(6)

The European Food Safety Authority (EFSA) has adopted two opinions on the welfare aspects of the main systems of stunning and killing of certain species of animals, namely on the Welfare aspects of the main systems of stunning and killing the main commercial species of animals, in 2004 and on the welfare aspects of the main systems of stunning and killing applied to commercially farmed deer, goats, rabbits, ostriches, ducks, geese and quail, in 2006. Community legislation in this area should be updated to take into account those scientific opinions. Recommendations to phase out the use of carbon dioxide for pigs and poultry , as well as to phase out the use of waterbath stunners for poultry were not included in the proposal because the impact assessment revealed that they were not economically viable at present in the EU. Furthermore other recommendations should not be part of this Regulation because they refer to technical parameters that should be part of implementing measures or codes of good practices. Recommendations on farm fish were not included in the proposal because there was a need for further scientific opinion and economic evaluation in this field.

(6)

The European Food Safety Authority (EFSA) has adopted two opinions on the welfare aspects of the main systems of stunning and killing of certain species of animals, namely on the Welfare aspects of the main systems of stunning and killing the main commercial species of animals, in 2004 and on the welfare aspects of the main systems of stunning and killing applied to commercially farmed deer, goats, rabbits, ostriches, ducks, geese and quail, in 2006. In 2001 the Scientific Committee on Animal Health and Animal Welfare (SCAHAW) adopted a report on The Welfare of Animals Kept for Fur Production which included an analysis of the killing methods used in fur farms. Community legislation in this area should be updated to take into account those scientific opinions. Recommendations to phase out the use of carbon dioxide for pigs and poultry were not included in the proposal because the impact assessment revealed that they were not economically viable at present in the EU. Furthermore other recommendations should not be part of this Regulation because they refer to technical parameters that should be part of implementing measures or codes of good practices. Recommendations on farm fish were not included in the proposal because there was a need for further scientific opinion and economic evaluation in this field.

(15)

The Protocol on protection and welfare of animals also underlines the need to respect the legislative or administrative provisions and customs of the Member States relating, in particular, to religious rites, cultural traditions and regional heritage when formulating and implementing the Community's policies on inter alia agriculture and the internal market. It is therefore appropriate to exclude from the scope of this Regulation cultural events, where compliance with animal welfare requirements would adversely affect the very nature of the event concerned.

(15)

The Protocol on protection and welfare of animals also underlines the need to respect the legislative or administrative provisions and customs of the Member States relating, in particular, to religious rites, cultural traditions or traditions of religious origin and regional heritage when formulating and implementing the Community's policies on inter alia agriculture and the internal market. It is therefore appropriate to exclude from the scope of this Regulation cultural , religious and traditional events, where compliance with animal welfare requirements would adversely affect the very nature of the event concerned.

(16)

In addition, cultural traditions refer to an inherited, established, or customary pattern of thought, action or behaviour which includes in fact the concept of something transmitted by or acquired from a predecessor. They contribute to foster long-standing social links between generations. Provided that those activities do not affect the market of animal products and are not motivated by production purposes , it is appropriate to exclude killings of animals taking place during those events from the scope of this Regulation.

(16)

In addition, cultural traditions or traditions of religious origin refer to an inherited, established, or customary pattern of thought, action or behaviour which includes in fact the concept of something transmitted by or acquired from a predecessor. They contribute to foster long-standing social links between generations. Provided that those activities do not affect the market of animal products, it is appropriate to exclude the slaughter of animals taking place during those events from the scope of this Regulation.

(22a)

The above-mentioned new challenges will inevitably have significant financial implications for Union operators. In order to comply with the rules laid down in this Regulation, adequate EU funding should be made available to offer the financial support required to enable the Union sector to show leadership on animal welfare in the international context.

(24)

Depending on how they are used during the slaughtering or killing process, some stunning methods can lead to death while avoiding pain and minimising distress or suffering for the animals. Consequently, it is not necessary to make a distinction between reversible and non-reversible methods of stunning.

(24)

Depending on how they are used during the slaughtering or killing process, some stunning methods can lead to death while avoiding pain and minimising distress or suffering for the animals.

(32)

Regulation (EC) No 854/2004 provides for a list of establishments from which imports into the Community of specified products of animal origin are permitted. The general requirements and the additional requirements applicable to slaughterhouses laid down in this Regulation should be taken into account for the purposes of that list.

(32)

Regulation (EC) No 854/2004 provides for a list of establishments from which imports into the Community of specified products of animal origin are permitted. The general requirements and the additional requirements applicable to slaughterhouses laid down in this Regulation should be taken into account for the purposes of that list. The Commission should ensure that importation of meat and meat products from third countries destined for the internal market comply with the general rules laid down in this regulation.

(33)

Slaughterhouses and the equipment used therein are designed for particular categories of animals and capacities. Where those capacities are exceeded or the equipment is used for purposes for which it was not designed, it has a negative impact on the welfare of animals. Information on these aspects should therefore be communicated to the competent authorities and should be part of the approval procedure for slaughterhouses.

(33)

Slaughterhouses and the equipment used therein are designed for particular categories of animals and capacities. Where those capacities are exceeded or the equipment is used for purposes for which it was not designed, it has a negative impact on the welfare of animals. Information on these aspects should therefore be communicated to the competent authorities and should be part of the approval procedure for slaughterhouses. Small, regularly inspected slaughterhouses with a slaughter capacity of up to 50 livestock units per week or 150 000 units of poultry per annum which mainly sell food directly to the final consumer do not require an onerous permit procedure in order to comply with the principles of this Regulation,

(34a)

It is necessary to avoid the suffering of animals due to fear and stress before slaughter. It is therefore appropriate to design the construction of slaughterhouses, plan slaughterhouse procedures and train staff in such a way as to prevent animals from suffering stress, fear and pain between unloading and slaughter.

(35)

Science and technical progress are regularly made with regard to the construction, layout and equipment of slaughterhouses. It is therefore important that the Community authorises the Commission for amending the requirements applicable to the construction, layout and equipment of slaughterhouses while keeping a uniform and high level of protection for animals.

(35)

Science and technical progress are regularly made with regard to the construction, layout and equipment of slaughterhouses. It is therefore important that the Community authorises the Commission for amending the requirements applicable to the construction, layout and equipment of slaughterhouses while keeping a uniform and high level of protection for animals. Efforts to develop better stunning procedures should be constantly ongoing. Research should also be stepped up in the field of alternatives to slaughtering surplus chicks.

(37)

Killing without stunning requires an accurate cut of the throat to minimise suffering. In addition, animals that are not mechanically restrained after the cut are likely to slow down the bleeding process, thereby prolonging unnecessarily the suffering of the animals. Animals slaughtered without stunning should therefore be individually restrained.

(37)

Slaughter without stunning requires an accurate cut of the throat to minimise suffering. In addition, animals that are not mechanically restrained after the cut are likely to slow down the bleeding process, thereby prolonging unnecessarily the suffering of the animals. Animals slaughtered without stunning should therefore be individually restrained and receive effective stunning immediately after the cut .

(38)

Science and technical progress are regularly made with regard to the handling and restraining of animals at slaughterhouses. It is therefore important that the Community authorises the Commission for amending the requirements applicable to the handling and restraining of animals before slaughter while keeping a uniform and high level of protection for animals.

(38)

Science and technical progress are regularly made with regard to the handling and restraining of animals at slaughterhouses and fur factory farms . It is therefore important that the Community authorises the Commission for amending the requirements applicable to the handling and restraining of animals before killing while keeping a uniform and high level of protection for animals.

i)

during technical or scientific experiments carried out under the supervision of the competent authority;

i)

in the context of the activities regulated by Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes (1);

ii)

during hunting activities;

ii)

during hunting or recreational fishing activities;

iva)

for major religious festivities involving traditional sacrifices for direct consumption, for example at Easter or Christmas and only for a period of ten days preceding the relevant dates.

ba)

semi-domesticated deer, shot in the field and processed through a game farm facility

(b)

