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О защите животных при умерщвлении (Часть 8)

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Chapter IV. DEPOPULATION AND EMERGENCY KILLING

Article 18

Depopulation

 

1. The competent authority responsible for a depopulation operation shall establish an action plan to ensure compliance with the rules laid down in this Regulation, before the commencement of the operation.

In particular, the stunning and killing methods planned and the corresponding standard operating procedures for ensuring compliance with the rules laid down in this Regulation shall be included in the contingency plans required under Community law on animal health, on the basis of the hypothesis established in the contingency plan concerning the size and the location of suspected outbreaks.

2. The competent authority shall:

(a) ensure that such operations are carried out in accordance with the action plan referred to in paragraph 1;

(b) take any appropriate action to safeguard the welfare of the animals in the best available conditions.

3. For the purposes of this Article and in exceptional circumstances, the competent authority may grant derogations from one or more of the provisions of this Regulation where it considers that compliance is likely to affect human health or significantly slow down the process of eradication of a disease.

4. By 30 June each year, the competent authority referred to in paragraph 1 shall transmit to the Commission a report on the depopulation operations carried out during the previous year and make it publicly available via the Internet.

With regards to each depopulation operation, that report shall include, in particular:

(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.

5. Community guidelines for the drawing up and implementation of depopulation action plans may be adopted in accordance with the procedure referred to in Article 25(2).

6. Where appropriate, in order to take account of the information collected by the ADNS, a derogation from the reporting obligation laid down in paragraph 4 of this Article may be adopted in accordance with the procedure referred to in Article 25(2).

 

Article 19

Emergency killing

 

In the case of emergency killing, the keeper of the animals concerned shall take all the necessary measures to kill the animal as soon as possible.

 

Chapter V. COMPETENT AUTHORITY

Article 20

Scientific support

 

1. Each Member State shall ensure that sufficient independent scientific support is available to assist the competent authorities, upon their request, by providing:

(a) scientific and technical expertise relating to the approval of slaughterhouses as referred to in Article 14(2) and the development of new stunning methods;

(b) scientific opinions on the instructions provided by manufacturers on the use and maintenance of restraining and stunning equipment;

(c) scientific opinions on guides to good practice developed within its territory for the purposes of this Regulation;

(d) recommendations for the purposes of this Regulation, in particular in relation to inspections and audits;

(e) opinions on the capacity and suitability of separate bodies and entities to fulfil the requirements laid down in Article 21(2).

2. Scientific support may be provided via a network, subject to all the tasks listed in paragraph 1 being performed with respect to all the relevant activities taking place in the Member States concerned.

For this purpose, each Member State shall identify a single contact point and make it publicly available via the Internet. Such contact point shall be responsible for sharing technical and scientific information and best practices regarding the implementation of this Regulation with its counterparts and the Commission.

 

Article 21

Certificate of competence

 

1. For the purposes of Article 7, Member States shall designate the competent authority responsible for:

(a) ensuring that training courses are available for personnel involved in killing and related operations;

(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 referred to in Article 7(2) and (3), and to the subjects set out in Annex IV;

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

2. The competent authority may delegate the final examination and the issuance of the certificate of competence to a separate body or entity which:

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

(b) is independent and free from any conflict of interest as regards the final examination and the issuance of the certificates of competence.

The competent authority may also delegate the organisation of the training courses to a separate body or entity which has the expertise, staff and equipment necessary to do so.

The details of bodies and entities to which such tasks have been delegated shall be made publicly available by the competent authority via the Internet.

3. Certificates of competence shall indicate for which categories of animals, type of equipment and for which of the operations listed in Article 7(2) or (3) the certificate is valid.

4. Member States shall recognise certificates of competence issued in another Member State.

5. The competent authority may issue temporary certificates of competence provided that:

(a) the applicant is registered in one of the training courses referred to in paragraph 1(a);

(b) the applicant is to work in the presence and under the direct supervision of another person who holds a certificate of competence issued for the specific activity to be undertaken;

(c) the validity of the temporary certificate does not exceed three months; and

(d) the applicant provides a written declaration stating that he/she has not previously been issued another temporary certificate of competence of the same scope or demonstrates to the satisfaction of the competent authority that he/she was unable to take the final examination.

6. Without prejudice to a decision by a judicial authority or by a competent authority prohibiting the handling of animals, certificates of competence, including a temporary certificate of competence, shall only be issued if the applicant provides a written declaration stating that he/she has committed no serious infringement of Community law and/or national law on the protection of animals in the three years preceding the date of application for such a certificate.

