EU 2099/2009 Scottish background info

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Regulation 1099/2009 mainly comprises technical rules that are directly applicable in all Member States. These give rise to changes in, for example: the scope of the legislation, licensing arrangements, management practices, operational practices, and stunning requirements. This consultation outlines in more detail what these changes are, provides a link to the Regulation for further information

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EU 2099/2009 Scottish background info

  1. 1. Implementation in Scotland ofEU Regulation 1099/2009 on theprotection of animals at the timeof killingConsultation Document29th August to 26th October 2012
  2. 2. ContentsEXECUTIVE SUMMARY 1 Background 1 The issue 1 Key points 1 Directly applicable measures 1 Certificates of Competence 2 Existing national rules 2 New national rules 3 Religious slaughter 3 Differences within the UK 3 Compulsory CCTV 4 Conclusion 4PART I – ABOUT THIS CONSULTATION 1 Topic of this consultation 1 Scope of this consultation 1 Geographical extent 2 Business and regulatory impact assessment 2 Audience 2 Body Responsible for the consultation 2 Duration 2 How to make an enquiry 2 The Scottish Government Consultation Process 2 Responding to this consultation paper 4 Handling your response 4 Next steps in the process 5 Comments and complaints 5PART II – BACKGROUND INFORMATION 6 Purpose and Scope of Regulation 1099/2009 6 Objectives for intervention 7 Previous consultation 8 Directly applicable measures in Regulation 1099/2009 8 Scope 9 Certificates of Competence 9 Guides to Good Practice 9 Animal Welfare Officer 9 Management practices 10 Operational practices 10 Stunning 10 Restraint 11 Slaughter for religious purposes 11 Scientific advice 11
  3. 3. Enforcement 11 National Rules 11 Falling out of Scope 12 Enforcement 12PART III – DETAILED IMPLEMENTATION PROPOSALS 14 Implementing regulations 14 Competent authority 14 Derogations 15 Guides to Good Practice 16 Certificates of Competence 16 Requirements 16 Training 17 Application for a Temporary CoC 17 Application for a CoC 18 Refusal, suspension and withdrawal of CoCs 19 CoC Transitional arrangements 19 Simplified  Procedure  for  three  years’  professional  experience 20 Falling out of Scope 22 National rules 23 Existing national rules 23 New stricter national rules 25 National Rule Differences between Devolved Administrations 28 Monitoring procedures and CCTV 28 Transitional measures 29 Enforcement 33 Administrative Sanctions 34 Welfare Improvement and Stop Notices 35 Amending or withdrawing a certificate of competence 36 Offences and penalties 36 Powers of entry 44 Appeals 45 Fees 45PART IV – ANY OTHER COMMENTS 47ANNEX 1: QUALIFICATION CERTIFICATE – PROPOSED MODULE TITLES 48 Bird unit groups 48 Mammal unit groups 49ANNEX 2: WASK PROVISIONS CONSIDERED TO PROVIDE MORE EXTENSIVEWELFARE PROTECTION THAN REGULATION 1099/2009 52 Birds for sale outside a slaughterhouse or knackers yard 52 Bleeding & pithing 52 Care and handling pre-slaughter 53
  4. 4. Certificate of Competence 54Gas - birds 55Gas – birds outside a slaughterhouse 56Gas - pigs 57Horses - facilities 58Horses - killing 58Lairage 58Maintenance 59Religious slaughter - animals 59Religious slaughter - birds 60Religious slaughter - general 61Restraint 61Slaughter for disease control 63Stunning 63Surplus chicks 64
  5. 5. Executive summaryBackgroundAnimal welfare at slaughter is currently protected by the Welfare of Animals (Slaughteror Killing) Regulations 1995 (WASK). This transposes Council Directive 93/119/EC onthe protection of animals at the time of slaughter or killing. On 1st January 2013 a newEU Regulation, 1099/2009 on the protection of animals at the time of killing, comes intoeffect, replacing Directive 93/119/EC. This was developed in light of scientificdevelopments, European Food Safety Authority opinions and public concern regardingpoor practice in some member states. Its aim is to improve welfare in several key areaswhilst ensuring a level playing field for business operators.The issueThis change in EU legislation means that WASK must be revoked, at least in part, andreplaced with new domestic legislation to implement and enforce Regulation 1099/2009.Regulation 1099/2009 mainly comprises technical rules that are directly applicable in allMember States. However, it adopts a more outcome-led approach than currentdomestic WASK legislation, setting out a number of overarching welfare requirementsthat must be met while giving relatively little detail on how this should be achieved. Thiscould potentially give rise to gaps in protection compared with current domesticlegislation. To offset this, Regulation 1099/2009 provides the option to retain nationalrules existing in domestic legislation in 2009 (when the Regulation came into force)and/or to introduce new national rules on slaughter outside a slaughterhouse, farmedgame, and religious slaughter where these go beyond the Regulation in terms ofprotecting animal welfare.This flexibility in how the Regulation is implemented is unusual and the ScottishGovernment must consider the public-good benefits, ethical considerations, and thefinancial costs to businesses attached to taking advantage of it. We must also considerthe most appropriate way of enforcing those directly applicable elements of theRegulation in Scotland. This Consultation is one method by which we shall gatherinformation to inform the final shape of the implementing legislation. The Consultation isrunning for 8 weeks from 29th August to 26th October 2012Key pointsDirectly applicable measuresRegulation 1099/2009 mainly comprises technical rules that are directly applicable in allMember States. These give rise to changes in, for example: the scope of the legislation,licensing arrangements, management practices, operational practices, and stunningrequirements. This consultation outlines in more detail what these changes are,provides a link to the Regulation for further information, but does not seek views on 1
  6. 6. these changes as we have no option but to implement them as they stand. However,work has been undertaken in conjunction with other UK Administrations on proposals formechanisms to implement these changes in a consistent manner across the UK; forexample on training, licensing mechanisms, enforcement, offences and penalties.Views on these aspects are being sought.Certificates of CompetenceOne aspect of the directly applicable measures that will be of particular interest is thetransition from WASK slaughter licences to Regulation 1099/2009 Certificates ofCompetence. The EU Regulation introduces a two-step approach to licensing, with arequirement to undergo training and assessment by a body free from any conflict ofinterest and to exchange the resulting qualification certificate for a Certificate ofCompetence. Under the new system, training and assessment to obtain a Certificate ofCompetence will be independent of the competent authority and will be delivered as aqualification in line with an agreed framework and awarded by independently accreditedorganisations. Crucially, the requirement for training and a Certificate of Competencewill be extended to those handling livestock prior to slaughter, including in lairage.The Scottish Government are working to provide a training framework for Scotland inline with the framework that will be made available in the rest of the UK. Both theframework and any Awarding Organisations will be accredited by the ScottishQualifications Authority. At this point, it is unlikely that courses will be available beforeDecember 2012; we acknowledge that this is far from ideal but propose a mechanism toallow existing workers requiring training under the new Regulation to continue workinguntil they can obtain that training. We are aware of the possible financial implications ofthis training requirement for small and remote businesses in particular and seek earlyviews on this.Until 8th December 2015, Regulation 1099/2009 allows Member States to establish asimplified approach to issue of Certificates of Competence for staff with three or more yearsrelevant professional experience. The Scottish Government intends to take full advantageof this opportunity in line with the rest of the UK and had been working with Defra and theother Devolved Administrations. Proposals are outlined and views are sought on these.Existing national rulesRegulation 1099/2009 allows Member States to maintain national rules existing whenthe Regulation came into force on 8 December 2009 where these provide moreextensive protection of animals at the time of killing than the minimum standardsprescribed by Regulation 1099/2009. There are a number of specific areas where theRegulation might be considered to set lower welfare standards than currently apply inthe UK - these are outlined in this consultation. The Scottish Government is committedto keeping regulatory burdens to a minimum and would not normally consider the use ofnational rules to supplement provisions in an EU regulation. However we are alsocommitted to securing good standards of animal welfare. For this reason, and afterinitial discussion with key stakeholders, our starting principle will be to maintain all 2
  7. 7. existing national rules that go beyond Regulation 1099/2009. The Scottish Governmentwill only consider proposals for the removal of specific national rules where there arevalid reasons to do so and where doing so does not compromise animal welfare. Thisconsultation provides you with an opportunity to propose the removal of existing nationalrules where you consider such action necessary.New national rulesRegulation 1099/2009 also allows the introduction of new stricter national rules toimprove welfare protection given to animals killed outside a slaughterhouse, farmedgame and animals killed by methods prescribed by religious rites. It is ScottishGovernment policy to avoid imposing unnecessary additional regulatory burdens onindustry. However, we are also committed to improving animal welfare. A number ofsuggestions for new stricter national rules have been made and inclusion of some or allof these suggestions in the implementing legislation will be considered on a case bycase basis where there is objective evidence that doing so will significantly improveanimal welfare. This consultation gives you the opportunity to comment on thesuggestions made to date, and to propose additional or alternative new stricter nationalrules in these three specific areas.Religious slaughterSlaughter without pre-stunning is permitted for religious purposes by Regulation1099/2009, but the conditions laid down for welfare protection in this situation are farbehind existing UK legislation. The Regulation does allow Member States to imposefurther conditions or even to ban the practice through national rules. There areobviously strong feelings from both perspectives as to how far this opportunity should betaken. No slaughter without stunning currently occurs in Scotland; however, the ScottishGovernment recognises the right of members of religious communities to eat meatprepared in accordance with their religious beliefs. We intend to maintain existingnational rules on religious slaughter. We will only consider new national rules wherethere is evidence of a likely beneficial impact on welfare and where to do so does notprevent the production of meat according to religious beliefs. This consultation providesan opportunity to comment on these proposals.Differences within the UKRegulation 1099/2009 is directly applicable to all Member States but the flexibilitysurrounding national rules means that there is the potential for differences between UKAdministrations in a number of areas. Feedback from Scottish stakeholders to datesuggests that there is a willingness to go much further to legislate to improve animalwelfare at slaughter in Scotland than appears to be the case in some other parts of theUK at present. We feel that this stance should be but we would not wish to createdifficulties for the Scottish industry when interacting with the rest of the UK industry.Views on this question are therefore sought. 3
