Livestock and wild animals: Emergency slaughter

The Food Control and Veterinary Office of the City of Chemnitz (LÜVA Chemnitz) issues the following in accordance with § 2 a Tier-LMÜV

General ruling

1. All persons who are authorised to practise the veterinary profession in accordance with Section 2 of the Federal Veterinary Code (BTÄO) (2) are prohibited from practising veterinary medicine within the area of responsibility of the City of Chemnitz.of the City of Chemnitz by a person responsible for an animal in the context of emergency slaughter outside the slaughterhouse for an ante-mortem inspection in accordance with Art. 4 of Regulation (EU) 2019/624 (3), they are appointed official veterinarians within the meaning of Art. 3 No. 32 and certifying officers within the meaning of Art. 3 No. 26 of Regulation (EU) 2017/625 (5) with regard to the ante-mortem inspection of this animal and the issuing of the health certificate in accordance with Annex IV Chapter 5 Implementing Regulation (EU) 2020/2235 (4).
   
2. This general ruling shall enter into force on the day following its publication in the official gazette of the City of Chemnitz.
   
3. No costs will be charged for this general ruling.

The full content of this general ruling can be inspected free of charge by anyone during office hours at the Food Inspection and Veterinary Office of the City of Chemnitz, Düsseldorfer Platz 1 in 09111 Chemnitz.

Justification:

I.

According to EU law, the ante-mortem inspection for emergency slaughter must be carried out by an official veterinarian. According to § 2 a Tier-LMÜV, it is possible to appoint veterinarians as official veterinarians for certain activities. In the interests of animals and animal owners, this option is to be utilised throughout Germany for the area of ante-mortem inspection during emergency slaughter and all veterinarians are to be appointed as official veterinarians for the performance of ante-mortem inspection during emergency slaughter by general decree of the competent authority.

II.

The local jurisdiction of the LÜVA Chemnitz to issue this order is based on Section 1 of the Act on the Regulation of Administrative Procedure and Administrative Service Law for the Free State of Saxony (SächsVwVfZG) (6) and Section 3 of the Administrative Procedure Act (VwVfG) (7).

The material competence of the LÜVA Chemnitz to issue this order results from Section 38 (1) of the German Food and Feed Code (LFGB) (8) in conjunction with Section 2 (1) and (4) of the German Food and Feed Act (VwVfG). § Section 2 (1) and (4) of the Act on the Implementation of the LFGB, the Provisional Tobacco Act and the Consumer Information Act in the Free State of Saxony (SächsAGLFGB-VIG) (9) and Section 8 (2) and Section 9 of the Act on the Public Health Service in the Free State of Saxony (SächsGDG) (10).

Ante-mortem inspection serves to protect the health of the consumer and is also essential for animal welfare. In accordance with Article 18(2)(a) of Regulation (EU) 2017/625, it is part of the official controls in meat production and must always be carried out by an official veterinarian and in a slaughterhouse.

A healthy ungulate kept as a pet that has suffered an accident may be emergency slaughtered in accordance with Annex III Section I Chapter VI of Regulation (EC) No 853/2004 (11) and used for human consumption subject to certain requirements.

Ante-mortem inspection is not possible at the slaughterhouse, therefore the special provisions of Article 4 of Regulation (EU) 2019/624 apply. In the event of emergency slaughter, the official veterinarian may carry out the ante-mortem inspection outside a slaughterhouse.

In this case, an official health certificate is issued for the animal fit for slaughter in accordance with Article 32 in conjunction with Annex IV, Chapter V of the Implementing Regulation. Chapter V of Annex IV of Implementing Regulation (EU) 2020/2235. The health certificate must accompany the animal to the slaughterhouse or be sent in advance. Remarks that are relevant for the subsequent post-mortem inspection are entered on it. The ante-mortem inspection carried out is therefore a declaration of fitness for slaughter. The official veterinarian at the slaughterhouse then decides whether the meat is fit for human consumption on the basis of this declaration and further examinations.

An official veterinarian is, in accordance with Article 3(32) of Regulation (EU) 2017/625, a veterinarian who is otherwise designated by a competent authority and who is appropriately trained to carry out other official activities in accordance with this Regulation and the relevant rules referred to in Article 1(2). Official veterinarians carrying out, inter alia, official controls and measures in meat production must be trained in accordance with Article 13(1), first sentence, in conjunction with Annex II, Chapter I. in conjunction with Chapter I of Annex II to Regulation (EU) 2019/624, must fulfil the specific minimum requirements set out therein.

Point 1

Article 13(1) sentence 2(a) of Regulation (EU) 2019/624 allows Member States to define exemptions from these requirements for official veterinarians. In accordance with Section 2 Tier-LMÜV, the competent authority may appoint persons who are authorised to practise the veterinary profession in accordance with Section 2 of the BTÄO as official veterinarians for ante-mortem inspections outside slaughterhouses.

In order to spare the animal unnecessary suffering that would be caused by transporting it to a slaughterhouse and to limit economic losses for business owners and food waste, rapid action is required in the case of animals that have suffered an accident and are to be slaughtered. This can be ensured in particular by ensuring that the legally required ante-mortem inspection for emergency slaughter is carried out by veterinarians who can be on site within a short time.

