Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive laying down minimum standards for the protection of laying hens kept in various systems of rearing (COM(98)0135 C4-0196/98 98/0092(CNS)) (Consultation procedure)
Date: 1999-01-28
Institutions: Committee on Agriculture and Rural Development, European Parliament
Subjects: animal welfare, intensive livestock farming, veterinary legislation, works contract

7.5.1999

EN

Official Journal of the European Communities

C 128/71

Thursday 28 January 1999

4.  Protection of laying hens

*

A4-0481/98

Proposal for a Council Directive laying down minimum standards for the protection of laying hens
kept in various systems of rearing (COM(98)0135 › C4-0196/98 › 98/0092(CNS))

The proposal was approved with the following amendments:

TEXT PROPOSED
BY THE COMMISSION (*)

AMENDMENTS
BY PARLIAMENT

(Amendment 50)

Recital 8

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 struc-
tural and space requirements;

Whereas the use of battery cages should be phased out as
the  Scientific  Veterinary  Committee  has  concluded  that
because of its small size and barrenness, the battery cage as
used at present has inherent severe disadvantages for the
welfare of hens;

(Amendment 1)

Recital 9a (new)

Whereas it is also essential to strike a balance among all the
factors  involved,  including  pathological  aspects  and  the
socio-economic and environmental implications;

(Amendment 2)

Recital 11

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

Whereas Council Regulation (EC) No 950/97 on improving the
efficiency  of  agricultural  structures  provides  for  investment
aids aiming at adaptation of agricultural holdings; whereas in
order to preclude distortions of competition in the adapta-
tion to the required new standards an additional aid system
which  is  not  dependent  on  production  should  be  intro-
duced;

(Amendment 3)

Recital 12

Whereas  Council  Regulation  (EEC)  1907/90  on  certain  mar-
keting  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  Council  Regulation  (EEC)  1907/90  on  certain  mar-
keting  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 and egg products
produced  in  the  Community  replacing  the  actual  optional
approach concerning rearing systems;

(*)  OJ C 123, 22.4.1998, p. 15.

C 128/72

EN

Official Journal of the European Communities

7.5.1999

Thursday 28 January 1999

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

(Amendment 4)

Recital 12a (new)

Whereas,  in  the  event  of  enlargement  of  the  European
Union,  it  needs  to  be  ensured  that  this  system  of  rules  is
applied in its entirety, following appropriate and harmon-
ised transition periods, in the applicant states;

(Amendment 5)

Recital 12b (new)

Whereas appropriate proposals must be made for amend-
ment  of  Council  Regulation  (EEC)  No  1907/90  on  certain
marketing standards for eggs in order to ensure that in the
case  of  imports  of  egg  products  produced  outside  the
Community the eggs used therein are produced in accord-
ance  with  the  minimum  standards  for  the  protection  of
laying hens kept in various systems of rearing applicable in
the Community;

(Amendment 6)

Recital 12c (new)

Whereas  beak-trimming  is  a  mutilation  which  should  be
allowed for laying hens in certain rearing systems until less
aggressive  strains  of  laying  hens  have  been  bred,  thereby
making beak-trimming unnecessary;

(Amendment 8)

Article 2(4)

4.

(cid:145)Battery  cage(cid:146):  any  enclosed  space  intended  for  laying
hens;

4.

(cid:145)Conventional cage(cid:146): an enclosed space which cannot be
entered by people intended for laying hens and equipped
with feeding and drinking containers and an egg-laying
area;

(Amendment 9)

Article 2(5)

5.

(cid:145)Enriched  cage(cid:146):  a  battery  cage  equipped  with  litter,
perches and a nestbox.

5.

(cid:145)Enriched  cage(cid:146):  a  laying  cage  equipped  with  litter,
perches and a nestbox.

(Amendment 10)

Article 2(5a) (new)

5a.