  8. 8. Compulsory CCTVThere have been calls for the Scottish Government to make the use of CCTV inslaughterhouses compulsory. We acknowledge that CCTV could provide, alongsideother methods, inconspicuous monitoring; however it also has limitations. In addition, anFSA report (May 2012) recently found no significant variation in compliance levels withWASK between those premises with or without CCTV. We are aware that the ScottishParliament Cross Party Animal Welfare Group has convened a subgroup to take forwarda detailed survey on CCTV and we expect to receive recommendations from them,probably in autumn 2012. However, in order to fully appraise the proposal forcompulsory CCTV, we would also need to consider the burdens a regulatory approachwould place on small and medium size businesses, as well as the overall impact thatCCTV might have in reducing welfare abuses in slaughterhouses. Given the timeconstraints for implementing Regulation 1099/2009, we do not plan to pursue proposalsfor compulsory CCTV further at this time. However, we may re-visit the matter in futureshould there be clear objective evidence that making CCTV compulsory would have asignificant benefit to welfare monitoring beyond that of methods already available. Thisconsultation seeks views in that context.ConclusionThe Scottish Government appreciates that this is a long consultation document;however, we hope that you agree that this is not unnecessarily so. Implementing EURegulation 1099/2009 is a hugely complex project, and it is crucial that we get as muchinformation from stakeholders and people dealing with the day to day practicalities aspossible. We want to ensure that this Regulation is implemented in the most appropriateway for Scotland, and the Scottish Government would very much appreciate your help indetermining  what  Scotland’s  approach  should  be. 4
  9. 9. Part I – About this consultationTopic of this consultationThis consultation seeks views on proposals to implement EU Regulation 1099/2009 onthe protection of animals at the time of killing, in Scotland, with effect from 1 January2013.Animal welfare at slaughter is currently protected by the Welfare of Animals (Slaughteror Killing) Regulations 1995, which transposes Council Directive 93/119/EC. On 1 stJanuary 2013 a new EU Regulation, 1099/2009 on the protection of animals at the timeof killing, comes into effect, replacing Directive 93/119/EC. This was developed in lightof scientific developments, EFSA opinions and public concern regarding poor practice insome member states. Its aim is to improve welfare in several key areas whilst ensuringa level playing field for business operators.Scope of this consultationRegulation 1099/2009 mainly contains technical rules directly applicable in all MS;however, it provides the option to retain national rules existing in domestic legislation in2009 (when the Regulation came into force) and/or to introduce new national rules onslaughter outside a slaughterhouse, farmed game, and religious slaughter where thesego beyond the Regulation in terms of protecting animal welfare.This Scottish Government consultation aims to inform you of the key rule changesdirectly applicable to all Member States and to seek views on proposed legislation toimplement Regulation 1099/2009 (the Welfare of Animals at the Time of Killing(Scotland) Regulations 2012). This will: Establish measures to implement Regulation 1099/2009 in Scotland. Potentially maintain existing national rules where welfare standards are higher than those in Regulation 1099/2009. Potentially introduce new stricter national rules in relation to religious slaughter, slaughter outside a slaughterhouse and farmed game. Lay down transitional measures, penalties, sanctions and offences for breaches of Regulation 1099/2009 and stricter national rules.We are not asking for views on directly applicable elements; however, we are askingquestions regarding existing and new national rules; transitional measures; andpenalties, sanctions and offences. We are also taking this opportunity to seek views oncompulsory CCTV in slaughterhouses; however we are not planning to take further workon this forward at present. 1
  10. 10. Geographical extentThe new domestic regulations will apply in Scotland only. Separate implementingregulations will be made in England, Wales and Northern Ireland.Business and regulatory impact assessmentIt is intended to gather information relating to the likely impact of implementingRegulation 1099/2009 on businesses separately from this consultation. However, if youhave any issues that you would like to raise at this point you may do so at Consultationquestion 30: ‘Do  you  have  any  other  comments  on  the  implementation  of  Regulation  1099/2009 in  Scotland?’.AudienceAnyone may reply to this consultation. The Scottish Government would like to hear fromanyone with an interest including food business operators, livestock and poultry keepers,animal welfare organisations, veterinary interests, faith groups and members of thepublic.Body Responsible for the consultationThe  Scottish  Government’s  Animal  Welfare  Team  is  responsible  for  the  policy  and  this  consultation.DurationThis consultation started on 29th August 2012.This consultation closes on 26th October 2012.Please note that a consultation period of 8 weeks applies, reflecting previous face toface consultation with key stakeholders during March and April 2012 and therequirement to implement Regulation 1099/2009 by 1 January 2013.How to make an enquiryIf you have any queries relating to this consultation contact Pam Kennedy on 0300 2446673.The Scottish Government Consultation ProcessConsultation is an essential and important aspect of Scottish Government workingmethods. Given the wide-ranging areas of work of the Scottish Government, there aremany varied types of consultation. However, in general, Scottish Governmentconsultation exercises aim to provide opportunities for all those who wish to expresstheir opinions on a proposed area of work to do so in ways which will inform andenhance that work. 2
  11. 11. The Scottish Government encourages consultation that is thorough, effective andappropriate to the issue under consideration and the nature of the target audience.Consultation exercises take account of a wide range of factors, and no two exercises arelikely to be the same.Typically Scottish Government consultations involve a written paper inviting answers tospecific questions or more general views about the material presented. Written papersare distributed to organisations and individuals with an interest in the issue, and they arealso placed on the Scottish Government web site enabling a wider audience to accessthe paper and submit their responses. Consultation exercises may also involve seekingviews in a number of different ways, such as through public meetings, focus groups orquestionnaire exercises. Copies of all the written responses received to a consultationexercise (except those where the individual or organisation requested confidentiality) areplaced in the Scottish Government library at Saughton House, Edinburgh (K Spur,Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD, telephone 0131 244 4565).All Scottish Government consultation papers and related publications (e.g. analysis ofresponse reports) can be accessed at: Scottish Government consultations(http://www.scotland.gov.uk/consultations)The views and suggestions detailed in consultation responses are analysed and used aspart of the decision making process, along with a range of other available informationand evidence. Depending on the nature of the consultation exercise the responsesreceived may: indicate the need for policy development or review inform the development of a particular policy help decisions to be made between alternative policy proposals be used to finalise legislation before it is implementedFinal decisions on the issues under consideration will also take account of a range ofother factors, including other available information and research evidence.While details of particular circumstances described in a response to aconsultation exercise may usefully inform the policy process, consultationexercises cannot address individual concerns and comments, which should bedirected to the relevant public body.This consultation, and all other Scottish Government consultation exercises, can beviewed online on the consultation web pages of the Scottish Government website athttp://www.scotland.gov.uk/consultations.The Scottish Government has an email alert system for consultations,http://register.scotland.gov.uk. This system allows stakeholder individuals andorganisations to register and receive a weekly email containing details of all newconsultations (including web links). It complements, but in no way replaces SGdistribution lists, and is designed to allow stakeholders to keep up to date with all SG 3
