FINAL REPORT FROM A MISSION CARRIED OUT BY THE EFTA SURVEILLANCE AUTHORITY TO NORWAY FROM 24 TO 28 NOVEMBER 2003 FOR THE PURPOSE OF ASSESSING THE

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1 Brussels, 16 March 2004 Case No: 2990 Event No: FINAL REPORT FROM A MISSION CARRIED OUT BY THE EFTA SURVEILLANCE AUTHORITY TO NORWAY FROM 24 TO 28 NOVEMBER 2003 FOR THE PURPOSE OF ASSESSING THE APPLICATION OF COUNCIL DIRECTIVES 91/628/EEC AND 93/119/EEC, AS WELL AS OTHER ACTS RELATED TO ANIMAL WELFARE Please note that comments from the Norwegian Competent Authority to factual errors have been included in underlined italic print in the body of the report. Comments providing additional information or expressing the view of the Competent Authority on particular issues are included as footnotes in underlined italic print. Rue de Trèves 74, B-1040 Brussels, tel: (+32)(0) , fax: (+32)(0) ,

2 Page 2 Contents Page 1 Introduction 4 2 Objectives of the mission 4 3 Legal basis for the mission 4 4 Background 5 5 Legislation 5 6 Main findings The competent authorities The tasks and organisation of the Norwegian Animal 6 Health Authority (SDT) The tasks and organisation of the Norwegian Food 6 Control Authority (SNT) The Local Animal Welfare Committees Recruitment and training Prioritisation of controls / Reporting procedures Veterinary surveillance Authorisation of transporters Approval of lairages Ante-mortem inspection Control of animal transports Organisation of official checks Registration of transporters Training of drivers of animal transports Staging points Calculation of transport times Checks at place of departure Transport times in remote areas Requirements for transports longer than eight hours Loading densities, separation of animals during transport 12 and design of transport containers 6.4 Control of animal welfare in slaughterhouses Time of slaughter Feeding of slaughter animals Conditions in the lairages Milking of lactating slaughter animals Separation of slaughter animals Stunning and bleeding of animals Dressing of animals 15 7 Conclusions 15 8 Recommendations to the Norwegian competent authorities 18 9 Addendum to the mission report (Comments from Norway) 18

3 Page 3 1 Introduction The mission to Norway took place from 24 to 28 November 2003 and was carried out by two inspectors from the EFTA Surveillance Authority 1. A representative from the Norwegian Animal Health Authority (Statens dyrehelsetilsyn, SDT) accompanied the inspection team throughout the mission. Furthermore, representatives from the local and regional level of the SDT as well as from the Norwegian Food Control Authority (Statens næringsmiddeltilsyn, SNT) were present during the mission. An opening meeting was held on 24 November, where the objectives and itinerary of the mission were confirmed by the inspection team. Additional information for the satisfactory completion of the mission was also requested at this meeting. After each inspection, a summary of observations was presented. Representatives from the competent authorities (CAs), as well as the establishment inspected, had an opportunity to comment on the observations. A final meeting was held on 28 November, at SDT in Oslo, where the Authority s inspectors presented the main findings and conclusions of the mission. A representative from the Ministry of Agriculture was also present. 2 Objectives of the mission The objective of the mission was to evaluate the application and implementation of the legislation concerning animal welfare during transport and at the time of slaughter, as laid down in the Agreement on the European Economic Area 2. In pursuit of this objective, the following sites were visited: Competent Authority visits Number Comments Central 2 Opening and closing meeting Regional 4 The CAs were present during the inspection of the Local 5 establishments. Live animal control sites Number Comments Farm 1 The control on the collection of laying hens prior to transportation was evaluated. Slaughterhouses 4 Two red meat and two poultry meat. One poultry slaughterhouse received the birds collected on the farm visited. 3 Legal basis for the mission The legal basis for the mission is laid down in the Act referred to in part of Chapter I of Annex I to the EEA Agreement, laying down certain detailed rules concerning on-the-spot checks carried out in the veterinary field by Commission experts in the Member States (Commission Decision 98/139/EC). 1 Hereinafter called the Authority 2 Hereinafter called the EEA Agreement

4 Page 4 In addition, an assessment was made on the application of the requirements laid down in the Act referred to at point of Chapter I of Annex I to the EEA Agreement, on the protection of animals during transport (Council Directive 91/628/EEC), as amended. Furthermore, the application of the Act referred to at point of Chapter I of Annex I to the EEA Agreement, on the protection of animals at the time of slaughter or killing (Council Directive 93/119/EC) and other relevant acts were assessed. 4 Background This was the first mission carried out by the Authority exclusively with regard to animal welfare. However, in the course of the previous fresh meat missions, account has been taken of animal welfare. 5 Legislation Council Directives 91/628/EEC and 93/119/EC have been applicable in Norway since 1 January 1999 and were both notified as implemented into Norwegian legislation in March In the answer to the pre-mission questionnaire the Authority was informed that: Council Directive 91/628/EEC has been transposed into Norwegian legislation by: - Lov om dyrevern (Animal Welfare Act) of No. 73 and last amended Forskrift om transport av levende dyr (Regulation concerning transport of live animals) of No. 384 and last amended Council Directive 93/119/EC has been transposed into Norwegian legislation by: - Lov om dyrevern (Animal Welfare Act) of No. 73 and last amended Forskrift om dyrevern i slakterier (Regulation on animal welfare at slaughter) of No. 775 and last amended Other administrative provisions are also applicable in this field, for instance, the latest edition of the Veileder for dyrevern i slakterier (Guidelines for animal welfare in slaughterhouses) issued in 2002 by the Norwegian Animal Health 3 Authority, addressed to the Official Veterinarians (OVs). 6 Main findings 6.1 The competent authorities The Ministry of Agriculture is responsible for the Norwegian legislation on animal welfare. According to the Norwegian legislation implementing the provisions of the EEA Agreement, the Ministry has delegated the responsibility for official controls to SDT. The Ministry of Agriculture is financially and administratively responsible for SDT, which participates actively in drafting regulations concerning animal welfare, issued by the Ministry. The Ministry of Agriculture is entitled, by the Norwegian Animal Welfare Act, to instruct the Local Food Control Authorities (det Kommunale næringsmiddeltilsyn, KNT) 4 to supervise and 3 See under 5 in the addendum. 4 The information received in the reply to the pre-mission questionnaire has been amended by the Norwegian comments to the draft report (see 6.1 in the addendum).

5 Page 5 control animal welfare in slaughterhouses. The Ministry has delegated this right to SDT s central unit. The Regional Veterinary Officer (Fylkesveterinæren, RV), who belongs to SDT, is the one to instruct the OVs in the slaughterhouses. From 1 January 2004, SDT, SNT, the Department of Seafood of the Directorate of Fisheries and the Norwegian Agriculture Inspection Service have merged into one central competent authority called the Norwegian Food Safety Authority (Mattilsynet) The tasks and organisation of the Norwegian Animal Health Authority (SDT) SDT is organised under the structure of the Ministry of Agriculture. It consists of a central unit situated in Oslo with 45 staff members and nine Regional Veterinary Offices with a total of 65 staff members, which supervise 180 local units with a total of 220 staff members. SDT is responsible for the supervision and control of animal welfare during transport and at the slaughterhouse to the point of stunning and bleeding. This responsibility is delegated to the District Veterinary Officer (Distriktveterinæren, DV) until the point where the animals reach the slaughterhouse The tasks and organisation of the Norwegian Food Control Authority (SNT) SNT has a central level in Oslo, which is divided into four main departments. The central level has delegated part of its powers, for example to supervise fresh meat establishments, to the 81 existing KNTs, which employ the OVs in the slaughterhouses. 5 The OVs are responsible for animal welfare from the moment animals arrive in a slaughterhouse The Local Animal Welfare Committees The Local Animal Welfare Committees (Dyrevernnemda) consist of units with three to five members in each committee, who are citizens from the district. There was a 7 legal requirement for selecting people with particular knowledge about animal welfare. The DV acts as the secretary of the Local Animal Welfare Committee. He suggests candidates to become members of the Committee, to the County Governor (Fylkesmann), who designates the members of the Committee. The answer to the pre-mission questionnaire stated that when the competent authority (LVO 8, the Local Animal Welfare Committee or the OV) note an infringement demanding action to be taken, the proper authority/right person is to be informed as soon as possible. With regard to animal transports, the Authority was furthermore informed that according to the current Norwegian Animal Welfare Act, the DV may not apply direct sanctions against offenders. The act is currently under revision in order to comply with Council Directive 91/628/EEC. According to the proposed revision, the DV will be able to apply direct sanctions. Currently, the DV may turn the complaint over to the Local Animal Welfare Committee who may apply sanctions. According to 26 of the Animal Welfare Act, the animal welfare committee is empowered to fine an owner or manager who fails to comply with directives 5 For further details see the last report from a fresh meat mission (Doc. No D) available on the Authority s homepage ( on the Internet. 6 The information received in the reply to the pre-mission questionnaire has been amended by the Norwegian comments to the draft report (see in the addendum). 7 See in the addendum. 8 The abbreviation LVO is a quotation from the answer to the pre-mission questionnaire. It could not be verified what this terms stands for.

