> Retouradres

Legal Affairs Department www.mineleni.nl The President

The of the States General Our reference PO Box 20018 250342 2500 EA

Date 20 December 2011 Subject Reaction to debate on 13 December 2011 about bill 31571 put forward by member Thieme of the Party for the Animals (compulsory stunning prior to )

Dear Mr. President,

On 13 December 2011 the Senate debated the bill put forward by member Thieme of the Party for the Animals concerning the amendment of the Animal Health and Welfare Act in connection with the introduction of compulsory stunning prior to ritual slaughter (31571).

During the debate I was asked if I saw the possibility for a proposal that would improve but which would be less far-reaching than the general ban put forward. Specifically, I was asked about the possibility of preparing a covenant with the parties involved. In the debate I indicated that I see alternatives to the bill for taking steps to improve animal welfare in cases of ritual slaughter without prior stunning.

Welfare improvements, with distinction of species, could be achieved through such a covenant. This would allow agreements to be made about the conditions for the slaughter process without prior stunning, and could also include private initiatives for quality requirements and certification of kosher and halal meat. I am prepared to draw up such a covenant with the religious organisations involved, representatives of , veterinarians, scientific experts and NGOs. I would require a period of 3 months for this purpose. All agreements must of course comply with the freedom of religion or belief as guaranteed by constitutional and international law.

As I mentioned in the debate, the covenant could include the following options:

1. Options for a covenant

Pagina 1 van 4 *PDOC01/250342* PDOC01/250342

Legal Affairs Department a. Quality requirements for slaughterhouses Under forthcoming EU legislation 1, as of 1 January 2013 additional rules will apply for the layout, construction and equipment in slaughterhouses. Slaughterhouses will be required to indicate the maximum number of animals per hour for each slaughter line; the categories, ages and weights of animals for which the Our reference restraining or stunning equipment available may be used and the maximum 250342 capacity for each lairage area. The Food and Consumer Product Safety Authority will monitor compliance with these requirements. These rules can be discussed further to determine whether they are sufficient. b. Improving the treatment of animals during the slaughter process

Shortening the time the animal is conscious The period of time during which an animal remains conscious after its throat has been cut varies according to the animal, and is longest for bovine animals. To minimise this period, agreements should be made about the maximum time that an animal may be conscious after having its throat cut. If this period is exceeded, emergency stunning could for example be used. In this respect, as of 1 January 2013 it is compulsory to test whether animals present any signs of consciousness. Consciousness can and must be clearly tested on the basis of several indicators such as the presence of the eye reflex, corneal reflex, threat reflex and righting reflex.

Limit on number of cuts to throat It is still too often the case that, partly due to the thickness of an animal ’s throat, the throat is cut an excessive number of times. Agreements should therefore be made about the amount of cuts that may be made to an animal ’s throat. Agreements can also be made about the slaughter animals. Distinctions could also be made about the type of animal, breed, weight and age.

Restraining method and restraint duration Rotating an animal in a restraint box so it is on its back or lying on its side causes the animal considerable stress and compromises its welfare. It follows that animals should therefore be restrained in a standing position, and only be released from restraint when they have lost consciousness. c. Training requirements for personnel The Council Regulation on the protection of animals at the time of killing will enter into force as of 1 January 2013, and as a result, there will be stricter EU demands on the competences of the persons responsible for slaughter, regardless of whether the animals are slaughtered with or without prior stunning. These demands include training requirements regarding treatment and care of animals

1 Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing (PbEU L 303).

Pagina 2 van 4

Legal Affairs Department prior to restraint, restraining the animal, stunning the animal, assessing the effectiveness of the stunning, and the bleeding of animals. It would be possible for the requirements of the covenant to be stricter than those currently established in the EU.

Our reference d. Requirements of religious communities 250342 The covenant can include agreements on the specific requirements of religious communities or the subgroups within these communities concerning the animals to be slaughtered, and also about the specific criteria that the meat should adhere to. e. Certification In a covenant parties can also make agreements about a private certification system that offers guarantees for quality and welfare requirements for meat originating from animals that have been slaughtered without prior stunning.

2. Role of the government

If such a covenant is established then it is very important that the agreements it contains are legally guaranteed. The current Animal Health and Welfare Act and the Animal Act which will replace it already offer a legal basis, by order in council, for a legal guarantee for the agreements described, to ensure that adequate enforcement can take place. For example, the notification requirement for slaughterhouses could be replaced with a legal obligation for registration before any animals can be slaughtered without prior stunning. This registration obligation can also be legally linked to compliance and enforcement of the agreed rules. So if a slaughterhouse fails to comply with the agreements it could be removed from the register and would therefore no longer be able to ritually slaughter animals without stunning. Strict supervision is also necessary. If a covenant is established I am prepared to introduce permanent oversight of medium and small slaughterhouses.

3. Research

I consider the introduction of a multi-year research plan to improve the method of slaughter and animal welfare during this process to be very important. This is a responsibility of both the government and the private sector. Together with these parties I am prepared to set up such a programme and earmark funding for this purpose. Assistance in setting up this programme could be provided by a veterinary committee led by the chairman of the Royal Netherlands Veterinary Association, Professor L.J. Hellebrekers. This committee could then provide advice on the creation and the implementation of the covenant.

Pagina 3 van 4

Legal Affairs Department Henk Bleker Minister for Agriculture and Foreign Trade

Our reference 250342

Pagina 4 van 4