Proposal for a Council Directive laying down minimum rules for the protection of chickens kept for meat production
Date: 2005-05-30
Institutions: European Commission
Subjects: animal welfare, livestock farming, poultry, poultrymeat, veterinary legislation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.05.2005 
COM(2005) 221 final 

2005/0099 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

laying down minimum rules for the protection of chickens kept for meat production 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

• 

Grounds for and objectives of the proposal 

The farming of chickens for meat production represents an important farming 
sector  within  the  EU.  This  is  illustrated  by  the  fact  that  more  than  4  billion 
chickens are slaughtered for meat production in the EU-15 each year1, a higher 
number of animals than from any other farming system. With the accession of 
the  ten  New  Member  States  on  1  May  2004  this  number  increased  by 
approximately  18  %.  Compared  to  other  livestock  sectors,  the  production  of 
chickens for meat is one of the most intensive farming systems. However this 
type of production presents challenges for the welfare and health of the animals 
in question. This sector is not covered by specific Community legislation; only 
the  general  requirements  of  Directive  98/58/EC  concerning  the  protection  of 
animals  kept  for  farming  purposes  apply.  Therefore  the  Commission  has 
decided  to  propose  a  specific  Council  Directive  laying  down  minimum  rules 
for the protection of chickens kept for meat production. 

• 

General context 

A report of the Scientific Committee on Animal Health and Animal Welfare of 
March 2000, "The Welfare of Chickens Kept for Meat Production (Broilers)", 
identified a number of welfare problems, such as metabolic disorders resulting 
in leg problems, ascites, sudden death syndrome and other health concerns. 

this  communication  aims 

the  producer,  competent  authorities  and 

The  Commission  proposal  accompanying 
to 
introduce animal welfare improvements in the intensive farming of chickens by 
means  of  technical  and  management  requirements  for  the  establishments, 
including  enhanced  monitoring  on  the  farms  and  an  increased  flow  of 
information  between 
the 
slaughterhouse based on a welfare-specific monitoring of the chicken carcasses 
after  slaughter.  This  proposal  will  be  a  key  element  in  the  context  of  the 
European  Action  Plan on Animal Welfare to be prepared by the Commission 
during  2005.  It  clearly  demonstrates  the  Commission’s  commitment  to 
bringing  forward  policy  proposals  with  the  aim  of  improving  animal  welfare 
standards,  taking  account  of  the  welfare  problems  with  current  production 
systems  identified  by  scientific  experts.  It  also  responds  to  the  growing 
demands  of  EU  civil  society  to  move  towards  higher  standards  of  animal 
protection. 

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In  2001  and  2002,  4.59  and  4.485  Billion  chicks  (broiler)  have  been  placed  in  the  EU-15  (source 
European Commission, Eurostat). 

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• 

Existing provisions in the area of the proposal 

The  welfare  of  chickens  for  meat  production  is  not  covered  by  specific 
Community  legislation;  only  the  general  requirements  of  Directive  98/58/EC 
concerning  the  protection  of  animals  kept  for  farming  purposes  apply.  The 
Commission is aware that the existence of diverging national requirements for 
the  protection  of  chickens  and  various  voluntary  quality  assurance  schemes, 
containing certain welfare-related aspects, throughout the EU has the potential 
to distort conditions of competition and may interfere with the smooth running 
of the market organisation. European citizens are increasingly concerned about 
the  health  and  welfare  of  chickens  kept  for  meat  production.  In  particular,  a 
number  of  animal  welfare  organisations  have  initiated  campaigns  calling  for 
improved welfare standards.  

It is also well known that good farm management practices have not only the 
potential to improve the health and welfare conditions for the animals but could 
also help to prevent diseases and mitigate any negative environmental impacts 
of the farming activity.  

On this basis and taking into account the conclusions presented in the report of 
the  Scientific  Committee  on  Animal  Health  and  Animal  Welfare,  the 
Commission  has  decided  to  propose  a  Council  Directive  on  the  protection  of 
chickens kept for meat production. 