6 Page 6 issued in pursuance with the Act within the deadlines set, in the form of a single fine or as running daily fines. Alternatively, a complaint may be turned over to the police who may press charges. Concerning animal welfare at slaughter the Authority was informed in the same communication that the Local Animal Welfare Committee has the right to inspect, but cannot give directives concerning conditions within the area of the slaughterhouse. Alternatively, the complaint may be turned over to the police who may press charges. During the mission information was received from the OVs that there had been no feedback from the Local Animal Welfare Committees in several cases. It was also observed that the OVs and DVs differ in their interpretation on the powers and duties of the Local Animal Welfare Committees, for instance: It seemed to be unclear, which information has to be submitted to the Local Animal Welfare Committee and whether this information could only be submitted to the DV acting as secretary. It was unclear whether the Local Animal Welfare Committee (and not just the DV) is to be involved as regards calves and bovines, since these species are covered by a specific legislation (Council Directives 91/629/EEC and 91/630/EEC, as amended). 9 There were different opinions on whether the Local Animal Welfare Committee can overrule a decision made by a DV and if, in such a case, the DV might use the RV as a level of appeal. Finally, it could not be clarified, whether these Committees are to be considered as part of the Competent Authorities in Norway, which obligations they have and what procedures they must follow (for example answer all letters, follow-up all cases) Recruitment and training The OVs in Norway are employed as civil servants by the public services (see further under and 6.1.2). However, it is possible that an OV carries out meat control in a slaughterhouse situated in the same area where he runs private practise. The same goes for DVs. There are no special training courses regarding animal welfare organised by SDT or SNT. Nevertheless, SNT has issued guidelines on animal welfare in the slaughterhouses addressed to OVs. In the answer to the pre-mission questionnaire it was stated that more standardized training courses are normally arranged when considered necessary by the RVs. It could not be confirmed by the Authority s inspectors that such courses had been held in the field of animal welfare 11. The mission team was informed that, in general, DVs are supposed to be trained by the RVs and that the central level is not involved in the frequency and content of such training. It could not be confirmed during the mission that all regions provide regular training Prioritisation of controls / Reporting procedures (flow of information) The prioritisation of control is not co-ordinated centrally, although there are certain requirements in the European legislation (see 6.3.1). It was observed that, apart from the In the comments to the draft report Norway informed that the local animal welfare committees have the authority towards all owners [ ], including animals covered by specific legislation. 10 In the reply to the pre-mission questionnaire the Norwegian Authority submitted information that the Committees are competent authorities (see in the addendum). 11 Information was received in the comments to the draft report on training courses held in different regions (see in the addendum).

7 Page 7 national project on the control of live animal transport, there was no homogenous approach regarding the control of animals during transport and other aspects related to animal welfare. Furthermore, it could not be clarified according to which guidelines or standards the DVs and RVs have to perform their tasks and reports. It was stated in the answer to the pre-mission questionnaire that according to the current Norwegian Animal Welfare Act the DV may not apply direct sanctions against offenders (see also under 6.1.3). These have to be applied by the Local Animal Welfare Committees. The OVs informed the inspectors that usually they receive no feed back from those committees or the DVs. Furthermore, they were not informed about actions taken and their content (apart from cases involving the DV in the district where the slaughterhouse is situated). In this regard it was observed that OVs sometimes tended to take action on their own. Whilst others, decided to stop writing routine reports to DVs, due to the missing feed back. Some other examples for the flow of information include the following: It was observed during the inspection that a flock of 5000 layers (coming from a farm for parent birds with more intense veterinary supervision) was confiscated at the slaughterhouse because of their cachectic and dehydrated state. In the afterward discussion, where representatives from SDT dealing with several districts were present, it came out that the same problems had appeared with that holding before This might have been not known to the OV and DV before, due to the fact that the holding consisted of several houses placed in different districts. In another case, an OV informed about a bovine, which had been transported to the slaughterhouse with a femur fracture and a one-year-old bovine weighing 90 kg at arrival in the slaughterhouse. In both cases, no feed back from the relevant DV or local animal welfare committee, concerning possible actions taken, reached the OV. One slaughterhouse informed about having reported to the region on animals arrived dead to the slaughterhouse. It could not be clarified if the region is in a position to relate those data to the district of origin of the animals and if the reporting to the central level is based on the same data from all regions/districts. 6.2 Veterinary surveillance Authorisation of transporters Information was received in the answer to the pre-mission questionnaire, that the RV registers animal transporters, approved by the Norwegian Public Road Administration, while the District Veterinarian (DV) approves vehicles occasionally used for transporting animals to and from pasture. Additionally, the Norwegian legislation lays down in Article (Art.) 21 of FOR No. 384, that separate boxes/containers, which can be used on different means of transport, shall be approved by the DV. According to Art. 2 (2) (a) of Council Directive 91/628/EEC, the definition of means of transport shall include containers for land, sea or air transport. During the inspection, an unauthorised truck, with a container transporting poultry to a slaughterhouse was observed. On the spot, the DV stated that the lorry must not be approved but only the container based on it and that this could be done by the DV. This statement could not be confirmed in the meeting with other DVs. Thus, there is doubt on how the competent authority ensures an homogeneous authorisation system throughout the country. Furthermore, the observed container, which was a standard 40-foot container without solid walls and no special features for the transport of animals, was not build-up in a way to ensure that poultry could be transported under adequate temperature conditions. In addition, there were no signs on the

