CELEX: 51996PC0708(01)
Language: en
Date: 1996-12-13
Title: Proposal for a COUNCIL DECISION concerning minimum requirements for certain staging points

COMMISSION OF THE EUROPEAN COMMUNITIES
                                      Brussels, 13.12.1996
                                      COM(96) 708 final
                      Proposal for a
                  COUNCIL DECISION
concerning minimum requirements for certain staging points
                       Proposal for a
                  COUNCIL DECISION
       amending the Annex of Directive 91/628/EEC,
                 concerning the routeplan
              (presented by the Commission)
 ---pagebreak---  ---pagebreak---                             EXPLANATORY MEMORANDUM
Community rules on the protection of animals during transport are contained in Council
Directive 91/628/EEC1, on the protection of animals during transport.
Article 13 (2) requires that the Council shall establish, before 30 June 1996, Community
criteria to be met by staging points with regard to the reception structure, feeding, watering,
loading, unloading and where necessary housing of certain types of animals as well as the
health requirements applicable to such staging points, which have been taken into account.
Subsequently it is necessary to amend the routeplan as laid down in Chapter VIII of the
Annex of Directive 91/628/EEC. The amendment provides for the effective enforcement of
the rules concerning staging points.
The transport of animals (inclusive the requirements for staging points used for
accommodating livestock) is an exclusive Community competence. The proposed Council
Decisions, which are applicatory rules of the basic Directive on the protection of animals
during transport, are the simplest means of achieving the desired objective.
The Scientific Veterinary Committee has recommended certain minimum standards for these
staging points which have been taken into account.
                O.J. No. L 340, 11.12.1991, p. 17. Directive last
                amended by Directive 95/29/EC (O.J. No. L 148,
                30.06.1995, p. 52)
                                             I
 ---pagebreak---                                 Proposal for a Council Decision
                                               of
                concerning minimum requirements for certain staging points
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Directive 91/628/EEC of 19 November 1991 on the protection of
animals during transport1, and in particular Article 13(2) and Article 14 thereof,
Having regard to the proposal from the Commission2,
Whereas Council Directive 91/628/EEC lays down for the further protection of the welfare
of certain categories of transported animals requirements concerning maximum journey times
after which the animals shall be unloaded 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 European Union to be
met by staging points so as to ensure the optimum welfare conditions for the animals passing
through them and also to provide for certain incidental animal health matters;
                O.J. No. L 340 11.12.1991, p.                     17 Directive         last
                amended by Directive                 95/29/EC       (OJ No. L         148,
                30.06.1996, p. 52)
                O.J. No
                                               3
 ---pagebreak--- Whereas in order to facilitate the control of the operation of staging points and the vehicles
and animals passing through them, it is necessary to provide for the keeping of records and
certain other administrative matters;
Whereas it is important to establish as a first step the rules for staging points accommodating
domestic solipeds and domestic animals of the bovine, 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 DECISION:
                                            Article 1
1.      This Decision shall apply only to staging points accommodating domestic solipeds,
        and domestic animals of the bovine, ovine, caprine and porcine species in the
        European Community.
2.      The staging points referred to in Paragraph 1 shall comply with the minimum
        requirements laid down in the Annex to this Decision.
                                            Article 2
 1.     Staging points shall be approved by the competent authority of the Member State in
        whose territory they are situated.
2.      Member States shall submit to the Commission and to other Member States by 1
        January each year commencing on 1 January 1998 the list of approved staging points
        in their territories the approval number attributed to each point and adequate
        information on the species or categories of animals each post is authorised to
        accommodate.      Member States shall communicate without delay details of any
        additions, or modifications to, or suspensions or deletions from such lists.
                                                ^
 ---pagebreak--- 3. Where a staging point fails to comply with the requirements of this Decision, the
   Member State in which it is situated shall take the measures necessary to remedy any
   shortcomings noted,and which may include, in particular, suspension or withdrawal of
   the approval of the staging point in question.
                                       Article 3
1. The person in charge of the staging point shall ensure that part II of the routeplan
   referred to in Chapter VIII of Directive 91/628/EEC is completed, signed and stamped
   in respect of each consignment of animals passing through a staging point.
2. The person in charge of the staging point shall record the particulars of all
   consignments of animals passing through the staging point, in accordance with the
   Annex.
3. For the purposes of control by the competent authority, the person in charge of each
   staging point shall ensure that the records referred to in paragraph 2 are kept on the
   premises for a period fixed by the competent authority, which shall be not less than
   two years. The person in charge of the staging point shall ensure the records are made
   available to the competent authority on request.
4. The routeplan shall be returned to the driver or other representatives of the transporter
   who is accompanying the consignment, immediately after a veterinarian authorised
   by the competent authority      has indicated on the routeplan that the animals are fit
   to continue the proposed journey.
5. As soon as possible after arrival of the animals at their destination, the driver or other
   representative of the transporter shall complete the destination column of part II and
   part III of the routeplan. The transporter shall return the completed routeplan to the
   competent authority of the place where the transport originated within           15 days.
    Member States shall take all necessary action to ensure that transporters systematically
    comply with this requirement.
 ---pagebreak--- 6.    In accordance with the procedure laid down in Article 17, of Directive 91/628/EEC
      the rules for the exchange of messages in the framework of the ANIMO system are
      established, taking into account the presence of staging points.
                                         Article 4
This Decision shall apply from 1 April 1997.
                                         Article 5
This Decision is addressed to the Member States.
Done at Brussels,                           For the Council
 ---pagebreak---                                            ANNEX
                  MINIMUM REQUIREMENTS FOR STAGING POINTS
Staging points shall comply with the following requirements:
A.     Disease Control
       1.      Staging points shall operate      in   full compliance with         all Community
              legislation relating to the keeping and movement of animals.
       2.     Every staging point must have suitable equipment for cleaning and disinfecting
              of all buildings, equipment, facilities and vehicles.
              All materials used in the construction and operation of staging points must be
              capable of being properly cleansed and disinfected.
       3.     The person in charge of the staging point shall provide clean boots/footwear
              and protective clothes which shall be kept exclusively for use of any persons
              entering the staging point.
       4.     Only animals of the same certified health status shall be present at any time
              unless the staging point is so constructed as to allow complete separation of
              animals not similarly certified.
       5.     Bedding material shall be removed when a consignment of animals is moved
               from an enclosure and after suitable cleaning and disinfection replaced by fresh
               bedding when the enclosure is to be occupied by a new consignment of
               animals.
       6.      After removal of each consignment of animals and before arrival of a new
               consignment, the parts of the staging points to be occupied by that consignment
               or through which the animals have, or are to pass, shall be cleansed and disinfected.
                                               7
 ---pagebreak---    7.     Staging points must be completely depopulated of animals for a period of 24
          hours at least once every seven days, and disinfected before the arrival of any
          new consignment.      A record of this process must be maintained on the
          premises and retained for a period not less than two years.
B. Construction and facilities
   1.     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 non-slip flooring and, if
          necessary, be provided with lateral protection. Bridges, ramps and gangways
          must befittedwith 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 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.
          As from 1 July 1999 all staging points shall be equipped with a sufficient
          number of permanent 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 20° during loading and unloading. After that date, ramps on lorries
          shall not in any case be used at that staging point with an incline exceeding
          20°.
   2.      Lairages, including all stables, pens and enclosures used for accommodating
           animals at staging points shall:
                   have floors which minimize the risk of slipping and do not cause injury
                   to animals in contact with them,
                                         2
 ---pagebreak---           have a roof and adequate side protection to protect the animals from
          adverse weather conditions,
          have suitable facilities, maintained in good working order and easy to
          clean and disinfect for holding, inspecting, examining where necessary,
          feeding and watering the animals and storage of feeding stuffs, with
          adequate holding capacity, ventilation and drainage for the type and
          number of animals accommodated,
          have natural or artificial lighting at a level sufficient to permit
          inspection of all animals at any time. If necessary adequate backup
          lighting must be available,
          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
          unnecessary suffering to the animals and permits them to feed, drink or
          lie down without difficulty,
          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.
          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 accommodation
   of animals which are diseased, injured or in need of individual attention.
4. At staging points there shall be adequate facilities for all persons having
   business on the premises, including changing rooms, toilets, washbasins,
   showers and equipment for cleaning and disinfecting boots and other protective
 ---pagebreak---           clothing.
   5.     Staging points shall have appropriate arrangements for the disposal of waste
          material and dead animals.
C. Operations
   1.     Staging points shall only be used for the purpose of receiving, feeding,
          watering, resting, caring for and dispatching animals in transit.
