# EUR-Lex - 52012DC0006 - EN

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# 52012DC0006

**COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE on the European Union Strategy for the Protection and Welfare of Animals 2012-2015 /* COM/2012/06 final */**

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1.
introduction

Article 13 of the Treaty on the Functioning of
the European Union recognises animals as sentient beings and requires full
regard be given to the welfare requirements of animals while formulating and
enforcing some EU policies.

For the first time in 2006, the Community
Action Plan on the Protection and Welfare of Animals 2006-2010[1], adopted by the Commission,
grouped the various aspects of EU policy on animal welfare governing the
keeping of billions of animals for economic purposes in the EU. Around two
billion birds[2]
and three hundred million mammals are used for farming purposes. An estimated
twelve million animals per year are used for experimentation. Dog and cats
population is estimated at around one hundred million animals[3], mainly privately owned. It is
difficult to estimate the volume of pet animals traded in the EU. EU data are
not available on the number of animals kept in zoos and aquaria.

A horizontal directive covers the different
aspects of the welfare of farmed animals[4].
Specific aspects are covered by EU legislation on transport[5] and slaughter[6]. Specific EU requirements apply
to the keeping of calves[7],
pigs[8], laying hens[9] and broilers[10]. Animals used for
experimentation[11]
are also subject to specific rules on animal welfare. EU legislation on zoos[12] focuses on species
conservation but with consideration for animal welfare. No EU legislation
exists on the welfare of pets. The
EU rules on organic farming include high animal welfare standards for cattle,
pig and poultry production[13].

The present Communication builds on the
experience gained through the 2006-2010 Action Plan to propose lines of EU
action for the next four years taking advantage of the scientific and
technological advances made to reconcile animal welfare with economic realities
in implementing existing legal provisions. This strategy is a continuation of
the Action Plan as recommended by most stakeholders consulted and by the
European Parliament.

Livestock farming in the EU represents an
annual value of 149 billion euros and the use of experimental animals is
estimated to an annual value of 930 million euros.

2.
Why a strategy for animal welfare?

In recent years[14], the Union has dedicated on
average nearly 70 million euros per year to support animal welfare, of which
71% is directed to farmers as animal welfare payments from the European
Agriculture Fund for Rural Development. Expenditure under rural development is
co-financed by the Member States and in addition to the specific measure for
animal welfare commitments going beyond the legal baseline, Member States can
also choose to offer, according to national priorities, measures supporting
e.g. farm investments, training, advisory services and the participation of
farmers in quality schemes. The rest is dedicated to all other EU activities
relevant to policy making: research (21%), economic studies, communication,
education, training and international issues, enforcement, etc.

Yet, over the years it has become increasingly
clear that simply applying the same sector specific rules to animal welfare
does not always yield the desired results. Problems of compliance to sector
specific rules point the need to reflect on whether a "one size fits
all" approach can lead to better welfare outcomes across the Union. The
diversity of farming systems, climatic conditions, land realities in the
different Member States have led to considerable difficulties in agreeing on
unitary rules and even more difficulties in ensuring their correct
implementation. The net result is that animal welfare conditions in the Union
fall short of a level playing field which is required to sustain the enormous
economic activity that drives the treatment of animals in the European Union.

In addition, although the animal welfare agenda
has been advanced though specific pieces of legislation, there are areas where
no specific EU legislation exists and the existing general requirements are
difficult to apply. There might be room for simplification by
introducing more precise stipulations in the general rules addressing common
underlying drivers of animal welfare.

The evaluation of EU animal welfare policy
concluded that welfare standards have imposed additional costs on the livestock
and experimental sectors, estimated at around 2% of the overall value of these
sectors. There is no evidence that this has so far threatened their economic
sustainability. However every opportunity to express in economic terms the
value added by animal welfare policy should be taken up in order to enhance the
competitiveness of EU agriculture, including small farmers.