• 

Consistency with other policies and objectives of the Union 

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. 
Live  poultry  are  listed  in  Annex  I  of  the  Treaty  providing  a  legal  basis  for 
measures to improve the protection of such animals. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

• 

Consultation of interested parties 

Consultation  methods,  main  sectors 
respondents 

targeted  and  general  profile  of 

Preparatory  work  for  the  proposal  has  included  consultations  with  the  major 
industry representatives, consumer and animal welfare organisations as well as 
discussions  with  relevant  experts  from  Member  States.  In  this  framework  a 
number  of  Commission  working  groups  with  Member  State  representatives 
were  organised  including  a  study  visit  to  Sweden,  organised  by  the  Swedish 
Ministry of Agriculture, demonstrating the practical application of their animal 
welfare programme for chickens including the foot pad lesion scoring system. 
Specific  stakeholder  consultation  meetings  were  also  organised  in  September 
2003 and December 2004. 

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Summary of responses and how they have been taken into account 

The outcomes of the consultations undertaken support the approach that animal 
welfare  problems  could  be  addressed  by  implementing  enhanced  self-
monitoring on the farm and incorporating animal welfare indicators in the post-
mortem inspection. 

Animal welfare organisations highlighted as the most relevant problems for the 
animals  the  high  growth  rate  (due  to  genetic  selection)  and  associated  leg 
disorders, high stocking densities and the restricted feeding of breeding stocks. 
Based  on  further  scientific  advice  the  Commission  plans  to  submit  a  specific 
report to the Council and the European Parliament concerning the influence of 
genetic  parameters  on  identified  deficiencies  resulting  in  poor  welfare  of 
chickens.  

The producer organisations acknowledged that welfare problems had occurred 
and pointed out that the industry is actively working on improvements in this 
regard. In this context producer representatives stated that legislative action to 
better harmonise production  conditions at European level would be  welcome, 
as long as a realistic step-by-step approach is chosen. 

All participants agreed on the importance of the training of persons in charge 
of  the  animals.  Also  the  benefit  of  monitoring  welfare  indicators  in  the 
slaughterhouses  as  a  means  of  identifying  welfare  problems  on  the  farm  was 
recognised. 

• 

Collection and use of expertise 

Scientific/expertise domains concerned 

Scientific advice in the field of animal health and welfare. 

Methodology used 

In  March  2000  in  response  to  a  request  from  the  Commission  the  Scientific 
Committee  on  Animal  Health  and  Animal  Welfare  adopted  a  report  on  "The 
Welfare of Chickens Kept for Meat Production (Broilers)". 

Main organisations/experts consulted 

Scientific Committee on Animal Health and Animal Welfare 

Summary of advice received and used 

The  existence  of  potentially  serious  risks  with  irreversible  consequences  has 
not been mentioned. 

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The report of the Scientific Committee concludes that most welfare problems 
encountered in chickens are directly linked to the selection for  higher  growth 
rates  and  better  food  conversion.  A  wide  range  of  metabolic  and  behavioural 
traits  have  been  altered  by  genetic  selection.  The  occurrence  of  metabolic 
disorders  results  in  leg  problems,  ascites,  sudden  death  syndrome  or  other 
health problems.  

An  indicator  for  the  occurrence  of  welfare  problems  used  in  the  scientific 
report is the comparison of mortality between standard chickens used in meat 
production  (1  %  mortality  per  week),  chickens  of  slow  growing  strains  used 
under the "Label rouge" scheme (0,25 % per week) and pullets of laying hen 
strains (0,14 %). 

As main health and welfare problems the following can be identified: 

Mortality  in  standard  broiler  production  units  is  higher  than  in  other  types  of 
chicken  holdings  (fattening  of  slow  growing  chicken  strains  or  rearing  of 
laying hens). Mortality of young chickens can be related to pre-hatching factors 
such  as  egg  quality.  In  older  birds  metabolic  disorders  linked  to  the  rapid 
growth have an important influence. 

Skeletal disorders, in particular different forms of leg weakness can impair the 
birds' welfare by reducing walking ability, in severe cases linked with pain and 
discomfort.  Bone  weakness  and  deformations  may  result  in  bone  fractures 
during  catching  and  the  slaughter  process.  Skeletal  disorders  can  have 
infectious, developmental or degenerative causes.  

Contact  dermatitis  occurs  in  the  form  of  breast  blisters,  hock  burns  or  most 
commonly foot pad dermatitis. Severe lesions can cause pain and are gateways 
for other infections resulting in a reduced health status and poor productivity. 
Litter quality appears to be an important factor contributing to the problem. 

Ascites  is  an  important  lethal  disease  of  metabolic  origin.  Air  quality,  light 
conditions, temperature and nutrition are important factors affecting the risk of 
ascites.  