8 Page 8 lorry or the container, indicating that this was an animal transport, as required by Chapter I, B (9) of the Annex to Council Directive 91/628/EEC Approval of lairages Article 10 of Council Directive 64/433/EEC requires that Member States shall not approve an establishment unless they are satisfied that it complies with the Directive. Pursuant to its Annex I, Chapter I (1) slaughterhouses must have adequate lairage. One slaughterhouse visited had been approved by the Norwegian Authorities for the slaughter of domestic animals. Nevertheless, its lairage had not been approved by SDT so far, because it was not in compliance with the housing capacities required in point 6, part II of Annex A to Council Directive 93/119/EC Ante-mortem inspection According to the answer to the pre-mission questionnaire, during ante-mortem inspection, the official veterinarian has to verify that animal welfare is respected. Furthermore, the time of transport has to be checked. Council Directive 71/118/EEC, as amended, requires in its Art. 3 (1) (d) that fresh poultry meat [ ] must come from an animal inspected before slaughter, in accordance with its Chapter III of Annex I. Therefore, animals must have passed a pre-slaughter health inspection. It was observed in one poultry slaughterhouse that operators performed their tasks without taking account of the fact that a pre-slaughter health inspection had not been carried out so far. It could not be demonstrated how the operators could distinguish between flocks that had undergone pre-slaughter health inspection or not 12. In all slaughterhouses visited, except one slaughterhouse for domestic animals, there were no records on ante-mortem control or pre-slaughter health inspection. 6.3 Control of animal transports Organisation of official checks According to Art. 8 of Council Directive 91/628/EEC, Member States shall ensure that the competent authority checks that the requirements of the Directive have been complied with by carrying out non-discriminatory inspections. Such inspections must be carried out on an adequate sample of animals transported every year. In the course of the inspection, it could not be verified how the competent authority ensures that their inspections cover an adequate sample of animals transported every year Registration of transporters Article 5 (1) (a) and 5 (2) (a) of Council Directive 91/628/EEC requires that Member States shall ensure that any transporter is registered in a manner enabling the competent authority to identify the person rapidly in the event of failure. It was observed that transporters are not registered centrally, but that every RV has his own register. Information was received during the mission that the OV and the DVs consider this system not to allow for rapid identification 12 While drafting the report, the Authority received information that the OV had taken immediate action to ensure that the establishment only slaughters animals after the OV had signed an ante-mortem record (Doc. No A).

9 Page 9 of transporters, as they have to find out first which RV is responsible for the authorisation and registration and then have to reach him on the phone Training of drivers of animal transports Article 5 (A) 2 (a) of Council Directive 91/628/EEC requires that the transporter must entrust the transport of live animals to staff who possesses the necessary ability, professional competence and knowledge. According to the answer to the pre-mission questionnaire, drivers are required to undergo an educational programme enabling them to transport animals in accordance with the national legislation 13. These courses are approved by the central unit of SDT and arranged by different trade organizations. They include lectures held by representatives of the regional SDT levels and cover common slaughter animals, poultry or reindeer. Attestation for such education shall be available for inspection by the DV at the time of transporting live animals. During the inspection two out of four drivers had no such attestation with them. In one poultry slaughterhouse, the RV informed that he could allow a driver to transport animals without any education until the next course would take place. This information was not confirmed by the other RVs met. Hence, is does not seem clear how the central competent authority ensures a homogeneous approach throughout the country Staging points Article 4 of Council Regulation (EC) No. 1255/97 requires that staging points shall be used exclusively to receive, feed, water, rest, accommodate, care for and dispatch animals passing through. Information was received during the mission that the only approved staging point in Norway is located in the lairage of a slaughterhouse, which would not be in compliance with the mentioned Regulation Calculation of transport times The place of departure is defined by Art. 2 (2) (e) of Council Directive 91/628/EEC as the place where the animal is first loaded on to a means of transport. Article 2 (2) (g) of the mentioned Directive defines journey as the transport from the place of departure to the place of destination. It was observed during the inspection, that the Norwegian legislation lays down different ways to calculate the time without water and feed resulting from a transport. Article 12 of FOR No. 775 requires that animals shall be fed if the time of transport and lairage together exceed 18 hours. Article 23 of FOR No. 384 states that all animals, except poultry, shall be transported not more than eight hours. Exceptionally, if the transport cannot reach a closer slaughterhouse or under bad weather conditions, this transport time might be prolonged for three hours. These transports have to take place in special lorries (see 6.3.8) and animals have to be watered and fed according to Art. 24 (1-3) of FOR No These different possibilities to calculate the mentioned time would not be in line with the uniform provisions laid down in Chapter VII of the Annex to Council Directive 91/628/EEC. It was observed that, in compliance with the Norwegian legislation, cocks were transported 15 min., but not fed or watered during the 17 hours while they were kept in the slaughterhouse before being slaughtered. This is not in line with Annex A III (3) of Council Directive 93/119/EC. 13 Further information was received in the comments to the draft report on training courses held in different regions (see in the addendum). 14 In the comments to the draft report, Norway submitted information that the approved staging point [ ] is located in the area of the slaughterhouse, close to the lairage (see in the addendum).

10 Page Checks at place of departure According to information received during the mission, there are no assembly centres or markets in Norway. Thus, health certificates do usually not accompany the animals and there are hardly any checks at departure. The consignments of animals observed during the mission were accompanied by commercial documents in which the time of loading of the first animal was not always indicated but instead the departure time from the first farm. A manual collection of spent laying hens was observed. The collection was done in a calm way and the farmer informed that it is mostly his family collecting the birds. However, it was observed that the birds were stored outside, unprotected from wind and rain, before being loaded on a truck. This truck could not ensure that they were transported under adequate temperature conditions (see further under and 6.3.9) Transport times in remote areas Article 16 (1) of Council Directive 91/628/EEC indicates that Member States may exempt from the provisions of this Directive movement of animals in certain parts of the territories referred to in Annex I to Council Directive 90/675/EEC, to take account of their remoteness from the mainland part of the Community territory. Council Directive 90/675/EEC is no longer in force and has been replaced by Council Directive 97/78/EC. According to Art. 23 FOR No. 775, the RV may grant a general permission for up to 11-hour transports of slaughter animals in the regions of Nordland, Troms and Finnmark, if the transport to the nearest slaughterhouse cannot be done within eight hours. Such a general permission is not in line with Council Directive 91/628/EEC. Furthermore, there is doubt on how the competent authority is able to ensure that these prolonged transports are only used for transporting slaughter animals to the nearest slaughterhouse, as laid down in the Norwegian Regulation. It was observed, that the vehicles used for these kind of transports did not fulfil all requirements laid down in Council Directive 91/628/EEC and Council Regulation (EC) No. 411/98 (see next point) Requirements for transports longer than eight hours Article 5 (2) (b) of Council Directive 91/628/EEC requires that for the animals referred to in Art. 1 (1) of the Directive, which are to be traded between Member States or exported to third countries, and in cases where the time exceed eight hours, a route plan shall be drawn up. It could not be confirmed during the mission whether this is laid down in the Norwegian legislation; no evidence of such route plans was found on the spot. The maximum journey time of eight hours, as laid down in Chapter VII (2) of the Annex to Council Directive 91/628/EEC, can be extended if certain additional requirements, as laid down in the following point (3) in the Directive, are met. The provisions of point three also require that the transporting vehicle must carry appropriate feed for the animal species transported and for the journey time. There must be direct access to the animals and the vehicles shall be equipped with a connection to a water supply. Moreover, point 4 of Chapter VII the Annex of Council Directive 91/628/EEC requires that pigs on long distance transports shall have permanent access to water. The same is required by Art. 24 (2) of FOR No The vehicles inspected during the mission, which were partly used for long distance transports, were not equipped accordingly.

11 Page 11 Pursuant to point 4 in the Annex to Council Regulation (EC) No. 411/98, vehicles used for journeys longer than eight hours shall be equipped with a ventilation system, which ensures that a range of temperature from 5ºC to 30ºC can be maintained within the vehicle for all animals [ ]. It could not be confirmed during the inspection that this is reflected in the Norwegian legislation 15 and the vehicles seen during the inspection were not equipped accordingly. Point 31 of Chapter II to the Annex of Council Directive 91/628/EEC requires for poultry, in the case of a journey lasting more than 12 hours, disregarding loading and unloading time, that suitable food and water shall be available in adequate quantities. However, it was observed during the inspection that poultry was kept without food and water for up to 18 hours, which is also not in line with Annex A Chapter III (3) of Council Directive 93/119/EC Loading densities, separation of animals during transport and design of transport containers Subchapter D of Chapter VI of the Annex to Council Directive 91/628/EEC lays down as a minimum requirement, that all pigs must at least be able to lie down and that the loading density for pigs around 100 kg shall not exceed 235 kg/m 2, which is equivalent to 0,42 m 2 per 100 kg pig. The Norwegian legislation lays down in Annex I to FOR No. 384 that pigs of 100 kg shall be granted 0,35 m 2, which is not in accordance with the Directive. It was confirmed on the spot that pigs of that size were transported according to the space granted by the Norwegian legislation, in one case even including a sow in the group, which is not in compliance with the Directive. Chapter 1 (3) (a) in the Annex to Council Directive 91/628/EEC requires that adults and young animals shall be kept separate from each other. It was observed that pigs of different ages were mixed. Point 30 of Chapter II in the Annex to Council Directive 91/628/EEC requires by reference to point 2 (a) (b) and (c) that poultry under transport shall have space to stand in their natural position. The means of transport and containers shall be constructed and operated so, as to protect the animals against inclement weather. Furthermore, the means of transport and containers shall be easy to clean and disinfect and so constructed and operated, as to avoid injury and unnecessary suffering to animals and enhance their safety during transport. The different types of containers observed during the mission could only ensure smaller individuals, like broilers, to almost stand in their natural position. However, they were also used to transport larger individuals like laying hens or cocks (see point 6.4.2). The containers and one poultry transporter were not constructed in such a way as to protect animals against inclement weather. Additionally, animals were stored unprotected outside in the rain during loading. They were loaded in a transporter that could not ensure that an adequate temperature was maintained (see also 6.2.1). After cleaning, all types of containers still carried rests of faeces, raising the risk of transmitting diseases. Thus, they were not easy to clean and disinfect. 15 Information was received in the comments to the draft report that the obligation to draw up a route plan is laid down in Article 17 third section of FOR No. 775 (see in the addendum).

12 Page Control of animal welfare in slaughterhouses Time of slaughter Council Directive 64/433/EEC requires in its Annex I, Chapter VII, point 29 that slaughter animals brought into slaughter premises must be slaughtered immediately [ ] 16. It was observed that domestic animals were regularly lairaged over night due to co-ordination practices in the collection of animals and the slaughter routines. Council Directive 93/119/EC requires in its Annex A III (3) that animals transported in containers must be slaughtered as soon as possible; otherwise they must be watered and fed (water must be available at all times and if they are not slaughtered within 12 hours of arrival they must be fed). The Norwegian legislation requires in Art. 12 of FOR No. 775 that animals, which cannot be slaughtered immediately, shall have access to drinking water and shall be fed within adequate intervals. In none of the establishments visited, it was foreseen that poultry would be slaughtered as soon as possible or otherwise watered or fed, which is not in compliance with the mentioned Council Directive Feeding of slaughter animals The Norwegian legislation requires in Art. 12 of FOR No. 775 that animals shall be fed if transport and lairage together exceed 18 hours. This calculation is not foreseen in the European legislation. Point II (9) and point III (3) of Annex A to Council Directive 93/119/EC lay down that animals, which have not been slaughtered within 12 hours of their arrival, must be fed. Furthermore, Chapter VII of the Annex to Council Directive 91/628/EEC lays down requirements on how animals have to be fed during transport. It was observed that for example cocks had been transported 15 minutes and slaughtered after 17 hours in the slaughterhouse without water and food. This is not in accordance with Council Directive 93/119/EC. Furthermore, the Norwegian provisions lay down that animals would not have to be fed until 18 h have passed. This could result in practice in non compliance with the European legislation as regards other species, like unweaned calves, lambs, kids, foals, piglets, domestic soliungulates and other animals as those referred to in Art. 1 (1) a of Council Directive 91/628/EEC Conditions in the lairages Council Directive 93/119/EC lays down in Annex A II (10) that animals kept for more than 12 hours or more at a slaughterhouse must be lairaged [ ] in such a way that they can lay down without difficulty. Where animals are not tethered, food must be provided in a way, which will permit the animals to eat undisturbed. The Norwegian legislation requires in Article 12 of FOR No. 775 that animals, which cannot be slaughtered immediately, shall be able to lie down without any problems. If animals are tethered, they shall be fed in a way that they can eat without being disturbed. In both slaughterhouses for domestic animals visited, it was observed that the boxes for bovines were to short for the breeds used. It was not ensured that animals of larger breeds, like Charolais or with big horns like Highlands, could eat the provided nutrition 17. In one slaughterhouse for domestic animals the lairage, which was not approved by SDT, was not large enough to cater for the amount of animals slaughtered and the unloading area for 16 For the Norwegian comments submitted to the draft report see in the addendum. 17 In the comments to the draft report information was received that large animals [ ] will be kept in to boxes so that eating as well as laying down and standing up will give no problems (see in the addendum).

13 Page 13 animals was the car wash, which is not in compliance with Annex I, Chapter II (14) (a) to Council Directive 64/433/EEC and point II (6) of Annex A to Council Directive 93/119/EC. This had already been criticised when the Authority inspected the establishment in the year Article 12 of FOR No. 775 indicates that all animals kept over night in the slaughterhouse shall have straw or adequate material. Council Directive 93/119/EC requires in its Annex A II (7) that animals kept in the lairage over night, shall have suitable bedding material where necessary. It could not be confirmed that bovine animals were provided with bedding material, as also required in the Norwegian legislation. In the poultry slaughterhouses visited, birds were lairaged in rooms where the doors to the outside were kept open (to a different extent). In both establishments, there was doubt as to whether the lairage capacity was sufficient in relation to the slaughter activity, as required in point II (6) of Annex A to Council Directive 93/119/EC. In one establishment operators pushed transport containers containing animals over the floor which had a perforated bottom as part of the unloading routine. Thus, there was a risk that animals could injure their claws. Finally, these animals were lairaged in a way that containers/animals stood in undrained water Milking of lactating slaughter animals Council Directive 91/628/EEC lays down in its Annex, Chapter I (A), point 7 (b) that cows in milk shall be milked at intervals of about 12 hours but not exceeding 15 hours. The Norwegian legislation requires in Art. 8 of FOR No. 384 that lactating cows and goats shall be milked just before loading and high lactating animals shall afterwards be milked two times in 24 hours. Furthermore, Art. 9 of FOR No. 775 lays down that domestic animals in high lactation must be milked if they cannot be slaughtered on the day of arrival. It was observed, that one of the slaughterhouses for domestic animals visited was not equipped to milk animals, although they were slaughtering bovines Separation of slaughter animals Chapter I (3) of Annex A to Council Directive 93/119/EC indicate that animals, which might injure each other on account of their species, sex, age or origin, must be lairaged apart from each other. In both slaughterhouses visited, it was observed that pigs, in particular, were not separated according to their breed, origin and age (sows were mixed with slaughter pigs). Furthermore, it was observed that bovines with and without horns were housed in neighbouring boxes, raising the risk of injuries Stunning and bleeding of animals Point II (1) (c) of Annex C to Council Directive 93/119/EC states that animals must not be placed in stunning pens unless the operator, who is to stun them, is ready to do so, as soon the animal is placed in the pen. Furthermore, animals must not be placed in head restraint until the slaughter man is ready to stun them. In one slaughterhouse it was observed that bovines had to wait two to three minutes with the heads fixed in a halter before they were stunned. Point 3 of Annex B to Council Directive 93/119/EC requires that animals, which are stunned or killed by electrical or mechanical means applied to the head, must be presented in such a 18 While drafting the report, the Authority received information that the OV had immediately ordered the establishment to change forthwith the unloading routines to avoid possible claw injuries and the housing conditions in the lairage (Doc. No A).

14 Page 14 position that the equipment can be applied and operated easily, accurately and for the appropriate time. In one slaughterhouse visited, bovine heads were not fixed at all when using the captive bolt, thus it was not ensured that the animals would be stunned accurately. In another slaughterhouse, pigs were not fixed at all when applying the electrodes for electrical stunning. It was observed that electrodes were at first positioned, for example, on the eye of an animal (see also next point). In the other slaughterhouse visited the pig slaughter line was not in function during the inspection. However, no equipment to fix pigs when applying the electrodes was observed. Therefore, there is doubt how it can be ensured that also these animals are stunned in line with the legal requirements. Point 4 of Annex B to Council Directive 93/119/EC requires that electrical stunning equipment must not be used as a means of restraint or immobilization or to make animals move. In the slaughterhouse where the pig slaughter was inspected, the operator fetched one out of the up to six animals, running around freely in a room of approximately 12 square metres, with electrodes of the stunning equipment. After having received an initial electric shock, the animals were immobilised. Thus, the operator repositioned the electrodes to continue the stunning. Due to the varying stunning positions, it was impossible for the operator to control the stunning by monitoring the voltmeter 19. However, animals were immediately lifted on one hind leg to be transported to the bleeding. At the bleeding, several animals were observed that still showed cornea reflexes, which indicates that they were not sufficiently stunned. The operator at the bleeding, who was supposed to check the reflexes, was not in a position to do so, due to the work routines. Point 1 of Annex D to Council Directive 93/113/EC requires for animals which have been stunned, that bleeding must start as soon as possible after stunning and be carried out in such a way as to bring about rapid, profuse and complete bleeding. Furthermore, the Directive requires that bleeding must be carried out before the animal regains consciousness. In the pig slaughter described above, an animal was observed that regained consciousness under bleeding, which is not in line with the Directive. The Norwegian legislation (Art. 19 of FOR No. 775) requires that bleeding starts, when stunning with a captive bolt or a projectile, at the latest one minute after stunning and when using other methods at the latest after 20 seconds. It was observed in the premises visited that, except for the slaughter of poultry, the Norwegian requirements were not fulfilled Dressing of animals Point 2 of Annex D to Council Directive 93/119/EC states that no further dressing procedures [ ] may be performed on the animal before the bleeding has ended. In one slaughterhouse it was observed that immediately after starting to bleed bovines, the rodding procedure took place. The Norwegian legislation requires in Art. 19 of FOR No. 775 that no dressing procedure shall take place until 30 seconds after incision of the arteries. The wording makes no reference to the end of the bleeding, as required in the above-mentioned Directive. 7 Conclusions 7.1 The competent authorities The competent authorities are independent, but there is still a lack of co-ordinated surveillance programmes and exchange of information between SNT, SDT and the KNTs, as already mentioned in the last fresh meat report (Doc. No D). 19 See in the addendum.

15 Page It could not be clarified during the mission what is the stand and power of the Local Animal Welfare Committees, for what animal species they are responsible and what procedures they have to follow. Thus, there is doubt on how a homogeneous approach can be ensured throughout the country and towards the various species The staff was motivated and well trained. However, the deficiencies observed in the course of the mission and the varying understanding of the tasks, for example regarding authorisation of transporters, call for further and centrally co-ordinated training It was observed that the prioritisation of controls was not centrally co-ordinated and that there was not a homogenous approach and level of control in the places visited The OVs in the slaughterhouse have to follow guidelines concerning their reporting obligations. Such reporting routines could not be confirmed for the DVs, RVs and the Local Animal Welfare Committees. Thus, it could not be demonstrated that all relevant information is forwarded within the system Information was received, that the OVs in the slaughterhouses are de-motivated by the often-missing feed back from the districts and Local Animal Welfare Committees. Such feed back seems only ensured when the case happens in districts close to the slaughterhouse. 7.2 Veterinary Surveillance It was observed, that there was a different approach on how to authorise the 40-foot containers to be used on different vehicles. Furthermore, it was observed that such containers were approved, although they did not fulfil the requirements for animal transporters It was observed that a slaughterhouse received EEA approval, although its lairage was not approved, which is not in compliance with Art. 10 of Council Directive 64/433/EEC In one poultry slaughterhouse, it was observed that birds could be slaughtered without having passed pre-slaughter inspection, which is not in compliance with Art. 3 (I) (a) of Council Directive 71/118/EEC, as amended. In general, improvement is needed to demonstrate the results of performed ante-mortem controls. 7.3 Control of animal transports There was no evidence during the mission on how the competent authority ensures that its inspections cover an adequate sample of animals transported every year, as required in Art. 8 of Council Directive 91/628/EEC The system for the registration of transporters was not enabling the competent authority to identify the responsible person rapidly in the event of failure, as required in Art. 5 (1) (a) and 5 (2) (a) of Council Directive 91/628/EEC Information was received during the mission that a DV might allow a transporter to temporarily drive without having received the necessary training. Therefore, there is doubt if a homogenous system throughout the country is in place. Furthermore, there

