COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(92) 192 final 
Brussels, 15 May 1992 
Proposal for a 
COUNCIL DIRECTIVE 
concerning the protection of animals kept for 
farming purposes 
(presented by the Commission) 
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EXPLANATORY MEMORANDUM 
The European Convention for the Protection of Animals kept for Farming 
Purposes was approved on behalf of the Community by Council Decision 
78/923/EEC1. In 1988, after all Member States had ratified the 
Convention, the Community became a contracting party. The Standing 
Committee established by the Convention, on which the Community votes 
for the Member States, makes Recommendations on the farming of various 
types of animals. Contracting parties must implement these 
Recommendations by law or administrative act. 
The aim of the attached proposal is to implement the requirements of 
the Convention by adopting harmonized rules for the housing, treatment 
and care of farm animals, and providing a legal basis for adoption of 
the Council of Europe Recommendations by a Commission procedure. 
Chapter I of the proposal sets out the scope, which is the same as as 
the Convention, and gives definitions. 
Chapter II lays down welfare principles concerning the responsibilities 
of owners or persons in charge, the planning, construction and 
operation of accomodation and facilities, and the treatment, feeding, 
and breeding of animals. 
Chapter III includes the responsibilities of Member States concerning 
inspection and enforcement, and the possibility for the Commission to 
make on-the-spot inspections. An advisory Committee procedure is 
proposed for the adoption of obligatory Recommendations of the Standing 
Committee of the European Convention and for adaptation of the 
Directive to technical progress. 
1 OJ No L 323, 17.11.1978, p. 12. 
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Proposal for a 
COUNCIL DIRECTIVE 
concerning the protection of animals kept for 
farming purposes 
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 all Member States have ratified the European Convention for the 
Protection of Animals kept for Farming Purposes; whereas the Community 
has also approved this Convention by Decision 78/923/EEC3 and has 
deposited its instrument of approval; 
Whereas it is necessary for the Community, as a contracting party to 
the European Convention for the Protection of Animals kept for Farming 
Purposes, to implement Recommendations of the Standing Committee 
established by the Convention; whereas it is desirable to make 
provision for those parts of the Recommendations which are obligatory 
to be adopted by a Commission procedure in collaboration with the 
Member States; 
1 
2 
3 OJ No L 323, 17.11.1978, p. 12. 
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Whereas the European Parliament, in its Resolution of 20 February 1987 
on animal welfare policy4, called on the Commission to make proposals 
for Community rules covering general aspects of the rearing of farm 
livestock; 
Whereas animals are included in the list of products set out in 
Annex II to the Treaty; 
Whereas the keeping of animals for farming purposes 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 animals and animal products; 
Whereas there is therefore a need to establish common minimum standards 
for the protection of animals kept for farming purposes in order to 
ensure rational development of production and to facilitate the 
completion of the internal market in animals and animal products; 
whereas it is necessary to take account of animal welfare provisions 
already laid down in Community rules, 
HAS ADOPTED THIS DIRECTIVE: 
CHAPTER I 
General Provisions 
Article 1 
1. This Directive lays down minimum standards for the protection of 
animals bred or kept for farming purposes. 
OJ No C 76, 23.3.1987, p. 185. 
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2. It shall apply without prejudice to Community rules laid down 
elsewhere for the protection of certain types of animals. 
Article 2 
For the purpose of this Directive the following definitions shall 
apply: 
1. animal; an animal bred or kept for the production of food, wool, 
skin or fur or for other farming purposes, including animals 
produced as a result of genetic modifications or novel genetic 
combinat ions; 
2. owner or keeper: any person or persons, either natural or legal, 
having ownership of the animals, or charged with keeping the said 
animals, whether or not for financial reward; 
3. intensive farming system; a method of husbandry in which animals are 
kept in such numbers or density, or in such conditions, or at such 
production levels, that their welfare depends upon frequent human 
attention. 
CHAPTER II 
The welfare of animals 
Article 3 
Member States shall ensure that animals are not caused unnecessary 
pain, suffering or distress. 
Article 4 
Member States shall ensure that: 
1. the owner or keeper of an animal shall be responsible for and shall 
take reasonable steps to ensure its welfare; 
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2. animals shall be cared for by a sufficient number of personnel with 
adequate theoretical and practical knowledge of the animals and of 
the husbandry system used. 
