Proposal for a Council Directive amending Directive 91/630/EEC laying down minimum standards for the protection of pigs
Date: 2001-01-16
Institutions: European Commission
Subjects: fattening, intensive livestock farming, protection of animals, swine, veterinary legislation

C 154 E/114

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Official Journal of the European Communities

29.5.2001

Proposal for a Council Directive amending Directive 91/630/EEC laying down minimum standards
for the protection of pigs

(2001/C 154 E/10)

COM(2001) 20 final (cid:151) 2001/0021(CNS)

(Submitted by the Commission on 16 January 2001)

THE COUNCIL OF THE EUROPEAN UNION,

to make
production facilities.

the necessary

structural

changes

to their

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Whereas:

(1) The Protocol on protection and welfare of animals annexed
to the Treaty establishing the European Community
requires that in formulating and implementing agriculture
policies, the Community and the Member States shall pay
full regard to the welfare requirements of animals, while
respecting the legislative or administrative provisions and
customs of
the Member States relating in particular to
religious rites, cultural traditions and regional heritage.

(2) Pursuant to Article 6 of Council Directive 91/630/EEC of
19 November 1991 laying down minimum standards for
the protection of pigs (1) the Commission was to submit a
report on intensive pig-rearing systems taking into account
in particular the welfare of sows rearing in varying degrees
of confinement and in groups and was to make any appro-
priate proposals for adjustments to the rules.

(3) Pigs, being live animals, are included in the list of products

set in Annex II to the Treaty.

(4) The opinion of

the Scientific Veterinary Committee of
30 September 1997 concluded that pigs should benefit
from an environment corresponding to their needs for
exercise and investigation and that
the welfare of pigs
appears to be compromised by severe restrictions of space.

(6) A balance must be kept between the various aspects to be
taken into consideration, as regard both welfare and health,
economic and social considerations, and also environ-
mental impact.

(7) It is appropriate for the Commission to submit a new
report taking into account further research and practical
experience in order to improve further the welfare of pigs,
in particular as regards aspects not covered by Directive
91/630/EEC.

(8) Since the measures necessary for the implementation of
Directive 91/630/EEC are measures of general
scope
within the meaning of Article 2 of Council Decision
1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the
Commission (2), they should be adopted by use of the regu-
latory procedure,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 91/630/EEC is amended as follows:

1. In Article 3 paragraph 2 is replaced by:

(cid:145)2. Flooring surfaces must comply with the following

requirements:

Weaners/rearing pigs: A part of the total floor at least
1/3 of the minimum space requirements for each animal
must be of continuous solid floor area no more than
10 % of which is comprised of drainage. When concrete
the minimum slat width must be
floors are used,
75 mm and the maximum slot width 25 mm.

Dry pregnant sows and gilts: the area of continuous
solid floor area, no more than 10 % of which is
comprised of drainage must be at least:

(5) Sows prefer to have social

interactions with other pigs
when provided with freedom of movement and environ-
mental complexity. The current practice of keeping sows in
continuous confinement should therefore be prohibited. It
is however appropriate to allow producers sufficient time

(cid:151) 1,3 m2 per dry pregnant sow;

(cid:151) 0,95 m2 per gilt.

(1) OJ L 340, 11.12.1991, p. 33.

(2) OJ L 184, 17.7.1999, p. 23.

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When concrete slatted floors are used the minimum slat
width must be 80 mm and the maximum slot width
30 mm.

3. The construction or conversion of installations in which
sows and gilts are tethered is prohibited. From 1 January
2006 the use of
tethers for sows and gilts shall be
prohibited.

4. No sows or gilts shall be confined in an individual pen
during a period starting from 4 weeks after the service
to 7 days before the expected time of farrowing. Excep-
tionally individuals which are particular aggressors,
which have been attacked by other sows or which are
sick or injured, may temporarily be kept in individual
pens. No individual pen for a dry pregnant sow shall be
used which does not allow the sow to turn around
easily.

5. The following requirements shall be met:

(cid:151) Housing facilities for dry pregnant sows and gilts
must include communal lying areas, in addition to
the dunging area and any feeding stalls or boxes, of
at least 1,3 m2 per sow (0,95 m2 for gilts) of unob-
structed floor area;

(cid:145)Article 5a

1.
Any person attending to the animals has received
instructions and guidance on the provisions of Articles 1,
2 and 3 of the Annex to the Directive and understands
those provisions;

2. Member States shall ensure that appropriate training
courses are available.
In particular such training courses
must focus on welfare aspects.(cid:146)

3. Article 6 is replaced by the following:

(cid:145)Article 6

Not later than 1 January 2008 the Commission shall submit
to the Council a report, drawn up on the basis of an
opinion from the Scientific Committee on Animal Health
and Welfare Committee.

The report shall cover in particular:

1. the effects of

stocking density in different

farming

systems on welfare including health of pigs,

(cid:151) Where sows are kept in groups, the shortest side of
any pen must not be less than 2,8 meters in length;

2. further developments of group-housing systems

for

pregnant sows,

(cid:151) All sows must have permanent access to soil for
least
the

rooting
complying with the relevant requirements of
Annex;

to manipulable material

or

at

(cid:151) Sows in groups must be fed using a system which
ensures that each individual can obtain sufficient
food without being attacked, even when competitors
for the food are present;

(cid:151) All sows must be given high fibre food as well as
high-energy food in order to reduce hunger as well
as to provide for the need to chew. The high-energy
food can be fed once per day in a single meal but
high fibre food must be available for longer periods.

6. From 1 January 2002 points 2 and 4 shall apply to all
holdings newly built or rebuilt or brought into use for
the first time after that date. From 1 January 2012 those
points shall apply to all holdings.

The first to the fourth indents of point 5 shall not apply
to holdings with fewer than ten dry pregnant sows.(cid:146)

2. The following Article 5a is inserted:

3. the determination of space requirements for individually-

housed adult breeding boars,

4. further developments of loose-house systems for sows in
the service area and for farrowing sows, which meet the
needs of the sow without compromising piglet survival,

5. the development of techniques that will reduce the need

to resort to surgical castration,

6. consumers’ attitudes and behaviour towards pig meat in
only minor
the

the
improvement being achieved in the welfare of
animals.

improvement

event

no

or

of

The report may if necessary be accompanied by appropriate
legislative proposals.(cid:146)

4. Article 10 is replaced by the following:

Committee

The Commission shall be assisted by the Standing
(cid:145)1.
Decision
Veterinary
68/361/EEC (1),
the
of
Member States and chaired by the representative of
the
Commission.

established
of

representatives

composed

by

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2. Where reference is made to this paragraph, the regu-
latory procedure laid down in Article 5 of Council Decision
1999/468/EC (2) shall apply, in compliance with Article 7(3)
thereof.

The period referred to in Article 5(6) of Decision

3.
1999/468/EC shall be three months.

Directive by 1 January 2002 at
forthwith inform the Commission thereof.

the latest. They shall

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of
their official publication.
Member States shall determine how such reference is to be
made.

___________
(1) OJ L 255, 18.10.1968, p. 23.
(2) OJ L 184, 17.7.1999, p. 23.(cid:146)

Article 2

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.

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this

Article 4

This Directive is addressed to the Member States.