F1THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas Council Directive 74/577/EEC established rules on the stunning of animals before slaughter;

Whereas the European Convention for the Protection of Animals for Slaughter was approved on behalf of the Community by Council Decision 88/306/EEC; whereas the scope of the Convention is wider than existing Community rules on the matter;

Whereas national laws concerning the protection of animals at the time of slaughter or killing have an impact on the conditions of competition and accordingly on the operation of the common market in agricultural products;

Whereas there is therefore a need to establish common minimum standards for the protection of animals at the time of slaughter or killing in order to ensure rational development of production and to facilitate the completion of the internal market in animals and animal products;

Whereas at the time of slaughter or killing animals should be spared any avoidable pain or suffering;

Whereas, however, it is necessary to allow for technical and scientific experiments to be carried out and to take account of the particular requirements of certain religious rites;

Whereas the rules should also ensure satisfactory protection, at the time of slaughter or killing, for animals not covered by the Convention;

Whereas in the declaration on the protection of animals annexed to the Final Act of the Treaty on European Union, the Conference calls upon the European Parliament, the Council and the Commission, as well as the Member States, when drafting and implementing Community legislation on the common agricultural policy, to pay full regard to the welfare requirements of animals;

Whereas in so doing Community action must comply with the requirements arising out of the principle of subsidiarity laid down in Article 3b of the Treaty;

Whereas Directive 74/577/EEC should be repealed,

HAS ADOPTED THIS DIRECTIVE: