Council Regulation (EC) No 1040/2003 of 11 June 2003 amending Regulation (EC) No 1255/97 as regards the use of staging points
Date: 2003-06-11
Institutions: Council of the European Union
Subjects: animal welfare, disease prevention, health control, transport of animals

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Official Journal of the European Union

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COUNCIL REGULATION (EC) No 1040/2003

of 11 June 2003

amending Regulation (EC) No 1255/97 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/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) thereof,

Having regard to the proposal from the Commission (2),

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

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.

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 (3), provides for health measures
in order to prevent the possible transmission of diseases.
It also lays down an obligation of recording the move-
ments of animals.

Certain outbreaks of foot and mouth disease declared in
the Community in 2001 were linked with the commin-
gling of animals at a staging point. The investigation of
those outbreaks revealed that the health measures and
the obligation to record the movements of animals had
been disregarded.

Commission Decision 2001/327/EC (4),
temporarily
suspended the use of staging points to prevent
the
possible extension of the epidemic of foot and mouth
disease within the Community. This measure being
it is necessary to replace it by
temporary in nature,
appropriate permanent measures.

The use of staging points may represent an animal
health risk, in particular where the points are not oper-
ated properly from an animal health point of view.
Consequently the animal health rules applicable to
staging points should be reinforced in particular in rela-
tion to cleansing and disinfection.

In the light of the experience gained it appears also
necessary to provide that staging points be transited only
by animals complying with the Community health
requirements for the species for which the staging point

(1) OJ L 340, 11.12.1991, p. 17. Directive as last amended by Regula-

tion (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2) OJ C 291, 26.11.2002, p. 179.
(3) OJ L 174, 2.7.1997, p. 1.
(4) OJ L 115, 25.4.2001, p. 12. Decision as last amended by Decision

2002/1004/EC (OJ L 349, 24.12.2002, p. 108).

(7)

(8)

(9)

is approved and which after
the completion of a
compulsory residence on a single holding have transited
only through a single approved assembly centre.

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.

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 provi-
sions in Regulation (EC) No 1255/97 may be adapted to
take account of
the
Community.

the animal health situation of

The measures necessary for the implementation of Regu-
lation (EC) No 1255/97 should be adopted in accordance
with Council Decision 1999/468/EC of 28 June 1999
laying down the procedures for the exercise of imple-
menting powers conferred on the Commission (5).

(10)

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

(11)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

1. Article 3(3) shall be replaced by the following:

The competent authority shall

issue an approval
‘3.
number to each staging point. Such approval may be limited
to a particular species or to certain categories of animal and
health status.

(5) OJ L 184, 17.7.1999, p. 23.

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Member States shall notify the Commission of the list of
approved staging points and any updates.

(c) they belong to the category of animals for which the

staging point is approved.

the
Member states shall also notify the Commission of
detailed arrangements in application of the provisions in
Article 4(2), in particular the period of use as staging points
and the double purpose of approved premises. The Commis-
sion shall present this information to Member States in the
framework of the Standing Committee on the Food Chain
and Animal Health.’

2. Article 4 shall be replaced by the following:

(*) OJ L 208, 19.8.1993, p. 34.’

3. Article 5 shall be amended as follows:

(a) point (b) is deleted;

(b) point (h) shall be replaced by the following:

‘(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
store it and to hold it at the disposal of the compe-
tent authority for at least three years;’

‘Article 4

4. The following Articles are inserted:

Staging points shall be used exclusively to receive,
rest, accommodate, care for and dispatch

1.
feed, water,
animals passing through.

2.
However, by way of derogation from paragraph 1,
Member States may also approve as staging points the entire
premises of assembly centres as defined in Article 2(o) of
Directive 64/432/EEC and Article 2(b)(3) of Directive 91/
68/EEC 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 staging points.

Animals may be present at the same time at a staging

3.
point only if:

(a) they are of the same certified health status, including
where appropriate, 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 the Community veterinary legislation
listed in Annex A to Directive 90/425/EEC.

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, comply with the requirements of
Article 4b(4) of Directive 91/68/EEC; or

‘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 accordance with 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 Directive 91/628/EEC to penalise any infringement of the
provisions of this Regulation 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 without delay of
any subsequent amendment affecting them.’

5. The following is added to section A of Annex I:

‘5. Before accepting animals, staging points shall:

(a) have started the cleansing and disinfection opera-
tions 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 satis-
faction of the official veterinarian.’

Article 2

into force on the 20th day
This Regulation shall enter
following that of its publication in the Official Journal of the
European Union.

(ii) in the case of bovine and porcine animals destined
to a third country in application of

for export
Article 2(1) of Decision 93/444/EEC; (*)

It shall apply from 1 July 2004.

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

Done at Luxembourg, 11 June 2003.

For the Council

The President

G. DRYS