Since 8 December 2009, Regulation (EC) No 1099/2009 of the Council of 24 September 2009 on the protection of animals at the time of slaughter is in force. The Regulation is applicable from 1 January 2013, with the exception of certain provisions concerning slaughterhouses.

While the regulation is of direct application, it is considered necessary to lay down certain provisions concerning the killing of animals outside the slaughterhouse, in particular on the killing of animals of the fur, of day-old chicks or eggs, and on the sanitary emptying. It is also necessary to clarify certain aspects relating to emergency slaughter outside the slaughterhouse and for private domestic consumption, which would make it easier for the competent authority of the autonomous community to establish the necessary administrative requirements. for these activities to be carried out in compliance with Community legislation. This will help to ensure compliance with animal protection regulations during their transport, in particular as regards fitness for transport, while respecting the hygiene rules for food.

Given the possibility that foreign companies may market in Spanish equipment for fastening or stunning, it is necessary to provide that information about them is disseminated in Spanish, in order to ensure that optimal animal welfare conditions.

On the other hand, and generally for the performance of the activities regulated in this standard, it is required to have a certificate of competence that ensures that the people who carry them out do so without causing the animals pain, distress or avoidable suffering. Since it is assumed that staff with at least three years of experience have accumulated certain knowledge, the Regulation provides for a transitional provision for the competent authorities to recognise the professional experience of the workers. It is also necessary to establish harmonised administrative requirements that make it possible for staff to move between different autonomous communities.

This royal decree is dictated by the habilitation provided for in the sixth final provision of Law 32/2007, of 7 November, for the care of animals, in their exploitation, transport, experimentation and slaughter. Given the markedly technical nature of this provision, its adoption is considered to be adjusted by means of a royal decree, with the formal repeal of Royal Decree 54/1995 of 20 January 1995 on the protection of the animals at the time of slaughter or killing, issued in order to transpose Directive 93 /119/EC of the Council of 22 December 1993, which has been replaced since 1 January 2013 by Regulation (EC) No 1099/2009.

In the elaboration of this royal decree, the autonomous communities, the cities of Ceuta and Melilla and the affected sectors have been consulted.

In its virtue, on the proposal of the Minister of Agriculture, Food and Environment and the Minister of Health, Social Services and Equality, with the prior approval of the Minister of Finance and Public Administrations, with the Council of State and after deliberation by the Council of Ministers at its meeting on 24 January 2014,

DISPONGO:

Article 1. Objectives and scope of application.

1. The objective of this royal decree is the development of Law 32/2007, of 7 November, for the care of animals, in their exploitation, transport, experimentation and slaughter, establishing specific implementing provisions in Spain Regulation (EC) No 1099/2009 of the Council of 24 September 2009 on the protection of animals at the time of slaughter:

a) As regards the training of persons carrying out the killing and related operations.

(b) In some respects the slaughter of animals in holdings engaged in the production of fur animals and in which chicks of up to 72 hours or embryos are killed, as well as the emptying of animals health.

(c) The minimum requirements for carrying out the emergency slaughter outside the slaughterhouse and for private domestic consumption.

(d) Regarding the placing on the market in Spain of equipment for fastening and stunning equipment.

2. This royal decree shall not apply to the animals listed in Article 1.3 of Regulation (EC) No 1099/2009.

Article 2. Definitions.

For the purposes of this royal decree, the definitions of Council Regulation (EC) No 1099/2009 of 24 September 2009 and those of Law 32/2007 of 7 November 2009 on the care of animals shall apply. their exploitation, transport, experimentation and slaughter.

Article 3. General provisions on the competence of personnel performing slaughter or killing and related operations.

1. The killing and related operations shall be carried out only by persons with the appropriate level of competence for this purpose, without causing the animals pain, distress or avoidable suffering. In accordance with Articles 7 and 21 of Regulation (EC) No 1099/2009, this competence shall be accredited by the relevant certificate.

2. In relation to these persons and in order to ensure a harmonised implementation of the provisions of that standard in this field:

(a) The competent authority may delegate the organization of the courses to that effect at: universities, public law entities, professional associations, cooperatives, producer organisations, centres public and private teachers and private companies or entities if:

1. Dispose of equipment and required infrastructure.

2. Cough with sufficient staff with the appropriate knowledge and qualification.

The completion of the final examination and the award of the certificate may be carried out by the Competent Authority or by entities in which it has delegated that, in addition to the above requirements, they are independent and free. of any conflict of interest with regard to the tasks that have been delegated to it.

(b) The competent authority of the autonomous communities and the cities of Ceuta and Melilla shall inform the Spanish Agency for Consumption, Food Safety and Nutrition, through appropriate channels on the system established in its territorial scope to ensure compliance with that jurisdiction, including, where appropriate, the bodies and entities in which it has been delegated, specifying in the latter case whether it includes the conduct of the courses, the examination final or the award of the certificate of competence. Any modification or suspension of such delegation shall also be notified.

