Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens
Date: 1999-07-19
Institutions: Council of the European Union
Subjects: agricultural holding, animal welfare, intensive livestock farming, laying poultry, protection of animals

3. 8. 1999

EN

Official Journal of the European Communities

L 203/53

COUNCIL DIRECTIVE 1999/74/EC

of 19 July 1999

laying down minimum standards for the protection of laying hens

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

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

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

On 7 March 1988 the Council adopted Directive
88/166/EEC (4) 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);

Article 9 of Directive 88/166/EEC requires the Commis-
sion to submit, before 1 January 1993, a report on
scientific developments regarding the welfare of hens
under various systems of rearing and on the provisions
in the Annex to the Directive, accompanied by any
appropriate adjustment proposals;

Council Directive 98/58/EC of 20 July 1998 concerning
the protection of animals kept for farming purposes (5),
drawn up on the basis of the European Convention for
the Protection of Animals kept for Farming Purposes,
lays down Community provisions designed to give effect
to the principles laid down in the Convention, which
include the provision of housing, food, water and care
appropriate to the physiological and ethological needs of
the animals;

the European
In 1995 the Standing Committee of
for
Convention for the Protection of Animals kept
Farming Purposes adopted a detailed recommendation,
which includes laying hens;

The protection of laying hens is a matter of Community
competence;

Differences which may distort conditions of competition
interfere with the smooth running of the organisation of
the market in animals and animal products;

The Commission report referred to in recital 2, based on
an opinion from the Scientific Veterinary Committee,
concludes that the welfare conditions of hens kept in
current battery cages and in other systems of rearing are

(1) OJ C 157, 4.6.1999, p. 8.
(2) OJ C 128, 7.5.1999, p. 78.
(3) OJ C 101, 12.4.1999.
(4) OJ L 74, 19.3.1988, p. 83.
(5) OJ L 221, 8.8.1998, p. 23.

inadequate and that certain of their needs cannot be met
in such cages; the highest possible standards should
therefore be introduced,
in the light of various para-
meters to be considered in order to improve those
conditions;

(8)

(9)

(10)

(11)

However, for a period to be determined, the use of
unenriched cage systems may be continued under
certain conditions,
including improved structural and
space requirements;

A balance must be kept between the various aspects to
be taken into consideration, as regards both welfare and
health, economic and social considerations, and also
environmental

impact;

It is appropriate, while studies on the welfare of laying
hens in various systems of rearing are carried out, to
adopt provisions that allow the Member States to choose
the most appropriate system or systems;

The Commission must submit a new report together
with appropriate proposals that take account of that
report;

(12) Directive 88/166/EEC should therefore be repealed and

replaced,

HAS ADOPTED THIS DIRECTIVE:

Article l

This Directive lays down minimum standards for the

1.
protection of laying hens.

2.

This Directive shall not apply to:

— establishments with fewer than 350 laying hens,

— establishments rearing breeding laying hens.

Such establishments shall, however, continue to be subject to
the relevant requirements of Directive 98/58/EC.

Article 2

The definitions in Article 2 of Directive 98/58/EC shall

1.
apply where necessary.

In addition, the following definitions shall apply for the

2.
purpose of this Directive:

(a) ‘laying hens' means: hens of the species Gallus gallus which
have reached laying maturity and are kept for production
of eggs not intended for hatching;

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Official Journal of the European Communities

3. 8. 1999

(b) ‘nest' means: a separate space for egg laying, the floor
components of which may not include wire mesh that can
come into contact with the birds, for an individual hen or
for a group of hens (group nest);

(c) ‘litter' means: any friable material enabling the hens to

satisfy their ethological needs;

(d) ‘usable area' means: an area at least 30 cm wide with a
floor slope not exceeding 14 %, with headroom of at least
45 cm. Nesting areas shall not be regarded as usable areas.

Article 3

According to the system or systems adopted by the Member
States, they shall ensure that the owners and holders of laying
hens apply not only the relevant provisions of Directive 98/
58/EC and of the Annex to this Directive but also the require-
the systems referred to below,
ments specific to each of
namely:

(a) either the provisions laid down in Chapter I as regards

alternative systems;

(b) or the provisions laid down in Chapter II as regards unen-

riched cage systems;

(e) at least 250 cm2 of

littered area per hen, the litter

occupying at least one third of the ground surface.

2. The floors of installations must be constructed so as to
support adequately each of the forward-facing claws of each
foot.

3. In addition to the provisions laid down in points 1 and 2,

(a) if systems of rearing are used where the laying hens can

move freely between different levels,

(i) there shall be no more than four levels;

(ii) the headroom between the levels must be at least

45 cm;

(iii) the drinking and feeding facilities must be distrib-
uted in such a way as to provide equal access for all
hens;

(iv) the levels must be so arranged as to prevent drop-

pings falling on the levels below.

(b) If laying hens have access to open runs:

(i) there must be several popholes giving direct access
to the outer area, at least 35 cm high and 40 cm
wide and extending along the entire length of the
building; in any case, a total opening of 2 m must
be available per group of 1 000 hens;

(c) or the provisions of Chapter III concerning enriched cages.

(ii) open runs must be:

CHAPTER I

Provisions applicable to alternative systems

— of an area appropriate to the stocking density
in order to

and to the nature of the ground,
prevent any contamination;

— equipped with shelter from inclement weather
if necessary, appropriate

and predators and,
drinking troughs.

Article 4

4. The stocking density must not exceed nine laying hens

per m2 usable area.

1. Member States shall ensure that from 1 January 2002 all
newly built or rebuilt systems of production referred to in this
chapter and all such systems of production brought into use
for the first time comply at least with the requirements below.

1. All systems must be equipped in such a way that all laying

hens have:

(a) either linear feeders providing at least 10 cm per bird
or circular feeders providing at least 4 cm per bird;

(b) either continuous drinking troughs providing 2,5 cm
per hen or circular drinking troughs providing 1 cm
per hen.

In addition, where nipple drinkers or cups are used,
there shall be at least one nipple drinker or cup for
every 10 hens. Where drinking points are plumbed in,
at least two cups or two nipple drinkers shall be within
reach of each hen;

(c) at least one nest for every seven hens. If group nests are
used, there must be at least 1 m2 of nest space for a
maximum of 120 hens;

(d) adequate perches, without sharp edges and providing at
least 15 cm per hen. Perches must not be mounted
above the litter and the horizontal distance between
perches must be at least 30 cm and the horizontal
distance between the perch and the wall must be at least
20 cm;

However, where the usable area corresponds to the available
ground surface, Member States may, until 31 December
2011, authorise a stocking density of 12 hens per m2 of
available area for those establishments applying this system
on 3 August 1999.

2. Member States shall ensure that the minimum require-
ments laid down in paragraph 1 apply to all alternative systems
from 1 January 2007.

CHAPTER II

Provisions applicable to rearing in unenriched cage systems

Article 5

1. Member States shall ensure that from 1 January 2003 all
cage systems referred to in this chapter comply at least with
the following requirements:

1. at least 550 cm2 per hen of cage area, measured in a
horizontal plane, which may be used without restriction, in
particular not including non-waste deflection plates liable to
restrict the area available, must be provided for each laying
hen;

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L 203/55

2. a feed trough which may be used without restriction must
be provided. Its length must be at least 10 cm multiplied by
the number of hens in the cage;

3. unless nipple drinkers or drinking cups are provided, each
cage must have a continuous drinking channel of the same
length as the feed trough mentioned in point 2. Where
drinking points are plumbed in, at least two nipple drinkers
or two cups must be within reach of each cage;

4. cages must be at least 40 cm high over at least 65 % of the

cage area and not less than 35 cm at any point;

5. floors of cages must be constructed so as to support
adequately each of the forward-facing claws of each foot.
Floor slope must not exceed 14 % or 8 %. In the case of
floors using other than rectangular wire mesh, Member
States may permit steeper slopes;

5. cages must be fitted with suitable claw-shortening devices.

CHAPTER IV

Final provisions

Article 7

Member States shall ensure that the establishments covered by
the scope of this Directive are registered by the competent
authority and given a distinguishing number which will be the
medium for tracing eggs placed on the market for human
consumption.

The arrangements for implementing this Article shall be deter-
mined before 1 January 2002 in accordance with the proce-
dure laid down in Article 11.

6. cages shall be fitted with suitable claw-shortening devices.

Article 8

2. Member States shall ensure that rearing in the cages
referred to in this chapter is prohibited with effect from 1
January 2012. In addition, with effect from 1 January 2003 no
cages such as referred to in this chapter may be built or
brought into service for the first time.

1. Member States shall
take the necessary measures to
ensure that the competent authority carries out inspections to
monitor compliance with the provisions of
this Directive.
These inspections may be carried out on the occasion of checks
made for other purposes.

CHAPTER III

Provisions applicable to rearing in enriched cages

Article 6

Member States shall ensure that after 1 January 2002 all the
cages referred to in this chapter comply at least with the
following requirements:

1.

laying hens must have:

(a) at least 750 cm2 of cage area per hen, 600 cm2 of
which shall be usable; the height of the cage other than
that above the usable area shall be at least 20 cm at
every point and no cage shall have a total area that is
less than 2000 cm2;

(b) a nest;

2.
From a date to be determined in accordance with the
procedure provided for in Article 11, Member States shall
report to the Commission on the inspections carried out in
accordance with paragraph 1. The Commission shall submit
summaries of
to the Standing Veterinary
Committee.

reports

these

Before 1 January 2002 the Commission shall, in accord-
3.
ance with the procedure laid down in Article 11, submit
proposals for harmonisation of the following:

(a) the inspections referred to in paragraph 1;

(b) the form and content of the reports referred to in para-
graph 2 and the frequency with which they are to be
submitted.

Article 9

1. Whenever uniform application of the requirements of
this Directive renders it necessary, veterinary experts from the
Commission may, in conjunction with the competent authori-
ties:

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

(c) litter such that pecking and scratching are possible;

requirements;

(d) appropriate perches allowing at least 15 cm per hen;

2. a feed trough which may be used without restriction must
be provided. Its length must be at least 12 cm multiplied by
the number of hens in the cage;

3. each cage must have a drinking system appropriate to the
size of the group; where nipple drinkers are provided, at
least two nipple drinkers or two cups must be within the
reach of each hen;

4. to facilitate inspection,

installation and depopulation of
hens there must be a minimum aisle width of 90 cm
between tiers of cages and a space of at least 35 cm must
be allowed between the floor of
the building and the
bottom tier of cages;

(b) make on-the-spot checks to ensure that the inspections 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 for 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.

3.
The competent authority of the Member State concerned
shall take any measures which may prove necessary to take
account of the results of the checks.

4.
Detailed rules for the application of this Article shall be
adopted, if necessary, in accordance with the procedure laid
down in Article 11.

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

Article 12

Directive 88/166/EEC is hereby repealed with effect from 1
January 2003.

Article 13

1. Member States shall bring into force the laws, regulations
and administrative provisions, including any penalties, neces-
sary to comply with this Directive not later than 1 January
2002. They shall forthwith inform the Commission thereof.

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

2.
The Member States may, while respecting the general
rules laid down in the Treaty, maintain or apply within their
territories provisions for the protection of laying hens which
are more stringent than those envisaged by this Directive. They
shall inform the Commission of any measure taken to that end.

3. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 14

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

This Directive is addressed to the Member States.

Article 15

Done at Brussels, 19 July 1999.

For the Council

The President

K. HEMIL(cid:142)

Article 10

Not later than 1 January 2005 the Commission shall submit to
the Council a report, drawn up on the basis of an opinion from
the Scientific Veterinary Committee, on the various systems of
rearing laying hens, and in particular on those covered by this
Directive, taking account both of pathological, zootechnical,
physiological, and ethological aspects of the various systems
and of their health and environmental

impact.

That report shall also be drawn up on the basis of a study of
the socio-economic implications of the various systems and
their effects on the Community’s economic partners.

In addition, it shall be accompanied by appropriate proposals
taking into account the conclusions of the report and the
outcome of the World Trade Organisation negotiations.

The Council shall act by a qualified majority on these proposals
within 12 months of their submission.

Article 11

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

set

up

The representative of the Commission shall submit to the
2.
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 delivered by the majority laid
down in Article 205(2) of the Treaty in the case of decisions
which the Council is 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 envisaged 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.

(1) OJ L 255, 18.10.1968, p. 23.

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ANNEX

In addition to the relevant provisions of the Annex to Directive 98/58/EC, the following requirements apply:

1. All hens must be inspected by the owner or the person responsible for the hens at least once a day.

2. The sound level shall be minimised. Constant or sudden noise shall be avoided. Ventilation fans, feeding machinery or
other equipment shall be constructed, placed, operated and maintained in such a way that they cause the least possible
noise.

3. All buildings shall have light levels sufficient to allow all hens to see one another and be seen clearly, to investigate
their surroundings visually and to show normal levels of activity. Where there is natural light, light apertures must be
arranged in such a way that light is distributed evenly within the accommodation.

After the first days of conditioning, the lighting regime shall be such as to prevent health and behavioural problems.
Accordingly it must follow a 24-hour rhythm and include an adequate uninterrupted period of darkness lasting, by
way of indication, about one third of the day, so that the hens may rest and to avoid problems such as immunodepres-
sion and ocular anomalies. A period of twilight of sufficient duration ought to be provided when the light is dimmed
so that the hens may settle down without disturbance or injury.

4. Those parts of buildings, equipment or utensils which are in contact with the hens shall be thoroughly cleansed and
disinfected regularly and in any case every time depopulation is carried out and before a new batch of hens is brought
in. While the cages are occupied, the surfaces and all equipment shall be kept satisfactorily clean.

Droppings must be removed as often as necessary and dead hens must be removed every day.

5. Cages must be suitably equipped to prevent hens escaping.

6. Accommodation comprising two or more tiers of cages must have devices or appropriate measures must be taken to

allow inspection of all tiers without difficulty and facilitate the removal of hens.

7. The design and dimensions of the cage door must be such that an adult hen can be removed without undergoing

unnecessary suffering or sustaining injury.

8. Without prejudice to the provisions of point 19 of the Annex to Directive 98/58/EC, all mutilation shall be prohibited.

In order to prevent feather pecking and cannibalism, however, the Member States may authorise beak trimming
provided it is carried out by qualified staff on chickens that are less than 10 days old and intended for laying.