Staging Points Regulations, 2003.

L.N. 261 of 2003

ANIMAL WELFARE ACT

ACT NO. XXV OF 2001

Staging Points Regulations, 2003.

IN exercise of the powers conferred by article 22 of the Animal Welfare Act, 2001,

the Minister for Rural Affairs and the Environment has made the following

regulations:-

Title and scope.

(1) The title of these regulations is the Staging Points Regulations, 2003.

These regulations shall apply only to staging points accommodating for at least 24

hours domestic solipeds and domestic animals of the bovine, ovine, caprine and

porcine species in the territory of Malta in accordance with Chapter VII of the Annex

to European Union Council Directive 91/628/EEC and without prejudice to

European Union Council Directives 64/432/EEC, 80/213/EEC, 85/511/EEC,

89/608/EEC, 90/425/EEC, 90/426/EEC, 91/68/EEC, 91/496/EEC, 92/102/EEC, and

93/119/EEC.

(2) The staging points referred to in sub-regulation (1) shall comply with the

veterinary criteria laid down in these regulations.

(3) The scope of these regulations is to implement the provisions found under

European Union Council Regulation 1255/97/EC, concerning criteria for staging

points.

Definitions.

Criteria for staging points

HEALTH AND HYGIENE MEASURES

1. Every staging point must –

(a) have suitable equipment for cleansing and disinfecting all buildings,

equipment, facilities and vehicles;

(b) be built from materials that can easily be properly cleansed and disinfected;

(c) be cleansed and disinfected before and after each use, as required by the official

veterinarian.

2. The person in charge of the staging point shall provide clean equipment and protective

clothes which shall be kept exclusively for the use of any persons entering the staging point,

and make available suitable equipment for cleansing and disinfecting the above items.

3. Bedding material shall be removed when a consignment of animals is moved from an

enclosure and, after the cleansing and disinfecting operations provided for in point A.1(c) of

this Schedule, shall be replaced by fresh bedding.

4. Staging points shall be completely cleared of animals for a period of at least 24 hours after

a maximum of 6 days' use and after cleansing and disinfecting operations have been carried

out and prior to the arrival of any new consignment.

CONSTRUCTION AND FACILITIES

1. In addition to the provisions of Chapter I point A.4 of the Annex to European Union

Council Directive 91/628/EEC applying to means of transport for loading and unloading

animals, 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 a non-slip floor covering and, if necessary, be provided

with lateral protection. Bridges, ramps and gangways must be fitted with 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 have floor coverings,

which minimise the risk of slipping and 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. All staging points shall

be permanently equipped with a sufficient number of permanent or movable 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.

2. All facilities used for accommodating animals at staging points shall –

(a) have floor coverings which minimise the risk of slipping and do not cause injury

to animals;

(b) have roofs and adequate side protection to protect the animals from adverse

weather conditions;

B

(c) have suitable facilities for holding, inspecting, examining where necessary,

feeding and watering the animals and storing feedingstuffs;

(d) taking holding capacity into account, have adequate ventilation and drainage for

the species of animal accommodated;

(e) have natural or artificial lighting at a level sufficient to permit inspection of all

animals at any time. If necessary, adequate backup lighting should be available;

(f) 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 suffering to the animals

and permits them to feed, drink or lie down without difficulty;

(g) have in relation to the species concerned, sufficient space for the animals to lie

down at the same time and make their way easily to their drinking and feeding

points;

(h) 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;

(i) 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. Staging points shall have suitable facilities for all persons having business on and using

the premises.

5. Staging points shall have appropriate arrangements for the storage and disposal of waste

material and for the storage of dead animals, pending their removal and destruction in

accordance with European Union Council Directive 90/667/EEC.

OPERATIONS

1. Animals shall be unloaded without delay after arrival. If delay is unavoidable, however,

taking account of weather conditions and waiting periods, the animals should be

guaranteed the best possible welfare conditions.

2. During loading and unloading, care must be taken not to frighten, excite or mistreat the

animals, and to ensure that they are not knocked over. Animals must be neither lifted nor

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.

3. For the movement of animals throughout the facilities –

(a) mobile passageways must be arranged so as to exploit the gregarious

tendencies of animals;

(b) 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, on condition that the shocks last no more than two seconds, are

adequately spaced 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;

(c) animals must not be struck, 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. Animals must not be punched or

kicked;

(d) persons handling animals at the staging point must not have possession of or use

prods or other implements with pointed ends. Sticks or other implements intended

for guiding animals may be used provided they can be applied to the body of an

animal without causing it injury or unnecessary suffering.

4. Animals which arrive after having been subjected to high temperatures in humid weather

must be cooled by appropriate means as soon as possible.

5. The feeding and watering of animals shall be carried out in such a way as to ensure that

every animal accommodated at the staging point can have at least sufficient clean water and

sufficient and appropriate feed to satisfy its bodily needs during its stay and for the expected

duration of its journey to the next feeding point. Staging points may not receive animals with

special feeding needs, such as young calves needing liquid feed, unless they are properly

equipped and staffed to satisfy those needs.

6. The condition and state of the animals shall be inspected by a staff member of the staging

point on their arrival at the staging point and at least once every 12 hours during their stay at

the staging point.

7. The record referred to in regulation 5(h) of these regulations shall contain the following

information -

(a) date and time of completion of unloading and commencement of reloading of

each consignment;

(b) date and duration of the depopulation for health reasons provided for in point

A.4 of this Schedule;

(c) animal health certificate number(s) relating to each consignment;

(d) any necessary remarks concerning the health or welfare condition of the animals

and especially –

(i) the particulars and number of animals discovered dead at the point of

unloading at the staging point or which die during their stay;

(ii) the particulars and number of animals which are discovered to be

seriously injured at the point of unloading or during their stay, or are

considered to be unfit for further travel;

(e) the names and addresses of the transporter and drivers and the registration

numbers of the vehicles.

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(1) For the purposes of these regulations, the definitions in article 2 of

European Union Council Directives 64/432/EEC, 90/425/EEC, 91/496/EEC and

91/628/EEC shall apply as necessary.

(2) Furthermore “trading partner” shall have the same meaning as provided in

article 2 of the Veterinary Services Act and shall include member States of the

European Union.

Approval of staging points.

(1) In the territory of Malta staging points are approved by the Veterinary

Services.

(2) For the purpose of such approval, the Veterinary Services shall

ensure that staging points fulfil all the requirements found in the Schedule to these

regulations. In addition, such staging points shall -

(a) be located in an area which is not subject to prohibition or

restrictions in accordance with relevant veterinary legislation;

(b) be under the control of an official veterinarian who shall ensure,

inter alia, compliance with the provisions of these regulations;

(c) operate in compliance with all the relevant veterinary rules

regarding animal health, the movement of animals and the protection

of animals at the time of slaughter;

(d) undergo regular inspection to ascertain that the requirements for

approval continue to be fulfilled.

(3) The Veterinary Services shall issue an approval number to each staging

point. Such approval may be limited to a particular species or to certain categories of

animal and health status. The Veterinary Services shall notify the European

Commission of the list of approved staging points and any up-dates.

(4) The Veterinary Services may withdraw or suspend approval in the event

of failure to comply with this regulation or other relevant provisions of these

regulations, in the event of a change in the health status of the area in which the

staging point is located, or in the event of breach of the rules on animal welfare.

Approval may be restored when the Veterinary Services is satisfied that the staging

point is once more in compliance with all the provisions of these regulations.

Use of staging points.

(1) Staging points shall be used exclusively to receive, feed, water, rest,

accommodate, care for and dispatch animals passing through.

B

(2) However, by way of derogation from sub-regulation (1), Veterinary

Services may also approve as staging points assembly centres, as defined in article

2(2)(o) of European Union Council Directive 64/432/EEC provided that they comply

with the following when used as staging points –

(a) they satisfy the relevant requirements of article 11 of European

Union Council Directive 64/432/EEC and the requirements of these

regulations;

(b) the use of such facilities is exclusively reserved for this purpose

during the period concerned;

(c) they are not used for the purchase or sale of animals covered by

these regulations.

(3) Only animals of the same certified health status belonging to the species

concerned and for which the staging points are approved may be present at the same

time at stating points in order not to jeopardise the animals' health status.

Responsibility and obligations of persons responsible for staging points.

The owner or any natural or legal person running a staging point shall be

responsible for compliance with the relevant provisions of these regulations and, to

that end, shall be obliged -

(a) to admit only those animals which have been certified or identified

in accordance with the relevant veterinary legislation, with particular

reference to the provisions referred to in regulation 3(3). For this

purpose, he shall check or have others check the health or other

accompanying documents belonging to the species or categories

concerned and randomly check any identification marks on the

animals;

(b) to ensure that, without prejudice to the provisions of point B.3 of

the Schedule to these regulations, animals at staging points are kept in

the same groups in which they were originally dispatched and that

each consignment of animals is accommodated in entirely separate

facilities, managed in accordance with the official veterinarian's

requirements, in order to avoid any contact that might jeopardise the

animals' health status;

(c) to ensure that the animals staying at staging points are fed and

watered at the right time according to the species involved and to

provide for this purpose appropriate quantities of feeding stuffs and

liquids;

(d) to care for the animals staying at staging points and, where

required, take all necessary steps to guarantee their welfare and

compliance with animal-health requirements;

(e) to call a veterinarian should the need arise –

(i)

to give the appropriate treatment to animals that

become sick or injured while under his responsibility;

and

(ii)

where necessary, to have such animals slaughtered,

killed or put down in accordance with European Union

Council Directive 93/119/EEC;

(f) to use staff who possess the appropriate ability, knowledge and

professional competence and have for that purpose received specific

training either within the undertaking or from a training body or have

equivalent practical experience qualifying them to handle and, if

necessary, administer appropriate care to the animals concerned;

(g) to take the necessary steps to ensure that all those handling

animals at staging points comply with the relevant animal-welfare

provisions;

(h) to keep a record or database of the information set out in point C.7

of the Schedule to these regulations, to store it and hold it at the

disposal of the Veterinary Services for at least three years;

(i) to inform the Veterinary Services at the earliest opportunity of any

perceived irregularities.

Confirmation of route plan by official veterinarian.

(1) Before the animals leave the staging point, the official veterinarian or

any veterinarian designated for this purpose by the Veterinary Services shall confirm

on the route plan adjusted to that end in accordance with Chapter VIII of the Annex

to European Union Council Directive 91/628/EEC that the animals are fit to continue

their journey. Expenditure incurred as a result of the veterinary check shall be borne

by the operator concerned.

(2) The rules relating to the exchange of messages between authorities to

comply with the requirements of these regulations shall be laid down in accordance

with the procedure laid down in article 6 (3) of European Union Council Directive

Penalty for non-fulfilment of obligations.

(1) Subject to the provisions of these regulations and of the Animal

Welfare Act, a person who infringes any of the provisions arising from these

regulations, shall, on conviction be liable to a fine (multa) of not less than five

thousand Malta Liri and not exceeding fifteen thousand Malta Liri.

(2) Without prejudice to the provisions of sub-regulation (1) of this regulation,

the Court may also order any person who is found guilty of committing an offence

under these regulations, to pay for the expenses incurred by the Veterinary Services as

a result of the said offence, the revocation of the permit issued under these regulations

and the confiscation, retention and disposal of the corpus delicti.