Article 5 
Member States shall ensure that animals shall be housed and provided 
with food, water and care in a manner which, having regard to their 
species and to their degree of development, adaptation and 
domestication, is appropriate to their physiological and ethological 
needs in accordance with established experience and scientific 
knowledge. 
Article 6 
Member States shall ensure that natural or artificial breeding or 
breeding procedures which cause, or are likely to cause, suffering or 
injury to any of the animals involved are not practised; no animal 
shall be kept for farming purposes unless it can be reasonably 
expected, on the basis of its genotype or phenotype, that it can be 
kept without detrimental effects on its health or welfare. 
Article 7 
Member States shall ensure that: 
1. the freedom of movement appropriate to an animal, having regard to 
its species and in accordance with established experience and 
scientific knowledge, shall not be restricted in such a manner as to 
cause it unnecessary suffering or injury; 
2. where an animal is continuously or regularly tethered or confined, 
it shall be given the space appropriate to its physiological and 
ethological needs in accordance with established experience and 
scientific knowledge. 
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Article 8 
Member States shall ensure that the lighting, temperature, humidity, 
air circulation, ventilation, and other environmental conditions such 
as gas concentration or noise intensity in the place in which an animal 
is housed shall, having regard to its species and to its degree of 
development, adaptation and domestication, conform to its physiological 
and ethological needs in accordance with established experience and 
scientific knowledge. 
Article 9 
Member States shall ensure that no animal shall be provided with food 
or liquid in a manner, nor shall such food or liquid contain any 
substance, which may cause unnecessary suffering or injury. 
No other substance with the exception of those given for therapeutic or 
prophylactic purposes shall be administered to an animal unless it has 
been demonstrated by scientific studies of animal welfare or 
established experience that the effect of the substance is not 
detrimental to the health or welfare of the animal. 
Article 10 
Member States shall ensure that the condition and state of health and 
welfare of animals shall be thoroughly inspected at intervals 
sufficient to avoid unnecessary suffering and in the case of animals 
kept in intensive stock-farming systems at least once a day. 
Article 11 
Member States shall ensure that when an animal is to be killed on the 
farm, this shall be done competently and in any case without causing 
unnecessary pain or distress to the animal or to other animals. 
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Article 12 
Member States shall ensure that technical equipment used in intensive 
farming systems is thoroughly inspected at least once daily, and that 
any defect discovered is remedied with the least possible delay. When a 
defect cannot be remedied forthwith, all temporary measures necessary 
to safeguard the welfare of the animals shall be taken immediately. 
CHAPTER III 
Final provisions 
Article 13 
Measures necessary for the application of obligatory Recommendations of 
the Standing Committee of the European Convention for the Protection of 
Animals kept for Farming Purposes, and any specific rules necessary for 
the application of this Directive, shall be adopted in accordance with 
the procedure laid down in Article 17. 
Article 14 
Member States shall arrange for inspections to be made by the competent 
authority to ensure compliance with this Directive. 
Such inspections, which may be carried out on the occasion of checks 
made for other purposes, shall cover a statistically-representative 
sample of the farming systems in each Member State each year. 
Article 15 
Commission veterinary experts may, to the extent necessary for uniform 
application of this Directive, carry out on-the-spot inspections in 
collaboration with the competent authorities of the Member States. The 
Commission shall inform the Member States of the outcome of such 
inspections. 
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The Member State on whose territory the inspections are carried out 
shall provide the experts with all the assistance required for the 
accomplishment of their task. 
Article 16 
The Commission shall be assisted by the Standing Veterinary Committee 
set up by Council Decision 68/361/EEC5 hereinafter referred to as 
"the Committee". 
Article 17 
Where the procedure laid down in this Article is to be used, the 
following rules shall apply: 
The representative of the Commission shall submit to the 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. 
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. 
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 18 
Member States shall take the appropriate specific measures to penalize 
infringements of this Directive. 
OJ No L 255, 18.10.1968, p. 23. 
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Article 19 
Member States shall bring into force the laws, regulations and 
administrative provisions necessary to comply with this Directive no 
later than 1 January 1993. 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 procedure for such 
reference shall be adopted by Member States. 
Article 20 
This Directive is addressed to the Member States. 
Done at Brussels, For the Council 
The President 
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ISSN 0254-1475 
COM(92) 192 final 
DOCUMENTS 
EN 03 
Catalogue number: CB-CO-92-211-EN-C 
ISBN 92-77-44015-5 
Office for Official Publications of the European Communities 
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