1991L0629 — EN — 05.06.2003 — 003.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:

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COUNCIL DIRECTIVE

of 19 November 1991

laying down minimum standards for the protection of calves

(91/629/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission ( 1 ), Having regard to the opinion of the European Parliament ( 2 ), Having regard to the opinion of the Economic and Social Committee ( 3 ), Whereas all Member States have ratified the European Convention on the protection of animals kept for farming purposes; whereas the Community has also approved this Convention by Decision 78/923/EEC ( 4 ) and has deposited its instrument of approval; Whereas the European Parliament, in its Resolution of 20 February 1987 on animal welfare policy ( 5 ), called on the Commission to make proposals on minimum standards for the intensive farming of veal calves; Whereas calves, being live animals, are included in the list of products set out in Annex II to the Treaty; Whereas the keeping of calves is an integral part of agriculture; whereas it constitutes a source of revenue for part of the agricultural population; Whereas differences which may distort conditions of competition interfere with the smooth running of the organization of the common market in calves and calf products; Whereas there is therefore a need to establish common minimum standards for the protection of rearing calves or calves for fattening in order to ensure rational development of production; Whereas it is necessary for official services, producers, consumers and others to be kept informed of developments in this field; whereas the Commission should therefore, on the basis of a report from the Scientific Veterinary Committee, pursue actively scientific research into the most efficient stock-farming system(s) from the point of view of the well-being of calves; whereas provision should accordingly be made for an interim period to enable the Commission to complete this task successfully, HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive lays down the minimum standards for the protection of calves confined for rearing and fattening.

Article 2

For the purposes of this Directive:

1. ‘calf’ shall mean a bovine animal up to six months old;

2. ‘competent authority’ shall mean the competent authority as defined in Article 2 (6) of Directive 90/425/EEC ( 6 ).

Article 3

1. Member States shall ensure that from 1 January 1994 and for a transitional period of four years, all holdings newly built or rebuint and/or brought into use for the first time after that date shall comply with at least the folloging requirements:

— where calves are housed in groups, they must have sufficient unobstructed floor space to be able to turn round and lie down without hindrance of at least 1,5 m2 for each calf of 150 kg live weight,

— where calves are housed in individual boxes or by tethering in stalls, the boxes or stalls shall have perforated walls and their width must be no less than 90 cm plus or minus 10%, or 0,80 times the height at the withers.

2. The provisions of paragraph 1 shall not apply to holdings with fewer than six calves.

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3. From 1 January 1998, the following provisions shall apply on all newly built or rebuilt holdings and on all those brought into use after that date:

(a) no calf shall be confined in an individual pen after the age of eight weeks, unless a veterinarian certifies that its health or behaviour requires it to be isolated in order to receive treatment. The width of any individual pen for a calf shall be at least equal to the height of the calf at the withers, measured in the standing position, and the length shall be at least equal to the body length of the calf, measured from the tip of the nose to the caudal edge of the tuber ischii (pin bone), multiplied by 1,1. Individual pens for calves (except those for isolating sick animals) must not have solid walls, but perforated walls which allow the calves to have direct visual and tactile contact;

(b) For calves kept in groups, the unobstructed space allowance available to each calf shall be at least equal to 1,5 m2 for each calf with a live weight of less than 150 kilograms, at least equal to 1,7 m2 for each calf with a live weight of 150 kilograms or more but less than 220 kilograms, and at least equal to 1,8 m2 for each calf with a live weight of 220 kilograms or more.

However, the provisions of this paragraph shall not apply to:

— holdings with fewer than six calves;

— calves kept with their mothers for suckling.

From 31 December 2006, the provisions provided for above shall apply on all holdings.

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4. The duration of use of installations built

— before 1 January 1994 which do not meet the requirements of paragraph 1 shall be determined by the competent authority in the light of the results of the inspections provided for in Article 7 (1), and shall under no circumstances extend beyond 31 December 2003.

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Article 4

1. Member States shall ensure that the conditions for rearing calves comply with the general provisions laid down in the Annex.

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Article 5

The provisions in the Annex may be amended in accordance with the procedure laid down in Article 10 in order to take account of scientific progress.

Article 6

Not later than ►M1 1 January 2006 ◄ , the Commission shall submit to the Council a report, drawn up on the basis of an opinion from the Scientific Veterinary Committee, on the intensive farming system(s) which comply with the requirements of the well-being of calves from the pathological, zootechnical, physiological and behavioural point of view, as well as the socio-economic implications of different systems, together with proposals relevant to the report's conclusions.

The Council shall act by a qualified majority on these proposals no later than three months after their submission.

Article 7

1. Member States shall ensure that inspections are carried out under the responsibility of the competent authority in order to check that the provisions of this Directive and its Annex are complied with.

These inspections, which may be carried out on the occasion of checks made for other purposes, shall each year cover a statistically representative sample of the different farming systems used in each Member State.

2. The Commission shall, in accordance with the procedure laid down in Article 10, draw up a code of rules to be applied in carrying out the inspections provided for in paragraph 1.

3. Every two years, by the last working day in April and for the first time by 30 April 1996, Member States shall inform the Commission of the results of the inspections carried out during the previous two years in accordance with this Article, including the number of inspections carried out in relation to the number of holdings in their territory.

Article 8

In order to be imported into the Community, animals coming from a non-member country must be accompanied by a certificate issued by the competent authority of that country, certifying that they have received treatment at least equivalent to that granted to animals of Community origin as provided for by this Directive.

Article 9

Veterinary experts from the Commission may, where necessary for the uniform application of this Directive, carry out on-the-spot checks in cooperation with the competent authorities. The persons carrying out these checks shall implement the special personal hygiene measures necessary to exclude any risk of transmission of disease.

The Member State in the territory of which a check is being carried out shall give all necessary assistance to the experts in carrying out their duties. The Commission shall inform the competent authority of the Member State concerned of the results of the checks.

The competent authority of the Member State concerned shall take any measures which may prove necessary to take account of the results of the checks.

With regard to relations with non-member countries, the provisions of Chapter III of Directive 91/496/EEC ( 7 ) shall apply.

General rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 10.

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Article 10

1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health set up pursuant to Article 58 of Regulation (EC) No 178/2002 ( 8 ).

2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC ( 9 ) shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3. The Committee shall adopt its Rules of Procedure.

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Article 11

1. Member States shall bring into force the laws, regulations and administrative provisions, including any sanctions, necessary to comply with this Directive not later than 1 January 1994. They shall forthwith inform the Commission thereof.

Where Member States adopt these provisions, the latter shall include a reference to this Directive or shall be accompanied by such a reference on their official publication. The details of this reference shall be adopted by the Member States.

2. However, from the date set in paragraph 1, Member States may, in compliance with the general rules of the Treaty, maintain or apply within their territories stricter provisions for the protection of calves than those laid down in this Directive. They shall inform the Commission of any such measures.

Article 12

This Directive is addressed to the Member States.

ANNEX

1. Materials used for the construction of calf accommodation and in particular of boxes and equipment with which calves may come into contact must not be harmful to the calves and must be capable of being thoroughly cleaned and disinfected.

2. Until Community rules are laid down on the matter, electrical circuits and equipment must be installed in accordance with current national rules so as to avoid electric shocks.

3. Insulation, heating and ventilation of the building must ensure that the air circulation, dust level, temperature, relative air humidity and gas concentrations are kept within limits which are not harmful to the calves.

4. All automated or mechanical equipment essential for the calves' health and well-being must be inspected at least once daily. Where defects are discovered, these must be rectified immediately or, if this is impossible, appropriate steps must be taken to safeguard the health and well-being of the calves until the defect has been rectified, notably by using alternative methods of feeding and maintaining a satisfactory environment. Where an artificial ventilation system is used, provision must be made for an appropriate back-up system to guarantee sufficient air renewal to preserve the health and well-being of the calves in the event of failure of the system, and an alarm system must be provided to warn the stock-keeper of the breakdown. The alarm system must be tested regularly.

5. Calves must not be kept permanently in darkness. To meet their behavioural and physiological needs, provision must be made, allowing for the different climatic conditions in the Member States, for appropriate natural or artificial lighting; if the latter, it must function for a period at least equivalent to the period of natural light normally available between 9 a.m. and 5 p.m. In addition, suitable lighting (fixed or portable) strong enough to allow the calves to be inspected at any time must be available.

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All housed calves shall be inspected by the owner or the person responsible for the animals at least twice daily and calves kept outside shall be inspected at least once daily. Any calf which appears to be ill or injured shall be treated appropriately without delay and veterinary advice shall be obtained as soon as possible for any calf which is not responding to the stock-keeper's care. Where necessary, sick or injured calves shall be isolated in adequate accommodation with dry, comfortable bedding.

7. The accommodation for calves must be constructed in such way as to allow each calf to lie down, rest, stand up and groom itself without difficulty.

8. Calves shall not be tethered, with the exception of group-housed calves which may be tethered for periods of not more than one hour at the time of feeding milk or milk substitute. Where tethers are used, they shall not cause injury to the calves and shall be inspected reguarly and adjusted as necessary to ensure a comfortable fit. Each tether shall be designed to avoid the risk of strangulation or injury and to allow the calf to move in accordance with point 7.

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9. Housing, pens, equipment and utensils used for calves must be properly cleaned and disinfected to prevent cross-infection and the build-up of disease-carrying organisms. Faeces, urine and uneaten or spilt food must be removed as often as necessary to minimize smell and avoiding attracting flies or rodents.

10. Floors must be smooth but not slippery so as to prevent injury to the calves and so designed as not to cause injury or suffering to calves standing or lying on them. They must be suitable for the size and weight of the calves and form a rigid, even and stable surface. The lying area must be comfortable, clean, and adequately drained and must not adversely affect the calves. Appropriate bedding must be provided for all calves less than two weeks old.

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All calves shall be provided with an appropriate diet adapted to their age, weight and behavioural and physiological needs, to promote good health and welfare. To this end, their food shall contain sufficient iron to ensure an average blood haemoglobin level of at least 4,5 mmol/litre and a minimum daily ration of fibrous food shall be provided for each calf over two weeks old, the quantity being raised from 50 g to 250 g per day for calves from eight to 20 weeks old. Calves shall not be muzzled.

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12. All calves must be fed at least ►M2 twice ◄ a day. Where calves are housed in groups and not fed ad libitum, or by an automatic feeding system, each calf must have access to the food at the same time as the others in the group.

13. All calves over two weeks of age must have access to a sufficient quantity of fresh water or be able to satisfy their fluid intake needs by drinking other liquids. ►M2 However, in hot weather conditions or for calves which are ill, fresh drinking water shall be available at all times. ◄

14. Feeding and watering equipment must be designed, constructed, placed and maintained so that contamination of the calves' feed and water is minimized.

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Each calf shall receive bovine colostrum as soon as possible after it is born and in any case within the first six hours of life.

( 1 ) OJ No C 214, 21. 8. 1989, p. 28.

( 2 ) OJ No C 113, 7. 5. 1990, p. 180.

( 3 ) OJ No C 62, 12. 3. 1990, p. 37.

( 4 ) OJ No L 323, 17. 11. 1978, p. 12.

( 5 ) OJ No C 76, 23. 3. 1987, p. 185.

( 6 ) OJ No L 224, 18. 8. 1990, p. 29. Directive as last amended by Directive 91/496/EEC (OJ No L 268, 24. 9. 1991, p. 56).

( 7 ) OJ No L 268, 24. 9. 1991, p. 56.

( 8 ) OJ L 31, 1.2.2002, p. 1.

( 9 ) OJ L 184, 17.7.1999, p. 23.