Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes
Date: 1998-07-20
Institutions: Council of the European Union
Subjects: agricultural holding, animal welfare, livestock farming, protection of animals, veterinary inspection

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COUNCIL DIRECTIVE 98/58/EC

of 20 July 1998

concerning the protection of animals kept for farming purposes

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 Commission (1),

Having regard to the opinion of the European Parlia-
ment (2),

Having regard to the opinion of the Economic and Social
Committee (3),

the Protection of Animals Kept

Whereas all Member States have ratified the European
Convention for
for
Farming Purposes (hereinafter called ‘the Convention');
whereas the Community has also approved this Conven-
tion by Decision 78/923/EEC (4) and has deposited its
instrument of approval;

Whereas the Community, as a contracting party, must
give effect to the principles laid down in the Convention;

those principles

include the provision of
Whereas
housing, food, water and care appropriate to the physio-
logical and ethological needs of the animals, in accord-
ance with established experience and scientific know-
ledge;

Whereas it is also necessary for the Community to make
further provision for
the
Convention and its recommendations and for specific
rules concerning the application of this Directive;

the uniform application of

Whereas the European Parliament, in its resolution of 20
February 1987 on animal welfare policy (5) called on the
Commission to make proposals for Community rules
covering general aspects of the rearing of livestock;

Whereas Declaration No 24 annexed to the Final Act of
the Treaty on European Union calls on the European
institutions and the Member States, when drafting and
implementing Community legislation,
in particular on
the common agricultural policy, to pay full regard to the
welfare requirements of animals;

Whereas differences which may distort conditions of
competition interfere with the smooth running of the
organisation of the market in animals;

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 organisation of the
market in animals; whereas to that end it is appropriate to
take account of animal welfare provisions already laid
down in Community rules;

(1) OJ C 156, 23. 6. 1992, p. 11.
(2) OJ C 337, 21. 12. 1992, p. 225.
(3) OJ C 332, 16. 12. 1992, p. 22.
(4) OJ L 323, 17. 11. 1978, p. 12.
(5) OJ C 76, 23. 3. 1987, p. 185.

Whereas a comparative examination of animal welfare
provisions applicable in the Community and in certain
non-member countries together with an appraisal thereof
should be undertaken with a view to determining the
nature of future Community initiatives aimed at elim-
inating distortions of competition,

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive lays down minimum standards for the
1.
protection of animals bred or kept for farming purposes.

2.

It shall not apply to:

(a) animals living in the wild;

(b) animals intended for use in competitions, shows,

cultural or sporting events or activities;

(c) experimental or laboratory animals;

(d) any invertebrate animal.

3.
This Directive shall apply without prejudice to
specific Community rules laid down elsewhere, and in
particular to Directives 88/166/EEC (6), 91/629/EEC (7)
and 91/630/EEC (8), which shall continue to apply.

Article 2

For the purposes of this Directive the following defini-
tions shall apply:

1.

any animal

‘animal':
reptiles or
amphibians) bred or kept for the production of food,
wool, skin or fur or for other farming purposes;

(including fish,

(6) Council Directive 88/166/EEC of 7 March 1998 complying
with the judgment 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)
(OJ L 74 19. 3. 1988, p.
83).

(7) Council Directive 91/629/EEC of 19 November 1991 laying
down minimum standards for the protection of calves (OJ L
340, 11. 12. 1991, p. 28). Directive as last amended by Dir-
ective 97/2/EC (OJ L 25, 28. 1. 1997, p. 24).

(8) Council Directive 91/630/EEC of 19 November 1991 laying
down minimum standards for the protection of pigs (OJ L
340, 11. 12. 1991, p. 33).

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2.

3.

‘owner' or ‘keeper': any natural or legal person or
persons
in charge of animals
whether on a permanent or temporary basis;

responsible for or

‘competent authority': the competent authority within
the meaning of Article 2(6) of Council Directive 90/
425/EEC of 26 June 1990 concerning veterinary and
zootechnical checks applicable in intra-Community
trade in certain live animals and products with a view
to the completion of the internal market (1).

Article 3

Member States shall make provision to ensure that the
owners or keepers take all reasonable steps to ensure the
welfare of animals under their care and to ensure that
those animals are not caused any unnecessary pain,
suffering or injury.

Article 4

Members States shall ensure that the conditions under
which animals (other than fish, reptiles or amphibians)
are bred or kept, having regard to their species and to
their degree of development, adaptation and domestica-
tion, and to their physiological and ethological needs in
accordance with established experience and scientific
knowledge, comply with the provisions set out in the
Annex.

