at a staging point. In particular it will be required that staging points are used only by animals certified as being from the same herd of origin and as complying with the health standards of breeding animals of the species for which the staging point is approved and only following cleansing and disinfection of the premises and a sanitary break between different consignments of animals.

Proposal for a COUNCIL REGULATION amending Council Regulation (EC) No1255/97 as regards the use of staging points

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/628/EC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC [4], and in particular Article 13 (2) thereof,

[4] OJ L 340, 11.12.1991, p. 17. Directive as last amended by Directive 95/29/EC (OJ L 148, 30.6.1995, p. 52.)

Having regard to the proposal from the Commission [5],

[5] OJ C ...

Whereas:

(1) According to Directive 91/628/EC, in the course of the transport of livestock the animals are to be unloaded, rested, watered and fed at prescribed intervals.

(2) 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 [6], provides for health measures in order to prevent the possible transmission of diseases. It also lays down an obligation of recording the movements of animals.

[6] OJ L 174, 2.7.1997, p. 1.

(3) Certain outbreaks of foot and mouth disease declared in the Community in 2001 were linked with the commingling of animals at a staging point. The investigation of those outbreaks revealed that the health measures and the obligation of recording the movements of animals had been disregarded.

(4) Commission Decision 2001/327/EC [7], as last amended by Decision 2002/242/EC [8] temporarily suspended the use of staging points to prevent the possible extension of the epidemic of food and mouth disease within the Community. This measure applies until 31 December 2002, and it is necessary to replace it by appropriate permanent measures.

[7] OJ L 115, 25.4.2001, p. 12.

[8] OJ L 82, 25.3.2002, p. 18.

(5) The use of staging points may represent an animal health risk, in particular where the points are not operated properly from an animal health point of view. Consequently the animal health rules applicable to staging points should be reinforced. In particular staging points should be transited only by animals from the same herd of origin certified to the health standards of breeding animals of the species for which the staging point is approved. They should be cleansed and disinfected after the departure of each consignment of animals and a sanitary break should be allowed before another consignment is admitted.

(6) In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of the protection of the animal health status of the Community to lay down rules on the use of staging points. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued in accordance with the third paragraph of Article 5 of the Treaty.

(7) Developments in the animal health situation of the Community may require adaptation of the conditions under which staging points are used. It is appropriate to provide for a procedure by which the technical provisions in Regulation (EC) No 1255/97 may be adapted to take account of the animal health situation of the Community.

(8) Since the measures necessary for the implementation of this Regulation are measures of general scope within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [9], they should be adopted by use of the regulatory procedure provided for in Article 17 of Directive 91/628/EEC.

[9] OJ L 184, 17.7.1999, p. 23.

(9) The Member States should lay down rules on penalties applicable to infringements of the provisions of Regulation (EC) No 1255/97 and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive.

(10) Regulation (EC) No 1255/97 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1255/97 is amended as follows:

1. Article 4 is amended as follows:

(a) Paragraph 2 is replaced by the following:

"2. Animals may be present at the same time at a staging point only if:

(a) their health status is certified at the same date and they

(i) originate from the same holding of origin or the same approved assembly centre as referred to in Article 2 of Directive 64/432/EEC or in Article 2 of Directive 91/68/EEC or;

(ii) are part of to the same imported consignment and;

(b) their health status is certified in accordance with the requirements applicable to animals for breeding of the species concerned as laid down in the Community veterinary legislation listed in Annex A to Directive 90/425/EEC and;

(c) they belong to the category of animals for which the staging point is approved."

(b) Paragraph 3 is deleted.

2. Article 5 is amended as follows:

(a) Point (b) is deleted.

(b) Point (h) is replaced by the following:

"(h) to notify to the competent authority within 24 hours after departure of a consignment the information set out in point C. 7 of Annex I, to keep a record, to store it and to hold it at the disposal of the competent authority for at least three years;"

3. The following Articles 6a and 6b are inserted:

"Article 6a

Any amendments to the Annexes to this Regulation which are necessary to adapt them to the animal health situation shall be adapted in accordance with the procedure laid down in Article 17 of Directive 91/628/EEC.

Article 6b

The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions, as well as provisions for the application of Article 17, to the Commission by [...] at the latest and shall notify it without delay of any subsequent amendment affecting them."

4. Annex I is amended as follows:

(a) Point A.4 is replaced by the following:

"4. Before accepting animals, staging points shall:

(a) be cleared of animals as provided for in Article 4 (2);

(b) have started the cleaning and disinfection operations at the latest 24 hours after the departure of the animals previously held there;

(c) have remained cleared of animals for at least 24 hours after the completion of the disinfection procedure."

(b) Point C.7 (b) is deleted.

Article 2

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

It shall apply from 1 January 2003.

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

Done at Brussels,

For the Council

The President