The Spanish Agency for Consumption, Food Security and Nutrition shall make available to the public, on its website, the details of the bodies or entities in which such tasks have been delegated.

(c) The competent authority of the autonomous communities and the cities of Ceuta and Melilla may recognise, as equivalent to obtain the certificate of competence in animal welfare, in the category of animals concerned, the qualifications obtained for other purposes, including the qualification to be used as a veterinarian, provided that such training is provided in accordance with Regulation (EC) No 1099/2009. For these purposes, certificates of professional training and certificates of professionalism, or, where appropriate, partial accreditation thereof, shall also be valid, including training required in accordance with Regulation (EC) No 1099/2009.

The competent body shall inform the Spanish Agency for Consumer Affairs, Food Safety and Nutrition on the qualifications obtained for other purposes and professional qualifications and certificates of professionalism which include the training required in accordance with Regulation 1099/2009, in order to comply with Article 21 (7) of that Regulation, within the time limits and in such a way as to be determined by common agreement. This information shall be updated once the amendment referred to in the second provision is made by the Ministry of Employment and Social Security.

(d) The certificate of competition in animal welfare issued by a competent authority shall take effect throughout the national territory.

e) Without prejudice to the information required by Community legislation, the certificate of competence shall include at least the identification of the body issuing the certificate and the number of the National Identity Document (DNI), for Spanish nationals or, in the case of foreigners, the Number of Foreign Identity (NIE); in the absence of any of them, the passport number.

(f) Where the requirements laid down in Article 21 (5) and (6) of Regulation 1099/2009 have been established, the competent authority may issue provisional certificates of competence, with a maximum validity of 3 months.

g) For the suspension and withdrawal of certificates of competence, including those issued by the simplified procedure laid down in the second transitional provision and the provisional provisions of the previous sub-paragraph (f), shall comply with Article 22 of Regulation (EC) No 1099/2009.

h) Without prejudice to Article 17 (6) of Regulation (EC) No 1099/2009, the economic operator shall designate an animal welfare officer to ensure that he has a certificate of competence. issued for all operations carried out in the slaughterhouse which is under its responsibility and shall give it authority to take decisions on animal welfare in relation to the tasks assigned to it in the Standardisation Procedures

Article 4. Requirements for slaughter on holdings engaged in the production of fur animals and on holdings where chicks of up to 72 hours or embryos are killed.

1. The holder of the holding shall forward to the competent authority which granted him the authorisation provided for in Article 36 of Law 8/2003 of 24 April of animal health concerning compliance with animal protection rules at least 1 month before to carry out the first killing of animals providing for a responsible declaration that it has, in accordance with the legislation in force, the following:

(a) Facilities where the killing of the appropriate animals and equipment is carried out.

b) System of stunning and killing of animals.

c) Normal Work Procedures or Best Practices Guide.

(d) One or more persons carrying out the stunning and killing of the animals, who have the certificate of competence to carry out such operations, in the case of holdings of animal production fur.

2. The holders of the fur holdings shall inform the competent authority, at a prior advance of seven calendar days, of the date of initiation of the slaughter of the animals.

Article 5. Sanitary emptying.

To enable its referral to the European Commission, the competent authority of the autonomous communities and the cities of Ceuta and Melilla will forward to the Directorate General of Agricultural Productions and Markets of the Ministry of Agriculture, Food and Environment:

(a) Before 30 April each year, the report on the sanitary emptying operations carried out in the previous year, with the information provided for in the current regulations.

(b) The information on the derogations granted in respect of the provisions of the rules in force, in accordance with Article 18.3 of Regulation (EC) No 1099/2009, where such derogations are granted.

(c) A list of contingency plans and standard working procedures existing in that Autonomous Community or City of Ceuta and Melilla, which ensure compliance with Community legislation in this field; or information regarding the website where they are available, if they have been made available to the public via the Internet.

Article 6. Placing on the market of fastening and stunning equipment.

In order for users to know in detail how to use and maintain the equipment used in the field covered by Regulation (EC) No 1099/2009, and to ensure optimal animal welfare:

(a) The placing on the market in Spain of such equipment may only be carried out in the event that they are accompanied by the instructions drawn up, at least, in the Spanish official language of the Spanish State, suitable for use, to ensure optimum conditions of well-being. Those instructions shall specify in particular the information provided for in Article 8 of Regulation (EC) No 1099/2009.

