STAGING POINTS REGULATIONS

SUBSIDIARY LEGISLATION 439.04

STAGING POINTS REGULATIONS

30th September, 2003

LEGAL NOTICE 261 of 2003, as amended by Legal Notice 426 of 2007.

(1) The title of these regulations is the Staging Points

Regulations. 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.

Criteria for staging points

A.

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.

B.

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;

(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

STAGING POINTS

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) 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.

(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.

(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. 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.

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

feed, water, rest, accommodate, care for and dispatch animals

passing through.

(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.

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, 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 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.

(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 91/628/EEC.

(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 eleven thousand and six hundred and

forty-six euro and eighty-seven cents (11,646.87) and not more

than thirty-four thousand and nine hundred and forty euro and sixty

cents (34,940.60).

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

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.

STAGING POINTS