7. Member States may recognise qualifications obtained for other purposes as equivalent to certificates of competence for the purposes of this Regulation provided that they have been obtained under conditions equivalent to those laid down in this Article. The competent authority shall make publicly available and keep up to date, via the Internet, a list of qualifications recognised as equivalent to the certificate of competence.

8. Community guidelines for the application of paragraph 1 of this Article may be adopted in accordance with the procedure referred to in Article 25(2).

 

Chapter VI. NON-COMPLIANCE, PENALTIES AND IMPLEMENTING POWERS

Article 22

Non-compliance

 

1. For the purpose of Article 54 of Regulation (EC) No 882/2004, the competent authority may in particular:

(a) require business operators to amend their standard operating procedures and, in particular, slow down or stop production;

(b) require business operators to increase the frequency of the checks referred to in Article 5 and amend the monitoring procedures referred to in Article 16;

(c) suspend or withdraw certificates of competence issued under this Regulation from a person who no longer shows sufficient competence, knowledge or awareness of his/her tasks to carry out the operations for which the certificate was issued;

(d) suspend or withdraw the delegation of power referred to in Article 21(2);

(e) require the amendment of the instructions referred to in Article 8 with due regard to the scientific opinions provided pursuant to Article 20(1)(b).

2. When a competent authority suspends or withdraws a certificate of competence, it shall inform the granting competent authority of its decision.

 

Article 23

Penalties

 

The Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by 1 January 2013 and shall notify it without delay of any subsequent amendment affecting them.

 

Article 24

Implementing rules

 

Any detailed rules necessary for the implementation of this Regulation may be adopted in accordance with the procedure referred to in Article 25(2).

 

Article 25

Committee procedure

 

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

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

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

 

Chapter VII. FINAL PROVISIONS

Article 26

Stricter national rules

 

1. This Regulation shall not prevent Member States from maintaining any national rules aimed at ensuring more extensive protection of animals at the time of killing in force at the time of entry into force of this Regulation.

Before 1 January 2013, Member States shall inform the Commission about such national rules. The Commission shall bring them to the attention of the other Member States.

2. Member States may adopt national rules aimed at ensuring more extensive protection of animals at the time of killing than those contained in this Regulation in relation to the following fields:

(a) the killing and related operations of animals outside of a slaughterhouse;

(b) the slaughtering and related operations of farmed game as defined in point 1.6 of Annex I to Regulation (EC) No 853/2004, including reindeer;

(c) the slaughtering and related operations of animals in accordance with Article 4(4).

Member States shall notify the Commission of any such national rules. The Commission shall bring them to the attention of the other Member States.

3. Where, on the basis of new scientific evidence, a Member State deems it necessary to take measures aimed at ensuring more extensive protection of animals at the time of killing in relation to the methods of stunning referred to in Annex I, it shall notify the Commission of the envisaged measures. The Commission shall bring them to the attention of the other Member States.

The Commission shall put the matter before the Committee referred to in Article 25(1) within 1 month of the notification and shall, on the basis of an opinion of EFSA and in accordance with the procedure referred to in Article 25(2), approve or reject the national measures involved.

Where the Commission deems it appropriate, it may, on the basis of the approved national measures, propose amendments to Annex I in accordance with Article 4(2).

4. A Member State shall not prohibit or impede the putting into circulation within its territory of products of animal origin derived from animals that have been killed in another Member State on the grounds that the animals concerned have not been killed in accordance with its national rules aimed at a more extensive protection of animals at the time of killing.

 

Article 27

Reporting

 

1. No later than 8 December 2014, the Commission shall submit to the European Parliament and to the Council a report on the possibility of introducing certain requirements regarding the protection of fish at the time of killing taking into account animal welfare aspects as well as the socioeconomic and environmental impacts. This report shall, if appropriate, be accompanied by legislative proposals with a view to amending this Regulation, by including specific rules regarding the protection of fish at the time of killing.

Pending the adoption of these measures, Member States may maintain or adopt national rules regarding the protection of fish at the time of slaughter or killing and shall inform the Commission thereof.

2. No later than 8 December 2012, the Commission shall submit to the European Parliament and to the Council a report on systems restraining bovine animals by inversion or any unnatural position. This report shall be based on the results of a scientific study comparing these systems to the ones maintaining bovines in the upright position and shall take into account animal welfare aspects as well as the socioeconomic implications, including their acceptability by the religious communities and the safety of operators. This report shall, if appropriate, be accompanied by legislative proposals with a view to amending this Regulation concerning the systems restraining bovine animals by inversion or any unnatural position.

3. No later than 8 December 2013, the Commission shall submit to the European Parliament and to the Council a report on the various stunning methods for poultry, and in particular multiple-bird waterbath stunners, taking into account animal welfare aspects, as well as the socioeconomic and environmental impacts.

 

Article 28

Repeal

 

1. Directive 93/119/EEC is repealed.

However, for the purpose of Article 29(1) of this Regulation, the following provisions of Directive 93/119/EEC shall continue to apply:

(a) Annex A:

(i) paragraph 1 of Section I;

(ii) paragraph 1 and the second sentence of paragraph 3 and paragraphs 6, 7, 8 and the first sentence of paragraph 9 of Section II;

(b) Annex C, paragraphs 3.A.2, the first subparagraph of 3.B.1, 3.B.2, 3.B.4 and paragraphs 4.2 and 4.3 of Section II.

2. References to the repealed Directive shall be construed as references to this Regulation.

 

Article 29

Transitional provisions

 

1. Until 8 December 2019, Article 14(1) shall only apply to new slaughterhouses or to any new layout, construction or equipment covered by the rules set out in Annex II which have not entered into operation before 1 January 2013.

2. Until 8 December 2015, Member States may provide for certificates of competence, as referred to in Article 21, to be issued by way of a simplified procedure to persons demonstrating relevant professional experience of at least three years.

 

Article 30

Entry into force

 

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2013.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

 

Done at Brussels, 24 September 2009.

For the Council The President M.OLOFSSON

 

Annex I

LIST OF STUNNING METHODS AND RELATED SPECIFICATIONS (AS REFERRED TO IN ARTICLE 4)

Chapter I

METHODS

 

Table 1

Mechanical methods

No

Name

Description

Conditions of use

Key parameters

Specific requirements for certain methods - Chapter II of this Annex

1

Penetrative captive bolt device

Severe and irreversible damage of the brain provoked by the shock and the penetration of a captive bolt.

Simple stunning.

All species.

Slaughter, depopulation and other situations.

Position and direction of the shot.

Appropriate velocity, exit length and diameter of bolt according to animal size and species.

Maximum stun to stick/kill interval(s).

Not applicable.

2

Non-penetrative captive bolt device

Severe damage of the brain by the shock of a captive bolt without penetration.

Simple stunning.

Ruminants, poultry, rabbits and hares.

Slaughter only for ruminants.

Slaughter, depopulation and other situations for poultry, rabbits and hares.

Position and direction of the shot.

Appropriate velocity, diameter and shape of bolt according to animal size and species.

Strength of the cartridge used.

Maximum stun to stick/kill interval(s).

Point 1.

3

Firearm with free projectile

Severe and irreversible damage of the brain provoked by the shock and the penetration of one or more projectiles.

All species.

Slaughter, depopulation and other situations.

Position of the shot.

Power and calibre of the cartridge.

Type of projectile.

Not applicable.

4

Maceration

Immediate crushing of the entire animal.

Chicks up to 72 hours and egg embryos.

All situations other than slaughter.

Maximum size of the batch to be introduced.

Distance between the blades and speed of rotation.

Measure to prevent overloading.

Point 2.

5

Cervical dislocation

Manual or mechanical stretching and twist of the neck provoking cerebral ischemia.

Poultry up to 5 kg live weight.

Slaughter, depopulation and other situations.

Not applicable.

Point 3.

6

Percussive blow to the head

Firm and accurate blow to the head provoking severe damage to the brain.

Piglets, lambs, kids, rabbits, hares, fur animals and poultry up to 5 kg live weight.

Slaughter, depopulation and other situations.

Force and location of the blow.

Point 3.

 

Table 2

Electrical methods

No

Name

Description

Conditions of use

Key parameters

Specific requirements of Chapter II of this Annex

1

Head-only electrical stunning

Exposure of the brain to a current generating a generalised epileptic form on the electro-encephalogram (EEG).

Simple stunning.

All species.

Slaughter, depopulation and other situations.

Minimum current (A or mA).

Minimum voltage (V).

Maximum frequency (Hz).

Minimum time of exposure.

Maximum stun-to-stick/kill interval(s).

Frequency of calibration of the equipment.

Optimisation of the current flow.

Prevention of electrical shocks before stunning.

Position and contact surface area of electrodes.

Point 4.

2

Head-to-Body electrical stunning

Exposure of the body to a current generating at the same time a generalised epileptic form on the EEG and the fibrillation or the stopping of the heart.

Simple stunning in case of slaughter.

All species.

Slaughter, depopulation and other situations.

Minimum current (A or mA).

Minimum voltage (V).