  12. 12. consultation activity, and therefore be alerted at the earliest opportunity to those of mostinterest. We would encourage you to register.Responding to this consultation paperWe are inviting responses to this consultation paper by 26th October 2012To improve ease of analysis of the consultation responses we would be grateful if,where possible, you could use the online survey facility hosted by Questback, which canbe accessed via www.scotland.gov.uk/animal-slaughter. Please note that this facilitydoes not reliably allow you to save a part-completed consultation and return to it later.We therefore recommend that you fully consider this Consultation Document and all thequestions before sitting down to complete the on line survey.Alternatively, you may use the Consultation Questionnaire Word document supplied toprovide your response electronically by sending it, along with your completedRespondent Information Form (see "Handling your Response" below) to:AnimalWelfareConsultations@scotland.gsi.gov.ukHandwritten responses will be accepted, although the previous methods are preferable.Again, you should use the Consultation Questionnaire provided as this will aid ouranalysis of the responses received. Please send your response, along with yourcompleted Respondent Information Form, to:ConsultationAnimal Welfare TeamP SpurSaughton HouseBroomhouse DriveEH11 3XDPlease note that due to time constraints, responses not using either the onlineQuestback survey or the Consultation Questionnaire Word document provided may notbe considered in the analysis of this consultation.Handling your responseWe need to know how you wish your response to be handled and, in particular, whetheryou are happy for your response to be made public. If using the ConsultationQuestionnaire Word document, please complete and return the RespondentInformation Form enclosed with this consultation paper as this will ensure that we treatyour response appropriately. Similar questions will be asked as part of the Questbacksurvey. If you ask for your response not to be published we will regard it as confidential,and we will treat it accordingly.All respondents should be aware that the Scottish Government are subject to theprovisions of the Freedom of Information (Scotland) Act 2002 and would therefore have 4
  13. 13. to consider any request made to it under the Act for information relating to responsesmade to this consultation exercise. If appropriate, please explain why you need to keepdetails confidential. We will take your reasons into account if someone asks for thisinformation under Freedom of Information legislation. However, because of the law, wecannot promise that we will always be able to keep those details confidential.Next steps in the processWhere respondents have given permission for their response to be made public andafter we have checked that they contain no potentially defamatory material, responseswill be made available to the public (see the attached Respondent Information Form).These will be made available to the public in the Scottish Government Library and on theScottish Government consultation web pages by October 2012. You can makearrangements to view responses by contacting the SG Library on 0131 244 4552.Responses can be copied and sent to you, but a charge may be made for this service.Following the closing date, all responses will be analysed and considered along with anyother available evidence to help us reach a decision on how best to implement EURegulation 1099/2009 on the protection of animals at the time of killing, in Scotland. Weaim to issue a report on this consultation process and to lay legislation before theScottish Parliament by November 2012Comments and complaintsAn opportunity to provide comments on your experience of the consultation is providedas part of the consultation survey/questionnaire. Alternatively you may also send anycomments that you may have about how this consultation exercise has been conductedto  the  contact  details  in  the  ‘Responding  to  this  consultation’  section. 5
  14. 14. Part II – Background informationPurpose and Scope of Regulation 1099/2009Welfare at slaughter or killing is currently subject to the requirements of CouncilDirective 93/119/EC, which has been transposed in Great Britain by the Welfare ofAnimals (Slaughter or Killing) Regulations 1995 (WASK) as amended. In 2008 theCommission brought forward proposals to replace Directive 93/119 with a new EURegulation, which, unlike the EU Directive, contains legal obligations that are directlyapplicable and binding in their entirety in Member States. In proposing a Regulation theCommission’s  general  objectives  were  to  improve  the  protection  of  animals  at  the  time  of  slaughter or killing, while ensuring a level playing field for all business operatorsconcerned, so that their competitiveness is not affected by discrepancies in theirproduction costs or their market access.Regulation 1099/2009 on the protection of animals at killing was made by the EuropeanCouncil in September 2009 and comes into effect on 1 January 2013 (although somemeasures in relation to layout, construction and equipment in slaughterhouses do notcome into effect until December 2019 for existing slaughterhouses). The Regulation willbe directly applicable in all Member States including the UK. Directive 93/119 will berepealed when Regulation 1099/2009 comes into effect, except for specific articlessubject to transitional provisions and listed in the Regulation.Regulation 1099/2009 provides a legal framework to ensure that overarching welfareoutcomes are achieved, namely that the best possible welfare standards are achievedwhen killing animals in specific situations. The detail of how this will be achieved is oftenleft to business operators to dictate according to their local situation. This approachdiffers slightly to the current WASK regulation, which although it also establishesoverarching welfare requirements, gives additional detailed technical standards requiredfor key aspects of the slaughter process on the assumption that if these standards aremet, the required welfare outcomes will be achieved.Regulation 1099/2009 will apply to the killing of all animals bred and kept for theproduction of food, wool, skin, fur and other products in slaughterhouses and on farms,as well as to depopulation for disease control and to related operations. . It will ensurethat vertebrate animals (including poultry and fish, but excluding reptiles andamphibians) are spared any avoidable pain, distress or suffering at the time of killing.Animals (other than fish) must be killed by an approved method that leads to instantdeath or death after stunning. The only exceptions to this are where slaughter is carriedout in accordance with religious rites (e.g. Halal or Schechita), subject to any nationalrules in place in individual Member States, or where animals are killed in an emergency.Regulation 1099/2009 does not apply to animals killed during scientific experiments,hunting, recreational fishing, cultural or sporting events or to rabbits and poultryslaughtered outside a slaughterhouse by their owner for his/her private domestic 6
  15. 15. consumption. Some aspects of Regulation 1099/2009 only apply to slaughter activities.In this context it is important to note that Regulation 1099/2009 defines slaughter askilling for human consumption, not causing the death of an animal by bleeding as iscurrently the case under WASK.In Scotland, Regulation 1099/2009 will impact on the welfare of a significant number ofanimals slaughtered or killed annually: 55 million poultry 1.5 million sheep 645 thousand pigs 616 thousand farmed game 426 thousand cattle 196 goatsRegulation 1099/2009 will affect all 52 Food Business Operators (FBOs) in Scotlandinvolved in slaughtering pigs, poultry, cattle, sheep, farmed game and other species. Inaddition Regulation 1099/2009 will impact on the seasonal on-farm slaughter of poultry.It will also impact on 26,000 livestock/poultry farmers and others involved in killinganimals outside a slaughterhouse. There will be an impact on companies manufacturingequipment for use in slaughterhouses. Government agencies e.g. the Food StandardsAgency (FSA) and Animal Health Veterinary Laboratory Agency (AHVLA), which areresponsible for approving facilities, verification and enforcement activities andsupervision of depopulation operations, will also be affected. In addition, there is a widerimpact on society as members of the public generally expect the Scottish Government toensure that animals are treated humanely at the time of slaughter or killing.A copy of Regulation 1099/2009 can be found at:http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:303:0001:0030:EN:PDFA copy of WASK can be found at:http://www.legislation.gov.uk/uksi/1995/731/contents/madeObjectives for interventionThere are public good benefits and ethical considerations associated with the conduct ofanimal slaughter that provide  a  rationale  for  the  Government’s  involvement.    WhilstRegulation 1099/2009 is directly applicable to all Member States it also requires MemberStates to lay down rules on penalties and to take all measures to ensure they areimplemented. Penalties must be effective, proportionate and dissuasive. In addition,Article 26(1) of Regulation 1099/2009 allows Member States to maintain existingnational rules ensuring more extensive welfare protection than the minimum standardsprovided under Regulation 1099/2009 and Article 26(2) allows Member States to adoptnew national rules in relation to religious slaughter, slaughter outside a slaughterhouseand slaughter of farmed game. To avoid duplication of statutory requirements redundant 7
  16. 16. elements of the current legislative framework must be repealed where superseded byRegulation 1099/2009. These measures require Government intervention.Previous consultationThe Scottish Government held meetings with key representatives of the slaughter andfarming industries, religious communities and animal welfare organisations during Marchand April of 2012. These were intended to provide an overview of Regulation No1099/2009 on the protection of animals at the time of killing and to initiate discussion onany key issues to assist the Scottish Government (SG) with the production of a morefocused consultation paper.Directly applicable measures in Regulation 1099/2009Regulation 1099/2009 adopts an outcome-led approach. It sets out a number ofoverarching welfare requirements that must be met to ensure the welfare of animals isprotected when they are killed, but gives relatively little detail on how this should beachieved. It obliges any person, including business operators, to ensure that animalsare spared any avoidable pain, distress or suffering during their killing and relatedoperations and requires business operators to take measures to ensure that animals: Are provided with physical comfort and protection, in particular by being kept clean in adequate thermal conditions and prevented from falling or slipping. Are protected from injury. Are handled and housed taking into consideration their normal behaviour. Do not show signs of avoidable pain or fear or exhibit abnormal behaviour. Do not suffer from prolonged withdrawal of feed or water. Are prevented from avoidable interaction with other animals that could harm their welfare.Regulation 1099/2009 goes on to establish a framework for business operators to workwithin to ensure that these requirements are met; these requirements are all directlyapplicable in every Member State. However, although there is an element ofprescription, the Regulation provides a measure of flexibility for business operators todetermine how these requirements are met at an individual business level throughStandard Operating Procedures (SOPs).Current provisions in WASK also include a general welfare provision requiring personsto ensure that they do not cause or permit any animal to sustain any avoidableexcitement, pain or suffering. WASK then goes on to prescribe detailed rules for manyindividual aspects of the slaughter process, leaving business operators very littlediscretion in those areas as to how they meet this overarching requirement. However, insome areas e.g. electrical waterbath stunning parameters, Regulation 1099/2009 ismore prescriptive. 8
  17. 17. There is little difference in the overarching welfare outcomes that business operatorsmust achieve in relation to those activities where both Regulation 1099/2009 and WASKapply. However, Regulation 1099/2009 raises the standard of some of the existingwelfare outcomes required and adds new overarching welfare outcomes. As a result theRegulation requires a slightly higher standard of welfare to be achieved overall thanWASK but allows more flexibility in how that is achieved. In its final form, Regulation1099/2009 will introduce improved welfare protection in all Member States in a numberof areas.Regulation 1099/2009 introduces the following new, directly applicable obligations from1st January 2013:Scope Scope widened to include animals bred for production. Slaughterhouse definition altered and linked to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin.Certificates of Competence Two step approach introduced with a requirement to undergo training and assessment in specific areas related to the work being undertaken by a body free from any conflict of interest and to exchange the resulting qualification certificate for a Certificate of Competence. Provision for issuing Temporary Certificates of Competence to allow trainees to work under supervision. No time limit on validity of Certificate of Competence. Ensure bodies given delegated authority to issue a Certificate of Competence have the necessary expertise, staff and equipment. Establish a simplified approach to issue of Certificates of Competence, over the period to 8 December 2015, to staff with three or more years relevant professional experience.Guides to Good Practice Develop and disseminate Guides to Good Practice.Animal Welfare Officer Designate an Animal Welfare Officer for every slaughterhouse above a minimum size. Role of Animal Welfare officer redefined and must record action taken to improve welfare. Ensure every Animal Welfare Officer holds a Certificate of Competence for every activity for which he/she is responsible. 9
  18. 18. Management practices Any business operator carrying out killing and related operations falling under the scope of 1099/2009 must draw up and implement Standard Operating Procedures (SOPs). Must ensure all persons working with live animals (including lairage staff and live poultry hangers) in a slaughterhouse hold a Regulation 1099/2009-compliant Certificate of Competence. Manufacturers must provide instructions for the use of restraining and stunning equipment. Introduce and implement monitoring procedures in slaughterhouses. Derogation for depopulation reporting where welfare covered by Animal Disease notification System.Operational practices Pens in the lairage should have a sign showing time of arrival and maximum number of animals. Electric stimulation can be performed once unconsciousness has been verified. Must ensure  equipment  is  maintained  in  accordance  with  manufacturer’s  instructions   and a record is maintained. Prohibit the use of cervical dislocation and concussion for the routine slaughter poultry and restrict its use for slaughter under other situations Cervical dislocation limit increased to 70 birds per day where mechanical device used. Lines used to shackle live poultry must incorporate breast comforters. * Ensure birds are not be suspended live for more than: chickens, 1 minute; ducks, geese and turkeys, 2 minutes. *Stunning Simple stunning concept introduced where the stunning method used does not result in instantaneous death. Additional stunning checks introduced with a derogation for reliable methods. Percussive blow included as a permitted stunning method. Restrict the use of non penetrative captive bolt to animals of 10 Kg. Prohibit the use of decapitation as a method of stunning Use of biphasic CO2 and CO2 plus inert gases incorporated. Gas stunning methodology amended to incorporate use of Containerised Gassing Units. Constant current only required for automatic equipment associated with restrainers (Excluding poultry). Constant current requirement for waterbaths removed. Use specific currents and frequencies to stun poultry in an electric waterbath and head only stunning of named animals. Ensure automatic stunning equipment deliver a constant current. * 10
  19. 19. Ensure electrical and gas stunning equipment is fitted with a device to record key parameters and keep records for one year. *Restraint Instructions for use of restraining and stunning equipment to be published on the internet. Instructions to cover maintenance and operators to maintain a record of maintenance. Animal must not be restrained unless operator is ready to stun or bleed.Slaughter for religious purposes Ensure all animals slaughtered in accordance with religious rites are individually restrained. Ensure ruminants slaughtered in accordance with religious rites are mechanically restrained.Scientific advice National reference centre replaced by the need to ensure independent scientific support is provided.Enforcement Non compliance provisions strengthened to allow competent authority to require changes to Standard Operating Procedures.Note: * applies to existing slaughterhouses from 8 December 2019Member States have no discretion over the introduction of the directly applicable elementsof Regulation 1099/2009 and this consultation will not address them.National RulesThere are a number of areas where the agreed Regulation is less prescriptive and mightbe considered to set lower welfare standards than currently apply in the UK. Forexample, if WASK was completely revoked it would: Allow a third party to slaughter an animal outside a slaughterhouse for the owner’s  private  consumption. Permit small scale slaughter/killing of poultry and rabbits for direct supply. Permit killing of casualty animals by a knackerman, without a certificate of competence. Allow persons under 18 to apply for a certificate of competence. Restrict consideration of previous offences for certificate of competence purposes to last three years. Leave most aspects of religious slaughter unregulated, removing: the prohibition on inversion of cattle; the minimum period between neck cut and subsequent movement; and the requirements relating to the condition of the knife and the role 11
  20. 20. of the Rabbinical Commission (which currently trains and licences slaughtermen in Shochetim for the Jewish community). Remove the requirement that slaughter without stunning must be undertaken by a Jew or Muslim for the food of Jews or Muslims, respectively.Where the Regulation sets lower standards than those currently applying in individualmember states, Regulation 1099/2009 allows national rules to be used to maintain nationallevels of animal welfare protection existing when the Regulation came into force in 2009. Inaddition it allows the introduction of new stricter national rules to improve welfare protectiongiven to animals killed outside a slaughterhouse, farmed game and animals killed withoutprior stunning for religious purposes. This consultation concentrates on these discretionaryaspects of the implementation arrangements.Areas where it is considered that existing provisions in WASK go beyond Regulation1099/2009 are outlined in Annex 2.    It  is  the  Scottish  Government’s  intention  to  maintain  these provisions unless there are valid reasons for not doing so.Suggestions raised at meetings held with Stakeholders prior to this consultation forpotential new stricter national rules in the three areas permitted are outlined in relevantsections later in this document. It is Scottish Government policy to avoid imposingunnecessary additional regulatory burdens on industry and inclusion of some or all ofthese suggestions in the implementing legislation will be considered on a case by casebasis and only if there is objective evidence that doing so will significantly improveanimal welfare.Falling out of ScopeThere are a number of differences in scope between Regulation 1099/2009 and WASK. Asa consequence, if WASK was revoked entirely it would: Allow non stun slaughter of poultry, rabbits and hares outside a slaughterhouse by their owner for private domestic consumption. Remove current basic welfare protection for reptiles, amphibians and invertebrates (including crustaceans) where such animals are kept and killed for food.It  is  the  Scottish  Government’s  intention  to  maintain  the  existing  levels  of  animal  welfare  protection in these situations unless there are valid reasons for not doing so. TheScottish Government may lay separate secondary legislation under the Animal Healthand Welfare (Scotland) Act 2006 to achieve this.EnforcementRegulation 1099/2009 is directly applicable in UK law. However, to ensure that businessoperators comply with the obligations of Regulation 1099/2009 it is necessary for MemberStates to make domestic regulations to establish an effective enforcement regime withproportionate, dissuasive and effective penalties and sanctions. In addition it will benecessary to ensure that arrangements are in place to implement those aspects of 12
  21. 21. Regulation 1099/2009 which require Member State or competent authority input. Theseinvolve the requirement to: Encourage development of, and assess, Guides to Good Practice. Develop an action plan to ensure compliance with Regulation 1099/2009 during depopulation (i.e. disease control) activities. Ensure sufficient independent scientific support is available. Establish arrangements for issuing Certificates of Competence.There is a risk of infraction proceedings by the European Commission if the UK fails tomeet these requirements. 13
