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Council Regulation (EC) No 1099/2009Show full title

Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing (Text with EEA relevance)

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CHAPTER IU.K.SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1U.K.Subject matter and scope

1.This Regulation lays down rules for the killing of animals bred or kept for the production of food, wool, skin, fur or other products as well as the killing of animals for the purpose of depopulation and for related operations.

However as regards fish, only the requirements laid down in Article 3(1) shall apply.

2.Chapter II, except for Article 3(1) and (2) thereof, Chapter III and Chapter IV except for Article 19 thereof, shall not apply in case of emergency killing outside of a slaughterhouse or where compliance with those provisions would result in an immediate and serious risk for human health or safety.

3.This Regulation shall not apply:

(a)where animals are killed:

(i)

during scientific experiments carried out under the supervision [F1of:

  • — in England, Wales or Scotland, the Secretary of State;]

(ii)

during hunting or recreational fishing activities;

(iii)

during cultural or sporting events;

(b)to poultry, rabbits and hares slaughtered outside of a slaughterhouse by their owner for his/her private domestic consumption.

Textual Amendments

Article 2U.K.Definitions

[F21.]For the purposes of this Regulation, the following definitions shall apply:

(a)

‘killing’ means any intentionally induced process which causes the death of an animal;

(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;

(c)

‘animal’ means any vertebrate animal, excluding reptiles and amphibians;

(d)

‘emergency killing’ means the killing of animals which are injured or have a disease associated with severe pain or suffering and where there is no other practical possibility to alleviate this pain or suffering;

(e)

‘lairaging’ means keeping animals in stalls, pens, covered areas or fields associated with or part of slaughterhouse operations;

(f)

‘stunning’ means any intentionally induced process which causes loss of consciousness and sensibility without pain, 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;

(h)

‘cultural or sporting events’ means events which are essentially and predominantly related to long established cultural traditions or sporting activities, including racing or other forms of competitions, where there is no production of meat or other animal products or where that production is marginal compared to the event as such and not economically significant;

(i)

‘standard operating procedures’ means a set of written instructions aimed at achieving uniformity of the performance of a specific function or standard;

(j)

‘slaughtering’ means the killing of animals intended for human consumption;

(k)

‘slaughterhouse’ means any establishment used for slaughtering terrestrial animals which falls within the scope of Regulation (EC) No 853/2004;

(l)

‘business operator’ means any natural or legal person having under its control an undertaking carrying out the killing of animals or any related operations falling within the scope of this Regulation;

(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;

(n)

‘depopulation’ means the process of killing animals for public health, animal health, animal welfare or environmental reasons under the supervision of the competent authority;

(o)

‘poultry’ means farmed birds, including birds that are not considered to be domestic birds but which are farmed as domestic animals, with the exception of ratites;

(p)

‘restraint’ means the application to an animal of any procedure designed to restrict its movements sparing any avoidable pain, fear or agitation in order to facilitate effective stunning and killing;

(q)

[F3‘competent authorities’ means competent authorities as defined in point (3) of Article 3 of Regulation [X1(EU) 2017/625] of the European Parliament and of the Council (1) ;]

(r)

‘pithing’ means the laceration of the central nervous tissue and spinal cord by means of an elongated rod-shaped instrument introduced into the cranial cavity.

(s)

[F4‘Appropriate Minister’ means:

(i)

in relation to England, the Secretary of State;

(ii)

in relation to Wales, the Welsh Ministers;

(iii)

in relation to Scotland, the Scottish Ministers;

(t)

‘third country’ means any country other than the British Islands.]

(u)

[F5for the meaning of ‘the appropriate authority’ see Article 2a.]

Editorial Information

Textual Amendments

[F6Article 2aU.K.Definition of Appropriate Authority

1.Subject to paragraph 2, ‘the appropriate authority’ means—

(a)for regulations applying in relation to England, the Secretary of State;

(b)for regulations applying in relation to Wales, the Welsh Ministers;

(c)for regulations applying in relation to Scotland, the Scottish Ministers.

2.‘The appropriate authority’ is the Secretary of State if consent is given by—

(a)for regulations applying in relation to Wales, the Welsh Ministers;

(b)for regulations applying in relation to Scotland, the Scottish Ministers.]

Textual Amendments

(1)

[F3Regulation [X1(EU) 2017/625] of the European parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) ( [X1OJ L 95, 7.4.2017, p. 1] ).]

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