1993L0119 — EN — 05.01.2007 — 002.001

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This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B	COUNCIL DIRECTIVE 93/119/EC of 22 December 1993 on the protection of animals at the time of slaughter or killing (OJ L 340, 31.12.1993, p.21)

Amended by:

		Official Journal
		No	page	date
►M1	COUNCIL REGULATION (EC) No 806/2003 of 14 April 2003	L 122	1	16.5.2003
►M2	COUNCIL REGULATION (EC) No 1/2005 of 22 December 2004	L 3	1	5.1.2005

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▼B

COUNCIL DIRECTIVE 93/119/EC

of 22 December 1993

on the protection of animals at the time of slaughter or killing

CHAPTER I

General provisions

Article 1

1.  This Directive shall apply to the movement, lairaging, restraint, stunning, slaughter and killing of animals bred and kept for the production of meat, skin, fur or other products and to methods of killing animals for the purpose of disease control.

2.  It shall not apply to:

Article 2

For the purposes of this Directive the following definitions shall apply:

Article 3

Animals shall be spared any avoidable excitement, pain or suffering during movement, lairaging, restraint, stunning, slaughter or killing.

CHAPTER II

Requirements applicable to slaughterhouses

Article 4

The construction, facilities and equipment of slaughterhouses, and their operation, shall be such as to spare animals any avoidable excitement, pain or suffering.

Article 5

1.  Solipeds, ruminants, pigs, rabbits and poultry brought into slaughterhouses for slaughter shall be:

2.  In the case of animals subject to particular methods of slaughter required by certain religious rites, the requirements of paragraph 1(c) shall not apply.

3.  With due regard for the general rules of the Treaty, the competent authorities of the Member States may, for establishments qualifying for derogations pursuant to Articles 4 and 13 of Directive 64/433/EEC, Article 4 of Directive 91/498/EEC and Articles 7 and 18 of Directive 71/118/EEC, grant derogations from paragraph 1(a) in respect of cattle, and from paragraph 1(a) and from the methods for stunning and killing referred to in Annex C in respect of poultry, rabbits, pigs, sheep and goats, provided that the requirements laid down in Article 3 are met.

Article 6

1.  Instruments, restraint and other equipment and installations used for stunning or killing must be designed, constructed, maintained and used in such a way as to achieve rapid and effective stunning or killing in accordance with the provisions of this Directive. The competent authority shall check that the instruments, restraint and other equipment used for stunning or killing comply with the above principles and shall check regularly to ensure that they are in a good state of repair and will allow the aforementioned objective to be attained.

2.  Suitable spare equipment and instruments must be kept at the place of slaughter for emergency use. They shall be properly maintained and inspected regularly.

Article 7

No person shall engage in the movement, lairaging, restraint, stunning, slaughter or killing of animals unless he has the knowledge and skill necessary to perform the tasks humanely and efficiently, in accordance with the requirements of this Directive.

The competent authority shall ensure that persons employed for slaughtering possess the necessary skill, ability and professional knowledge.

Article 8

Inspections and controls in slaughterhouses shall be carried out under the responsibility of the competent authority, which shall at all times have free access to all parts of slaughterhouses in order to ascertain compliance with this Directive. However, such inspections and controls may be carried out at the same time as controls carried out for other purposes.

CHAPTER III

Slaughter and killing outwith slaughterhouses

Article 9

1.  Where animals referred to in Article 5 (1) are slaughtered outwith slaughterhouses, Article 5 (1)(b), (c) and (d) shall apply.

2.  Member States may, however, grant derogations from paragraph 1 in respect of poultry, rabbits, pigs, sheep and goats slaughtered or killed outwith slaughterhouses by their owner for his personal consumption, provided that Article 3 is complied with and that pigs, sheep and goats have been stunned in advance.

Article 10

1.  Where animals referred to in Article 5 (1) are to be slaughtered or killed for purposes of disease control, this shall be carried out in accordance with Annex E.

2.  Animals farmed for their fur shall be killed in accordance with Annex F.

3.  Surplus day-old chicks, as defined in Article 2 (3) of Directive 90/539/EEC, and embryos in hatchery waste shall be killed as rapidly as possible in accordance with Annex G.

Article 11

Articles 9 and 10 shall not apply in the case of an animal which has to be killed immediately for emergency reasons.

Article 12

Injured or diseased animals must be slaughtered or killed on the spot. However, the competent authority may authorize the transport of injured or diseased animals for the purpose of slaughter or killing provided that such transport does not entail further suffering for the animals.

CHAPTER IV

Final provisions

Article 13

1.  If necessary, rules on the protection of animals at the time of slaughter or killing other than those in this Directive shall be adopted by the Council acting by a qualified majority on a proposal from the Commission.

2.  

Article 14

1.  Commission experts may make on-the-spot checks in so far as is necessary to ensure uniform application of this Directive. In order to do this, they may check a representative sample of establishments to ensure that the competent authority is checking that the said establishments are fulfilling the requirements of this Directive.

The Commission shall inform the Member States of the result of the checks carried out.

2.  The checks referred to in paragraph 1 shall be carried out in collaboration with the competent authority.

3.  A Member State in whose territory a check is being carried out shall give all the necessary assistance to the experts in carrying out their duties.

4.  The detailed rules for implementing this Article shall be determined in accordance with the procedure laid down in Article 16.

Article 15

In the course of the inspection of slaughterhouses or establishments which have been or are to be approved in third countries for the purpose of being able to export to the Community in accordance with Community rules, the Commission experts shall ensure that the animals referred to in Article 5 have been slaughtered under conditions which offer guarantees of humane treatment at least equivalent to those provided for in this Directive.

To enable meat to be imported from a third country the health certificate accompanying such meat must be supplemented by an attestation certifying that the above requirement has been met.

▼M1

Article 16

1.  The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health set up pursuant to Article 58 of Regulation (EC) No 178/2002 ( 6 ).

2.  Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC ( 7 ) shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.  The Committee shall adopt its Rules of Procedure.

▼B

Article 17

Directive 74/577/EEC shall be repealed with effect from 1 January 1995.

Article 18

1.  Member States shall bring into force the laws, regulations and administrative provisions, including any penalties, necessary to comply with this Directive on 1 January 1995. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.  However, as from the date laid down in paragraph 1, Member States may, with due regard for the general rules of the Treaty, maintain or apply in their territory more stringent provisions than those contained in this Directive. They shall inform the Commission of any such measures.

3.  Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.

Article 19

This Directive is addressed to the Member States.

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ANNEX A

REQUIREMENTS FOR THE MOVEMENT AND LAIRAGING OF ANIMALS IN SLAUGHTERHOUSES

I.   General requirements

1.	Every slaughterhouse coming into operation after 30 June 1994 must have suitable equipment and facilities available for the purpose of unloading animals from means of transport, and all existing slaughterhouses must comply with these requirements by 1 January 1996.

2.	Animals must be unloaded as soon as possible after arrival. If delay is unavoidable they must be protected from extremes of weather and provided with adequate ventilation.

3.	Animals which might injure each other on account of their species, sex, age or origin must be kept and lairaged apart from each other.

4.	Animals must be protected from adverse weather conditions. If they have been subjected to high temperatures in humid weather they must be cooled by appropriate means.

5.	The condition and state of health of the animals must be inspected at least every morning and evening.

6.

Without prejudice to the provisions laid down in Chapter VI of Annex I to Directive 64/433/EEC, animals which have experienced pain or suffering during transport or upon arrival at the slaughterhouse, and unweaned animals, must be slaughtered immediately. If this is not possible, they must be separated and slaughtered as soon as possible and at least within the following two hours. Animals which are uanble to walk must not be dragged to the place of slaughter, but must be killed where they lie or, where it is possible and does not entail any unnecessary suffering, transported on a trolley or movable platform to the place of emergency slaughter.

II.   Requirements for animals delivered other than in containers

1.