   2.     The person in charge of the staging point shall take the necessary action to
          ensure that all those handling animals at the staging point are properly
          supervised at all times.
   3.     Every staging point shall be under the supervision of an official veterinarian,
          and shall have sufficient suitably trained staff to handle and care for the
          animals which are to be accommodated.
          The official veterinarian shall make supervisory visits to the staging point at
          frequent intervals, and in any case at least once a week, so as to ensure that the
          animal handling procedures and other requirements of the present Decision are
          fully respected.
          Member States shall ensure that the staff of the staging point shall receive
          specific training, either within the undertaking or from a training body, or have
          equivalent practical experience qualifying them to handle and administer
          appropriate care to animals.
   4.     Animals shall be unloaded without delay after arrival. If delay is unavoidable
          they shall be protected from extremes of weather and provided with adequate
          ventilation.
 ---pagebreak--- 5.   During loading and unloading, care must be taken not to frighten, excite or
     mistreat the animals, and to ensure that they are not overturned. Animals must
     not be lifted or 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.
6.   Animals must be moved with care. Mobile passageways must be arranged so
     as to exploit the gregarious tendencies of animals. 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, and provided that the shocks last no more than two seconds, are
     adequately spaced out 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.
7.   Animals must not be struck on, 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. Blows and
     kicks must not be inflicted.
8.   Persons handling animals of the staging point must not use or have possession
     of prods or batons or other implements with pointed ends or of such
     dimensions or weight or made of such material which could when applied to
     the body of an animal cause it injury or unnecessary suffering.
9.    If animals arrive which have been subjected to high temperatures in humid
      weather they must be cooled by appropriate means as soon as possible.
 10.  Subject to the other requirements of these rules, animals at staging points
      should be kept in the same groups in which they arrived, if mixing is likely to
      cause fighting and aggression.
                                          11
 ---pagebreak--- 11. The feeding and watering of animals shall be undertaken in such a way that it
    is ensured that every animal accommodated at the staging point receives
    sufficient clean water and sufficient and appropriate feedingstuffs to satisfy its
    bodily needs during its stay and for the expected duration of its journey to the
    next feeding point. Staging points may only receive animals with special
    feedingstuff needs such as young calves needing a liquid feedingstuff if it is
    properly equipped and staffed to satisfy the special needs of these animals.
12. All necessary emergency veterinary treatment for the animals at staging points
    shall be provided at the cost of the transporter.
13. Persons in charge of staging points shall make provision when necessary for
    emergency slaughter of injured or diseased animals whose condition cannot be
    ameliorated by veterinary treatment, in accordance with the. provisions of
    Directive 93/119/EC on the protection of animals at the time of slaughter or
    killing3.
14. A written record of injuries, disease or other welfare problem revealed by
    inspections or veterinary examinations shall be made and shall be kept at the
    staging point, for inspection, by the competent authority for at least 2 years.
15. The condition and state of the animals shall be inspected by a competent staff
    member of the staging point on their arrival at the staging point, at least once
    every 12 hours during their stay at the staging point and immediately before
    their departure. That person shall without delay take appropriate action where
     an animal is suspected or found to be ill injured or diseased, or is considered
     to be unfit for onward transport.
16.  For the purposes of control by the competent authority, the operators of a
     staging point shall keep for at least two years written or computer based
     O.J.     No. L 340,     31.12.1993,       p.    21
                                      il
 ---pagebreak--- records of the following:
i)     date and time and particulars of animals arriving at the staging point
       including the references of the route plans and animal health certificate
       number(s) relating to each consignment;
ii)    date and time of completion of unloading and commencement of
       reloading of animals;
iii)   date and time animals are offered water and particularly whether in
       restricted or unrestricted quantities;
iv)    date and time animals are offered feedingstuffs, particulars of such
       feeding stuffs and total quantity allowed for each lot of animals;
v)     particulars of animals discovered dead at point of unloading at the
       staging point or which die during their stay;
vi)    particulars of animals which are discovered to be seriously injured at
       the point of unloading or are considered to be unfit for further travel;
vii)   any necessary remarks concerning the health or welfare state of the
       animals;
viii)  names and addresses of transport operators and drivers and registration
       number of vehicles transporting particular consignments to and from
        staging points;
ix)     invoices issued to transporters using the services of the staging point.
                                 12»
 ---pagebreak---                                Proposal for a Council Decision
                                              of
                        amending the annex of Directive 91/628/EEC,
                                   concerning the routeplan
THE COUNCIL OF THE EUROPEAN UNION
Having regard to Council Directive 91/628/EEC of 19 November 1991 on the protection of
animals during transport4, and in particular Article 14 thereof,
Having regard to the proposal from the Commission5,
Whereas the Council has adopted Decision 96/        /EC, concerning minimum requirements
                          6
for certain staging points ;
Whereas to facilitate the effective enforcement of the rules concerning staging points, it is
necessary to amend the routeplan laid down in the Annex to Directive 90/628/EEC.
                O.J. No. L 340 11.12.1991, p.                     17 Directive        last
                amended by Directive 95/29/EC                      (OJ No. L          148,
                30.06.1996, p. 52).
                O.J. No. C
        6       O.J. No. L
                                                   OH
 ---pagebreak--- HAS ADOPTED THIS DECISION
                                        Article 1
In the Annex of Directive 91/628/EEC, Chapter VIII is replaced by the Annex of the present
Decision.
                                        Article 2 *
This Decision shall apply from 1 April 1997.
                                        Article 3
This Decision is addressed to the Member States.
Done at Brussels,                                        For the Council
                                           15
 ---pagebreak---                                                                                        ANNEX
                                                                                    Chapter VIII
                                                                                      Routeplan
                                                                                        Part I
TRANSPORTER                                                                       MEANS OF TRANSPORT
(NAME, ADDRESS, BUSINESS NAME)
SIGNATURE OF TRANSPORTER                                                          NO. OF REGISTRATION OR IDENTIFICATION
                                                                                                                              (1)
ANIMAL SPECIES                                                                    ITIN1ARY:
NUMBER
PLACE OF DEPARTURE                                                                ESTIMATED JOURNEY TIME:
PLACE AND COUNTRY OF DESTINATION
                                        (1)                                                                                  (1)
NO(S) OF HEALTH CERTIFICATES OR ACCOMPANYING DOCUMENT                                                                   STAMP
(2)
                                                                                  OF VETERINARIAN OF THE PLACE                  OF THE COMPETENT AUTHORITY
                                                                                  OF DEPARTURE                                  OF THE POINT OF EXIT OR
                                                                                                      (2)                        AUTHORIZED CROSSING POINT
                                                                                                                                              (4)
DATE AND TIME OF DEPARTURE                                                        NAME OF THE PERSON IN CHARGE OF THE TRANSPORT DURING THE
                                                                                  JOURNEY
STOPPING OR TRANSFER POINT:                                                                                                 (3)
PLACE AND ADDRESS                            DATE AND TIME                        LENGTH OF THE STOP                             REASON
(a)
(b)
(c)
(d)
(e)
(0
(1) To be completed by the transporter before departure                           Date and time of arrival
(:) To be completed by the appropriate veterinarian
(') lo be completed by the transporter au ring me journey
                                                                                   Signature of the person in charge during the journey.
(4) To be completed by the competent au thority at the point o exit or authorized
 crossing point
                                                                                         /It
 ---pagebreak---                                                                             Part H
                         Information to be provided during the journey concerning use of staging points and arrival at destination
               1                                   2.                3.                         4.                                      5.
  Particulars of Staging points               Unloading         Reloading               Remarks concerning                    Stamp and signature of person
  used during the journey and                 completed         Started                 veterinary welfare or                 authorised by competent
  destination                                                                           other matters (see note 1             authority (see note2)
                                                                                        )
  Staging Point 1                             Date              Date
  Name
  Address
  Approval number
  Tel. No.
  Fax No.                                     Time              Time
  Staging Point 2                             Date
  Name
  Address
  Approval number
  Tel. No.
  Fax No.                                     Time
  Staging Point 3                             Date
  Name
   Address
   Approval number
                                                              V
  Tel. No.
   Fax No.                                    Time
                                              Date                                                                             Signature/stamp of
   Place of destination                                                                                                       representative of transporter
  Name:
   Address of destination
   Tel No.
   Fax No.
