Proposal for a Council Regulation amending Council Regulation (EC) No1255/97 as regards the use of staging points
Date: 2002-07-19
Institutions: European Commission
Subjects: animal disease, animal welfare, health legislation, transport of animals, veterinary inspection

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Official Journal of the European Communities

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Proposal for a Council Regulation amending Council Regulation (EC) No 1255/97 as regards the
use of staging points

(2002/C 291 E/09)

COM(2002) 414 final

(Submitted by the Commission on 19 July 2002)

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.

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.

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) No 1255/97 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.

(1) OJ L 174, 2.7.1997, p. 1.
(2) OJ L 115, 25.4.2001, p. 12.
(3) OJ L 82, 25.3.2002, p. 18.

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 (1), and in
particular Article 13(2) thereof,

Having regard to the proposal from the Commission,

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

the possible

to prevent

(3) Certain outbreaks of foot and mouth disease declared in
the Community
linked with the
in 2001 were
commingling of animals at a staging point. The investi-
the health
gation of
measures
the
movements of animals had been disregarded.

those outbreaks
the
and

revealed that
of

obligation

recording

(1) 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).

(2) OJ L 174, 2.7.1997, p. 1.

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(4) Commission Decision 2001/327/EC (1), as last amended
by Decision 2002/242/EC (2) 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.

(5) The use of staging points may represent an animal health
in particular where the points are not operated
risk,
view.
from an animal health point of
properly
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
another
consignment is admitted.

allowed before

should be

(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 (3),
they should be adopted by use of
regulatory
procedure provided for
in Article 17 of Directive
91/628/EEC.

the

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

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

same

(i) originate from the same holding of origin or
approved assembly centre
as
to in Article 2 of Directive
in Article 2 of Directive

the
referred
64/432/EEC or
91/68/EEC or;

(ii) are

part
consignment and;

of

to

the

same

imported

requirements

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

to animals

(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)

competent

authority within
to notify to the
the
24 hours after departure of a consignment
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
least
three years;’

the competent authority for at

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

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

accordingly,

‘Article 6a

(1) OJ L 115, 25.4.2001, p. 12.
(2) OJ L 82, 26.3.2002, p. 18.
(3) OJ L 184, 17.7.1999, p. 23.

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.

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Article 6b

The Member States shall lay down the rules on penalties
applicable to infringements of the provisions of this Regu-
lation 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.’

(b) have

started the

cleaning and disinfection
operations at
the
departure of the animals previously held there;

the latest 24 hours after

(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

4. Annex I is amended as follows:

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

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

‘4. Before accepting animals, staging points shall:

It shall apply from 1 January 2003.

(a) be

cleared of animals as provided for

in

Article 4(2);

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