Decision 2004/433/EC of 29 April 2004 laying down transitional measures for Latvia derogating from Council Directive 1999/74/EC as regards the height of cages for laying hens
Date: 2004-04-29
Institutions: European Commission
Subjects: European standard, Latvia, animal welfare, derogation from EU law, intensive livestock farming, laying poultry, transitional period (EU)

30.4.2004 

EN 

Official Journal of the European Union 

L 154/51 

COMMISSION DECISION 

of 29 April 2004 

laying down transitional measures for Latvia derogating from Council Directive 
1999/74/EC as regards the height of cages for laying hens  

(notified under document number C(2004) 1628) 

(Text with EEA relevance) 
(2004/433/EC) 

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  the  Treaty  of  Accession  of  the  Czech  Republic,  Estonia,  Cyprus,  Latvia, 
Lithuania,  Hungary,  Malta,  Poland,  Slovenia  and  Slovakia,  and  in  particular  Article  2  (3) 
thereof, 

Having  regard  to  the  Act  of  Accession  of  the  Czech  Republic,  Estonia,  Cyprus,  Latvia, 
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 42 thereof 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

From 1 May 2004 the keeping of laying hens in the Czech Republic, Estonia, Cyprus, 
Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (“the New Member 
States”) has to comply with the minimum standards for the protection of laying hens 
set  out  in  Council  Directive  1999/74/EC  of  19  July  1999  laying  down  minimum 
standards for the protection of laying hens.1 

Article  5(1)(4)  of  Directive  1999/74/EC  specifies  the  minimum  height  required  for 
unenriched  cages.  For  five  new  Member  States  specific  derogations  from  that 
requirement  have  already  been  laid  down  in  the  2003  Act  of  Accession  for  certain 
establishments listed in the Appendices thereto. 

Derogations  from  that  requirement  should  also  be  granted  for  Latvia  in  order  to 
facilitate  the  transition  to  welfare  standards  for  the  keeping  of  laying  hens  resulting 
from the application of the Directive 1999/74/EC. 

In order to avoid distortions of competition interfering with the smooth running of the 
organisation  of  the  market  in  animal  products,  it  is  appropriate  to  exclude  eggs 
produced in cages benefiting from the derogation from intra-Community trade. 

The measures provided for in this Decision are in accordance with the opinion of the 
Standing Committee on the Food Chain and Animal Health. 

1  

OJ L 203, 3.8.1999, p. 53. 

 
                                                 
HAS ADOPTED THIS DECISION: 

Article 1 

By  way  of  derogation  from  Article  5(1)(4)  of  Directive  1999/74/EC,  the  establishments  in 
Latvia listed in the Annex to this Decision may until 1 May 2007 maintain in service existing 
cages for laying hens provided that they are at least 35 cm high over at least 65% of the cage 
area and not less than 29 cm at any point. 

Eggs  from  cages  benefiting  from  the  derogation  under  Article  1  shall  not  be  placed  on  the 
market in another Member State. 

Article 2 

Article 3 

This Decision shall apply subject to and as from the date of the entry into force of the Treaty 
of  Accession  of  the  Czech  Republic,  Estonia,  Cyprus,  Latvia,  Lithuania,  Hungary,  Malta, 
Poland, Slovenia and Slovakia.  

Article 4 

This Decision is addressed to the Member States. 

Done at Brussels, 29 April 2004. 

For the Commission 
David BYRNE 
Member of the Commission 

2 

 
  
 
 
 
 
Establishments  in  Latvia  with  unenriched  cages  for  laying  hens  subject  to  transitional 
arrangements by way of derogation from Article 5(1)(4) of Directive 1999/74/EC 

ANNEX  

No 

Name and address of the establishment 

1 

2 

A/s Balticovo 

Iecava LV 
3913 

SAI Sidgunda 2 

Sidgunda LV 
2153 

Production capacity 
(eggs/year) 
(1000) 

235.000 

9.100 

3