  22. 22. Part III – Detailed implementation proposalsImplementing regulationsThe Welfare of Animals at the Time of Killing (Scotland) Regulations 2012 (WATOK) willbe made under section 2(2) of the European Communities Act 1972. They will repealWASK in so far as it applies in Scotland with the exception of: The transitional measures (see below) retained in accordance with Article 28 and Article 29(1) of Regulation 1099/2009. The national rules retained in accordance with Article 26 (1) of Regulation 1099/2009Competent authorityScottish Ministers will be designated the competent authority for the purposes of: Assessing Guides to Good Practice drawn up by business operator organisations in accordance with Article 13(3). Developing and publishing Guides to Good Practice in accordance with Article 13(4). Establishing and implementing an action plan for any depopulation operation in accordance with Articles 18(1) and (2). Granting derogations from compliance with Regulation 1099/2009 in accordance with Article 18(3). Submitting a report to the European Commission on any depopulation operations carried out and publicising the report on the Internet in accordance with Article 18(4). Ensuring the availability of training courses in accordance with Article 21(1)(a). Approving training programmes and the content of the final examination in accordance with Article 21(1)(c). Delegating the organisation of training courses and final examination to a separate body or entity in accordance with Article 21(2) and publishing details of any delegation on the Internet. Publicising an up-to-date list of qualifications on the Internet which are recognised as equivalent to a certificate of competence in accordance with Article 21(7). Notifying a suspension or withdrawal of a certificate of competence granted outside the UK to the granting competent authority.The UK Secretary of State will act as the Member State for the purpose of: Forwarding to the Commission all Guides to Good Practice validated by the competent authority. (Article 13(5)). 14
  23. 23. Establishing or maintaining national rules for mobile slaughterhouses; adopting derogations from the rules set out in Annex II for mobile slaughterhouses; making amendments necessary to adapt Annex II to take account of scientific and technical progress. (Article 14(3)). Ensuring that sufficient independent scientific support is available (Article 20). Notifying penalty provisions to the Commission by 1 January 2013 and notifying of any subsequent amendment affecting them (Article 23).The Food Standards Agency, Animal Health Veterinary Laboratories Agency andScottish Ministers may act as the competent authority for the purposes of: Receiving documents or records in accordance with Articles 6(4) on Standard Operating Procedures, 9(1) on maintenance records for restraining and stunning equipment, and 17(5) on Animal Welfare Officer Records on action taken to improve animal welfare. Receiving and assessing information on the layout, construction and equipment of slaughterhouses supplied by the business operator in accordance with Article 14(2). Issuing and delivering Certificates of Competence attesting the passing of an independent final examination in accordance with Article 21(1)(b). Issuing temporary Certificates of Competence in accordance with Article 21(5); Taking steps in the event of non-compliance with the EU Regulation in accordance with Article 22(1).Consultation question 1. Do you agree with the suggested allocation of competentauthority and Member State responsibilities?DerogationsRegulation 1099/2009 permits the competent authority to derogate from any provision ofthe Regulation in exceptional circumstances where the competent authority considerscompliance is likely to affect human health or significantly slow down the process oferadication of a disease.It is proposed that a measure should be included giving effect to this derogation andwhich would require Scottish Ministers to introduce derogations by means of a noticewhich: Must be in writing; May be general or specific; May be subject to conditions; Must be published in such manner as Scottish Ministers think fit; and May at any time be amended, suspended or revoked in writing.For  the  purpose  of  this  provision  “disease”  would  be  defined  as  comprising  any  disease  of animals. This process could be used to authorise alternative killing methods notincluded at Annex 1 to Chapter 1 of Regulation 1099/2009. 15
  24. 24. Consultation question 2. Do you agree that derogations should be authorised inwording by Scottish Ministers should exceptional circumstances arise?Guides to Good PracticeRegulation 1099/2009 requires Member States to encourage the development anddissemination  of  Guides  to  Good  Practice  by  “organisations  of  business  operators”.  If  business operators fail to develop and submit Guides to Good Practice the competentauthority may develop and publish its own guidance in accordance with Article 13(4).We have no plans to develop guidance where organisations of business operators fail todo so. Where Guides to Good Practice are prepared, Regulation 1099/2009 requiresthem to be developed in consultation with NGOs, the competent authority and otherinterested parties. The competent authority is required to assess Guides to GoodPractice to ensure they are consistent with Community guidelines. Once validated bythe competent authority, guidance must be forwarded to the European Commission.The British Meat Processors Association and British Poultry Council are drafting GGPsfor red and white meat slaughter activities respectively. These documents are notcovered by this consultation but further information can be obtained from the BritishMeat Processors Association (Fiona Steiger at fs@bmpa.uk.com) and the British PoultryCouncil (Richard Griffiths at RGriffiths:Britishpoultry.org.uk) respectively.Certificates of CompetenceRequirementsArticle 7(2) of Regulation 109/2009 requires every person undertaking the followingslaughter operations to hold a Certificate of Competence (CoC) (where slaughter meanskilling for human consumption): The handling and care of animals before they are restrained. The restraint of animals for the purpose of stunning or killing. The stunning of animals. The assessment of effective stunning. The shackling or hoisting of live animals. The bleeding of live animals. The slaughtering in accordance with Article 4(4) (Religious slaughter). The supervision of the killing of fur animals (not relevant in Scotland)An Animal Welfare Officer must hold a CoC for every activity requiring a CoC for whichhe/she is responsible.Under Regulation 1099/2009, this requirement does not apply to the following operations Killing of production animals where they are not intended for human consumption, including culling and depopulation (killing of animals under the supervision of the 16
  25. 25. competent authority for public health, animal health, animal welfare or environmental reasons) Killing of poultry/rabbits/hares by owner for private domestic consumption Killing of animals by owner or person under supervision and responsibility of owner for own domestic consumption Killing  of  animals  outwith  the  definition  of  ‘animal’  (i.e., invertebrates, amphibians and reptiles)Article 11 of Regulation 1099/2009 also exempts persons involved in the slaughter ofsmall quantities of poultry, rabbits and hares for direct supply of meat to the finalconsumer or local retail establishments from the requirement to hold a CoC. However,application of this derogation is contingent on the maximum number of animals involvedbeing set by the Commission with assistance by the Standing Committee on the FoodChain and Animal Health. This has not yet been done and as a result, it has beenassumed that the requirement to hold a Certificate of Competence (and the othermeasures in Regulation 1099/2009 that apply to slaughterhouses) will apply to all on-farm slaughter involving a direct supply.TrainingArticle 21 of the Regulation 1099/2009 requires Certificates of Competence to attest thepassing of an independent final examination on subjects relevant for the categories ofanimals concerned and corresponding to specific operations. It allows competentauthorities to delegate the final examination and the issuance of the certificate ofcompetence to a separate body or entity that is independent and free from any conflict ofinterest in relation to assessment and issuing certificates. It also requires the competentauthority to ensure that bodies providing or organising training have the necessaryexpertise, staff and equipment.The Scottish Government are working to provide a training framework for Scotland inline with the framework that will be made available in the rest of the UK. Both theframework and any Awarding Organisations will be accredited by the ScottishQualifications Authority. At this point, it is unlikely that courses will be available beforeDecember 2012; we acknowledge that this is far from ideal. We can confirm that thecourse framework is likely to be largely similar to that provided elsewhere in the UK;provisional module titles for each sector are provided at Annex 1 for information. It isworth noting that while we are not anticipating any particular issue with the availability ofAwarding Organisations, the Scottish Government cannot guarantee that anyorganisations will come forward to take up this role in Scotland.Application for a Temporary CoCBefore applying for a Temporary CoC (TCoC) the applicant must register with anAwarding Organisation to undertake the accredited qualification for protecting thewelfare of animals at the time of killing. When applying for a TCoC, applicants will berequired to provide: 17
  26. 26. Details of the categories of animal, operations and, if appropriate, the type of equipment for which a TCoC is sought. A passport size photograph. Photo ID (e.g. passport or driving licence). Confirmation of registration on a training course with an Awarding Organisation which covers the categories of animal, operations and, if appropriate, type of equipment, for which a TCoC is sought. The application fee. A written declaration confirming he/she has not: o Committed any offences under EU or national law on the protection of animals in the three years preceding the date of application, o Held a previous TCoC for the same combination of species, operations and equipment. Further written details if the applicant has:- o Been convicted of any offences under EU or national law on the protection of animals prior to the three years preceding the date of the application. o Been refused a licence to slaughter or kill animals under the Slaughter of Poultry Act 1967, the Slaughterhouses Act 1974, any regulations made under those Acts or WASK. o Had any such licence to slaughter or kill animals revoked or suspended.The Scottish Government is proposing to keep the national rule, currently applied underWASK that all prior convictions of welfare offences under national or EU legislation willbe taken into consideration when assessing whether a person can be given a CoC(previously a slaughter licence). This goes further than the provision under Regulation1099/2009, which only requires applicants to declare welfare offences committed in last3 years. The Competent Authority will take past welfare convictions into account whendetermining whether a person is fit and proper to hold a CoC or TCoC.The person receiving the application (OV in approved slaughterhouses or AHVLAVeterinary Officer / FSA CoC processing team for other premises) will issue a receipt ofapplication permitting the person to work under supervision while the application isprocessed by the FSA and the TCoC is issued.Application for a CoCIf the applicant is working under a TCoC, he / she may apply for the TCoC to beconverted into a CoC. If a person wishes to continue working, this must be done beforethe TCoC expires. A second TCoC will not be issued unless exceptional circumstances(e.g. sudden illness) have prevented the applicant undertaking the final assessment.When applying for a full CoC the applicant will be required to provide: A qualification certificate from an Awarding Organisation (or a Licence to practice Shochetim from the Rabbinical Commission) confirming that he/she has been assessed as competent and indicating the species, operation and equipment to which it relates. 18
  27. 27. The application fee. A written declaration confirming he / she has not: o Committed any offences under EU or national law on the protection of animals in the three years preceding the date of application. o Held a previous TCoC for the same combination of species, operations and equipment. Further written details if the applicant has: o Been convicted of any offences under EU or national law on the protection of animals prior to the three years preceding the date of the application. o Been refused a licence to slaughter or kill animals under the Slaughter of Poultry Act 1967, the Slaughterhouses Act 1974, any regulations made under those Acts or WASK. o Had any such licence to slaughter or kill animals revoked or suspended.Refusal, suspension and withdrawal of CoCsThe Competent Authority may refuse to grant a TCoC or CoC if the applicant fails toprovide any of the required information listed above or if the Competent Authority issatisfied that the applicant is not a fit and proper person to hold a CoC or TCoC. Anapplicant will have the right to appeal any decision made by the Competent Authority torefuse to issue a TCoC or CoC. Awarding Organisations have separate procedures inplace to deal with appeals against assessment decisions. A decision to refuse a CoC orTCoC will be served on the applicant by a formal notice that will confirm the reasons forthe refusal and provide details of the right to appeal.The Competent Authority may also suspend or withdraw a CoC or TCoC if satisfied thatany provision of the EU Regulation or the new domestic regulations has beencontravened. As with decisions to refuse a CoC or TCoC, a decision to suspend orwithdraw a TCoC or CoC will be confirmed by a formal notice that will: Give reasons for the suspension or withdrawal. State when the suspension or withdrawal comes into effect and, in the case of suspension, state on what date or event it is to cease to have effect. Give details of the right of appeal against the decision.CoC Transitional arrangementsIt is proposed that specific arrangements should be introduced in relation to the issue ofCoCs for people in employment before 1 January 2013 and for some WASK licenceholders who can demonstrate that they have at least three years’ relevant professionalexperience. Under these arrangements: Anyone with a WASK licence issued before 1 st January 2010 will have until 8th December 2015 to apply for a CoC. Anyone with a WASK licence issued after 1st January 2010 who cannot demonstrate they have at least 3  years’  relevant  professional  experience  will   have until 1st July 2013 to apply for a CoC. 19
  28. 28. Anyone with a WASK licence issued after 1st January 2010 who can demonstrate they have at least 3  years’  relevant  professional  experience  will  have  until  8 th December 2015 to apply for a CoC. Anyone engaged in a lairage/handling operation before 1 st January 2013 who can demonstrate at least 3  years’  professional experience in that operation will have until 8th December 2015 to apply for a CoC, provided they obtain a transitional CoC before 30th January 2013. Anyone engaged in a lairage/handling operation before 1 st Jan 2013 who has less than 3  years’  professional experience in that operation will have until 1st July 2013 to apply for a CoC, provided they obtain a transitional CoC before 30 th January 2013.Under this approach: Current WASK licences will continue in force after 1st January 2013 on a time- limited basis All lairage workers and other persons involved in live animal handling who do not currently require a WASK licence will need to apply for a transitional CoC by 30 th January 2013, and provide: o Evidence that they were engaged in that operation before 1st January 2013. o A written declaration that they have not committed any welfare offences under EU or national legislation in the preceding 3 years. o Written details that they have not been convicted of any welfare offences at any point in time or previously been refused a licence.Simplified Procedure for three  years’  professional  experienceUntil 8th December 2015, Regulation 1099/2009 allows Member States to establish asimplified approach to issue of Certificates of Competence for staff with three or moreyears relevant professional experience. The UK intends to take advantage of this.Three  years’  professional  experience  is  not  defined  in  Regulation  1099/2009.  Definition of 3 years experienceFor clarification, it is proposed that three years relevant professional experience beinterpreted as follows: A  person  will  be  deemed  to  have  three  years’  relevant  professional   experience  if  they  have  accrued  at  least  3  years’  (720  days)  experience  in  a   relevant operation since 1st January 2008. Professional experience in this context is interpreted to mean carrying out a relevant operation in the course of employment or in a professional capacity for financial reward, but should exclude any experience gained whilst working under the supervision of a veterinary surgeon in accordance with a provisional licence granted under the Welfare of Animals (Slaughter or Killing) Regulations 1995. 20
  29. 29. When calculating experience accrued, a person must be able to demonstrate that the experience relates to the relevant operation, species of animal, and where relevant, categories of equipment for which a certificate of competence is sought. For certain operations (i.e. the handling and care of live animals before restraint), it is proposed that appropriate experience gained in a general husbandry context should be considered relevant experience for that type of operation.Three  years’  relevant  professional  experience must have accrued by the time Regulation1099/2009 comes into force on 1 January 2013. Applicants will be expected to sign adeclaration at the application stage confirming that they had accrued at least threeyears’  relevant  professional  experience  on  1  January  2013.   Applicants may be asked toprovide supporting evidence if appropriate, when they apply for a CoC / TransitionalCoC.Simplified procedureUnder the simplified procedure, persons that can demonstrate they have at least threeyears’  experience  in  an  operation will not have to submit a qualification certificate at theapplication stage, provided that they meet certain conditions. The conditions will varydepending on whether the applicant is an existing licence holder or a person that hasbeen employed in certain handling operations (e.g. lairaging, shackling, hoisting) that donot currently require a licence under WASK.For WASK licence holders the following conditions will apply and applicants mustprovide: A passport size photograph and photo ID Details of the species, operations and equipment to which their experience relates and for which a CoC is sought. A written declaration that they have at least three years’ professional experience in the relevant operations (and relating to the same species of animal and type of equipment). A written declaration they have not committed any welfare offences in the preceding three years. Written details confirming they have not been convicted of any welfare offences under EU or national legislation at any point in time or previously been refused a licence.For persons not currently required to work under a WASK licence the followingconditions will apply and applicants must provide: Be practically assessed by an authorised veterinarian who confirms that the person is competent to undertake the operations and has sufficient knowledge of all relevant legislation and guidance relating to that operation. 21
  30. 30. Submit written confirmation from the authorised veterinarian confirming a successful assessment in relation to the operations, species of animal and type of equipment for which a CoC is sought. Provide a passport size photograph and photo ID Provide a written declaration that they have at least three years’ professional experience in the relevant operation. Provide a written declaration that they have not committed any welfare offences in the preceding three years. Provide written details confirming they have not been convicted of any welfare offences under EU or national legislation at any point in time or previously been refused a licence.It is proposed that all provisional WASK licences issued in the last three months of 2012will cease to have effect on 1 January 2013. From that date persons will be expected toapply for a TCoC and undertake an assessment under the CoC arrangements.FeesFull cost recovery will apply to all aspects of the CoC arrangements including trainingand administration. Full details of the fees and costs involved are given in the latersection on fees. We are aware of the possible financial implications of trainingrequirements for small and remote businesses in particular. While data on this will begathered separately during investigations relating to the Business and RegulatoryImpact Assessment, we would appreciate any views you have on this at present.Consultation question 3. Do you agree with the suggested approach to introduce theRegulation 1099/2009 Certificate of Competence arrangements?Falling out of ScopeUnder Regulation 1099/2009 the following situations fall out of scope and no protection foranimal welfare is provided: Slaughter of poultry, rabbits and hares outside a slaughterhouse by their owner for private domestic consumption. Slaughter of reptiles, amphibians and invertebrates (including crustaceans) where such animals are kept and killed for food.It  is  the  Scottish  Government’s  intention  to  maintain  the  levels  of  animal  welfareprotection in these situations already existing in WASK unless there are valid reasonsfor not doing so. This may need to be by laying separate secondary legislation underthe Animal Health and Welfare (Scotland) Act 2006.Consultation question 4. Do you agree that none, some, or all of the existingprovisions in WASK relating to the specified situations that fall out of scope underRegulation 1099/2009 should be retained in legislation under the Animal Health and 22
  31. 31. Welfare (Scotland) Act 2006? Which, if any, provisions do you consider should beremoved and why? What alternative arrangements could be put in place?National rulesExisting national rulesThe Scottish Government is committed to keeping regulatory burdens to a minimum andwould not normally consider the use of national rules to supplement provisions in an EUregulation. However the Scottish Government is also committed to securing goodstandards of animal welfare. Regulation 1099/2009 allows Member States to maintainnational rules existing when the Regulation came into force on 8 December 2009 wherethese provide more extensive protection of animals at the time of killing than theminimum standards prescribed by Regulation 1099/2009.During the Stakeholder meetings conducted over March and April 2012, it wasrecognised that retaining such existing provisions in legislation would provide greaterprotection for animal welfare than adopting other measures, for example moving therelevant WASK requirements to Guidance to Good Practice. In-principle agreement wasreached by key representatives of slaughter and farming industries, religiouscommunities and animal welfare organisations that such existing national rules shouldbe retained in legislation unless there were valid reasons not to do so.The Scottish Government will therefore adopt this starting principle and will onlyconsider proposals for the removal of specific national rules where there are validreasons to do so and where doing so does not compromise animal welfare.The WASK provisions considered to provide more extensive protection than Regulation1099/2009 and that The Scottish Government propose to keep in legislation are listed atAnnex 2. Research funded by the Scottish Government in relation to poll stunning ofwater buffalo indicates that it might be possible to effectively stun these animals in thepoll position, where this is done in a slaughterhouse and the stun to sticking interval isvery short. We are not currently proposing any changes to permit poll stunning of waterbuffalo; however any views would be welcome.Consultation question 5. . Do you consider that none, some or all of the WASKprovisions identified at Annex 2 should be removed from legislation? Which, if any,provisions do you consider should be removed and why? What alternative arrangementscould be put in place?During the stakeholder meetings in March and April 2012, some existing national ruleswere singled out as worthy of particular consideration in this consultation:Inversion of animals – this is currently banned under WASK; however Regulation1099/2009 gives us the option of allowing inversion for religious slaughter. Two optionswere suggested during the stakeholder meetings: retain the existing WASK provisions,or revoke them and allow inversion up to a maximum of 90 degrees. Greater inversion 23
  32. 32. was not considered necessary by representatives of religious communities, whoconsidered this limited inversion little different from routine inversion to a horizontalposition for foot trimmng on farm. However, it should be noted that in a recent FAWCOpinion (April 2012), it was considered that there is consistent scientific evidence of thesignificant welfare disadvantages of inverting cattle for slaughter. Cattle inversion wasconsidered a direct cause of avoidable  pain,  distress  and  suffering  during  the  animal’s  killing and related operations. Evidence of a welfare benefit from inversion to 90degrees will therefore be required if we are to consider this option. Such considerationwill also need to take account of the report on restraining bovines by inversion whichRegulation 1099/2009 requires the Commission to submit by 8 December 2012.Consultation question 6. Do you consider that we should retain existing provisionsprohibiting any inversion of animals, or that we should allow inversion up to a maximumof 90 degrees for slaughter for religious purposes? Can you provide supportingevidence for your choice?Bleed time – WASK currently prohibits movement of animals killed without pre stunningbefore a specified number of seconds have passed (20s for goats, 30s for bovines, mostbirds 90s and turkey/goose 2 minutes) or the animal has stopped bleeding, which ever isthe longer. Regulation 1099/2009 has no such requirement. Two options wereproposed: retain the existing WASK provisions, or revoke them and add a new moresuitable stricter rule; for example, for bovines research1 indicates that a significantnumber of animals will remain conscious post cut for more than 30 seconds and somefor considerably longer. In view of this it has been suggested that the standstill period forcattle should be increased to 60 seconds..Consultation question 7. Do you consider that we should retain existing WASKprovisions on bleed time for non stun slaughter, or that we should revoke existingprovisions and replace with a more suitable provision as a new stricter rule? Why? Ifyou consider that existing provisions should be replaced, what should the new provisionentail?Targeting of non stunned meat to supply – WASK currently restricts religiousslaughter to slaughter by the Jewish method for the food of Jews and by the Muslimmethod for the food of Muslims. This targeting of supply has not previously beenenforced due to practical issues regarding traceability. Two options were proposed:revoke the provision in WASK as it is currently unenforceable, or retain the provision andfind a way to effectively enforce it.Consultation question 8. Do you consider that we should retain the existing WASKprovision requiring the targeting of non stun meat to Jewish and Muslim communities?Why? How do you think it could be effectively enforced?1 Time to collapse following slaughter without stunning in cattle. Neville Gregory Pages 66 – 69 Meat Science 2009.12.005Published May 2010. 24
  33. 33. Certificate of Competence requirements – WASK currently requires a slaughterlicence to be held by knackermen and any person undertaking culling and disposal onfarm, except in the case of certain activities that are excluded from this requirement (forexample killing with a free bullet, or killing a bird by kneck dislocation at the holding onwhich it was reared). Regulation 1099/2009 has no such requirement. Two optionswere proposed; retain existing WASK requirements for all sectors, or retain existingWASK requirements for some sectors and revoke for others where such provision is notconsidered a requirement to protect animal welfare.Consultation question 9. Do you agree that we should retain current WASKrequirements for a slaughter licence for culling and disposal of animals for knackermenand all farmers? Are there any sectors that you think existing provisions should berevoked for? If so, why and how would animal welfare be protected?Third party slaughter activities – Article 10 of Regulation 1099/2009 exemptsslaughter of an animal by a third party where the animal is for the owners own privateconsumption. Again it is proposed that the certificate of competence arrangementsshould be applied through national rules to this activity.Consultation question 10. Do you agree that we should retain current WASKrequirements for a slaughter licence for third party slaughter activities through nationalrules?New stricter national rulesRegulation 1099/2009 also allows the introduction of new stricter national rules toimprove welfare protection given to animals killed outside a slaughterhouse, farmedgame and animals killed by methods prescribed by religious rites. It is ScottishGovernment policy to avoid imposing unnecessary additional regulatory burdens onindustry. However, the Scottish Government is also committed to improving animalwelfare. A number of suggestions for new stricter national rules have been made andinclusion of some or all of these suggestions in the implementing legislation will beconsidered on a case by case basis where there is objective evidence that doing so willsignificantly improve animal welfare.Slaughter outside a slaughterhouseTo further protect and improve the welfare of animals slaughtered outside aslaughterhouse, it has been proposed that a number of new measures be adoptedthrough national rules: Clearer  definition  of  ‘small throughput’  (this  is  dependent  on  the  Commission   setting a figure). Clearer definition of emergency killing. Specification of electrical stunning parameters for geese . Requirement for a Certificate of Competence for slaughter for own consumption by the owner. 25
  34. 34. Provisions for the killing of backyard poultry (either for consumption or disposal). Provisions for farmed fish.Consultation question 11. Do you consider that none, some or all of the new nationalrules suggested on slaughter outside a slaughterhouse are required to protect thewelfare of animals? Which, if any, of the suggestions do you support? Please explainwhy and provide details of any suggestions.Consultation question 12. Do you have any other suggestions for new national ruleson slaughter outside a slaughterhouse? Please provide details.Consultation Question 13. Can you provide supporting evidence for the likely successof any of the suggested new measures on slaughter outside a slaughterhouse? Pleaseprovide details.Consultation question 14. Do you consider any of the suggested new measures forslaughter outside a slaughterhouse unlikely to work in practice? If so, why?Slaughter for religious purposesOver the last few years, considerable concern has been expressed by welfareorganisations and members of the public about the welfare of animals slaughteredwithout stunning in accordance with religious rites. The Scottish Governmentrecognises the right of members of religious communities to eat meat prepared inaccordance with their religious beliefs. The Scottish Government discussed the welfareof animals slaughtered without stunning in accordance with religious rites withrepresentatives of the Jewish and Muslim communities at the Stakeholder meeting inMarch 2012. The matter was also discussed with representatives of the slaughter andfarming industries and animal welfare bodies at other stakeholder meetings held duringMarch and April 2012. In addition to maintaining existing national rules, the ScottishGovernment wants to consider what steps might be taken to improve the welfare ofanimals slaughtered in this way.To protect and improve the welfare of animals slaughtered in accordance with religiousrites it has been proposed that a number of new measures be adopted through nationalrules: Slaughter without a pre-cut stun must only take place in a slaughterhouse (including poultry and rabbits slaughtered for private consumption), using equipment and operating procedures explicitly approved for that purpose as part of the official controls process in slaughterhouses under EU Regulation 854/2004 (This would replace the current Ministerial approval process for bovine restraining pens). An immediate post-cut stun must be administered for all bovine animals. 26