Maximum frequency (Hz).

Minimum time of exposure.

Frequency of calibration of the equipment.

Optimisation of the current flow.

Prevention of electrical shocks before stunning.

Position and contact surface area of electrodes.

Maximum stun-to-stick interval(s), in case of simple stunning(s).

Point 5.

3

Electrical waterbath

Exposure of the entire body to a current generating a generalised epileptic form on the EEG and possibly the fibrillation or the stopping of the heart through a waterbath.

Simple stunning except where frequency is equal to or less than 50 Hz.

Poultry.

Slaughter, depopulation and other situations.

Minimum current (A or mA).

Minimum voltage (V).

Maximum frequency (Hz).

Frequency of calibration of the equipment.

Prevention of electrical shocks before stunning.

Minimising pain at shackling.

Optimisation of current flow.

Maximum shackle duration before the waterbath.

Minimum time of exposure for each animal.

Immersion of the birds up to the base of the wings.

Maximum stun-to-stick/kill interval(s) for frequency over 50 Hz(s).

Point 6.

 

Table 3

Gas methods

No

Name

Description

Conditions of use

Key parameters

Specific requirements of Chapter II of this Annex

1

Carbon dioxide at high concentration

Direct or progressive exposure of conscious animals to a gas mixture containing more than 40% carbon dioxide. The method may be used in pits, tunnels, containers or building previously sealed.

Simple stunning in case of slaughter of pigs.

Pigs, mustelids, chinchillas, poultry except ducks and geese.

Slaughter only for pigs.

Other situations than slaughter for poultry mustelids, chinchillas, pigs.

Carbon dioxide concentration.

Duration of exposure.

Maximum stun-to-stick interval(s) in case of simple stunning.

Quality of the gas.

Temperature of the gas.

Point 7.

Point 8.

2

Carbon dioxide in two phases

Successive exposure of conscious animals to a gas mixture containing up to 40% of carbon dioxide, followed when animals have lost consciousness, by a higher concentration of carbon dioxide.

Poultry

Slaughter, depopulation and other situations

Carbon dioxide concentration.

Duration of exposure.

Quality of the gas.

Temperature of the gas.

Not applicable.

3

Carbon dioxide associated with inert gases

Direct or progressive exposure of conscious animals to a gas mixture containing up to 40% of carbon dioxide associated with inert gases leading to anoxia. The method may be used in pits, bags, tunnels, containers or in buildings previously sealed.

Simple stunning for pigs if the duration of exposure to at least 30% of carbon dioxide is of less than 7 minutes.

Simple stunning for poultry if the overall duration of exposure to at least 30% of carbon dioxide is of less than 3 minutes.

Pigs and poultry.

Slaughter, depopulation and other situations.

Carbon dioxide concentration.

Duration of exposure.

Maximum stun-to-stick/kill interval(s) in case of simple stunning.

Quality of the gas.

Temperature of the gas.

Oxygen concentration.

Point 8.

4

Inert gases

Direct or progressive exposure of conscious animals to a inert gas mixture such as Argon or Nitrogen leading to anoxia. The method may be used in pits, bags, tunnels, containers or in buildings previously sealed.

Simple stunning in case of the slaughter of pigs.

Simple stunning for poultry if the duration of exposure to anoxia is of less than 3 minutes.

Pigs and poultry.

Slaughter, depopulation and other situations.

Oxygen concentration.

Duration of exposure.

Quality of the gas.

Maximum stun-to-stick/kill interval(s) in case of simple stunning.

Temperature of the gas.

Point 8.

5

Carbon monoxide (pure source)

Exposure of conscious animals to a gas mixture containing more than 4% of carbon monoxide.

Fur animals, poultry and piglets.

Other situations than slaughter.

Quality of the gas.

Carbon monoxide concentration.

Duration of exposure.

Temperature of the gas.

Points 9.1, 9.2 and 9.3.

6

Carbon monoxide associated with other gases

Exposure of conscious animals to a gas mixture containing more than 1% of carbon monoxide associated with other toxic gases.

Fur animals, poultry and piglets.

Other situations than slaughter.

Carbon monoxide concentration.

Duration of exposure.

Temperature of the gas.

Filtration of the gas produced from engine.

Point 9.

 

Table 4

Other methods

No

Name

Description

Conditions of use

Key parameters

Specific requirements of Chapter II of this Annex

1

Lethal injection

Loss of consciousness and sensibility followed by irreversible death induced by the injection of veterinary medicines.

All species.

Other situations than slaughter.

Type of injection.

Using approved medicines.

Not applicable.

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