‘related operations’ means operations such as handling, lairaging, restraining, stunning and bleeding of animals taking place in the context and at the location where they are to be killed ;

(b)

‘related operations’ means operations such as handling, unloading, lairaging, restraining, stunning and bleeding of animals taking place in the context and at the location where they are to be slaughtered ;

ba)

‘competent authority’ means the central authority of a Member State competent to ensure compliance with the requirements of this Regulation, or any other authority to which that central authority has delegated that competence;

da)

‘unconsciousness’ means a state of unawareness in which there is temporary or permanent disruption to brain function and after which the animal is unable to respond to normal stimuli, including pain;

f)

‘stunning’ means any intentionally induced process which causes loss of consciousness and sensibility without pain , including any process resulting in instantaneous death;

f)

‘stunning’ means any intentionally induced process which causes loss of consciousness and sensibility, including any process resulting in instantaneous death;

g)

‘religious rite’ means a series of acts related to the slaughter of animals and prescribed by a religion such as Islam or Judaism ;

g)

‘religious rite’ means a series of acts related to the slaughter of animals and prescribed by a religion or occasioned by specific religious festivities ;

k)

‘slaughterhouse’ means any establishment used for slaughtering terrestrial animals;

k)

‘slaughterhouse’ means an establishment used for slaughtering and dressing animals , the meat of which is intended for human consumption ;

m)

‘fur animals’ means animals of the mammal species primarily reared for the production of fur such as minks, polecats, foxes, raccoons, coypu and chinchillas;

m)

‘fur animals’ means animals of the mammal species primarily reared for the production of fur such as minks, polecats, foxes, raccoons, raccoon dogs, coypu , rabbits and chinchillas;

a)

are provided with physical comfort and protection, in particular by being kept clean, under thermal comfort and prevented from falling or slipping;

a)

are provided with physical comfort and protection, in particular by being kept under thermal comfort and prevented from falling or slipping;

d)

do not show signs of pain, fear, aggression or other abnormal behaviour;

d)

do not show signs of pain, aggression or other abnormal behaviour;

f)

are prevented from adverse interaction.

a)

the handling and care of animals before they are restrained ;

a)

driving of animals for the purposes of restraint, stunning or slaughter ;

f)

the bleeding of live animals.

f)

the bleeding of live animals and/or the slaughter methods referred to in Article 4(2) .

(fa)

the killing of fur animals

a)

the categories or weights of animals for which the equipment is intended to be used;

a)

the species or weights of animals for which the equipment is intended to be used;

(ca)

maintenance and calibration methods for that equipment.

a)

the maximum throughput for each slaughter line;

c)

the maximum capacity for each lairage area intended for equidae and animals of the bovine, ovine, caprine and porcine species and poultry and lagomorphs.

c)

the maximum capacity for each lairage area intended for equidae and animals of the bovine, ovine, caprine and porcine species and poultry , ratites and lagomorphs.

e)

the use of electric currents that do not stun or kill the animals under controlled circumstances, in particular, any electric current application that does not span the brain.

a)

the reasons for the depopulation;

b)

the number and the species of animals killed;

c)

the stunning and killing methods used;

d)

a description of the difficulties encountered and, where appropriate, solutions found to alleviate or minimise the suffering of the animals concerned;

e)

any derogation granted in accordance with paragraph 3.

a)

provide scientific and technical expertise relating to the approval of slaughterhouses;

b)

carry out assessments of new stunning methods;

c)

actively encourage the development by operators and other interested parties of codes of good practice for the implementation of this Regulation and publish and disseminate such codes, and monitor their application;

d)

develop guidelines for the competent authority for the purposes of this Regulation;

e)

accredit bodies and entities for the issuance of certificates of competence, as provided for in Article 18;

f)

correspond and cooperate with the Commission and other reference centres, in order to share technical and scientific information and best practices as regards the implementation of this Regulation.

b)

delivering certificates of competence attesting the passing of an independent final examination; the subjects of this examination shall be relevant for the categories of animals concerned and correspond to the operations listed in Article 7(2), and the subjects set out in Annex IV

b)

ensuring that anyone responsible for developing or maintaining the standard operating procedures set out in Article 6 of this Regulation has received appropriate training ;

c)

approving training programmes of the courses referred to in point (a) and the content and modalities of the examination referred in point (b);

a)

has the expertise, staff and equipment necessary to do so;

b)

is independent and free from any conflict of interest as regards the issuance of the certificates of competence;

c)

is accredited by the reference centre.