  35. 35. Before the neck cut the slaughterman must ensure the knife is surgically sharp, the blade is undamaged and the blade is at least twice the size of the neck. CCTV should be made mandatory in premises undertaking non stun slaughter for religious purposes. A clearer definition is needed for mechanical restraint. Manipulation of wounds should be specifically prohibited until the animal is dead. Non stun slaughter must only be carried out in the presence of a vet. SOPs for non stun slaughter must be presented to competent authorities for approval.Consultation question 15. Do you consider that none, some or all of the new nationalrules suggested on non stun slaughter for religious purposes are required to protect thewelfare of animals? Which, if any, of the suggestions do you support? Please explainwhy and provide details of any suggestions.Consultation question 16. Do you have any other suggestions for new national ruleson non stun slaughter for religious purposes? Please provide details.Consultation Question 17. Can you provide supporting evidence for the likely successof any of the suggested new measures on non stun slaughter for religious purposes?Please provide details.Consultation question 18. Do you consider any of the suggested new measures onnon stun slaughter for religious purposes unlikely to work in practice? If so, why?Consultation question 19. Do you consider that none, some or all of the new nationalrules suggested on non stun slaughter for religious purposes will impact on members ofthe Muslim and/or Jewish communities’  ability  to  eat  meat  prepared  in  accordance  with  their religious beliefs? If so, which and how?In Scotland, slaughter for supply of Halal meat currently involves recoverable stunning(where the animal will recover post stun if no further intervention is made to cause thedeath of the animal) The government supports this from a welfare perspective and doesnot wish to see implementation of Regulation 1099/2009 jeopardise this approach. Ifrecoverable stunning is voluntarily undertaken in relation to slaughter in accordance withreligious rites, the application of Article 4(4) of Regulation 1099 means that none of thedetailed stunning method specifications in Chapters I and II of Annex I to Regulation1099/2009 will automatically apply. As a consequence and, in the absence of nationalrules, recoverable stunning undertaken in the context of religious slaughter wouldeffectively be unregulated. In view of this it is proposed that the methods specified inChapter I of Annex 1 and the Specific Requirements at Chapter II to Annex 1 should beapplied for the purposes of stunning undertaken in conjunction with slaughter inaccordance with religious rites, through national rules.Consultation question 20. Do you agree that the Regulation 1099/2009 stunningrequirements and procedures should apply where an animal is stunned where slaughter 27
  36. 36. takes place in accordance with religious rites? Why? Do you have any suggestions foralternative stunning parameters, and can you support your suggestions with evidence oftheir effectiveness in inducing recoverable stunning?Farmed GameDuring the stakeholder meetings held in March and April 2012, the current WASKprovisions were considered to provide adequate protection for the welfare of farmedgame at slaughter. No new rules have been proposed regarding the slaughter of farmedgame.Consultation question 21. Do you have any suggestions for new national rules on theslaughter of farmed game? Can you provide supporting evidence for the likely successof your suggestion(s)? Please provide details.National Rule Differences between Devolved AdministrationsDuring the stakeholder meetings in March/April 2012, there were some concerns raisedregarding potential problems arising from national rules differing between different partsof the UK; however no specific issues were highlighted. The Scottish Governmentacknowledges the close industry ties between UK countries and aims to be consistentwith the rest of the UK where possible and appropriate. However feedback fromScottish stakeholders to date suggests that there is a willingness to go much further tolegislate to improve animal welfare at slaughter in Scotland than appears to be the casein some other parts of the UK at present. We feel that this stance should be supported;however, we would not wish to create difficulties for the Scottish industry wheninteracting with the rest of the UK industry.Consultation question 22. Do you consider that national rules in Scotland that differfrom those in the rest of the UK would create problems for Scottish industry? Pleaseexplain why.Monitoring procedures and CCTVRegulation 1099/2009 requires business operators to implement monitoring proceduresin slaughterhouses to ensure that animals do not present any signs of consciousness orsensibility in the period between the end of the stunning process and death. No furtherguidance has been provided on how these monitoring checks should be undertaken.We have reviewed the case for compulsory CCTV to help meet the Regulation1099/2009 monitoring requirements. It is not possible to require installation of CCTVunder  the  “stricter  national  rules”  provisions  in  Regulation  1099/2009  because  it  is  not  possible to adopt new national rules unless they relate to one of the three distinct fieldsidentified i.e. religious slaughter, on-farm slaughter and killing of farmed game. It wouldbe possible to make regulations requiring compulsory installation of CCTV inslaughterhouses under the Animal Health and Welfare (Scotland) Act 2006, “for  the  purpose of securing the  welfare”  of  the  animals  at  or  immediately  before  the  time  of   28
  37. 37. slaughter. CCTV could provide, alongside other methods, inconspicuous monitoring;however it also has limitations.Many slaughterhouses have, or are in the process of, installing CCTV on a voluntarybasis and it might therefore be useful to look at the case for additional regulation in thatcontext. On 22nd May 2012, the FSA published a report on an animal welfare surveythat they conducted from 19 to 25 September 2011 in slaughterhouses in GB, whichincluded questions regarding the use of CCTV in key areas within slaughterhouses(stunning area, bleeding area, and unloading and lairage areas). They found nosignificant variation in compliance levels with WASK identified between those premiseswith or without CCTV. The Scottish Parliament Cross Party Animal Welfare Group haveconvened a subgroup to take forward a more detailed survey of existing arrangements inplace for CCTV in Scotland and views on action that should be taken in future. Thissurvey was issued to 43 abattoirs, butchers and processors in Scotland on 24 th May2012 with a request that responses are returned by the end of June 2012. It is likely thatthe subgroup will make recommendations to the Scottish Government, probably inautumn 2012.In order to fully appraise the proposal for compulsory CCTV, in addition to theinformation from these surveys, the Scottish government would also need to considerthe burdens a regulatory approach would place on small and medium size businesses,as well as the overall impact that CCTV might have in reducing welfare abuses inslaughterhouses. Taking account of these considerations, the potential stimulus thenew monitoring requirements in Regulation 1099/2009 will have in relation to voluntaryuptake post-January 2013, and the time constraints for implementing Regulation1099/2009, we do not plan to pursue proposals for compulsory CCTV further at thistime. However, we may re-visit the matter in future should there be clear objectiveevidence that making CCTV compulsory would have a significant benefit to welfaremonitoring beyond that of methods already available. We would welcome your views inthat context.Consultation question 23. Do you consider that business operators should remain freeto adopt the most appropriate monitoring tools for their individual circumstances? Why?Consultation question 24. Can you provide objective evidence of a likely significantbeneficial impact that compulsory CCTV would have on welfare monitoring beyond thatof methods already available? Please provide details.Transitional measuresRegulation 1099/2009 repeals Directive 93/119/EEC, which WASK transposed;however, until 8 December 2019 the provisions in Regulation 1099/ 2009 in relation tolayout, construction and equipment in slaughterhouses only apply to newslaughterhouses and layout. For existing slaughterhouses the following provisions ofDirective 93/119/EEC continue to apply until 8 December 2019: 29
  38. 38. Annex A: paragraph 1 of Section I; paragraph 1 and the second sentence of paragraph 3 and paragraphs 6, 7, 8 and the first sentence of paragraph 9 of Section II; 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. To ensure the required Directive 93/119 provisions remain in force the following WASK provisions will remain in force until 8 December 2019.WASK Provisions Retained until 8 December 2019Schedule 2 Part 1 General requirements for all slaughterhouses and knackersyards1. The occupier of a slaughterhouse or knackers’ yard shall ensure that-- (b) it has suitable equipment and facilities available for the purpose of unloadinganimals from means of transport, save that any occupier of a slaughterhouse or knackers’yard which was in operation before 1st July 1994 need not comply with this requirementuntil 1st January 1996;Schedule 2 Part II Additional requirements for slaughterhouses or knackers yardsto which animals are delivered other than in containers2. In addition to requirements of paragraph 1 above, the occupier of a slaughterhouse orknackers’ yard to which animals are delivered other than in containers shall ensure that--(a) any equipment for unloading such animals is of a suitable height and design for that purpose, has non-slip flooring and, if necessary, is provided with lateral protection;(b) any bridge, ramp and gangway is fitted with sides, railings or some other means of protection to prevent animals falling off them;(c) any exit and entry ramp has the minimum possible incline;(d) all passageways are so constructed as to minimise the risk of injury to any animal and so arranged as to take account of the gregarious tendencies of the animals which use them; andSchedule 2 Part II Additional requirements relating to lairages other than fieldlairages3. The occupier of a slaughterhouse or knackers’ yard to which animals are deliveredother than in containers shall ensure that--(a) the slaughterhouse or knackers’ yard is equipped with a sufficient number of pens for adequate lairaging of the animals with protection from the effects of adverse weather conditions; 30

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