Advanced Search

Decree Of 31 July 2012 On The Conditions Of Issue Of The Certificate Of Competence Concerning The Protection Of Animals In The Framework Of Killing

Original Language Title: Arrêté du 31 juillet 2012 relatif aux conditions de délivrance du certificat de compétence concernant la protection des animaux dans le cadre de leur mise à mort

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Information on this text




JORF n°0193 of 21 August 2012 page 13627
text No. 19



Judgment of 31 July 2012 on the conditions for the issuance of the certificate of competence for the protection of animals as part of their death

NOR: AGRG1231268A ELI: https://www.legifrance.gouv.fr/eli/arrete/2012/7/31/AGRG1231268A/jo/texte


Public concerned:
- personal slaughter establishments responsible for operations between the unloading and suspension of the animal for dressing;
- responsible for animal protection of slaughter establishments;
― personal fur animal breeding supervised death.
Subject: Certificate of jurisdiction "protection of animals in the context of their death", provided for in Regulation (EC) No 1099/2009.
Entry into force: the text comes into force on the day after its publication.
Notice: This Order sets out the French device for the issuance of the Certificate of Competence "Protection of Animals as part of their death". This proficiency certificate attests to the staff's ability to perform animal death and related operations in accordance with animal protection regulations. Its delivery by the prefect is subject to training requirements and a successful evaluation.
References: This Order is available on the website Légifrance (http://www.legifrance.gouv.fr).
Minister of Agriculture, Agri-Food and Forestry,
Considering Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of their death;
Given the rural code and the maritime fisheries, including its articles R. 214-63 to R. 214-81,
Stop it!

Article 1 Learn more about this article...


For the purposes of this Order, the following means:
(a) Animal protection officer: the person responsible for the well-being of animals referred to in section 17 of Regulation (EC) No 1099/2009, designated by the operator of each slaughter facility, slaughtering at least 1,000 livestock units or 150,000 poultry or rabbits per year, to assist the operator in ensuring compliance with animal protection measures at the time of their death and related operations;
(b) Operator: in slaughter establishments, any person who performs the slaughter of the animals or the related operations within the scope of the above-mentioned regulations such as, for example, manipulation, routing, accommodation, immobilization, dizziness, stalling, hissing, bleeding, or death-laying; or in the establishments for direct supervision of the fur
(c) Certificate of jurisdiction "protection of animals as part of their death": the certificate of competence provided for in Articles 7 and 21 of Regulation (EC) No 1099/2009;
(d) Evaluation: review within the meaning of Regulation (EC) No 1099/2009.

Article 2 Learn more about this article...


The certificate of jurisdiction "protection of animals as part of their death" is granted to persons following the follow-up of a training on the protection of animals as part of their death under section 21 of the above-mentioned regulations and the success of an assessment.
The ongoing professional training action on animal protection as part of their death penalty is assimilated to a skill adaptation action, in accordance withArticle L. 6313-1 of the Labour Code. It is provided by training providers authorized by the Minister responsible for agriculture under the conditions set out in section 3 of this Order.
Training conducted by an evaluation test is the training action. The training is divided into modules that are available according to the categories of personnel, animals, operations and dizziness equipment defined in Appendix I. For operators, each training action may not have a duration of less than seven hours for a class of animals, in addition to three hours per additional major category of animals and one hour per additional minor category of animals as defined in Appendix I. In the case of training of operators in "handling and care" operations for the category of "fowl" animals, the total duration of the training action can be reduced to four hours.
For animal protection officials, each training action may not have a duration of less than 14 hours for a category of animals, in addition to three hours per additional major category of animals and one hour per additional minor category of animals. Upon completion of the training action, the training provider delivers a training certificate in accordance with theArticle L. 6353-1 of the Labour Code. This training certificate mentions the categories of personnel, animals, operations and equipment involved in the training.
The duration of the evaluation cannot exceed ninety minutes.

Article 3 Learn more about this article...


With a view to its empowerment, the training provider addresses an enabling application file jointly with the General Directorate of Education and Research and the General Directorate of Food, in electronic format via the institutional electronic address of the animal protection office to the General Directorate of Food.
The training provider also sends a copy of this file to the (regional) Directorate of Food, Agriculture and Forestry of the place of domicile of which its head office depends, which provides an opinion on the application and transmits it to the institutional electronic address of the animal protection office to the general management of the food.
The training provider, whose head office is located in another Member State of the European Union or in a State Party to the Agreement on the European Economic Area, transmits the copy of the application file for authorization to the regional management of food, agriculture and the forest of the place of domicile of its representative in France and authorized to respond on behalf of the French regulatory authorities.
The occasional training provider, whose head office is located in another Member State of the European Union or in a State party to the agreement on the European Economic Area, addresses a request file for empowerment only to the general direction of education and research and to the general direction of food, in electronic format via the institutional electronic address of the animal protection office to the general direction of food.
The enabling application file consists of the following:
(a) An enabling application form;
(b) Each of the training programs on animal welfare issues, in reference to Schedule IV of Regulation (EC) No. 1099/2009, and their durations;
(c) The presentation of educational, technical and managerial means implemented;
(d) A copy of the file submitted to the trainee in accordance with theArticle L. 6353-8 of the Labour Code ;
(e) The list of stakeholders, their skills in animal welfare training and training materials.
The training provider undertakes to respect the following specifications:
(a) Implement the technical and managerial capacity required for the administration of the evaluation in accordance with the regulations specified in Annex I;
(b) Communicate without delay any changes relating to the elements of the enabling application file referred to in this article via the institutional address of the Animal Protection Office to the General Directorate of Food;
(c) To provide, before 31 March of each year, an assessment of its training activities under this Order to the regional management of food, agriculture and the forest, which is dependent on its head office;
(d) Please specify the validity period of its authorization and the training action associated with it as soon as it communicates on its authorization.
Enabling is issued by the Minister responsible for agriculture within three months of the complete receipt of the file, for a period of five years. Enabling may be suspended or withdrawn in the event of a finding by the agents referred to in Article L. 205-1 of the Rural Code and the Maritime Fishing of non-compliance with one or more criteria for granting the enabling or non-adequacy of the content of training actions with animal protection rules.
The list of qualified training providers is published by order of the Minister for Agriculture.

Article 4 Learn more about this article...


The knowledge assessment program required to obtain the Certificate of Competence is listed in Appendix II.
The evaluation is organized as a multi-choice questionnaire whose correction is automated. The assessment regulations are set out in Appendix I.
The evaluation is organized following the training by the qualified training provider, based on a list of issues drawn by lot by the computer tool.
In the event of failure, the candidate may be represented once in the evaluation without having to follow a new training action. In the event that the candidate holds a temporary certificate of jurisdiction as defined in section 6, the new assessment shall take place before the expiry of the certificate.

Article 5 Learn more about this article...


The application for a certificate of jurisdiction is addressed to the prefect of the applicant's home department. The application file consists of the following documents:
― the application form for a certificate of jurisdiction "protection of animals as part of their death" duly completed;
― the training certificate in the sense ofArticle L. 6353-1 of the Labour Code ;
– the scorecard attesting to the success of the corresponding evaluation.
The Certificate of Competence is issued by the Prefect for a period of five years, for the categories of personnel, animals, operations and equipment mentioned. At the end of this period, the certificate may be renewed according to the same procedure for the same duration: for animal protection officials subject to the follow-up of a new training session provided by a qualified training provider and the success of the evaluation and for operators subject to the follow-up of a new training session provided by a qualified training provider, but without an evaluation requirement.
In the event that an operator or animal protection officer already holds a certificate of competence "protection of animals as part of their death" for one or more categories of animals, operation and dizzying equipment wishes to obtain a certificate of competence for other classes of animals, operation or dizzying equipment, he or she shall attend at least the trainings corresponding to these new categories, and shall iron the evaluation of all types of animals, operations or equipment.
In the event of success in the evaluation, the applicant may, as described in this section, file a certificate application for the relevant new categories. This new certificate will be issued for a period of five years.
The certificate of jurisdiction may be suspended or withdrawn by the prefect, under the conditions provided for in Article L. 206-2 of the Rural and Maritime Fisheries Code, if it appears a failure of the holder of the certificate to the provisions of Article L. 214-3 of the Rural and Maritime Fisheries Code.

Article 6 Learn more about this article...


Any person registered at a training session and working in the presence and under the direct supervision of another person holding a certificate of competence issued for the same categories of animals, operations and equipment of dizziness may obtain a certificate of temporary jurisdiction, of a validity of three months, not renewable for the same categories, pending training, success in the evaluation and obtaining of the certificate of competence. The application file for a temporary certificate of jurisdiction consists of the application form and the training registration form.

Article 7 Learn more about this article...


Certificates of jurisdiction issued by other Member States are recognized for the categories of animals, operations and equivalent dizziness materials. The administrative authority may reserve the right to require translation into the English or French language.

Article 8 Learn more about this article...


Any operator with at least three years of professional experience as of January 1, 2013 relating to the categories of animals, operations and swirling equipment defined in section 2 may obtain a "operator" transitional competency certificate. This certificate exempts the certificate of jurisdiction "protection of animals as part of their death" until December 8, 2015. For operators working within the framework of the exemption provided for in I-1 of Article R. 214-70 of the Rural and Maritime Fisheries Code, the validity of the Transient Operator Proficiency Certificate ends on December 31, 2013. The application file for an operator transient proficiency certificate is made up of an application form and a copy of its professional experience supporting documentation. The issuance of this certificate does not exempt the operator from having to present these evidence on any requisition of official inspection officers.
Any animal protection officer who has completed at least one day of the training provided for in Article 2 of this Order before April 1, 2013 on the categories of animals, operations and dizzying equipment defined in Article 2 may obtain a transitional certificate of competence "responsible animal protection", valid until December 31, 2013, pending the monitoring of the completion of the training, the success of the evaluation and the obtaining of the certificate. The application file for a transitional Certificate of Competence "Terror Protection" consists of an application form and a copy of the partial training follow-up certificate.
A simplified procedure for applying for a temporary and transitional certificate of jurisdiction by the employer institution will be defined by an instruction by the Minister for Agriculture published in the Official Bulletin of the French Republic.

Article 9 Learn more about this article...


Section 10 of the Order of December 12, 1997 relating to the processes of immobilization, dizziness and death of animals and the conditions of animal protection in slaughterhouses is repealed.
This section comes into force on 1 January 2013.

Article 10 Learn more about this article...


The Director General of Food, the Director General of Education and Research and the Prefects are responsible, each with respect to him, for the execution of this Order, which will be published in the Official Journal of the French Republic.

  • Annex



    A N N E X E S
    A N N E X E I
    CATEGORY OF THE COMPETENCE CERTIFICATE
    OF ANIMALS IN THE FRAMEWORK MISE TO MORT »
    Staff categories


    There are two categories of candidates: operator and animal protection manager.


    Animal categories


    The eight animal categories are classified into two groups:
    Major categories of animals:
    1. Bovins, teamed up.
    2. Ovins, caprins.
    3. Porks.
    4. Poultry.
    5. Lagomorphs, rodents.
    6. Fur animals.
    Minor categories of animals:
    7. Ratites.
    8. Cervidés, bison.


    Categories of operations


    With the exception of the fur animal category, each animal category corresponds to several categories of operations:
    (a) Handling and animal care: related to unloading, reception, identification, housing, recovery and entry into the contention box.
    (b) Death after dizzying: relates to capital operations, dizziness, shaking-up, and bleeding.
    (c) Full slaughter without dizziness: this type of operation cannot be selected independently of the category being put to death.


    Screw equipment categories


    In the category of operation put to death correspond to three categories of dizzying equipment:
    b1. Mechanical spinning equipment.
    b2. Electric dizziness equipment.
    b3. Screw equipment by gas exposure.


    Evaluation Regulations


    The assessment of knowledge is conducted on an identical procedure and assessment procedures across the territory. It is made up of a multi-choice QCM (multiple-choice questions) whose correction is automated.
    The test is individual. To this end, a computer with internet connection is made available to each candidate the time of the test.
    The event takes place in a limited time. It is preceded by an initiation phase that allows the candidate to become familiar with the tool, to facilitate his/her grip.
    The training provider ensures the proper conduct of the evaluation. It informs by mail at least one week in advance the regional management of food, agriculture and the forest of the place where the evaluation takes place, the number of candidates and the categories evaluated. An officer of this management may attend the evaluation as appropriate.


    Evaluation phase


    The evaluation phase is based on a question bank covering all categories of the competency certificate.
    The candidate has the opportunity to present himself to the assessment for one or more categories of animals for which he or she chooses one or more categories of operations and, where applicable, of dizzying material. The applicant responsible for animal protection must submit to the assessment for all categories corresponding to the activity of the establishment in which it is employed.
    A set of questions is randomly drawn for each candidate. This draw is oriented to cover the categories for which the candidate has been trained and wishes to obtain the Certificate of Competence: for each category of animals chosen, the candidate will have to indicate the category or categories of operations and dizzying equipment that he or she requests.
    The number of questions depends on the number of modules selected as shown in Table 1 below. A module corresponds to a grey box in Table 2.


