Proposal for a COUNCIL DIRECTIVE concerning the protection of animals kept for farming purposes
Date: 1992-05-15
Institutions: European Commission
Subjects: livestock farming, protection of animals

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. 

-  3 -

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. 

-  4 -

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. 

-  7 -

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. 

-  8 

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 

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