(cid:145)Beak-trimming(cid:146):  the  removal  of  the  point  of  the

upper and lower mandible;

7.5.1999

EN

Official Journal of the European Communities

C 128/73

Thursday 28 January 1999

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

(Amendment 11)

Article 3(1), introduction

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:

1. Member States shall ensure that from 1 January 2001, all
newly built or rebuilt systems of rearing and all such systems
of rearing brought into use for the first time, excluding those
already  covered  by  Directive  88/166/EEC,  comply  at  least
with the following requirements:

(Amendment 12)

Article 3(1)(a)

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

(a)  at least one individual nest, suitable for egg laying, shall be
provided  for  six  laying  hens  or,  if  communal  nests  are
used, at least 1 m2  of nest space for 100 birds. If the group
size  per  unit  is  less  than  six  laying  hens,  then  each  unit
shall  have  an  individual  nest;  the  nests  must  contain
litter  or  be  covered  with  soft  inlays  such  as  artificial
grass  or  rubber  mats  with  raised  surfaces;  plastic
bowls may also be used for individual nests; nestboxes
or  areas  must  be  able  to  be  sealed  against  possible
contamination of the eggs;

(Amendments 13 and 63)

Article 3(1)(b)

(b)  adequate perching facilities, mounted at least 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 no more
than 1 metre;

(b)  adequate perching facilities, mounted at least 10 cm above
housing or tier level, without sharp edges and providing
at  least  18  cm  per  bird,  must  be  available  for  all  hens.
The horizontal distance between perches must be no more
than 1 metre;

(Amendment 14)

Article 3(1)(c)

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

dustbath;

(c)  at  least  one  third  of  the  living  area  must  be  covered
with litter so as to enable the birds to scratch, peck and
dustbath.  The  litter  must  be  maintained  in  a  friable
condition;

(Amendment 15)

Article 3(1)(e)

(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;

(e)  when  continuous  drinking  troughs  are  used,  each  bird
must  have  access  to  at  least  3  cm  of  trough  and  where
circular drinking troughs are used there must be access
of at least 1,5 cm. 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;

C 128/74

EN

Official Journal of the European Communities

7.5.1999

Thursday 28 January 1999

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

(Amendment 16)

Article 3(2), introduction

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

If systems of rearing are used where the birds can move
2.
freely between different levels the following additional condi-
tions to the requirements of paragraph 1 shall be met:

(Amendment 17)

Article 3(2)((cid:150)a) (new)

((cid:150)a)

stocking  density  may  not  exceed  20  hens  per  m2  of
floor surface area; nest areas are not to be included as
part of the floor surface area;

(Amendment 18)

Article 3(2)(a)

(a)  in  systems  of  rearing  with  different  levels,  the  height

(a)  the height between the levels must be at least 50 cm;

between the levels must be at least 50 cm;

(Amendment 19)

Article 3(2)(d)

(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 dustbathing.

(d)  at  least  one  third  of  the  floor  surface  area  must  be

supplied with litter.

(Amendment 20)

Article 3(2a) (new)

2a.

If single floor systems of rearing are used

(a)  derogations from paragraph 1(b) are permitted;

(b)  in addition to the requirements pursuant to paragraph
2(b) to (d), the stocking density may not exceed seven
hens per m2  of floor surface area; nest areas are not to
be included as part of the floor surface area;

(Amendment 21)

Article 3(3)((cid:150)a) (new)

((cid:150)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;

7.5.1999

EN

Official Journal of the European Communities

C 128/75

Thursday 28 January 1999

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

(Amendment 22)

Article 3(3)(aa) (new)

(aa)

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;

(Amendment 23)

Article 3(3)(ab) (new)

(ab)

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

(Amendment 62)

Article 3(4)

The  use  of  battery  cages  shall  be  prohibited  from

4.
1 January 2009.

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 depopu-
lation of birds;

(f)  the floor slope shall not exceed 14% or 8(cid:176). In the case of
floors  using  other  than  rectangular  wire  mesh,  Member
States may permit steeper slopes;

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

(Amendment 32)

Article 4(1), introduction

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

1. Member  States  may  allow  until  31  December  2010  the
use of conventional cages which are in use at 1 January 2001
and which are not yet older than 10 years, provided that they
comply at least with the following requirements:

C 128/76

EN

Official Journal of the European Communities

7.5.1999

Thursday 28 January 1999

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

(Amendment 33)

Article 4(2)

Battery cages which are on 1 January 1999 more than 10
2.
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  pro-
vided that they comply at least with the requirements as laid
down in paragraph 1.

Conventional cages which are on 1 January 2001 more
2.
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  2005,  and  pro-
vided that they comply at least with the requirements as laid
down in paragraph 1.