16 Page 16 were drivers who had not all necessary certificates at hand. This, in combination with the current registration system of transporters, is an obstacle to the performance of official controls According to information received during the mission, the approved staging point is not in compliance with Art. 4 of Council Regulation (EC) No. 1255/ The collection of laying hens was satisfactory. However, it was observed that the animals were exposed to inadequate climatic conditions during loading, transport and unloading, which is not in line with point 30 of Chapter II of the Annex to Council Directive 91/628/EEC, as amended The Norwegian Authorities have granted a general permission for transports up to 11 hours in certain areas to reach the nearest slaughterhouse. It could not be demonstrated how this is controlled by the competent authority It could not be demonstrated to the mission team how the requirements of Art. 5 (2) (b) of Council Directive 91/628/EEC, concerning a route plan, and those of point 4 of the Annex to Council Regulation (EC) No. 411/98, concerning the inside temperature during long distance transports, are applied The loading density for pigs up to 100 kg is not in compliance with Council Directive 91/628/EEC, as amended An improvement is needed concerning the separation of animals under transport and their protection against inclement weather The design of containers used for transporting poultry was not in compliance with point 30 of Chapter II of the Annex to Council Directive 91/628/EEC, as amended regarding the offered heights, the protection of animals and how they could be cleaned and disinfected, which calls for rectification. 7.4 Control of animal welfare in slaughterhouses The co-ordination of animal transports and slaughter time needs to be improved in order to avoid unnecessary long lairage times in slaughterhouses It must be ensured that poultry has access to food and water, as required in Annex A III (3) of Council Directive 93/119/EC It was observed that animals were kept for up to 18 hours without food and water, which is not in compliance with point 31 of Chapter II to the Annex of Council Directive 91/628/EEC and point II (9) and point III (3) of Annex A to Council Directive 93/119/EC It is not in accordance with Annex A II (10) Council Directive 93/119/EEC that animals cannot lay down nor eat undisturbed when being kept more than 12 hours in a slaughterhouse. Furthermore, in one slaughterhouse for domestic animals the lairage capacity and the layout have to be adjusted to slaughter volume, to comply with Annex I, Chapter II (14) (a) to Council Directive 64/433/EEC and point II (6) of Annex A to Council Directive 93/119/EC.

17 Page In both poultry slaughterhouses visited, the lairage conditions/routines and the lairage capacity need improvement in order to protect the housed birds and to comply with point II (6) of Annex A to Council Directive 93/119/EC It has to be ensured that lactating cows can be milked in order to comply with point 7 (b) in Chapter I (a) of the Annex to Council Directive 91/628/EEC Animals have to be lairaged in a way that they cannot hurt each other, as required in Chapter I (3) of Annex A to Council Directive 93/119/EC The routines and the facilities for stunning and bleeding animals in slaughterhouses for domestic animals must be improved to comply with point 3 and 4 of Annex B, point II (1) (c) of Annex C and point 1 of Annex D to Council Directive 93/119/EEC. Thus, it must be ensured that animals are stunned immediately, accurately and effectively. Furthermore, only properly stunned animals shall be bled It must be ensured that the bleeding procedure is finished before dressing starts, as required by point 2 of Annex D to Council Directive 93/119/EEC. 8 Recommendations to Norwegian competent authorities The Norwegian Authorities should notify the Authority of written evidence of the corrective action relevant to the points mentioned in Chapter 7 within two months after receiving the final report. The Authority underlines the importance of equal treatment of all establishments, including those not inspected by the Authority. 9 Addendum to the mission report (Comments from Norway) Norway informed the Authority in a letter dated 2 March 2004 about the comments from its competent authority on the factual content of the report and measures already taken to remedy deficiencies mentioned in the draft report. The full text of the letter from the competent authority is annexed: SUBJECT: DRAFT REPORT - EFTA SURVEILLANCE AUTHORITHY'S MISSION TO NORWAY 24 TO 28 NOVEMBER 2003 CONCERNING ANIMAL WELFARE (COUNCIL DIRECTIVES 91/628/EEC AND 93/119/EEC) Dear Sir or Madam. Please find our comments on factual contents in the draft report from the mission by the EFTA Surveillance Authority to Norway from 24 to 28 November Legislation. Last paragraph:... Veilederfor dyrevern islakterier (Guidelines for animal welfare in slaughterhouses) issued in 2002 by the Norwegian Animal Health Authority, addressed