2.3.

There shall be a waiting pen , with a level floor and solid sides, between the holding pens and the race leading to the point of stunning, to ensure a steady supply of animals for stunning and killing and to avoid animal handlers having to rush animals from the holding pens. The waiting pen shall be so designed that animals cannot be trapped or trampled.

2.3.

There shall be a waiting pen between the holding pens and the race leading to the point of stunning, to ensure a steady supply of animals for stunning and slaughter and to avoid animal handlers having to rush animals from the holding pens. The waiting pen shall be so designed that animals cannot be trapped or trampled.

3.2.

3.3.

4.1a.

4.2.

7.2.

Facilities for poultry shall be designed and built so that animals are only conveyed into the gas mixtures in transport crates without being unloaded .

7.2.

Live poultry should be conveyed into the gas mixtures either in their transport crates or on conveyor belts .

1.2.

In the case of poultry or lagomorphs, the total time of transport added to the time spent between unloading and slaughter shall not exceed 12 hours.

In the case of mammals, except lagomorphs, the total time of transport added to the time spent between unloading and slaughter shall not exceed:

After the expiry of those time limits, the animals must be lairaged, fed, and subsequently given moderate amounts of food at appropriate intervals. In such cases, the animals shall be provided an appropriate amount of bedding or equivalent material which guarantees a level of comfort appropriate to the species and the number of animals concerned. This material must ensure adequate absorption of urine and faeces.

a)

milking dairy animals at intervals of not more than 12 hours;

b)

providing appropriate conditions for suckling and the welfare of the newborn animal in the case of a female having given birth;

c)

providing water in the case of animals delivered in containers.

c)

lift or drag the animals by the head, ears, horns, legs, tail or fleece, or handle them in such a way as to cause them avoidable pain or suffering;

c)

lift or drag the animals by the head, ears, horns, legs (with the exception of the feet of poultry and lagomorphs) , tail or fleece, or handle them in such a way as to cause them avoidable pain or suffering;

1.8a.

1.8b.

2.1.

Each animal shall have enough space to stand up, lie down and turn around.

2.1.

Except in the case of large bovine animals kept in individual pens for a period which does not exceed a reasonable limit, each animal shall have enough space to stand up, lie down and turn around.

2a.

2b.

An animal shall not be placed in a stunning box nor shall its head be placed in a device to restrict its movement unless the person who is to stun the animal is ready to do so as soon as the animal is placed in the stunning box or its head is fastened.

3.1.

Where one person is responsible for the stunning, shackling, hoisting and bleeding of animals, that person must carry out all those operations consecutively on one animal before carrying out any of them on another animal.

3.1.

Where one person is responsible for the stunning, shackling, hoisting and bleeding of animals, that person must carry out all those operations consecutively on one animal before carrying out any of them on another animal. This requirement shall not apply when group stunning is used.

3.1a.

3.2a.

3.2b.

Slaughterhouses must have suitable equipment to hand to perform the procedure promptly if required.

3.3.

Birds shall not be slaughtered by means of automatic neck cutters unless it can be ascertained whether or not the neck cutters have effectively severed the blood vessels. When neck cutters have not been effective the bird shall be killed immediately.

3.3.

Birds shall not be slaughtered by means of automatic neck cutters unless it can be ascertained whether or not the neck cutters have effectively severed the blood vessels. When neck cutters have not been effective the bird shall be slaughtered immediately.

(fa)

Practical aspects of handling and restraining animals.

Practical aspects of stunning techniques.

Back-up stunning and/or slaughter methods.

Maintenance of stunning and/or slaughter equipment.

Monitoring the effectiveness of stunning.