(Amendment 34)

Article 4(3)

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

However, from 1 January 2006 the required space per hen
3.
as laid down in paragraph 1(a) of this Article shall be increased
to at least 550 cm2  per hen.

(Amendment 35)

Article 6(3)

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.

3.
Every two years, by the last working day in April and for
the first time by 30 April 2003, 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. This report shall be
available to the public.

(Amendment 36)

Article 7, first paragraph

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

Veterinary  experts  from  the  Commission  shall,  in  order  to
guarantee compliance with and uniform application of this
Directive by the Member States, carry out on-the-spot checks
regularly  and  in  an  appropriate  manner  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 Commission  shall  draw  up  reports  regularly  on  the
results of the inspections. These reports shall be forwarded
to the Council and the European Parliament and shall be
available to the public.

(Amendment 70)

Article 7a (new)

Article 7a

In  order  to  avoid  distortions  of  competition  during  the
adaptation to the new required standards and in order to
encourage a speedy adaptation to a more welfare-friendly
method of production, the Commission shall, on the basis of

7.5.1999

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Official Journal of the European Communities

C 128/77

Thursday 28 January 1999

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

a  report,  submit  a  proposal  for  an  additional  aid  system
which  is  independent  of  production,  lasts  for  a  limited
period, is degressive and complies with at least one of the
following conditions:

› 

› 

it does not lead to an increase in the total production of
a region;

it  does  not  lead  to  an  increase  in  the  production  of  a
holding.

(Amendment 38)

Article 7b (new)

Article 7b

The  same  animal  welfare,  veterinary  and  hygiene  stan-
dards shall apply to imports from third countries. The gen-
eral  implementing  provisions  for  this  article  shall  be
enacted under the procedure set out in Article 8.

(Amendments 39 and 65)

Article 9, first paragraph

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, behaviou-
ral  and  socio-economic  point  of  view,  together  with  appro-
priate proposals to phase out those systems of rearing which do
not meet these requirements.

Not later than 1 January 2008, 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, behaviou-
ral  and  socio-economic  point  of  view,  together  with  appro-
priate proposals to phase out those systems of rearing which do
not meet these requirements and to encourage the adoption
of alternative free range systems of rearing.

(Amendment 40)

Article 10

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

Council  Directive  88/166/EEC  is  repealed  with  effect  from
1 January 2001.

(Amendment 41)

Article 11(1), first subparagraph

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.

1. Member States shall bring into force the laws, regulations
and  administrative  provisions,  necessary  to  comply  with  this
Directive before 1 January 2001. They shall forthwith inform
the Commission thereof.

(Amendment 42)

Annex (3)

The  insulation,  heating  and  ventilation  of  the  building
3.
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.

The  insulation,  heating  and  ventilation  of  the  building
3.
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  and  the  people
working in the building.

C 128/78

EN

Official Journal of the European Communities

7.5.1999

Thursday 28 January 1999

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

(Amendment 43)

Annex (5), first subparagraph

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.

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.  The  lighting  strength  must  be  at  least
20 Lux, measured at the eye-level of the birds. 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.

Deleted

(Amendment 44)

Annex (5), second subparagraph

Legislative  resolution  embodying  Parliament(cid:146)s  opinion  on  the  proposal  for  a  Council  Directive
laying down minimum standards for the protection of laying hens kept in various systems of rearing
(COM(98)0135 › C4-0196/98 › 98/0092(CNS))

(Consultation procedure)

The European Parliament,

›  having regard to the Commission proposal to the Council, COM(98)0135 › 98/0092(CNS) (1),

›  having been consulted by the Council pursuant to Article 43 of the EC Treaty (C4-0196/98),

›  having regard to Rule 58 of its Rules of Procedure,

›  having regard to the report of the Committee on Agriculture and Rural Development and the opinion
of the Committee on the Environment, Public Health and Consumer Protection (A4-0481/98),

1.

Approves the Commission proposal, subject to Parliament(cid:146)s amendments;

Calls  on  the  Council  to  notify  Parliament  should  it  intend  to  depart  from  the  text  approved  by

2.
Parliament;

Asks  to  be  consulted  again  should  the  Council  intend  to  make  substantial  modifications  to  the

3.
Commission proposal;

4.

Instructs its President to forward this opinion to the Council and Commission.

(1)  OJ C 123, 22.4.1998, p. 15.