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L 303 Official Journal ISSN 1725-2555 Official Journal L 303 of the European Union Volume 52 English edition Legislation 18 November 2009 Contents I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory REGULATIONS ★ Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing ( 1) . 1 ★ Council Regulation (EC) No 1100/2009 of 17 November 2009 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran and repealing Decision 2008/475/EC . 31 Commission Regulation (EC) No 1101/2009 of 17 November 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables . 37 ★ Commission Regulation (EC) No 1102/2009 of 16 November 2009 amending for the 116th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban . 39 ★ Commission Regulation (EC) No 1103/2009 of 17 November 2009 establishing a prohibition of fishing for herring in EC and international waters of Vb and VIb and VIaN by vessels f lying the f lag of the United Kingdom . 60 Commission Regulation (EC) No 1104/2009 of 17 November 2009 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/10 marketing year . 62 1 ( ) Text with EEA relevance (Continued overleaf) Price: EUR 4 Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other acts are printed in bold type and preceded by an asterisk. EN Contents (continued) III Acts adopted under the EU Treaty ACTS ADOPTED UNDER TITLE V OF THE EU TREATY ★ Council Decision 2009/840/CFSP of 17 November 2009 implementing Common Position 2007/140/CFSP concerning restrictive measures against Iran . 64 ★ Council Joint Action 2009/841/CFSP of 17 November 2009 amending and extending Joint Action 2008/112/CFSP on the European Union mission in support of security sector reform in the Republic of Guinea-Bissau (EU SSR GUINEA-BISSAU) . 70 ★ Council Joint Action 2009/842/CFSP of 17 November 2009 amending Joint Action 2007/369/CFSP on the establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) . 71 EN 18.11.2009 EN Official Journal of the European Union L 303/1 I (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing (Text with EEA relevance) THE COUNCIL OF THE EUROPEAN UNION, during the slaughtering or killing process, taking into account the best practices in the field and the methods permitted under this Regulation. Therefore, pain, distress Having regard to the Treaty establishing the European or suffering should be considered as avoidable when Community, and in particular Article 37 thereof, business operators or any person involved in the killing of animals breach one of the requirements of this Regu­ lation or use permitted practices without reflecting the state of the art, thereby inducing by negligence or Having regard to the proposal from the Commission, intention, pain, distress or suffering to the animals. Having regard to the Opinion of the European Parliament ( 1), (3) The protection of animals at the time of slaughter or killing has been covered by Community law since Having regard to the Opinion of the European Economic and 1974, and was substantively reinforced by Directive 2 Social Committee ( ), 93/119/EC. However, large discrepancies have been observed between the Member States in implementing that Directive and major welfare concerns and differences After consultation of the Committee of the Regions, susceptible to affect competitiveness between business operators have been pointed out. Whereas: (4) Animal welfare is a Community value that is enshrined (1) Council Directive 93/119/EC of 22 December 1993 on in the Protocol (No 33) on protection and welfare of the protection of animals at the time of slaughter or animals annexed to the Treaty establishing the 3 killing ( ) establishes common minimum rules for the European Community (Protocol (No 33)). The protection protection of animals at the time of slaughter or killing of animals at the time of slaughter or killing is a matter in the Community. That Directive has not been of public concern that affects consumer attitudes towards substantially amended since its adoption. agricultural products. In addition, improving the protection of animals at the time of slaughter contributes to higher meat quality and indirectly has a positive (2) Killing animals may induce pain, distress, fear or other impact on occupational safety in slaughterhouses. forms of suffering to the animals even under the best available technical conditions. Certain operations related to the killing may be stressful and any stunning technique presents certain drawbacks. Business operators or any person involved in the killing of (5) National law concerning the protection of animals at the animals should take the necessary measures to avoid time of slaughter or killing has an impact on competition pain and minimise the distress and suffering of animals and, accordingly, on the operation of the internal market in products of animal origin included in Annex I to the Treaty establishing the European Community. It is ( 1 ) Opinion of 6 May 2009 (not yet published in the Official Journal). ( 2 ) Opinion of 25 February 2009 (not yet published in the Official necessary to establish common rules in order to ensure Journal). the rational development of the internal market in those ( 3 ) OJ L 340, 31.12.1993, p. 21. products. L 303/2 EN Official Journal of the European Union 18.11.2009 (6) The European Food Safety Authority (EFSA), established Those Regulations emphasise the responsibility of food by Regulation (EC) No 178/2002 of the European business operators to ensure food safety. Slaughterhouses Parliament and of the Council of 28 January 2002 are also subject to a pre-approval procedure whereby the laying down the general principles and requirements of construction, layout and equipment are examined by the food law, establishing the European Food Safety competent authority to ensure that they comply with the Authority and laying down procedures in matters of corresponding technical rules on food safety. Animal food safety ( 1), has adopted two opinions on the welfare concerns should be better integrated into slaught­ welfare aspects of the main systems of stunning and erhouses, their construction and layout, as well as the killing of certain species of animals, namely on the equipment used therein. welfare aspects of the main systems of stunning and killing the main commercial species of animals, in 2004, and on the welfare aspects of the main systems of stunning and killing applied to commercially farmed deer, goats, rabbits, ostriches, ducks, geese and quail, in 2006. Community law in this area should be updated to (9) Official controls in the food chain have also been reor­ take into account those scientific opinions. Recommen­ ganised by the adoption of Regulation (EC) No 882/2004 dations to phase out the use of carbon dioxide for pigs of the European Parliament and of the Council of and the use of waterbath stunners for poultry are not 29 April 2004 on official controls performed to ensure included in this Regulation because the impact the verification of compliance with feed and food law, assessment revealed that such recommendations were animal health and animal welfare rules ( 4 ) and Regulation not economically viable at present in the EU. However, (EC) No 854/2004 of the European Parliament and of it is important to continue this discussion in the future. the Council of 29 April 2004 laying down specific rules To this end, the Commission should prepare and submit for the organisation of official controls on products of to the European Parliament and to the Council a report animal origin intended for human consumption ( 5). on the various stunning methods for poultry, and in particular multiple-bird waterbath stunners. Furthermore, other recommendations should be excluded from this Regulation because they refer to technical parameters that should be part of implementing measures or Community guidelines. Recommendations on farm fish are not included in this Regulation because there is a (10) Conditions under which animals kept for farming need for further scientific opinion and economic purposes are killed have a direct or indirect impact on evaluation in this field. the market for food, feed or other products and on the competitiveness of the business operators concerned. Therefore, such killing operations should be covered by Community law. However, traditionally farmed species such as horses, donkeys, cattle, sheep, goats or pigs can also be kept for other purposes, such as, for example, pets, animals for shows, work purposes, or (7) In 2007, the World Organisation for Animal Health sports. Where the killing of animals of such species (OIE) adopted the Terrestrial Animal Health Code produces food or other products, those operations which includes guidelines for the slaughter of animals should fall within the scope of this Regulation. and for the killing of animals for disease control Consequently, the killing of wild or stray animals for purposes. Those international guidelines contain recom­ population control purposes should not fall within the mendations concerning the handling, restraining, scope of this Regulation. stunning and bleeding of animals in slaughterhouses and the killing of animals in cases of outbreak of contagious diseases. Those international standards should also be taken into account in this Regulation. (11) Fish present substantial physiological differences from terrestrial animals and farmed fish are slaughtered and killed in a very different context, in particular as regards the inspection process.
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