Council Directive 2001/88/EC of 23 October 2001 amending Directive 91/630/EEC laying down minimum standards for the protection of pigs
Date: 2001-10-23
Institutions: Council of the European Union
Subjects: European standard, health legislation, swine, veterinary legislation

1.12.2001

EN

Official Journal of the European Communities

L 316/1

I

(Acts whose publication is obligatory)

COUNCIL DIRECTIVE 2001/88/EC

of 23 October 2001

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

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
Committee (3),

the Economic and Social

After consulting the Committee of the Regions,

Whereas:

(1)

(2)

(3)

(4)

The Protocol on protection and welfare of animals
annexed to the Treaty requires that in formulating and
the
implementing the Community agriculture policy,
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.

of

to Article

Pursuant
Council Directive
6
91/630/EEC (4), the Commission submitted a report on
in
intensive pig-rearing systems taking into account
particular the welfare of sows reared in varying degrees
of confinement and in groups and has made proposals
for adjustments to the rules.

Pigs, being live animals, are included in the list of
products set out in Annex I to the Treaty.

The opinion of the Scientific Veterinary Committee of
30 September 1997 concluded that pigs should benefit
from an environment corresponding to their needs for
the
exercise and investigatory behaviour and that

(5)

(6)

(7)

(8)

welfare of pigs appeared to be compromised by severe
restrictions of space.

Sows prefer to have social interactions with other pigs
and
when provided with freedom of movement
environmental
current practice of
complexity. The
keeping sows in continuous close confinement should
therefore be prohibited.
It is however appropriate to
allow producers sufficient time to make the necessary
structural changes to their production facilities.

taken into consideration,

A balance must be kept between the various aspects to
regarding welfare
be
including health, economic and social considerations,
and also environmental impact.

as

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.

The measures necessary for
the implementation of
Directive 91/630/EEC should be adopted in accordance
with Council Decision 1999/468/EC of 28 June 1999
exercise of
laying down the procedures
implementing powers conferred on the Commission (5),

the

for

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 91/630/EEC is hereby amended as follows:

1. Article 3 shall be replaced by the following:

(cid:145)Article 3

(1) OJ C 154 E, 29.5.2001, p. 114.
(2) Opinion of the European Parliament of 14 June 2001 (not yet

Member States shall ensure as follows:

published in the Official Journal).

(3) OJ C 221, 7.8.2001, p. 74.
(4) OJ L 340, 11.12.1991, p. 33.

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

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Official Journal of the European Communities

1.12.2001

1. all

holdings
requirements:

shall

comply with

the

following

(ii) the minimum slat width must be:

(a)

the unobstructed floor area available to each
weaner or rearing pig kept in a group, excluding
gilts after service and sows, must be at least:

Live weight, kg

Up to 10

Over 10 up to 20

Over 20 up to 30

Over 30 up to 50

Over 50 up to 85

Over 85 up to 110

More than 110

m2

0,15

0,20

0,30

0,40

0,55

0,65

1,00

(b) the total unobstructed floor area available to each
gilt after service and to each sow when gilts and/or
sows are kept in groups must be at least 1,64 m2
and 2,25 m2 respectively. When these animals are
kept
less than 6 individuals the
unobstructed floor area must be increased by 10 %.
When these animals are kept in groups of 40 or
more individuals the unobstructed floor area may
be decreased by 10 %;

in groups of

2.

flooring surfaces
requirements:

shall comply with the following

(a)

for gilts after service and pregnant sows: a part of
the area required in 1(b), equal to at least 0,95 m2
per gilt and at least 1,3 m2 per sow, must be of
continuous solid floor of which a maximum of
15 % is reserved for drainage openings;

(b) when concrete slatted floors are used for pigs kept

in groups:

(cid:151) 50 mm for piglets and weaners, and

(cid:151) 80 mm for rearing pigs, gilts after service

and sows;

3.

4.

the construction of or conversion to 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;

(a) sows and gilts shall be kept in groups during a
period starting from 4 weeks after the service to 1
week before the expected time of farrowing. The
pen where the group is kept must have sides
greater than 2,8 m in length. When less than 6
individuals are kept in a group the pen where the
group is kept must have sides greater than 2,4 m
in length;

(b) by way of derogation from the provisions of (a),
sows and gilts raised on holdings of fewer than 10
sows may be kept individually during the period
mentioned in (a), provided that
they can turn
around easily in their boxes;

5. without prejudice to the requirements laid down in the
Annex, sows and gilts shall have permanent access to
manipulable material at
least complying with the
relevant requirements of that Annex;

6.