The following have been identified as the main
common drivers affecting the welfare status of animals in the Union:

1.      Lack of enforcement of EU
legislation by the Member States is still common in a number of areas.

Some Member States do not take sufficient
measures to inform stakeholders, to train official inspectors, to perform
checks and to apply sanctions[15].
As a result a number of EU legislative provisions have not been fully applied
and have not delivered the intended effects on the welfare of animals.

Animal welfare standards often imply additional
costs but not necessarily proportionately applied along the food chain. The
Union does provide some instruments to compensate producers for higher
production costs. EU legislation allows for transitional periods of several
years in order to facilitate the implementation of structural changes in
certain farming systems; however, this approach has not always led to timely
conversion. Indeed cultural appreciation of animal welfare aspects plays a
fundamental role in enhancing the respect of both the spirit and the actual
stipulations of the legislation.

2.      Consumers' lack of appropriate
information on animal welfare aspects.

An EU-wide survey shows that animal welfare is
a significant issue for 64 % of the population. However studies[16] show that concern for animal
welfare is only one of the factors affecting consumers' choice and often this
aspect does not come into play since they are not always well informed about
the methods of production and their impact on the welfare of animals.
Ultimately consumer decisions are driven mainly by price and directly
verifiable characteristics of food products.

3.      Many stakeholders lack sufficient
knowledge about animal welfare.

While the bulk of EU research funding for
animal welfare is spent on the alternative methods to animal experiments,
findings are not properly disseminated and research activities in the Member
States are not sufficiently well coordinated. Meanwhile, the lack of awareness
about alternative practices in production systems often favours resistance to
changes that could improve animal welfare.

4.      A
need to simplify and develop clear principles for animal welfare.

The general directive on the protection of farm
animals or the directive on zoo animals contain provisions that are too general
to have practical effects like for example in Annex to Directive 98/58/EC:
"All animals must have access to feed at intervals appropriate to their
physiological needs" or in Directive 1999/22/EC on zoo animals: "accommodating
their animals under conditions which aim to satisfy the biological and
conservation requirements of the individual species, inter alia, by providing
species specific enrichment of the enclosures. "

Competence requirements for animal handlers
have been introduced in some EU specific legislation[17]. However, such requirements do
not cover all animals concerned (there is no specific requirement for
competence for keeping poultry or calves) while some animal welfare problems
related to the design of production systems are not covered.

No specific EU legislation exists covering
other species of farm animals (such as dairy cows, beef cattle or rabbits)
despite several problems which have been highlighted by scientists and by the
European Food Safety Authority (EFSA)[18].

3.
Strategic actions

Taking into account what is described above,
this strategy is based on two complementary approaches:

Firstly, some
common problems need to be tackled in a different and holistic manner. For
years, the Union has been adopting or adapting specific legislation to specific
problems. However, the establishment of general principles in a consolidated
revised EU legislative framework may contribute to a simplification of the
animal welfare acquis and ultimately facilitate its enforcement.

Subject to an impact assessment, the Commission
will consider the need for a revised EU legislative framework based on a
holistic approach. In particular, the Commission will consider the feasibility
and the appropriateness of introducing science-based indicators based on animal
welfare outcomes as opposed to welfare inputs as has been used so far; the
Commission will assess whether such a new approach would lead to a simplified legal
framework and contribute to improve the competitiveness of EU agriculture.
Experience gained in those areas where indicators are already foreseen
(broilers and slaughter) will be important to consider for future developments.

Secondly, there
are actions that the Commission already performs but which need to be
reinforced or better used. This is why, in addition to the envisaged simplified
legislative framework, the Commission proposes the following:

·
Develop tools, including where relevant
implementing plans, to strengthen Member States' compliance;

·
Support international cooperation;

·
Provide consumers and the public with
appropriate information;

·
Optimise synergistic effects from current Common
Agriculture Policy;

·
Investigate the welfare of farmed fish.

Impacts on fundamental rights of actions taken in
the context of the present strategy will be thoroughly assessed as appropriate,
in particular as regards freedom of religion[19].
Indeed within this context, the Commission will also be studying the issue of
labelling as provided for in the agreement reached on the legislative proposal
on food information[20].

3.1.
A simplified EU legislative framework for animal
welfare

The Commission will
consider the feasibility of introducing a simplified EU legislative framework
with animal welfare principles for all animals[21]
kept in the context of an economic activity including where appropriate pet
animals, with a specific attention on simplification, reduction of
administrative burden and the valorization of welfare standards as a means to
enhance competitiveness of EU food industry including the value added potential
of animal welfare standards.

It would consider:

(a)
the use of science-based animal welfare
indicators as a possible means to simplify the legal framework and allow
flexibility to improve competitiveness of livestock producers,

(b)
a new EU framework to increase transparency and
adequacy of information to consumers on animal welfare for their purchase
choice,

(c)
the establishment of a European network of
reference centres,

(d)
the creation of common requirements for
competence of personnel handling animals.

(a)     The use of outcome-based animal
welfare indicators.

The possibility of using scientifically
validated outcome-based indicators complementing prescriptive requirements in
EU legislation will be considered when necessary with a specific attention to
the contribution of such new approach to the simplification of the acquis.
Animal-based indicators have been introduced in two recent pieces of EU animal
welfare legislation (Directive 2007/43/EC laying down minimum rules for the
protection of chickens kept for meat production and Regulation (EC) No
1099/2009 on the protection of animals at the time of killing).

Criteria developed by the Welfare Quality®
project[22]
associated with a risk assessment system as applied in the food safety area
(see the Food law[23])
will be examined. The EFSA Scientific Opinions on the development of welfare
indicators would be taken into account together with socio-economic factors in
considering the relevant risk management proposals.

The use of outcome-based animal welfare
indicators is also recognised at international level by organisations such as
the World Organisation for Animal Health (OIE)[24].

(b)     A new EU
framework to increase transparency and adequacy of information to consumers on
animal welfare for their purchase choice

The revised EU legislative framework for animal
welfare could aim at providing for a tool for ensuring consumers that animal
welfare claims are transparent and scientifically relevant.

Synergistic and convergent actions with similar
initiatives at EU level in other relevant policy areas will be explored to
enhance consumer empowerment.

(c)     A European network of reference
centres

The idea of a network of reference centres for
animal welfare has already been discussed by the Commission in a previous
communication[25].
It mainly aims at ensuring that the competent authorities receive coherent and
uniform technical information on the way the EU legislation should be
implemented, especially in the context of outcome-based animal welfare indicators.

The network could be established through the
co-financing of existing scientific and technical national resources on animal
welfare. The role of this network could be to complement and not to duplicate
the role of the European Food Safety Authority and the activity of the Joint
Research Centre of the EU[26].

The network could be organised so as to reflect
the current structure of EU legislation[27]
in order to ensure at EU level the following:

–
Support to the Commission and the Member States
with technical expertise, especially in the context of the use of outcome-based
animal welfare indicators;

–
Conduct training courses for the benefit of
staff from competent authorities and experts from third countries where
relevant;

–
Contribute as appropriate to dissemination of
research findings and technical innovations among EU stakeholders and the
international scientific community;

–
Coordination of research in collaboration, when
appropriate, with existing EU funded research structures [28];

(d)     Common requirements for competence
of personnel handling[29]
animals

The simplified EU legislative framework for
animal welfare could consolidate in a single text and improve the requirements
for competence that already exist in certain pieces of the EU legislation.
General principles to prove competence would be developed on the basis of an
impact assessment.

Common EU requirements for competence for staff
handling animals would aim at ensuring that handlers possess the abilities to
identify, prevent or limit animals' pain, suffering and distress as well as to
know the legal obligations related to the protection and welfare of animals.

In addition, an adequate level of competence
could be considered for people responsible for the design of processes,
facilities or equipment that apply to animals.

A study on animal welfare education will be
launched to identify the animal welfare topics to be included in the curriculum
of professions involved with animals and which actions would be needed to
improve awareness among those professions.

3.2.
Support Member States and take action to improve
compliance

The Commission will address the issue of
compliance as a matter of priority. Compliance can only be achieved through
actions of enforcement performed by or under the responsibility of the Member
States. However, the Commission has an important role to play in ensuring that
compliance is met in a uniform manner in the EU. It is essential to ensure that
equal conditions apply to all EU producers and to ensure that animals are
treated in a proper way. The following actions are being put forward by means
of this strategy:

·
The Commission will continue to perform visits
within the Member States by the FVO. It will also continue to vigorously apply
its prerogatives under the Treaty when bringing cases before the Court of
Justice of the European Union as necessary. This is an essential action of the
Commission for ensuring compliance, especially in a context of ongoing or
future animal welfare challenges.

·
Nevertheless, the Commission believes that a
proper education strategy can be a powerful tool to instil a culture of
compliance among operators and within the Member States. The potential
development of a European network of reference centres could take on this role.

·
In the meantime, the Commission will increase
its efforts in training veterinary inspectors through the Better Training for
Safer Food programme. The Commission will also examine the need and the
possibility to extend training activities to the welfare of experimental
animals as well as to the welfare of wild animals.

·
The Commission will also amplify its role in
advising Member States' competent authorities and encouraging cooperation,
exchange of best practices and agreement of common targets and guidelines
through thematic working groups and events.

·
In the next four years the Commission will
therefore develop specific guidelines or implementing rules on the different
pieces of EU animal welfare legislation[30].

Animal welfare is also a technical issue for
operators dealing with animals in the context of an economic activity. It is
therefore relevant to help them understand the rationale of EU requirements and
the way they could improve compliance through better design or practices.

3.3.
Support international cooperation

A level playing field on animal welfare is
important at international level to ensure global competitiveness of EU
operators. The Union has already developed a number of bilateral and
multilateral activities that needs to be optimised and supported as indicated
by the evaluation.

For that purpose the Commission will:

–
continue to include animal welfare in bilateral
trade agreements or cooperation forums[31]
to increase the strategic opportunities for developing more concrete
cooperation with third countries;

–
remain active in the multilateral arena,
especially at the World Organisation for Animal Health (OIE) and the Food
Agriculture Organisation (FAO), the first having adopted international
standards and both having taken initiatives on animal welfare[32];

–
examine how animal welfare could be better
integrated in the framework of the European neighbourhood policy;

–
organise when appropriate major international
events aimed at promoting the Union's view on animal welfare.

Such actions are opportunities to share the
EU's understanding of animal welfare at global level. It is therefore important
to make an optimal use of available resources dedicated to international
activities on animal welfare to match these challenges and to enhance their
contribution to the competitiveness of European livestock producers in a
globalised world. The Commission will therefore initiate a review of those
actions in order to evaluate their benefits for the EU agricultural sector
amongst others and report to the European Parliament and Council.

3.4.
Provide consumers and the public with
appropriate information

Animal welfare is a societal concern that
appeals to a wide public. Treatment of animals relates to ethics and is part of
Union's set of values. It is therefore relevant to communicate to children,
young adults or the public at large to raise awareness of respect for animals
and to promote responsible ownership.

Animal welfare is also a consumer concern.
Animal products are widely used, in particular in the context of food
production and consumers are concerned about the way animals have been treated.
On the other hand, consumers in general are not empowered to respond to higher
animal welfare standards.

It is therefore relevant to inform EU consumers
about the EU legislation applicable to food producing animals and to ensure
that they are not deceived by misleading animal welfare claims.

Many communication and education activities
exist in the Member States. Comprehensive mapping of the EU situation would
permit the identification of the gaps where the Union could provide an added
value.

All such targets are complementary and may need
specific instruments. Some of them are already in place like Farmland (for
children and teachers in primary schools) or Better Training for Safer Food
programme (for official inspectors). Additionally, the Commission organises
regular meetings for a better understanding and enforcement of EU legislation.
There may be ways to improve their efficiency and to complement them with new
communication tools.

The Commission therefore intends first to launch
a study to map out the current animal welfare education and information
activities directed at the general public and consumers. Such actions could
include the possibility of granting funds for successful trans-national
information campaigns or educational initiatives on animal welfare.