The  Sudden  Death  Syndrome  shares  a  wide  range  of  risk  factors  and  causes 
with ascites. As this syndrome leads within a few minutes to the death of birds 
otherwise  in  generally  good  condition  the  welfare  relevance  may  be  lower 
compared with ascites which causes chronic suffering. 

Respiratory  and  mucous  membrane  problems  can  be  associated  either  with 
infectious or non-infectious causes, including those related to poor air quality. 
Respiratory pathologies represent an indicator for the hygiene standards in an 
establishment and might indicate problems with the climate control. 

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Thermal  discomfort  has  an  important  impact  on  the  welfare  of  the  birds. 
Chickens experience thermal comfort only in a very narrow range of ambient 
temperature. The risk of heat stress increases with the growth of the birds since 
the  metabolic  heat  production  rises  and  the  available  space  for  each  chicken 
decreases.  Thermal  comfort  depends  not  only  on  temperature  but  is  also 
influenced by the relative humidity. 

Behavioural  restrictions  caused  by  high  stocking  densities  can  result  in  an 
inability  to  perform  locomotor  and  litter  directed  activities  and  thus  can 
negatively affect the welfare of chickens. 

Means used to make the expert advice publicly available 

The SCAHAW opinion is available on the website 

http://europa.eu.int/comm/food/fs/sc/scah/out39_en.pdf 

• 

Impact assessment 

The identified policy options were as follows: 

– 

No action: 

This option would not respond to the increasing public concern about the 
welfare  of  the  chickens.  At  the  same  time  the  industry  would  prefer  a 
better harmonisation at European level to avoid market disturbances due 
to diverging national legislation and voluntary quality assurance schemes 
at national level imposed by retailers and consumer demand. 

– 

Establishing minimum animal welfare requirements for the production of 
chickens: Directive or Regulation with detailed description of equipment 
and housing to be used in chicken farming. 

This option could fulfil the public expectations with regard to the welfare 
of chickens. However, a very strict regulation of technical details of the 
farming methods applied could lack the necessary flexibility with regard 
to  the  variety  of  farming  systems  applied.  The  development  of  more 
efficient  and  welfare  friendly  farming  practices  requires  a  legislative 
framework which offers sufficient flexibility. Legislation which regulates 
too  many  technical  details  risks  hindering  the  ongoing  technical 
evolution of the sector. 

– 

approach:  Harmonisation  of 

Integrated 
requirements 
concerning  key  factors  for  the  welfare  of  chickens  in  combination  with 
an  indicator-based  monitoring  of  the  flocks  after  slaughter  integrated  in 
the post-mortem inspection for the most intensive production. 

technical 

This output-oriented approach was chosen for the proposal. 

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3. 

LEGAL ELEMENTS OF THE PROPOSAL 

• 

Summary of the proposed action 

A Council Directive laying down minimum rules for the protection of chickens 
kept for meat production is proposed. 

• 

Legal basis 

Article 37 of the Treaty establishing the European Community. 

• 

Subsidiarity principle 

The subsidiarity principle applies insofar as the proposal does not fall under the 
exclusive competence of the Community. 

The objectives of the proposal cannot be sufficiently achieved by the Member 
States for the following reason(s). 

Differences  in  existing  rules  in  this  sector  may  distort  conditions  of 
competition  and  interfere  with  the  smooth  running  of  the  organisation  of  the 
common  market  in  chicken  meat.  Due  to  the  transnational  nature  of  this 
market,  action  by  individual  Member  States  is  insufficient  to  achieve  the 
objectives outlined in this proposal. 

Community  action  will  better  achieve  the  objectives  of  the  proposal  for  the 
following reason(s). 

There  is  a  need  to  establish  common  minimum  rules  for  the  protection  of 
chickens kept for meat production in order to ensure the rational development 
of production. Due to the scale of this sector this can be best achieved by action 
at EU level. 

Today  the  rearing  of  chickens  falls  within  the  scope  of  Directive  98/58/EC 
concerning general requirements for the protection of animals kept for farming 
purposes.  While  voluntary  production  schemes  containing  animal  welfare 
requirements exist in various Member States, only Sweden and Denmark have 
specific legislation in place for the protection of these chickens. 

A  better  harmonisation  at  Community  level  of  minimum  rules  for  the 
protection  of  chickens  kept  for  meat  production  would  help  to  avoid  market 
disturbances  due  to  diverging  national  legislation  and  voluntary  quality 
assurance schemes at national level. 

The proposal therefore complies with the subsidiarity principle. 

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• 

Proportionality principle 

The  proposal  complies  with  the  proportionality  principle  for  the  following 
reason(s). 

