Proposal for a Council Directive laying down minimum standards for the protection of laying hens kept in various systems of rearing (98/C 123/10) COM(1998) 135 final - 98/0092(CNS)

(Submitted by the Commission on 12 March 1998)

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;

Having regard to the opinion of the European Parliament;

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

Whereas on 7 March 1988 the Council adopted Directive 88/166/EEC complying with the judgement of the Court of Justice in Case 131/86 (annulment of Council Directive 86/113/EEC of 25 March 1986 laying down minimum standards for the protection of laying hens kept in battery cages) (1);

Whereas Article 9 of Directive 86/113/EEC requires the Commission to submit, before 1 January 1993, a report on scientific developments regarding the welfare of hens under various systems of rearing and on the provisions in the Annex to the Directive, accompanied by any appropriate adjustment proposals;

Whereas the Community, as a contracting party to the European Convention for the Protection of Animals kept for Farming Purposes (hereinafter called 'the Convention`), must give effect to the principles of animal welfare laid down in the Convention; whereas those principles include the provision of housing, food, water and care appropriate to the physiological and ethological needs of the animals;

Whereas the Standing Committee of the European Convention for the Protection of Animals kept for Farming Purposes has adopted in 1995 a detailed recommendation concerning domestic fowl, which includes laying hens;

Whereas the protection of laying hens is a matter of exclusive Community competence;

Whereas the report from the Commission, based on an opinion from the Scientific Veterinary Committee, conlcudes that there is clear evidence for poor welfare in hens kept in current battery cages and that certain needs of hens cannot be met in such cages; whereas there is also evidence that the welfare of hens may be poor in other systems of rearing if a high standard of management is not maintained;

Whereas minimum standards for the protection of laying hens kept in all systems of rearing should be established in order to meet the obligations of the Community as a contracting party to the Convention, and to remove differences in national laws which may distort conditions of competition and in consequence interfere with the operation of the internal market;

Whereas, in derogation from the general requirements for the rearing of laying hens, the use of cages may be allowed to continue under certain conditions, including improved structural and space requirements;

Whereas studies on the welfare of laying hens in different systems of rearing should be continued to assess whether keeping a derogation for the use of cages is appropriate;

Whereas a further report should be made by the Commission accompanied, if necessary, by appropriate proposals;

Whereas Council Regulation (EC) No 950/97 on improving the efficiency of agricultural structures provides for investment aids aiming at adoption of agricultural holdings;

Whereas Council Regulation (EEC) 1907/90 on certain marketing standards for eggs lays down general rules for the labelling of eggs and egg-packs, whereas the Commission will make appropriate proposals to amend this Regulation to introduce mandatory labelling of table eggs produced in the Community replacing the actual optional approach concerning rearing systems;

Whereas it is advisable for the sake of clarity and rationality to repeal and replace Directive 88/166/EEC;

HAS ADOPTED THIS DIRECTIVE:

Article 1

1. This Directive lays down minimum standards for the protection of laying hens kept in various systems of rearing.

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

Article 2

For the purposes of this Directive, the following definitions shall apply:

1. 'Laying hens`: adult hens of the species Gallus gallus which are kept for egg production;

2. 'Nest`: a separate area for egg laying for an individual bird or for a group of birds;

3. 'Litter`: material such as wood shavings, straw, sand, turf, etc. which can be manipulated by the birds;

4. 'Battery cage`: any enclosed space intended for laying hens;

5. 'Enriched cage`: a battery cage equipped with litter, perches and a nestbox.