Article 5

The Commission shall submit to the Council any
1.
proposals which may be necessary for
the uniform
application of the European Convention for the Protec-
tion of Animals Kept for Farming Purposes and, on the
basis of a scientific evaluation, any recommendations
made under this Convention and any other appropriate
specific rules.

In addition, every five years and for the first time five
2.
years after the date of entry into force of this Directive,
the Commission, on the basis of experience acquired
since the implementation of this Directive, in particular
concerning the measures referred to in paragraph 1 and
technical and scientific developments, shall submit to the
Council a report, accompanied by any appropriate
proposals taking into account the report’s conclusions.

The Council shall act by qualified majority on these

3.
proposals.

Article 6

1. Member States shall ensure that
inspections are
carried out by the competent authority to check compli-
ance with the provisions of this Directive. Such inspec-
tions may be carried out at the same time as checks for
other purposes.

(1) OJ L 224, 18. 8. 1990, p. 29. Directive as last amended by

Directive 92/118/EEC (OJ L 62, 15. 3. 1993, p. 49).

From a date to be determined in accordance with the
2.
procedure laid down in paragraph 3, Member States shall
submit to the Commission reports on the inspections
required under paragraph 1. The Commission shall
submit summaries of those reports to the Standing Veter-
inary Committee.

3.
The Commission shall before 1 July 1999, in accord-
ance with the procedure laid down in Article 9 submit
proposals with a view to harmonising:

(a)

the inspections required under paragraph 1;

(b) the format, content and frequency of submission of

the reports referred to in paragraph 2.

Article 7

1. Whenever uniform application of the requirements
of this Directive renders it necessary, veterinary experts
from the Commission may,
in conjunction with the
competent authorities;

(a) verify that the Member States are complying with the

said requirements;

(b) make on-the-spot checks to ensure that the checks are

carried out in accordance with this Directive.

2. A Member State in whose territory an inspection is
made shall provide the veterinary experts
from the
Commission with any assistance they may require in the
performance of their tasks. The outcome of the checks
made must be discussed with the competent authority of
the Member State concerned before a final report is drawn
up and circulated.

The competent authority of

3.
the Member State
concerned shall take any measures which may be neces-
sary to take account of the results of the check.

4. Detailed rules for the application of this Article shall
in accordance with the
be adopted, where necessary,
procedure laid down in Article 9.

Article 8

Before 30 June 1999 the Commission shall submit

1.
to the Council a report on:

(cid:190) the comparison between animal welfare provisions in
the Community and in non-member countries which
supply the Community,

(cid:190) the scope for obtaining wider international acceptance
of the welfare principles laid down in this Directive,
and

(cid:190) the extent to which Community objectives in relation
to animal welfare may be liable to be undermined as a
result of competition from non-member countries
which do not apply equivalent standards.

2.
The report referred to in paragraph 1 shall be accom-
panied by any necessary proposals with the aim of elim-
inating distortions of competition.

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Article 9

1. Where the procedure laid down in this Article is to
be followed, the matter shall be referred without delay to
the Standing Veterinary Committee set up by Directive
68/361/EEC (1), hereinafter referred to as ‘the Commit-
tee', by its chairman acting either on his own initiative or
at the request of a Member State.

2.
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. The opinion shall be deliv-
ered by the majority laid down in Article 148(2) of the
is
Treaty in the case of decisions which the Council
required to adopt on a proposal from the Commission.
The votes of the representatives of the Member States
within the Committee shall be weighted in the manner
set out in that Article. The chairman shall not vote.

3.

(a) The Commission shall adopt the measures envis-
aged if they are in accordance with the opinion of
the Committee.

(b) If the measures envisaged are not in accordance
with the opinion of
the Committee, or if no
opinion is delivered, the Commission shall without
delay submit to the Council a proposal relating to
the measures to be taken. The Council shall act by
qualified majority.

acted,

If, on the expiry of a period of three months from
the date of referral to the Council, the Council has
not
the
the Commission shall
proposed measures and implement them imme-
diately, save where the Council has decided against
the said measures by a simple majority.

adopt

taken by the Council in the light of the report referred to
in Article 8. They shall forthwith inform the Commission
thereof.

When Member States adopt these measures, they shall
contain a reference to this Directive or shall be accom-
panied by such reference on the occasion of their official
publication. The methods of making such reference shall
be laid down by Member States.

2. However, after 31 December 1999, Member States
may, in compliance with the general rules of the Treaty,
maintain or apply within their territories stricter provi-
sions for the protection of animals kept
for farming
purposes than those laid down in this Directive. They
shall inform the Commission of any such measures.

3. Member States shall communicate to the Commis-
sion the texts of the main provisions of national
law
which they adopt in the field governed by this Directive.

Article 11

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

Article 12

This Directive is addressed to the Member States.

Done at Brussels, 20 July 1998.

Article

10

1. Member States shall bring into force the laws, regula-
tions and administrative provisions, including any sanc-
tions, necessary to comply with this Directive not later
than 31 December 1999, subject to any different decision

For the Council

The President

W. MOLTERER

(1) OJ L 255, 18. 10. 1968, p. 23.

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ANNEX

Staffing

1. Animals shall be cared for by a sufficient number of staff who possess the appropriate ability, knowledge

and professional competence.

Inspection

2. All animals kept in husbandry systems in which their welfare depends on frequent human attention shall
be inspected at least once a day. Animals in other systems shall be inspected at intervals sufficient to avoid
any suffering.

3. Adequate lighting (fixed or portable) shall be available to enable the animals to be thoroughly inspected at

any time.

4. Any animal which appears to be ill or injured must be cared for appropriately without delay and, where an
animal does not respond to such care, veterinary advice must be obtained as soon as possible. Where
necessary sick or injured animals shall be isolated in suitable accomodation with, where appropriate, dry
comfortable bedding.

Record keeping

5. The owner or keeper of the animals shall maintain a record of any medicinal treatment given and of the

number of mortalities found to each inspection.

Where equivalent information is required to be kept for other purposes, this shall also suffice for the
purposes of this Directive.

6. These records shall be retained for a period of at least three years and shall be made available to the

competent authority when carrying out an inspection or when otherwise requested.

Freedom of movement

7. The freedom of movement of an animal, having regard to its species and in accordance with established
experience and scientific knowledge, must not be restricted in such a way as to cause it unnecessary
suffering or injury.

Where an animal is continuously or regularly tethered or confined, it must be given the space appropriate
to its physiological and ethological needs in accordance with established experience and scientific
knowledge.

Buildings and accommodation

8. Materials to be used for the construction of accommodation, and in particular for the construction of pens
an equipment with which the animals may come into contact, must not be harmful to the animals and
must be capable of being throughly cleaned and disinfected.

9. Accommodation and fittings for securing animals shall be constructed and maintained so that there are no

sharp edges or protrusions likely to cause injury to the animals.

10. Air circulation, dust levels, temperature, relative air humidity and gas concentrations must be kept within

limits which are not harmful to the animals.

11. Animals kept in buildings must not be kept either in permanent darkness or without an appropriate
period of rest from artificial lighting. Where the natural light available is insufficient to meet the
physiological and ethological needs of the animals, appropriate artificial lighting must be provided.

Animals not kept in buildings

12. Animals not kept in buildings shall where necessary and possible be given protection from adverse

weather conditions, predators and risks to their health.

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Automatic or mechanical equipment

13. All automated or mechanical equipment essential for the health and well-being of the animals 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 animals.

Where the health and well-being of the animals is dependent on an artificial ventilation system, provision
must be made for an appropriate backup system to guarantee sufficient air renewal to preserve the health
and well-being of the animals in the event of failure of the system, and an alarm system must be provided
to give warning of breakdown. The alarm system must be tested regularly.

Feed, water and other substances

14. Animals must be fed a wholesome diet which is appropriate to their age and species and which is fed to
them in sufficient quantity to maintain them in good health and satisfy their nutritional needs. 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.

15. All animals must have access to feed at intervals appropriate to their physiological needs.

16. All animals must have access to a suitable water supply or be able to satisfy their fluid intake needs by

other means.

17. Feeding and watering equipment must be designed, constructed and placed so that contamination of food

and water and the harmful effects of competition between the animals are minimised.

18. No other substance, with the exception of those given for therapeutic, or prophylactic purposes or for the
purposes of zootechnical treatment as defined in Article 1(2)(c) of Directive 96/22/EEC (1), must be
administered to an animal unless it has been demonstrated by scientific studies of animal welfare or
established experience that the effect of that substance is not detrimental to the health or welfare of the
animal.

Mutilations

19. Pending the adoption of specific provisions concerning mutilations in accordance with the procedure laid
down in Article 5, and without prejudice to Directive 91/630/EEC, relevant national provisions shall apply
in accordance with the general rules of the Treaty.

Breeding procedures

20. Natural or artificial breeding or breeding procedures which case or are likely to cause suffering or injury to

any of the animals concerned must not be practised.

This provision shall not preclude the use of certain procedures likely to cause minimal or momentary
suffering or injury, or which might necessitate interventions which would not cause lasting injury, where
these are allowed by national provisions.

21. No animal shall be kept for farming purposes unless it can reasonably be expected, on the basis of its
genotype or phenotype, that it can be kept without detrimental effect on its health or welfare.

(1) Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain

substances having a hormonal or thyrostatic action and of beta-agonists (OJ L 125, 23. 5. 1996, p. 3).