7.

sows and gilts kept in groups must be fed using a
system which ensures that each individual can obtain
sufficient food even when competitors for the food are
present;

to satisfy their hunger and given the need to chew, all
dry pregnant sows and gilts must be given a sufficient
quantity of bulky or high-fibre food as well as
high-energy food;

8. pigs which have to be kept

in groups, which are
particular aggressors, which have been attacked by
other pigs or which are
injured, may
temporarily be kept in individual pens. In this case the
to turn
individual pen used shall allow the animal
around easily if
in contradiction with
specific veterinary advice;

this is not

sick or

(i)

the maximum width of the openings must be:

9.

(cid:151) 11 mm for piglets,

(cid:151) 14 mm for weaners,

(cid:151) 18 mm for rearing pigs,

from 1 January 2003 provisions laid down in points
1(b), 2, 4, 5 and the last sentence of point 8 shall
apply to all holdings newly built or rebuilt or brought
time after that date. From 1
into use for the first
shall apply to all
January 2013 those provisions
holdings.

(cid:151) 20 mm for gilts after service and sows;

The provisions laid down in point 4(a) shall not apply
to holdings with fewer than ten sows.(cid:146)

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2. The following Article shall be inserted:

(cid:145)Article 5a

Member States shall ensure that:

1. any person who employs or engages persons to attend
to pigs ensures
the person attending to the
animals has received instructions and guidance on the
relevant provisions of Article 3 and the Annex;

that

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

3. Article 6 shall be replaced by the following:

(cid:145)Article 6

consequences,

socio-economic

the Commission shall submit

Preferably before 1 January 2005 and in any event
1.
by 1 July 2005,
to the
Council a report, drawn up on the basis of an opinion
from the Scientific Committee on Animal Health and
Welfare. The report shall be drawn up taking into account
the
sanitary
the environmental effects and different
consequences,
climatic conditions.
the
It shall also take into account
development of techniques and systems of pig production
and meat processing which would be likely to reduce the
need to resort to surgical castration. If need be, the report
shall be accompanied by appropriate legislative proposals
on the effects of different space allowances and floor types
applicable to the welfare of weaners and rearing pigs. The
Council
shall act on these proposals by a qualified
majority.

the

(d) further developments of group-housing systems for
pregnant sows, taking account both of pathological,
zootechnical, physiological and ethological aspects of
their health and
the
and
environmental
the different climatic
conditions;

systems
impact and of

various

of

(e)

the determination of space requirements, including the
service area for individually housed adult breeding
boars;

(f)

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

(g) consumers’ attitudes and behaviour towards pigmeat in
in the

improvement

the event of different levels of
welfare of the animals;

(h) socio-economic implications of the various systems of
rearing pigs and their effects on the Community’s
economic partners.

report may,

The
appropriate legislative proposals.(cid:146)

if necessary, be

accompanied by

4. Article 10 shall be replaced by the following:

(cid:145)Article 10

The Commission shall be assisted by the Standing
1.
Veterinary
Decision
68/361/EEC (*) (hereinafter referred to as (cid:145)the Committee(cid:146)).

Committee

established

by

2.
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.

2. Where reference is made to this Article, Articles 5
and 7 of Council Decision 1999/468/EC (**) shall apply.

The period referred to in Article 5(6) of Decision
1999/468/EC shall be set at three months.

The report shall cover in particular:

3.

The Committee shall adopt its rules of procedure.

(a)

the effects of stocking density,
and methods of grouping the animals,
farming systems on the welfare,
pigs;

including group size
in different
including health, of

(*) OJ L 255, 18.10.1968, p. 23.
(**) OJ L 184, 17.7.1999, p. 23.(cid:146).

(b) the impact of stall design and different flooring types
including health, of pigs, taking into

on the welfare,
account different climatic conditions;

Article 2

(c)

risk factors

the
recommendations to reduce the need for tail docking;

associated with tail biting and

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 1 January 2003 at the latest. They shall forthwith
inform the Commission thereof.

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2. When Member States adopt those provisions, 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.

Article 4

This Directive is addressed to the Member States.

Done at Luxembourg, 23 October 2001.

Article 3

This Directive shall enter
publication in the Official Journal of the European Communities.

into force on the day of

its

For the Council

The President

A. NEYTS-UYTTEBROECK