The  proposal  sets  out  minimum  standards  for  the  protection  of  chickens  kept 
for  meat  production.  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  chickens  kept  for  meat  production  which  are 
more stringent than those envisaged by this Directive 

this  communication  aims 

to 
The  Commission  proposal  accompanying 
introduce animal welfare improvements in the intensive farming of chickens by 
means  of  technical  and  management  requirements  for  the  establishments, 
including  enhanced  monitoring  on  the  farms  and  an  increased  flow  of 
the 
information  between 
slaughterhouse  based  on  a  welfare-specific  monitoring  of  the  flocks  after 
slaughter.  

the  producer,  competent  authorities  and 

It  is  important  to  highlight  that  already  today  comprehensive  information  on 
production  parameters  is  collected  within  this  highly  integrated  production 
system. To use this data not only for commercial purposes or the supervision of 
the hygiene requirements but also for monitoring the welfare conditions on the 
farm appears to be a cost efficient and effective way to improve the welfare of 
the animals. 

This integrated approach is also an important leitmotif of the new legislation on 
food  hygiene  and  on  veterinary  controls.  This  general  legislation,  which  also 
covers animal welfare aspects, also provides for a flow of information between 
the 
the  extensive  stakeholder 
consultations  which  took  place  during  the  elaboration  of  the  proposal  this 
approach was broadly welcomed by all interested parties. 

the  slaughterhouse.  During 

farm  and 

• 

Choice of instruments 

Proposed instruments: Directive. 

Other means would not be adequate for the following reason(s). 

A Regulation of technical details of the farming methods applied could lack the 
necessary flexibility with regard to the variety of farming systems applied. The 
development of more efficient and welfare friendly farming practices requires a 
legislative  framework  which  offers  sufficient  flexibility.  Legislation  which 
regulates  too  many  technical  details  risks  hindering  the  ongoing  technical 
evolution of the sector. 

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A Regulation would offer the advantages of having general application, being 
binding in its entirety and directly applicable in all Member States, without the 
additional  administrative  burden  of  a  national  act  being  necessary  for 
transposition.  Nevertheless  in  the  specific  field  of  animal  welfare  and  health 
legislation  various  Member  States  have  previously  expressed  their  preference 
for  Directives  which  are  binding  as  to  the  result  to  be  achieved  but  leave  the 
choice of form and methods to achieve these objectives to the Member States. 
A transposition act thus needs to be prepared under national legislation, which 
offers  the  possibility  of  adapting  the  legislation  to  take  account  of  specific 
national circumstances. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5. 

ADDITIONAL INFORMATION 

• 

Review/revision/sunset clause 

The proposal includes a review clause. 

• 

Correlation table 

The Member States are required to communicate to the Commission the text of 
national  provisions  transposing  the  Directive  as  well  as  a  correlation  table 
between those provisions and this Directive. 

• 

European Economic Area 

The proposed act concerns an EEA matter and should therefore extend to the 
European Economic Area. 

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2005/0099 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

laying down minimum rules for the protection of chickens kept for meat production 

(Text with EEA relevance) 

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 Commission2, 

Having regard to the opinion of the European Parliament3, 

Having regard to the opinion of the European Economic and Social Committee4, 

Having regard to the opinion of the Committee of the Regions5 

Whereas: 

(1) 

(2) 

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 are to 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.  

Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept 
for  farming  purposes6,  drawn  up  on  the  basis  of  the  European  Convention  for  the 
Protection  of  Animals  kept  for  Farming  Purposes7  (‘the  Convention’)  lays  down 
minimum  standards  for  the  protection  of  animals  bred  or  kept  for  farming  purposes 
including provisions on housing, food, water and care appropriate to the physiological 
and ethological needs of the animals. 

2 
3 
4 
5 
6 

7 

OJ C […] […], p. […] 
OJ C […] […], p. […] 
OJ C […] […], p. […] 
OJ C […] […], p. […] 
OJ  L  221,  8.8.1998,  p.  23.  Directive  as  amended  by  Regulation  (EC)  No  806/2003,  (OJ  L  122, 
16.5.2003, p. 1). 
OJ L 323, 17.11.1978, p. 14. 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

The  Community  is  a  party  to  the  Convention  in  the  framework  of  which  a  specific 
Recommendation concerning domestic fowl (Gallus gallus) which includes additional 
provisions for poultry kept for meat production has been adopted. 

The report of the Scientific Committee on Animal Health and Animal Welfare of 21 
March  2000  on  the  Welfare  of  Chickens  Kept  for  Meat  Production  (Broilers) 
concluded that the fast growth rate of chicken strains currently used for this purpose is 
not  accompanied  by  a  satisfactory  level  of  animal  welfare  and  health,  and  that  the 
negative  effects  of  high  stocking  rates  are  reduced  in  buildings  where  good  indoor 
climatic conditions can be sustained. 

It is necessary to establish rules at Community level for the protection of chickens kept 
for meat production in order to avoid distortions of competition that may interfere with 
the  smooth  running  of  the  common  market  organisation  in  that  sector  and  also  to 
ensure the rational development of the sector. 

In accordance with the principle of proportionality, it is necessary and appropriate for 
the achievement of the basic objective of introducing animal welfare improvements in 
the  intensive  farming  of  chickens  to  lay  down  minimum  rules  for  the  protection  of 
chickens for meat production. This Directive does not go beyond what is necessary in 
order  to  achieve  the  objectives  pursued,  in  accordance  with  the  third  paragraph  of 
Article 5 of the Treaty. 

The rules should focus on the welfare problems in intensive farming systems. In order 
to  avoid  disproportionate  measures  applicable  to  the  keeping  of  small  flocks  of 
chickens, a minimum threshold for the application of this Directive should be set out.  

In  addition,  certain  types  of  extensive  production  systems  should  be  exempted  from 
certain  specific  requirements  of  this  Directive.  Such  exemptions  should  be  based  on 
the references to free range chickens in Commission Regulation (EEC) No 1538/91 of 
5  June  1991  introducing  detailed  rules  for  implementing  Regulation  (EEC)  No 
1906/90 on certain marketing standards for poultrymeat.8 

It is important that persons attending to chickens have an understanding of the relevant 
animal welfare requirements and receive appropriate training to perform their tasks. 

In establishing rules for the protection of chickens kept for meat production, a balance 
should be kept between the various aspects to be taken into consideration, as regards 
animal welfare and health, economic and social considerations and the environmental 
impact. 

(11)  Regulation  (EC)  No  882/2004  of  the  European  Parliament  and  of  the  Council  of  29 
April 2004 on official controls performed to ensure the verification of compliance with 
feed  and  food  law,  animal  health  and  welfare  rules9  establishes  a  framework  for 
official controls including compliance with animal welfare rules such as the provisions 
of  this  Directive.  In  addition,  that  Regulation  provides  that  Member  States  are  to 

8 

9 

OJ  L  143,  7.6.1991,  p  .11.  Regulation  as  last  amended  by  Regulation  (EC)  No  814/2004  (OJ  L  153, 
30.4.2004, p. 1); corrected version (OJ L 231, 30.6.2004, p. 3). 
OJ L 165, 30.4.2004, p. 1; corrected version (OJ L 191, 28.5.2004, p. 1). 

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submit  annual  reports  on  the  implementation  of  the  multi-annual  national  control 
plans, including results of controls and audits carried out. 

(12)  Various voluntary schemes already exist in different Member States for the labelling 
of  chicken  meat  based  on  compliance  with  animal  welfare  standards  and  other 
parameters. 

(13) 

(14) 

In  light  of  the  experience  gained  in  applying  such  voluntary  labelling  schemes,  it  is 
appropriate  for  the  Commission  to  submit  a  report  on  the  possible  introduction  of  a 
specific harmonised mandatory labelling regime at Community level for chicken meat, 
meat  products  and  preparations  based  on  compliance  with  animal  welfare  standards, 
including  the  possible  socio-economic  implications,  the  effects  on  the  Community’s 
economic  partners  and  compliance  of  such  a  labelling  regime  with  World  Trade 
Organization rules. 

It  is  appropriate  for  the  Commission  to  submit  a  report  based  on  new  scientific 
evidence  taking  into  account  further  research  and  practical  experience  in  order  to 
improve further the welfare of chickens kept for meat production including the parent 
stock of such chickens, in particular as regards aspects not covered by this Directive. 
That  report  should  specifically  consider  the  influence  of  genetic  parameters  on 
identified deficiencies resulting in poor welfare of chickens kept for meat production. 

(15)  Member States should lay down rules on penalties applicable to infringements of the 
provisions  of  this  Directive  and  ensure  that  they  are  implemented.  Those  penalties 
must be effective, proportionate and dissuasive.  

(16)  The measures necessary for the implementation of this Directive should be adopted in 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission10,  

HAS ADOPTED THIS DIRECTIVE: 

Article 1 
Subject matter and scope 

This Directive shall apply to chickens kept for meat production.  

However, it shall not apply to: 

(a) 

(b) 

(c) 

establishments with less than 100 chickens;  

establishments with breeding stocks of chickens;  

hatcheries. 

Member States shall remain free to take more stringent measures in the area covered by this 
Directive.  

10 

OJ L 184, 17.7.1999, p. 23. 

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1. 

For the purpose of this Directive, the following definitions shall apply: 

Article 2 
Definitions 

(a) 

(b) 

(c) 

‘owner’  or  ‘keeper’  means  any  natural  or  legal  person  or  persons  owning  or 
otherwise responsible for or in charge of chickens whether on a permanent or 
temporary basis; 

‘competent authority’ means the central authority of a Member State competent 
to carry out veterinary or zootechnical checks or any authority to which it has 
delegated that competence; 

‘official veterinarian’ means a veterinarian qualified in accordance with Annex 
I, Section III, Chapter IV (A) to Regulation (EC) No 854/2004 of the European 
Parliament and of the Council11 to act in such a capacity and appointed by the 
competent authority;  

(d) 

‘chicken’  means  an  animal  of  the  species  Gallus  gallus  kept  for  meat 
production;  

(e) 

‘establishment’ means a production site on which chickens are kept;  

(f) 

‘unit  of  an  establishment’  means  a  poultry  house  or  a  separated  part  of  a 
poultry house where a flock of chickens is kept; 

(g) 

‘useable area’ means a littered area accessible to the chickens at any time. 

The  definition  of  ‘useable  area’  in  paragraph  1  point  (g)  may  be  amended  in 
accordance  with  the  procedure  referred  to  in  Article  9  to  include  areas  with  floor 
surfaces  not  littered  but  which  provide  a  welfare  standard  at  least  equivalent  to 
littered areas. 

Article 3 
Requirements for the keeping of chickens  

The  Member  States  shall  ensure  that  the  owner  or  keeper  complies  with  the 
requirements set out in Annex I. 

The  Member  States  shall  ensure  that  the  stocking  density  of  chickens  per  square 
metre  of  useable  area  (‘stocking  density’)  in  establishments  or  single  units  of  an 
establishment does not exceed 30 kilogrammes liveweight.  

2. 

1. 

2. 

11 

OJ L 139, 30.4.2004, p. 206); corrected version (OJ L 226, 25.6.2004, p. 83). 

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3. 

By  way  of  derogation  from  paragraph  2,  the  Member  States  may  provide  that 
chickens be kept at a stocking density not exceeding 38 kilogrammes liveweight in 
establishments or single units of an establishment provided that the owner or keeper 
complies with the requirements set out in Annex II, in addition to the requirements 
set out in Annex I.  

In such cases of derogation, the Member State shall ensure that: 

(a) 

(b) 

the inspections, monitoring and follow up provided for in Annexes III and IV 
are carried out by the competent authority; and  

the  official veterinarian  responsible  for  official  controls  in  the  slaughterhouse 
complies with the requirements set out in Annex IV. 

4. 

Paragraphs  2  and  3  of  this  Article  and  points  6  and  7  of  Annex  I  to  this  Directive 
shall not apply to free range chickens, as referred to in points (c), (d) or (e) of Annex 
IV to Commission Regulation (EEC) No 1538/91.  

Article 4 
Training and guidance for persons dealing with chickens 

1. 

Member States shall ensure that: 

(a) 

owners  or  keepers  and  persons  employed  or  engaged  by  them  to  attend  to 
chickens or to catch and to load them have received: 

(i) 

instructions  and  guidance  on  the  relevant  animal  welfare  requirements, 
including 
in 
establishments; and  

the  methods  of  culling  practised 

those  concerning 

(ii) 

sufficient training to perform their tasks. 

(b) 

appropriate  training  courses  for  the  persons  referred  to  in  point  (a)  are 
available. 

The training courses referred to in paragraph 1 (b) (‘the training courses’) shall focus 
on welfare aspects and cover in particular the matters listed in Annex V.  

Member States shall ensure that a system is established for the control and approval 
of  training  courses.  The  owner  or  keeper  of  the  chickens  shall  hold  a  certificate 
which is recognised by the competent authority of the Member State, attesting to the 
completion  of  such  a  training  courses  or  having  acquired  experience  equivalent  to 
such training. 