3.5.
Optimise synergies with the Common Agriculture
Policy

Animal welfare is part of a socially oriented
agricultural approach and the Union has already established strong links
between agriculture and animal welfare. Indeed, most of the EU budget dedicated
to animal welfare goes to farmers in the framework of rural development
programmes. However, in particular in time of economic restrictions more
coordination to streamline actions and optimise results is needed.

The Commission will establish a specific
inter-services arrangement to assess how to optimise synergistic effects of the
current mechanisms of the CAP in particular through cross-compliance, rural
development, promotional measures, quality policy, organic farming, etc.

3.6.
Investigate on the welfare of farmed fish

Farmed fish are covered by the scope of the EU
legislation on the protection of animals during transport and at the time of
killing, without specific rules for them. The Commission will continue to seek
scientific advice on a species by species basis and evaluate fish welfare
issues in aquaculture in order to take appropriate action on the basis of the
outcome of that evaluation.

ANNEX

Actions foreseen || Year

Series of enforcement actions on the protection of laying hens (Directive 1999/74/EC) || 2012

Implementing plan and enforcement actions on the grouping of sows (Directive 2008/120/EC) || 2012

Implementing plan for the slaughter regulation (Council Regulation (EC) N° 1099/2009) || 2012

EU implementing rules or guidelines on the protection of animals during transport || 2012

Report the European Parliament and the Council on the impact of genetic selection on the welfare of chickens bred and kept for meat production* || 2012

Report to the European Parliament and the Council on the application of the Regulation (EC) No 1523/2007 banning the placing on the market of cat and dog fur* || 2012

Study on the welfare of farmed fish at the time of killing || 2013

Report to the European Parliament and the Council on the various stunning methods for poultry * || 2013

Report to the Council on the implementation of Directive 98/58/EC* || 2013

EU guidelines on the protection of pigs || 2013

Study on animal welfare education and on information activities directed at the general public and consumers || 2013

Study on the opportunity to provide consumers with the relevant information on the stunning of animals* || 2013

Possible legislative proposal for a simplified EU legislative framework for animal welfare || 2014

Report on the impact of animal welfare international activities on the competitiveness of European livestock producers in a globalised world || 2014

Report to the European Parliament and the Council on system restraining bovine animals by inversion or any unnatural position * || 2014

Study on the welfare of dogs and cats involved in commercial practices || 2014

EU guidelines or implementing rules on the protection of animals at the time of killing || 2014

Report to the European Parliament and the Council on the possibility of introducing certain requirements regarding the protection of fish at the time of killing* || 2015

Report to the European Parliament and the Council on the application of Directive 2007/43/EC and its influence on the welfare of chickens bred and kept for meat production* || 2015

Study on the welfare of farmed fish during transport || 2015

*            Obligations deriving from EU
legislation

[1]               COM(2006)13 final of 23. 1.2006.

[2]               793 millions chickens for meat production, 453
millions laying hens and 197 millions turkeys. Data were not available in all Member
States for turkeys, ducks and geese.

[3]               "Evaluation of the EU policy on animal welfare
and possible policy options for the future" December 2010. See Annex A1.7,
see http://www.eupaw.eu/

[4]                      Council Directive 98/58/EC of 20 July 1998 concerning the protection
of animals kept for farming purposes (OJ L 221, 8.8.1998, p. 23). In addition by Council Decision 78/923/EEC concerning the conclusion of the
European Convention for the protection of animals kept for farming purposes (OJ
L 323, 17.11.1978, p. 12) the Union made this convention part of EU law.

[5]               Council Regulation (EC) No 1/2005 on the protection
of animals during transport (OJ L 3, 5.1.2005, p. 1).

[6]               Directive 93/119/EC on the protection of animals at
the time of slaughter or killing (OJ L340, 31.12.1993, p. 21). To be replaced
on 1.1.2013 by Council Regulation (EC) No 1099/2009 on the protection of
animals at the time of killing (OJ L 303, 18.11.2009, p. 1).

[7]               Council Directive 2008/119/EC laying down minimum
standards for the protection of calves (OJ L 10, 15.1.2009, p. 7).

[8]               Council Directive 2008/120/EC laying down minimum
standards for the protection of pigs (OJ L 47, 18.2.2009, p. 5).

[9]               Council Directive 1999//74/EC laying down minimum
standards for the protection of laying hens (OJ L 203, 3.8.1999, p. 53).

[10]             Council Directive 2007/43/EC laying down minimum rules
for the protection of chickens kept for meat production (OJ L 183, 12.7.2007,
p. 19).

[11]             Directive 2010/63/EU of the European Parliament and the
Council on the protection of animals used for scientific purposes (OJ L 276,
20.10.2010, p. 33).

[12]             Council Directive 1999/22/EC relating to the keeping of
wild animals in zoos (OJ L 94, 9.4.1999, p. 24).

[13]             Council Regulation (EC) No 834/2007 (OJ L189,
20.7.2007, p.1) and Commission Regulation (EC) No 889/2008 (OJ L 250,
18.9.2008, p.1).

[14]             The data from the evaluation report cover the 2000-2008
period.

[15]             In some Member States animals are slaughtered without
stunning in large numbers because authorities grant derogation from stunning
without assessing the qualitative and quantitative justification foreseen by
the EU legislation.

[16]             See Feasibility study: 'Animal welfare labelling and
establishing a Community Reference Centre for Animal Protection and Welfare',
26.012009 by FCEC http://ec.europa.eu/food/animal/welfare/farm/labelling_en.htm

[17]             Directive on pigs, regulation on transport, regulation
on killing, directive on laboratory animals.

[18]             The list of scientific opinions on animal welfare can
be consulted in the Impact Assessment report accompanying this communication.

[19]             Strategy for the effective implementation of the
Charter of Fundamental Rights by the European Union, COM(2010) 573 final of
19.10.2010.

[20]                    Recital 50 of Regulation (EC) No 1169/2011 of the European
Parliament and of the Council on the provision of food information to consumers
(OJ L 304, 22.112011, p. 18) states that: "Union consumers show an increasing interest in the
implementation of the Union animal welfare rules at the time of slaughter,
including whether the animal was stunned before slaughter. In this respect, a
study on the opportunity to provide consumers with the relevant information on
the stunning of animals should be considered in the context of a future Union
strategy for the protection and welfare of animals. "

[21]             Invertebrates used in aquaculture as well as commercial
fishing activities will not be covered by this initiative. Farmed fish will be
subject to specific evaluations.

[22]             http://www.welfarequality.net/everyone/26536/5/0/22

[23]             Regulation (EC) No 178/2002 laying down the general
principles and requirements of food law, establishing the European Food Safety
Authority and laying down procedures in matters of food safety.

[24]             Guiding principles on animal welfare of the
International Animal Health Terrestrial Code. See www.oie.int.

[25]             COM(2009)584 final of 28.10.2009.

[26]             The European Union Reference Laboratory on Alternative
Methods to Animal Testing (ECVAM), hosted at DG JRC is not working directly on
animal welfare but on alternative testing methods.

[27]             Keeping of calves, keeping of pigs, keeping of laying
hens, keeping of broilers, keeping of other farmed animals, transport of
animals, killing of animals, use of animals for experiments and keeping of wild
animals in captivity.

[28]             Such as SCAR (Standing Committee on Agricultural
Research) collaborative working group on animal health and welfare research and
the Animal Health and Welfare ERA-Net (ANIHWA).

[29]             Regulation (EC) No 178/2002 laying down the general
principles and requirements of food law, establishing the European Food Safety
Authority and laying down procedures in matters of food safety.

[30]             In particular as regards the use of the derogation from
stunning animals in case of ritual slaughter.

[31]             This number of free trade agreements with animal
welfare issues has doubled in 2011.

[32]             Nine OIE standards on animal welfare are presently
available (see: http://www.oie.int). The FAO developed meetings in order to
connect expertise and facilitate capacity building in different animal welfare
related areas. It also created a specific website on farm animal welfare
(http://www.fao.org/ag/againfo/themes/animal-welfare/en/)