   EC approval No.
   where applicable                           Time
Note (1) Column 4      Any relevant information as to veterinary or welfare condition of the animals and explanation for any
                       discrepancies between description of animals or vehicle arriving at or leaving staging point and description
                       in the route plan should be referred to here (To be completed by the person authorised by the competent
                       authority, a veterinary surgeon or the responsible person of the staging points);
Note (2) Column 5      The competent authority or person authorised by it will only complete this column if the animals have been
                       rested, fed and watered in accordance with the applicable European Union legislation and are fit to continue
                       the proposed journey.
                                                                            Part III
To     be   completed        and    signedl     after    the journey by the transporter                  or   its    representative      and     returned     to
                                    (competent authority of place where journey originated).
The journey took place as indicated in Part I
                                                                               or
the following     differences   between    the  part  1 plan    and    the journey   which   actually  took    place   occurred   for  the   reasons   indicated
below.
Dated
Name of transporter
Signed(l)                                                        ;
 Full name and position of person signing and registration number of vehicle concerned
                                                                                   /!>
 ---pagebreak--- The transporter or the person signing this document must ensure the accuracy of the information supplied. Failure to do so
may have serious legal consequences.
                                                             1&
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 708 final
                                              DOCUMENTS
EN                                                                           03
                                    Catalogue number : CB-CO-96-718-EN-C
                                                             ISBN 92-78-13903-3
Office for Official Publications of the European Communities
L-2985 Luxembourg
 ---documentbreak---                    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     Brussels, 20.12.1996
                                                     COM(96) 708 final/2
CORRIGENDUM
la page ci-joint annule et remplace
la page correspondante du Document
COM(96) 708 final du 13.12.1996
(concerne version EN)
                                      Proposal for a
                                  COUNCIL DECISION
              concerning minimum requirements for certain staging points
                                      Proposal for a
                                  COUNCIL DECISION
                     amending the Annex of Directive 91/628/EEC,
                                 concerning the routeplan
                              (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                                                                    Part II
                          Information to be provided during the journey concerning use of staging points and arrival at destination
                            (to be completed only for the journeys or parts of journeys within the territory of the European Union)
Particulars of Staging points used          Unloading          Reloading                  Remarks concerning welfare or        Stamp and signature of veterinarian
during the journey and destination          completed          Started                   other matters (sec note 1 )           authorised by competent authority (sec
                                                                                                                               note2)
Staging Point 1                              Date              Date
Name
Address
 Approval number
Tel. No.
 Fax No.                                     Time              Time
 Staging Point 2                             Date
 Name
 Address
 Approval number
 Tel. No.
  Fax No.                                     Time
  Staging Point 3                             Date
  Name
  Address
  Approval number
  Tel. No.
   Fa.x No.                                    Time
                                               Date                                                                              Signature/stamp of representative of
   Place of destination                                                                                                          transporter
   Name:
   Address of destination
   Tel No.
    Fax No.
    EC approval No.
    where applicable                            Time
Note (1) Column 4       Any relc-ant information as to health or welfare condition of the animals and explanation for any discrepancies between description of animals or
                        vehicle arriving at or leaving staging point and description in the route plan should be referred to here (To be completed by the veterinarian authorised
                        by the competent authority, or other veterinary surgeon or the responsible person of the staging points);
 Note (2) Column 5 "The veterinarian authorised by the competent authority will only complete this column if the animals have been rested, fed and watered in accordance
                        with the applicable European Union legislation and are fit to continue the proposed journey.
                                                                                       Part III
 To be completed and signed1 after the journey by the transporter or its representative and returned to                                       (competent authority of place where
 journey originated or where the journey originated in a third country the Member State which has granted the transporter the autliorisation for the purposes of Directive
  91 628/EEC).
  The journey took place as indicated in Part 1
                                                                                           or
  the following differences between the part 1 plan and the journey which actually took place occurred for the reasons indicated below.
   Dated
   Name of transporter
   Signed(l)
   Full name and position of person signing ana1 registration number of vehicle concerned
          The transporter or the person signing this document must ensure the accuracy of the information supplied. Failure to do so may have serious legal consequences.
                                                                                          W
 ---pagebreak---                                                                   ISSN 0254-1475
                                                       COM(96) 708/2 final
                                             DOCUMENTS
EN                                                                            03
                                    Catalogue number : CB-CO-96-734-EN-C
                                                             ISBN 92-78-14144-5
Office for Official Publications of the European Communities
L-2985 Luxembourg