Article 3

1. Member States shall ensure that from 1 January 1999, all newly built or rebuilt systems of rearing and all such systems of rearing brought into use for the first time, comply at least with the following requirements:

(a) at least one individual nest, suitable for egg laying, shall be provided for 8 laying hens or, if communal nests are used, at least 1m² of nest space for 100 birds. If the group size per unit is less than 8 laying hens, then each unit shall have an individual nest;

(b) adequate perching facilities, mounted 10 cm above ground or floor level, without sharp edges and providing at least 15 cm per bird, must be available for all hens. The horizontal distance between perches must be more than 1 meter;

(c) litter must be provided so as to enable the birds to dustbath;

(d) when linear feeders are used, each bird must have access to at least 10 cm of feeding space. When circular feeders are used there shall be at least 4 cm feeding space per bird;

(e) when continuous drinking troughs are used, each bird must have access to at least 10 cm of trough. When cups or nipple drinkers are used, at least 1 cup or nipple drinker must be provided for every 10 birds. If the group size is less than 10 birds at least two nipple drinkers or two drinking cups shall be within reach of that group;

(f) the floor must be constructed so as to support adequately each of the forward facing claws of each foot.

2. If systems of rearing are used where the birds can move freely between different levels, or in single floor systems or rearing, the following additional conditions to the requirements of paragraph 1 are met:

(a) in systems of rearing with different levels, the height between the levels must be at least 50 cm;

(b) the drinking and feeding facilities must be distributed equally;

(c) the competent authority may allow break trimming, with the restriction that beak trimming may only be practised on chickens less than the age of 10 days;

(d) at least half of the ground must be supplied with litter. The litter must be maintained in a friable condition and must be suitable for pecking, scratching and dust bathing.

3. If enriched cages are used, the following additional conditions to the requirements of paragraph 1 are met:

(a) cages shall be at least 50 cm high at any point;

(b) the birds shall not have their beaks trimmed.

4. Without prejudice to Article 9 Member States may authorise derogations from points (a), and (c) of paragraph 1 in order to permit the use of battery cages if the following conditions are met:

(a) at least 800 cm² of cage area, measured in a horizontal plane which may be used without restriction, shall be provided for each hen;

(b) cages shall be at least 50 cm high at any point;

(c) cages shall be fitted with claw shortening devices approved by the competent authorities and suitable perches;

(d) cages shall be provided with a fully-opening cage front or an equivalent opening in another part of the cage to prevent injuries to the birds;

(e) there shall be a minimum aisle width of 1 m between tiers of cages to facilitate inspection, installation and depopulation of birds;

(f) the floor slope shall not exceed 14 % or 8°. In the case of floors using other than rectangular wire mesh, Member States may permit steeper slopes;

(g) the birds shall not have their beaks trimmed.

5. In each case where a derogation has been granted in accordance with paragraph 4, the Member State concerned shall verify that the conditions laid down in that paragraph have been met.

6. Moreover, Member States shall ensure that from 1 January 2009 the minimum requirements laid down in paragraphs 1 to 4 apply to all systems of rearing.

Article 4

1. Member States may allow until 31 December 2008 the use of battery cages which are in use on 1 January 1999 and which are not yet older than 10 years, provided that they comply at least with the following requirements;

(a) at least 450 cm² of cage area, measured in a horizontal plane which may be used without restriction, in particular, not including non-waste deflection plates liable to restrict the area available, shall be provided for each laying hen;

(b) a feed trough which may be used without restriction shall be provided. Its length shall be at least 10 cm multiplied by the number of animals in the cage;

(c) unless nipple drinkers or drinking cups are provided, each battery cage shall have a continuous drinking channel of the same length as the feed trough mentioned in point (b). Where drinking points are plumbed in, at least two nipple drinkers or two drinking cups shall be within reach of each cage;

(d) battery cages shall be at least 40 cm high over 65 % of the cage area and not less than 35 cm at any point;

(e) floors of battery cages must be constructed so as to support adequately each of the forward-facing claws of each foot. Floor slope shall not exceed 14 % or 8°. In the case of floors using other than rectangular wire mesh, Member States may permit steeper slopes;

(f) the birds shall not have their beaks trimmed.

2. Battery cages which are on 1 January 1999 more than 10 years old may be authorised by the competent authority on a case by case basis for a period which shall under no circumstances extend beyond 31 December 2003, and provided that they comply at least with the requirements as laid down in paragraph 1.

3. However, from 1 January 2004 the required space per hen as laid down in paragraph 1(a) of this Article shall be increased to at least 550 cm² per hen.