Where slaughterhouses have equipment for unloading animals, such equipment must have non-slip flooring 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. Exit or entry ramps must have the minimum possible incline.

2.

During 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 by the head, horns, ears, feet, tail or fleece in such a way as to cause them unnecessary pain or suffering. When necessary, they must be led individually.

▼M2

3.

Animals must be moved with care. Passageways must be so constructed as to minimise the risk of injury to animals, and so arranged as to exploit their gregarious tendencies. Instruments intended for guiding animals must be used solely for that purpose, and only for short periods. The use of instruments which administer electric shocks shall be avoided as far as possible. In any case, these instruments shall only be used for adult bovine animals and adult pigs which refuse to move, and only when they have room ahead of them in which to move. Shocks shall last no longer than one second, be adequately spaced, and shall only be applied to the muscles of the hindquarters. Shocks shall not be used repeatedly if the animal fails to respond.

▼B

4.	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.

5.	Animals must not be taken to the place of slaughter unless they can be slaughtered immediately. If they are not slaughtered immediately on arrival they must be lairaged.

6.	Without prejudice to derogations granted pursuant to Articles 4 and 13 of Directive 64/433/EEC, slaughterhouses must be equipped with a sufficient number of pens for adequate lairaging of the animals with protection from the effects of adverse weather.

7.

In addition to complying with requirements already laid down in Community rules, lairages must have: — floors which minimize the risk of slipping and which do not cause injury to animals in contact with them, — adequate ventilation, taking into account the extremes of temperature and humidity which may be expected. Where mechanical means of ventilation are required, provision must be made for emergency back-up facilities in the event of breakdown, — artificial lighting at a level sufficient to permit inspection of all animals at any time; if necessary, adequate back-up lighting must be available, — where necessary, equipment for tethering animals, — where necessary, adequate supplies of a suitable bedding material for all animals kept in the lairage overnight.

8.

Where, in addition to the lairages referred to above, slaughterhouses also have field lairages without natural shelter or shade, appropriate protection from adverse weather must be provided. Field lairages must be maintained in such condition as to ensure that animals are not subjected to physical, chemical or other health hazards.

9.

Animals which are not taken directly upon arrival to the place of slaughter must have drinking water available to them from appropriate facilities at all times. Animals which have not been slaughtered within 12 hours of their arrival must be fed, and must subsequently be given moderate amounts of food at appropriate intervals.

10.	Animals which are kept for 12 hours or more at a slaughterhouse must be lairaged and, where appropriate, tethered, in such a way that they can lie down without difficulty. Where animals are not tethered, food must be provided in a way which will permit the animals to feed undisturbed.

III.   Requirements for animals delivered in containers

1.	Containers in which animals are transported must be handled with care, and must not be thrown, dropped or knocked over. Where possible, they must be loaded and unloaded horizontally and mechanically.

2.	Animals delivered in containers with perforated or flexible bottoms must be unloaded with particular care in order to avoid injury. Where appropriate, animals must be unloaded from the containers individually.

3.	Animals which have been transported in containers must be slaughtered as soon as possible; otherwise they must if necessary be watered and fed in accordance with point II.9.

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ANNEX B

RESTRAINT OF ANIMALS BEFORE STUNNING, SLAUGHTER OR KILLING

1.

Animals must be restrained in an appropriate manner in such a way as to spare them any avoidable pain, suffering, agitation, injury or contusions. However, in the case of ritual slaughter, restraint of bovine animals before slaughter using a mechanical method intended to avoid any pain, suffering or agitation and any injuries or contusions to the animals is obligatory.

2.

Animals' legs must not be tied, and animals must not be suspended before stunning or killing. However, poultry and rabbits may be suspended for slaughter provided that appropriate measures are taken to ensure that, on the point of being stunned, they are in a sufficiently relaxed state for stunning to be carried out effectively and without undue delay. Furthermore, holding an animal in a restraint system may in no circumstances be regarded as suspension.

3.

Animals which are stunned or killed by mechanical or electrical means applied to the head must be presented in such a position that the equipment can be applied and operated easily, accurately and for the appropriate time. The competent authority may, however, in the case of solipeds and cattle, authorize the use of appropriate means to restrain head movements.

4.	Electrical stunning equipment must not be used as a means of restraint or immobilization or to make animals move.

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ANNEX C

STUNNING OR KILLING OF ANIMALS OTHER THAN ANIMALS REARED FOR FUR

I.   PERMITTED METHODS

A.   Stunning

B.   Killing

C.	The competent authority may, however, authorize decapitation, dislocation of the neck and the use of a vacuum chamber as a method of killing for certain specific species, provided that Article 3 is complied with and that the specific requirements laid down in point III of this Annex are met.

II.   SPECIFIC REQUIREMENTS FOR STUNNING

Stunning must not be carried out unless it is possible to bleed the animals immediately afterwards.

1.   Captive bolt pistol

2.   Concussion

3.   Electronarcosis

A.   Electrodes

1.	Electrodes must be so placed that they span the brain, enabling the current to pass through it. Appropriate measures must also be taken to ensure that there is good electrical contact, in particular by removing excess wool or wetting skin.

2.

Where animals are stunned individually, the apparatus must: (a) incorporate a device which measures the impedance of the load and prevents operation of the apparatus if the minimum required current cannot be passed; (b) incorporate an audible or visible device indicating the length of time of its application to an animal; (c) be connected to a device indicating the voltage and the current under load, positioned so as to be clearly visible to the operator.

B.   Waterbath stunners

1.

Where waterbath stunners are used to stun poultry, the level of the water must be adjustable in order to ensure that there is good contact with the bird's head. The strength and duration of the current used in this case will be determined by the competent authority so as to ensure that the animal is immediately rendered unconscious and remains so until death.

2.	Where poultry are stunned in groups in a waterbath, a voltage sufficient to produce a current strong enough to ensure that every bird is stunned must be maintained.

3.	Appropriate measures must be taken to ensure that the current passes properly, in particular good electrical contacts and wetting the shackle-to-leg contact.

4.	Waterbaths for poultry must be adequate in size and depth for the type of bird being slaughtered, and must not overflow at the entrance. The electrode which is immersed in the water must extend the length of the waterbath.

5.	If necessary, manual back-up must be available.

4.   Exposure to carbon dioxide

1.	The concentration of carbon dioxide for stunning pigs must be at least 70 % by volume.

2.

The chamber in which pigs are exposed to the gas, and the equipment used for conveying the pigs through it, must be so designed, constructed and maintained as to avoid injury to the pigs and compression of the chest and enable them to remain upright until they lose consciousness. Adequate lighting must be provided in the conveying mechanism and the chamber to allow pigs to see other pigs or their surroundings.

3.	The chamber must be fitted with devices for measuring the gas concentration at the point of maximum exposure and for giving a clearly visible and audible warning if the concentration of carbon dioxide falls below the required level.

4.

Pigs must be placed in pens or containers in which they can see each other and conveyed into the gas chamber within 30 seconds from their entry into the installation. They must be conveyed as rapidly as possible from the entrance to the point of maximum concentration of the gas and must be exposed to it for long enough to ensure that they remain unconscious until they have been killed.

III.   SPECIFIC REQUIREMENTS FOR KILLING

1.   Free bullet pistol or rifle

These methods, which may be used to kill various species, in particular large farmed game and deer, are subject to authorization by the competent authority, which must ensure in particular that they are used by duly qualified staff and in compliance with the general provisions of Article 3 of this Directive.

2.   Decapitation and dislocation of the neck

These methods, which are to be used only for killing poultry, are subject to authorization by the competent authority, which must ensure in particular that they are used by duly qualified staff and in compliance with the general provisions of Article 3 to this Directive.

3.   Electrocution and carbon dioxide

The competent authority may authorize the killing of various species by these methods provided that, in addition to the general provisions of Article 3, the specific provisions laiddown in point II (3) and (4) of this Annex are complied with. It shall also, to achieve this, lay down the strength and duration of the current used and the concentration and length of exposure to carbon dioxide.

4.   Vacuum chamber

This method, which is to be used only for the killing without bleeding of certain animals for consumption belonging to farmed game species (quail, partridge and pheasant), is subject to authorization by the competent authority, which shall ensure, in addition to compliance with the requirements laid down in Article 3, that:

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ANNEX D

BLEEDING OF ANIMALS

1.	For animals which have been stunned, bleeding must be started as soon as possible after stunning and be carried out in such a way as to bring about rapid, profuse and complete bleeding. In any event, the bleeding must be carried out before the animal regains consciousness.

2.	All animals which have been stunned must be bled by incising at least one of the carotid arteries or the vessels from which they arise. After incision of the blood vessels, no further dressing procedures nor any electrical stimulation may be performed on the animals before the bleeding has ended.

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

4.	Manual back-up must be available where poultry is bled by means of automatic neck-cutters so that, in the event of a breakdown, birds may be slaughtered immediately.

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ANNEX E

KILLING METHODS FOR DISEASE CONTROL

Permitted methods

Any method permitted under Annex C which causes certain death.

In addition, the competent authority may, in compliance with the general provisions of Article 3 of this Directive, permit the use of other methods for killing conscious animals, ensuring in particular that:

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ANNEX F

METHODS OF KILLING FUR ANIMALS

I.   Permitted methods

1.	Mechanically-operated instruments which penetrate the brain.

2.	Injection of an overdose of a drug with anaesthetic properties.

3.	Electrocution with cardiac arrest.

4.	Exposure to carbon monoxide.

5.	Exposure to chloroform.

6.	Exposure to carbon dioxide.

The competent authority shall decide on the most appropriate method of killing for the different species concerned in compliance with the general provisions of Article 3 of this Directive.

II.   Specific requirements

1.   Mechanically-operated instruments which penetrate the brain

2.   Injection of an overdose of a drug with anaesthetic properties

Only those anaesthetics, doses and applications which cause immediate loss of consciousness followed by death may be used.

3.   Electrocution with cardiac arrest

Electrodes must be placed so that they span the brain and the heart and the minimum current level used must lead to immediate loss of consciousness and cardiac arrest. However, for foxes, where electrodes are applied to the mouth and rectum, a current of an average value of 0,3 amps must be applied for at least 3 seconds.

4.   Exposure to carbon monoxide

5.   Exposure to chloroform

Exposure to chloroform may be used to kill chinchillas provided that:

6.   Exposure to carbon dioxide

Carbon dioxide may be used to kill mustelids and chinchillas provided that:

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ANNEX G

KILLING OF SURPLUS CHICKS AND EMBRYOS IN HATCHERY WASTE

I.   Permitted methods for the killing of chicks

1.	Use of a mechanical apparatus causing rapid death.

2.	Exposure to carbon dioxide.

3.	However, the competent authority may permit the use of other scientifically recognized killing methods provided that they comply with the general provisions of Article 3.

II.   Specific requirements

1.   Use of a mechanical apparatus producing rapid death

2.   Exposure to carbon dioxide

III.   Permitted method for the killing of embryos

1.	To kill any living embryos instantaneously, all hatchery waste must be treated by the mechanical apparatus mentioned in point II (1).

2.	However, the competent authority may permit the use of other scientifically recognized killing methods provided that they comply with the general provisions of Article 3.

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( 1 ) OJ No C 314, 5.12.1991, p. 14.

( 2 ) OJ No C 241, 21.9.1992, p. 75.

( 3 ) OJ No C 106, 27.4.1992, p. 15.

( 4 ) OJ No L 316, 26.11.1974, p. 10.

( 5 ) OJ No L 137, 2.6.1988, p. 25.

( 6 ) OJ L 31, 1.2.2002, p. 1.

( 7 ) OJ L 184, 17.7.1999, p. 23.