Therefore, in accordance with Section 2a of the Tier-LMÜV and notwithstanding Article 13(1) sentence 1 of Regulation (EU) 2019/624, the LÜVA Chemnitz appoints all persons who are authorised to practise the veterinary profession in accordance with Section 2 of the BTÄOin the event that they are authorised in the area of responsibility of the City of Chemnitz by a person responsible for an animal in the context of emergency slaughter outside the slaughterhouse to carry out an ante-mortem inspection in accordance with Article 13 (1) sentence of Regulation (EU) 2019/624.for an ante-mortem inspection in accordance with Article 4 of Regulation (EU) 2019/624, with regard to the ante-mortem inspection of that animal and the issuing of the health certificate in accordance with Chapter 5 of Annex IV to Implementing Regulation (EU) 2020/2235, as official veterinarians within the meaning of Article 3(32) and as certifying officers within the meaning of Article 3(26) of Regulation (EU) 2017/625.

The appointment therefore only applies to the individual case in which the veterinarian is called by the animal owner to an animal that has suffered an accident and the animal is to be sent for emergency slaughter. The responsibility for the appointment therefore arises from the responsibility under food law for the keeping of the farm animal.

In accordance with Article 5(2) of Regulation (EU) 2017/625, such an appointment of an official veterinarian shall be made in writing, stating the other official activities and the related tasks to which the appointment relates.

This appointment constitutes an authorisation to carry out the ante-mortem inspection in the event of emergency slaughter, it is not an obligation to carry it out.

The authorised veterinarian performs the tasks solely at the request of the animal owner as a service under private law. The latter must pay the veterinarian for the service provided in accordance with the scale of fees for veterinarians (GOT).

Point 2

This general ruling will be publicised in the official gazette of the City of Chemnitz. In order to enable direct application of the law, this general ruling shall be deemed to have been published one day after its publication in accordance with Article 41(4) sentence 4 VwVfG and shall enter into force on this date in accordance with Article 43(1) VwVfG.

Point 3

This official act is carried out in the overriding public interest and ex officio, therefore no administrative costs will be charged in accordance with Section 11(1)(5) of the Saxon Administrative Costs Act (SächsVwKG) (12).

Information on legal remedies:

An objection to this general ruling may be lodged within one month of its notification. The objection must be lodged in writing, in electronic form or for the record with the City of Chemnitz, Markt 1, 09111 Chemnitz or any other office or citizen service centre of the City of Chemnitz.

The objection can be lodged in electronic form by De-Mail in the transmission variant with confirmed secure registration in accordance with the De-MaiI Act. The De-Mail address is: info(at)stadt-chemnitz.de-mail.de

If represented by a lawyer, the objection can also be lodged via the special public authority mailbox (beBPo) and should be addressed to the beBPo "City of Chemnitz".

Dr Michael Kern

Official veterinarian

Please note:

For the sake of simplicity, the currently valid model of the aforementioned health certificate in accordance with Annex IV Chapter 5 of Implementing Regulation (EU) 2020/2235 is attached.

Legislation cited:

1. Animal Food Monitoring Ordinance(Tier-LMÜV) in the version published on 3 September 2018 (Federal Law Gazette I p. 1358) as amended.
   
2. Federal Veterinary Code(BTÄO) in the version published on 20 November 1981 (Federal Law Gazette I p. 1193) as amended.
   
3. Commission Delegated Regulation (EU) 2019/624 of 8 February 2019 laying down specific rules for the organisation of official controls on meat production and on production and relaying areas of live bivalve molluscs in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council (OJ L 131, 17.5.2019, p. 1-17)
   
4. Commission Implementing Regulation (EU) 2020/2235 of 16 December 2020 Commission Implementing Regulation (EU) 2020/2235 of 16 December 2020 laying down detailed rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards models of veterinary certificates, models of official certificates and models of veterinary/officialcertificates for the entry into the Union of consignments of certain categories of animals and goods and for their movements within the Union, as regards official certification activities related to such certificates, and repealing Regulation (EC) No 599/2004, Implementing Regulations (EU) No 636/2014 and (EU) 2019/628, Directive 98/68/EC and Decisions 2000/572/EC, 2003/779/EC and 2007/240/EC (OJ L 442, 30.12.2020, p. 1)
   
5. Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No.999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No. 1/2005 and (EC) No. 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC and repealing Regulations (EC) No. 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 095, 7.4.2017, p. 1).
   
6. Act on the Regulation of Administrative Procedure and Administrative Service Law for the Free State of Saxony(SächsVwVfZG) of 19 May 2010 (SächsGVBl. p. 142) as amended.
   
7. Administrative Procedure Act(VwVfG) in the version published on 23 January 2003 (BGBl. I p. 102) as amended.
   
8. Food and Feed Code(LFGB) in the version published on 3 June 2013 (Federal Law Gazette I p. 1426) as amended.
   
9. Act on the Implementation of the Food and Feed Code, the Provisional Tobacco Act and the Consumer Information Act in the Free State of Saxony(SächsAGLFGB-VIG) of 25 January 2008 (SächsGVBl. p. 62) as amended.
   
10. Law on the Public Health Service in the Free State of Saxony(SächsGDG) of 11 December 1991 (SächsGVBl. p. 413) as amended.
    
11. 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 (OJ L 139, 30.4.2004, p. 55)
    
12. Saxon Administrative Costs Act(SächsVwKG) of 5 April 2019 (SächsGVBl. p. 245) as amended.
    

(not barrier-free)