(b) Those responsible for such marketing in Spain shall forward to the Autonomous Community where they are based, the information on the website where such instructions are available, and shall update this information whenever changes occur in the same. The Autonomous Communities shall transfer this information to the General Directorate of Agricultural Productions and Markets of the Ministry of Agriculture, Food and Environment, within the time limits and in the manner determined by common agreement.

Article 7. Emergency slaughter outside the slaughterhouse.

Without prejudice to food hygiene rules, where for animal welfare reasons the killing of an animal outside the slaughterhouse is to be carried out, the owner or keeper of the animal shall record such slaughter on the animal. The register provided for in point 3 (a) of the Annex to Royal Decree 348/2000 of 10 March, incorporating Directive 98 /58/EC on the protection of animals on livestock holdings, with an indication of the Stunning and killing method used.

In case the owner or holder of the animal intends to have the carcass of the animal intended for human consumption, it shall make a communication to the competent authority of the autonomous communities and the cities of Ceuta and Melilla, in the terms and time limits laid down by it, in order to enable it to provide for the official controls to be carried out so as to permit, where appropriate, the use for human consumption of such meat.

Article 8. Slaughter for private domestic consumption.

The competent bodies of the autonomous communities and the cities of Ceuta and Melilla shall carry out the official controls necessary to verify compliance with the requirements laid down in Article 10 of the Regulation. (EC) No 1099/2009 in relation to private domestic consumption.

Article 9. Infringements and penalties.

In the event of non-compliance with the provisions of this royal decree, the regime of infringements and penalties laid down in Law 32/2007 of 7 November for the care of animals on their holding shall apply. transport, experimentation and slaughter and the autonomous rules of application, without prejudice to any possible civil, criminal or other liability for civil liability.

Additional disposition first. Human and material resources.

The forecasts contained in this royal decree will not entail an increase in public spending.

Additional provision second. Equivalent certification.

The Ministry of Employment and Social Security in order to adapt the certificate of professionalism of slaughter, slaughter and cutting of animals to the requirements laid down in Regulation (EC) No 1099/2009 and in Regulation (EC) No 1099/2009 No 1/2005 of the Council of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64 /432/EEC and 93 /119/EC and Regulation (EC) No 1255/97 shall give the Amendment of Royal Decree 646/2011 of 9 May 2011 to the effect that the said unit of competition may be regarded as equivalent for the purposes of the animal welfare certificate referred to in Article 3 (2) (c) of this royal decree.

Additional provision third. Good practice guides.

The Ministry of Agriculture, Food and the Environment and the Spanish Agency for Consumption, Food Security and Nutrition will establish, in coordination with the autonomous communities, the necessary procedures to promote the development and dissemination of national good practice guidelines in order to assist economic operators in the adoption of measures resulting from the application of Regulation (EC) No 1099/2009.

First transient disposition. Rules applicable to slaughterhouses.

By way of derogation from the single derogation provision, until 8 December 2019, it shall continue to apply to slaughterhouses which are already in operation before 1 January 2013, as set out in Annex A, I paragraph 1, and Part II (1), (6), (7), (8), (9) and second sentence of paragraph 3; and in Annex C, Part II, paragraphs 3 and 4 of Royal Decree 54/1995 of 20 January 1995 on the protection of animals at the time of slaughter or killing.

Second transient disposition. Professional experience.

By way of derogation from training, the competent bodies of the autonomous communities and cities of Ceuta and Melilla may, until 8 December 2015, issue certificates of competence provided for in the Article 21 of Regulation (EC) No 1099/2009 which shall be issued by means of the simplified procedure referred to in Article 29.2 of that Regulation, to operators who, in the opinion of the competent bodies concerned, establish a professional experience appropriate and prior to at least three years.

For these purposes, operators of establishments in which these workers have carried out their business will issue a responsible statement regarding the appropriate professional experience of the operator, as well as their appropriate knowledge in the operations and categories of animals concerned, as provided for in Royal Decree 54/1995 and in accordance with the provisions of Regulation (EC) No 1099/2009 as from 1 January 2013. The information contained in the responsible declaration shall be verified by the competent bodies issuing the certificates, or by the entities in which they have delegated such work.

When the operator to whom the certificate is issued takes less than three years working for the last economic operator, he/she must provide statements from the operators where he has previously worked to complete the certificate. at least the last three years immediately at the time of applying for certification.

Single repeal provision. Regulatory repeal.

Royal Decree 54/1995 of 20 January on the protection of animals at the time of slaughter or killing is hereby repealed.

Final disposition first. Basic character and competence title.

This royal decree is of a basic nature and is dictated by the provisions of Articles 149.1.13.^a and 149.1.16.^a of the Constitution, for which exclusive competence is conferred on the State the basis for and coordination of the overall planning of economic activity, and in terms of the basis and overall coordination of health.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on January 24, 2014.

JOHN CARLOS R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON