Control posts are places where animals are rested for at least 12 hours or more pursuant to point 1.5. or 1.7(b) of Chapter V of Annex I to Regulation (EC) 1/2005(2).
Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for control posts and amending the route plan referred to in the Annex to Directive 91/628/EEC
Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for control posts 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 Directives 90/425/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 do wn, in order to improve the welfare of certain categories of transported animals, requirements concerning maximum journey times after which the animals are to 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 control posts;
Whereas it is necessary to lay down criteria applicable throughout the Community to be met by control posts so as to ensure the optimum welfare conditions for the animals passing through them and also to provide for certain incidental animal health matters;
Whereas, in order to facilitate the control of the operation of control posts and the vehicles and animals passing through them, it is necessary to provide for the keeping of records and certain other administrative 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 Member States may, in compliance with the general rules of the Treaty, charge such 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 Directive 91/628/EEC should be adjusted to the new provisions;
Whereas it is important to establish as a first step the rules for control posts 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 control posts, which have been taken into account,
HAS ADOPTED THIS REGULATION:
Article 1
1.
2.
The control posts 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/EEC shall apply as necessary.
Article 3
1.
The competent authority shall approve and issue an approval number to each control post. 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 control posts and any updates.
Member States shall also notify the Commission of the detailed arrangements in application of the provisions in Article 4(2), in particular the period of use as control posts and the double purpose of approved premises.
2.
Control posts shall be listed by the Commission in accordance with the procedure referred to in Article 31(2) of Regulation (EC) No 1/2005 upon a proposal of the competent authority of the Member State concerned.
3.
Member States may only propose control posts for listing once the competent authority has checked that it complies with the relevant requirements and approved it. For the purpose of such approval, the competent authority as defined in Article 2(6) of Directive 90/425/EEC shall ensure that control posts fulfil all the requirements in Annex I to this Regulation; in addition, such control posts shall:
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be located in an area which is not subject to prohibition or restrictions in accordance with relevant Community legislation;
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be under the control of an official veterinarian who shall ensure, inter alia, compliance with the provisions of this Regulation;
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operate in compliance with all the relevant Community rules regarding animal health, the movement of animals and the protection of animals at the time of slaughter;
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undergo regular inspection, at least twice a year, to ascertain that the requirements for approval continue to be fulfilled.
4.
A Member State must, in serious cases, particularly on animal health or welfare grounds, suspend the use of a control post situated in its territory. It shall inform the Commission and the other Member States of such suspension and of its reasons. The suspension of the use of the control post may only be lifted after notification to the Commission and the other Member States on its reasons.
5.
The Commission, in accordance with the procedure referred to in Article 31(2) of Regulation (EC) No 1/2005, may suspend the use of a control post or withdraw it from the list, if on-the-spot checks carried out by the experts of the Commission as referred to in Article 28 of that Regulation indicate non-compliance with the relevant Community legislation.
Article 4
1.
Control posts 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 control posts 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 control posts.
3.
Animals may be present at the same time at a control post only if:
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they are of the same certified health status, including where appropriate, any additional guarantee granted in accordance with Community legislation; and
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their health status is certified;
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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
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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;(3)
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they belong to the category of animals for which the control post is approved.
4.
The competent authority of the place of departure shall notify the movement of animals passing through control posts through the information exchange system referred to in Article 20 of Directive 90/425/EEC.