Article 5

1. Member States shall ensure that conditions for laying hens are in accordance with the requirements laid down in the Annex.

2. The provisions in the Annex may be amended in accordance with the procedure laid down in Article 8 in order to take account of scientific progress.

Article 6

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 8, 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 2001, 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 7

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

The Member State in the territory where 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.

General rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 8.

Article 8

Where the procedure laid down in this Article is to be followed, the following rules shall apply:

(a) The representative of the Commission shall submit to the Standing Veterinary Committee (hereinafter called 'Committee`) a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote;

(b) The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes;

(c) The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.

Article 9

Not later than 1 January 2006, the Commission shall submit to the Council and to the Parliament a report, drawn up on the basis of an opinion from the Scientific Veterinary Committee, on the systems of rearing for keeping laying hens which comply with the requirements of the welfare of laying hens from the pathological, zootechnical, physiological, behavioural and socio-economic point of view, together with appropriate proposals to phase out those systems of rearing which do not meet these requirements.

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

Article 10

Council Directive 88/166/EEC is repealed with effect from 1 January 1999.

Article 11

1. Member States shall bring into force the laws, regulations and administrative provisions, necessary to comply with this Directive before 1 January 1999. They shall forthwith inform the Commission thereof.

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.

Article 12

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.

Article 13

This Directive is addressed to the Member States.

(1) OJ L 74, 19.3.1988, p. 83.

ANNEX

1. Materials used for the construction of accommodation for the birds, and in particular equipment with which the birds may come into contact, must not be harmful to the birds and must be capable of being thoroughly cleaned and disinfected. The construction of the accommodation must be such as to prevent any injury to the birds.

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

3. The 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 birds.

4. All automated or mechanical equipment essential for the bird's health and welfare must be inspected at least twice 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 welfare of the birds 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 welfare of the birds 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.

Written records of each defect, including any action taken as a result, shall be available on the holding and to the competent authority, upon request, for a minimum period to be determined by the competent authority but which may not be less than three years.

5. The birds 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 birds to be inspected at any time must be available. However, in the case of artificial lighting, the poultry must have an appropriate resting period each day during which the light intensity must be reduced in such a way that the poultry can rest properly.

In floor pens light intensity has to be kept constant.

6. All birds must be inspected by the owner or the person responsible for the birds at least twice daily.

Daily written records of these inspections, including any action taken as a result, shall be available on the holding and to the competent authority, upon request, for a minimum period to be determined by the competent authority but which may not be less than than three years.

For birds appearing not to be in good health, including behavioural changes, steps shall be taken to establish the cause and appropriate remedial measures shall be implemented, e.g. treatment, isolation, culling or attention to environmental factors. If the cause is traced to an environmental factor in the production unit which does not need to be remedied immediately, this should be corrected when the accommodation is emptied and before the next batch of birds is put in.

Veterinary advice must be obtained as soon as possible for birds which are not responding to the stock-keeper's care.

7. Buildings, equipment and utensils used for birds must be properly cleaned and disinfected to prevent cross-infection and the build-up of disease-carrying organisms. Droppings and uneaten or spilt food must be removed as often as necessary to minimize smell and to avoid attracting flies or rodents.

Those parts of the buildings or cages which are in contact with the birds shall be thoroughly cleansed and disinfected every time the house is emptied and before a new batch of birds is brought in.

8. Accommodation comprising four or more tiers of cages shall be permitted only if a fixed catwalk or other approved device is provided to allow inspection of the upper cages and to facilitate removal of birds from those cages.

9. All birds shall have access to adequate, nutritious and hygienic feed each day and to adequate fresh water at all times, except in the case of therapeutic or prophylactic treatment.

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

11. Birds shall be cared for by a sufficient number of personnel who have been trained and are experienced in the husbandry system used.

12. De-winging, pinioning, notching or tendon severing shall not be carried out. When it is necessary to reduce the ability to fly, the flight feathers of one wing may be clipped by a skilled operator.

13. The birds must have appropriate protection against predators and extreme climate conditions.

14. Buildings, cages and enclosures must be suitably equipped to prevent the birds escaping.