Proposal for a Council Directive amending Directive 91/629/EEC laying down minimum standards for the protection of calves
Date: 1996-01-24
Institutions: European Commission
Subjects: calf, common organisation of markets, intensive livestock farming, protection of animals, veterinary legislation

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COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  24.01.1996 
COM(96)  21  final 

96/0029  (CNS) 

Proposal  foi  a 
COUNCIL  DIRKCHVI' 

amending  Directive  91/629/lïtiC  laying  down  minimum  standards 
for  the  protection  of  calves 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

On  19  November  1991  the  Council  adopted  Directive  91/629/EEC  laying  down  minimum 
standards  for  the  protection  of  calves(n.  Article  6 of  that  Directive  requires  the  Commission, 
not  later  than  1 October  1997, to  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  points  of  view,  as  well  as  the  socio-economic  implications  of 
different  systems,  together  with  proposals  relevant  to  the  report's  conclusions. 

The  Council  of  Agriculture  Ministers,  in  its  meeting  of  January  1995,  called  on  the 
Commission  to  make  this  report  as  soon  as  possible.  The  Scientific  Veterinary  Committee, 
at  the  request  of  the  Commission,  drew  up  an  opinion  on  the  welfare  of  calves  which  was 
accepted  at  their  meeting  of  9  November  1995. 

the 
The  Commission  has 
European  Parliament  on  the  welfare  of  calves(2),  based  on  their  opinion.  The  attached 
proposal  is  also  based  on  their  opinion. 

communication 

the  Council 

transmitted 

and 

to 

a 

The  protection  of  calves  is  an  exclusive  Community  competence  The  proposed  amendment 
to  the  existing  Directive,  which  sets  out  minimum  standards  for  space  allowance,  is  the 
simplest  means  of  achieving  the  desired  objective. 

The  opinion  of  the  Scientific  Veterinary  Committee  makes  recommendations  in  respect  of 
several  aspects  of  the  welfare  of  calves  which  are  covered  by  Directive  91/629/EEC.  Most 
of  these  matters  are  subject  to  the  provisions  of  the  Annex  to  the  Directive,  which  will  be 
amended  by  the  Commission  following  a  Standing  Veterinary  Committee  procedure.  The 
Commission  intends  to  adopt  the  necessary  amendments  at  the  appropriate  time. 

The  attached  draft  Directive  proposes  to  the  Council  amendments  to  Directive  91/629/EEC, 
to  bring  it  into  line  with  the  recommendations  of  the  Scientific  Veterinary  Committee  in 
respect  of  housing  and  space  allowances,  and  to  allow  a suitable  period  for  farmers  to  adjust 
to  the  new  conditions. 

The  Council  is  requested  to  consult  the  Parliament  on  this  proposal 

OJ  No  L 340,  11.12.1991,  p. 28. 

" 
,:)  COM(95)  711  final. 

Proposal  for  a 
COUNCIL  DiREC IIVE 

amending  Directive  91/629/EEC  laying  down  minimum  standards 
for  the  protection  of  calves 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  43  thereof, 

Having  regard  to  the  proposal  from  the  Commission0', 

Having  regard  to  the  opinion  of  the  European  Pariiamenf  ', 

Whereas  pursuant  to  Article  6  of  Council  Directive  91/629/EEO,},  the  Scientific  Veterinary 
Committee  has given  an opinion  on  9 November  1995, on the  basis of which the  Commission 
has  drawn  up  a  report  which  has  been  submitted  to  the  European  Parliament  and  to  the 
Council; 

Whereas  on  the  basis  of  the  conclusions  of  that  report,  it  is  appropriate  to  amend  certain 
provisions  of  Directive  91/629/EEC  in  order  to  ensure  that  the  rules  are  based  on  scientific 
evidence  and  do  not  go  beyond  what  is  necessary  to  enable  the  organization  of  the  common 
market  in  calves  to  function  effectively; 

Whereas the harmonization  of rules concerning the conditions of calf-rearing  in the  framework 
of  the  common  organization  of  the  markets  is  necessary  to  ensure  the  rational  development 
of  production  under  satisfactory  conditions  of  competition;  whereas  in  this  regard  it  is 
recognized  scientifically  that calves should benefit  from  an environment  corresponding to their 
needs  as  a  herd-living  species;  whereas  for  that  reason  they  should  be  reared  in  groups; 
whereas calves, both group housed  and individually  penned, need  sufficient  space for  exercise, 
contact  with  other  cattle,  and  for  normal  movements  when  standing  up  or  lying  down; 

Whereas  it  is  necessary  to  allow  time  for  holdings  to  make  the  necessary  arrangements  to 
comply  with  the  new  rules; 

Whereas the  Annex  to  Directive  91/629/EEC  will  be amended  by  the  Commission  in the  line 
of  the  opinion  of  the  Scientific  Veterinary  Committee, 

HAS  ADOPTED  THIS  DIRECTIVE: 

Article  1 

Directive  91/629/EEC  is  amended  as  follows: 

1.  Article  3(3)  is  replaced  by  the  following  text: 

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

(2) 

OJNo  C 
OJ  No  C 
OJ  No  L  340,  11.12.1991,  p. 28. 

(a)  No  calf  shall  be  confined  in  an  individual  pen  after  the  age of  eight  weeks, 
unless  a veterinarian  has certified  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. 

(b)  For calves  kept  in groups, the unobstructed  space  allowance  available  to each 
calf  shall  be at  least  equal  to the height  of the calf  at  the withers,  measured  in 
the standing  position,  multiplied  by 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. 

From  I  January  2008,  the  provisions  of  the  first  subparagraph  shall  apply  on 
all  holdings." 

2. 

The second  indent  of  Article  3(4) is  deleted. 

3.  Article  4(2) is  deleted. 

4 

In  Article  6, the date  "I  October  1997"  is  replaced  by  "I  January  2006". 

Article 2 

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  1997. 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. 

2.  However,  as 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 3 

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

This  Directive  is addressed  to the Member  States. 

Article 4 

Done  at Brussels, 

For the  Council 
The  President 

mÊ^ÊÊÊÊÊÊmÊmiÊÊmmmmÊSaÊÊtamimÊÊmm 

E SN 0254-1475 

COM(96) 21  final 

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