    Table 1: Number of questions per candidate




    ANIMAL CATEGORIES
    MODULES
    animal operation requested
    STANDARD OF MATTERS
    by operator candidate
    STANDARD OF MATTERS
    RPA candidate

    Numbers 1, 2, 3, 4, 5, 7, 8

    1

    20

    Not applicable


    2

    30

    40, including 10
    on specific RPA themes


    3 and more

    40

    50, including 10
    on specific RPA themes

    No. 6 Fur animals

    1

    40

    Not applicable




    Table 2: Evaluation modules for animal categories 1, 2, 3, 4, 5, 7 and 8



    You can consult the table in the
    JOn° 193 of 21/08/2012 text number 19



    Correction phase


    It's automated. The number of good answers required to obtain the certificate of success to the evaluation is determined by ministerial instruction.


    Ergonomics of the device


    The device, which takes the form of a software accessible by identifier and password specific to the authorized training provider on a secure website, is designed to facilitate the ownership by people with no notion of computing.


    A N N E X E I
    EVALUATION PROGRAMME ON A PROTECTION
    IN THE FRAMEWORK


    The candidate's knowledge assessment program addresses the following topics listed. This program is to decline according to the species and the type of animal. It focuses on three areas of knowledge to ensure the well-treatment of animals and to avoid ill-treatment:
    Knowledge of the animal and the fundamental principles determining a favourable interaction between the operator and the animal in the current practice.
    Knowledge of regulations related to conduct in current situations.
    Knowledge of the technical gesture.


    I. - Handling and animal care


    General concept of animal protection and animal welfare (the five freedoms).
    Animal behaviour.
    Physiology (biological needles) applied to manipulation and death.
    Suffering and stress of animals.
    Consciousness and sensitivity of animals.
    Regulatory aspects.
    Sort on arrival and pet accommodation.
    Wandering and driving animals.
    Manipulation and contention in respect of animal welfare.
    Leads to be held in the presence of special cases (injured, unsavened, etc.).
    Prohibited manipulations.


    II. - Death


    General concept of animal protection and animal welfare (the five freedoms).
    Animal behaviour.
    Physiology (biological needles) applied to manipulation and death.
    Suffering and stress of animals.
    Consciousness and sensitivity of animals.
    Regulatory aspects.
    Animal immobilization: obligations and practical aspects.
    Screw techniques: bonds and practical aspects.
    Evaluation of the effectiveness of the dizziness: mandatory controls, practical realization of the verification of unconsciousness and insensitivity, emergency dizziness.
    Practical aspects of the bleeding: swirling interval, anatomy and gesture.
    Equipment: operating principles, use, control and maintenance of equipment.
    Control of the absence of signs of life.
    Conduct to be held in special cases.


    III. ― Complete slaughter without dizziness


    Regulatory aspects. Conditions for derogation from the bond of dizziness.
    Animal immobilization: obligations and practical aspects.
    Practical aspects of bleeding without dizziness.
    Postjugulation period management: duration of loss of consciousness, assessment of unconsciousness and insensitivity, emergency dizziness.
    Control of the absence of signs of life.


    IV. ― Additional Topics for the Responsible
    animal protection (ERP)


    With respect to the animal protection officer, the audit of the mastery of additional knowledge is linked to its function, which aims at a double objective: coordinating the application of procedures for the well-being of animals in slaughter establishments and providing the necessary advice to staff involved in slaughter operations.
    Responsibilities, prerogatives and tools of the RPA.
    Regulations relating to animal protection by slaughter: legal notion of animal as being sensitive, animal protection during death, obligations, sanctions and individual liability.
    Food, maintenance and accommodation of animals.
    Installation design specifications.
    Elements of general physiology, animal behavior.
    Equipment and materials: description, use, maintenance.
    Standard operating procedures.
    Self-control procedures.
    Case management.
    Regulatory and technical monitoring tools.


Done on 31 July 2012.


For the Minister and by delegation:

Deputy Director General

food,

J.-L. Angot

By preventing

Executive Director

of teaching and research:

Assistant to Director General

teaching and research,

Chief of Service

higher education,

research and innovation,

V. Baduel


Download the document in RTF (weight < 1MB) Extrait du Journal officiel électronique authentifié (format: pdf, weight : 0.37 Mo) Download the document in RDF (format: rdf, weight < 1 MB)