Member  States  may  recognise  experience  acquired  before  [1  December  2006]  as 
being equivalent to participation in such training courses and shall issue certificates 
attesting to such equivalences. 

Detailed rules for the application of this Article may be adopted in accordance with 
the procedure referred to in Article 9.  

2. 

3. 

4. 

5. 

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Article 5 
Labelling of chicken meat 

Not  later  than  two  years  from  the  date  of  adoption  of  this  Directive,  the  Commission  shall 
submit to the European Parliament and to the Council a report on the possible introduction of 
a specific harmonised mandatory labelling regime at Community level for chicken meat, meat 
products and preparations based on compliance with animal welfare standards.  

That report shall consider possible socio-economic implications, effects on the Community’s 
economic partners and compliance of such a labelling regime with World Trade Organization 
rules.  

The report shall be accompanied by appropriate legislative proposals taking into account such 
considerations  and  the  experience  gained  by  the  Member  States  in  applying  voluntary 
labelling schemes. 

Article 6 
Submission of data by the Member States and subsequent report by the Commission to the 
European Parliament and to the Council 

1. 

2. 

Not later than five years from the date of adoption of this Directive, Member States 
shall submit to the Commission a summary of the data collected as provided for in 
points 1 and 2 of Annex IV.  

Based  on  that  data  and  on  a  scientific  opinion  of  the  European  Food  Safety 
Authority,  the  Commission  shall  submit  to  the  European  Parliament  and  to  the 
Council  a  report  concerning  the  influence  of  genetic  parameters  on  identified 
deficiencies resulting in poor welfare of chickens. That report shall be accompanied 
by appropriate legislative proposals, if necessary. 

The  format  of  the  data  to  be  submitted,  as  provided  for  in  paragraph  1,  shall  be 
determined  by  the  Commission  within  two  years  from  the  date  of  adoption  of  this 
Directive in accordance with the procedure referred to in Article 9.  

Article 7 
Penalties 

The Member  States  shall lay down the  rules on penalties  applicable to  infringements  of the 
national provisions adopted pursuant to this Directive and shall take all measures necessary to 
ensure that they are implemented. The penalties provided for must be effective, proportionate 
and  dissuasive.  The  Member  States  shall  notify  those  provisions  to  the  Commission  by  [1 
December 2006] at the latest and shall notify it without delay of any subsequent amendment 
affecting them. 

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1. 

2. 

1. 

2. 

1. 

Article 8 
Implementing powers 

Measures necessary to ensure the uniform implementation of this Directive may be 
adopted  in  accordance  with  the  procedure  referred  to  in  Article  9.  In  particular 
detailed rules for the application of the scoring system set out in point 4 of Annex IV 
shall be adopted in accordance with the procedure referred to in Article 9.  

The  Annexes  may  be  amended  in  accordance  with  the  procedure  referred  to  in 
Article 9. 

Article 9 
Committee Procedure 

The Commission shall be assisted by the Standing Committee on the Food Chain and 
Animal Health (hereinafter referred to as ‘the Committee’). 

Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 
1999/468/EEC  shall  apply  and  the  period  laid  down  in  Article  5  (6)  of  Decision 
1999/468/EC shall be set at three months. 

Article 10 
Transposition 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  [1  December  2006]  at  the 
latest.  They  shall  forthwith  communicate  to  the  Commission  the  text  of  those 
provisions and a correlation table between those provisions and this Directive. 

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. 

2. 

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 11 
Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

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Article 12 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President 

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ANNEX I  

REQUIREMENTS APPLICABLE TO ALL ESTABLISHMENTS 

(as referred to in Article 3) 

Drinkers 

1. 

Drinkers shall be positioned and maintained in such a way that spillage is avoided. 

Feeding 

2. 

Feed shall be continuously available and must not be withdrawn from chickens more 
than 12 hours before the expected slaughter time.  

Litter 

3. 

All  chickens  shall  have  permanent  access  to  litter  which  is  dry  and  friable  on  the 
surface.  

Ventilation and heating 

4. 

Ventilation  shall  be  sufficient  to  avoid  overheating  and,  where  necessary  in 
combination with heating systems, to remove moisture.  

Noise 

5. 

Light 

6. 

7. 

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

All  buildings  shall  have  light  with  an  intensity  of  at  least  20  lux  during  the  light 
periods,  measured  at  bird  eye  level  and  illuminating  the  whole  of  the  floor  area.  A 
temporary  reduction  of  the  light  level  may  be  allowed  when  necessary  following 
veterinary advice.  

Within  three  days  from  the  time  when  the  chickens  are  placed  in  the  building  and 
until three days before the foreseen time of slaughter, the light must follow a 24-hour 
rhythm and include periods of darkness lasting at least 8 hours in total, with at least 
one uninterrupted period of darkness of at least 4 hours.  

Inspection 

8. 

9. 

All  chickens  kept  on  the  establishment  must  be  inspected  at  least  twice  a  day.  The 
keeper shall establish a procedure which ensures that the inspecting person passes all 
chickens within a distance of not more than three metres. 

Chickens that are seriously injured or show signs of poor health, such as those having 
difficulties  in  walking,  severe  ascites  or  severe  malformations,  and  are  likely  to 
suffer, shall receive appropriate treatment or be culled immediately. 

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Cleaning 

10. 

Those  parts  of  buildings,  equipment  or  utensils  which  are  in  contact  with  the 
chickens shall be thoroughly cleaned and disinfected every time after depopulation is 
carried out, before a new flock is introduced into the unit. 

Record keeping 

11. 

In addition, to the records kept in accordance with point 5 of the Annex to Directive 
98/58/EC,  the  owner  or  keeper  shall  maintain  a  record  for  each  unit  of  an 
establishment of:  

(a) 

the number of chickens introduced;  

(b) 

the origin of the chickens; 

(c) 

the date, quantity and type of feed delivered; 

(d) 

the medical and veterinary treatments administered; 

(e) 

the mortality on a daily basis with an indication of the causes, if known; 

(f) 

the house temperatures on a daily basis (maximum and minimum); 

(g) 

the average weight at the moment when chickens are sent for slaughter; 

(h) 

the  number  of  chickens  sent  for  slaughter  and  number  of  chickens  dead  on 
arrival at the slaughter house. 

Those records shall be retained for a period of at least three years and shall be made 
available  to  the  competent  authority  when  carrying  out  an  inspection  or  when 
otherwise requested. 

Surgical interventions 

12. 

All surgical interventions carried out for reasons other than therapeutic or diagnostic 
purposes which result in damage to or the loss of a sensitive part of the body or the 
alteration of bone structure shall be prohibited.  

However,  in  order  to  prevent  feather  pecking  and  cannibalism,  the  Member  States 
may authorise beak trimming provided it is carried out by qualified staff on chickens 
that  are  less  than  10  days  old.  In  addition,  Member  States  may  authorise  the 
castration of male chickens. The castration shall only be carried out under veterinary 
supervision  by  personnel  who  have  received  a  specific  training  authorised  by  the 
competent authority. 

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REQUIREMENTS FOR THE USE OF HIGHER STOCKING DENSITIES 

ANNEX II 

(as referred to in Article 3(3)) 

Notification and documentation 

1. 

The owner or keeper shall notify to the competent authority their intention to use a 
stocking density of more than 30 kilogrammes liveweight.  

That notification shall be accompanied by a document summarising the information 
contained  in  the  documentation  required  under  point  2.  The  notification  shall  be 
endorsed  by  the  veterinarian  attending  the  establishment.  However,  such  an 
endorsement  shall  not  release  the  owner  or  keeper  from  any  legal  obligation  under 
this Directive. 

2. 

The  owner  or  keeper  shall  maintain  and  have  available  in  the  establishment  a 
compiled documentation describing in detail the production systems. In particular it 
shall include information on the following matters:  

(a) 

technical details of the establishment and its equipment:  

(i) 

a  plan  of  the  establishment  including  the  dimensions  of  the  surfaces 
occupied by the chickens; 

(ii)  ventilation,  cooling  and  heating  system,  including  their  location,  a 
ventilation  plan,  detailing  target  air  quality  parameters,  such  as  airflow, 
air speed and temperature; 

(iii)  feeding and watering systems and their location; 

(iv)  alarm systems and backup systems in the case of electric failure;  

(v) 

floor type and litter normally used; 

(b)  production targets; 

(c)  management: 

(i) 

number  of  personnel  attending  to  the  chickens  including  contact  details 
in the case of an emergency; 

(ii)  qualifications  of  the  owner  or  keeper  and  other  persons  attending  the 

chickens; 

(iii)  suppliers of chickens and feed; 

(iv)  veterinarian attending the establishment;  

(v) 

inspection plan and procedures concerning the daily management of the 
establishment, including culling procedures; 

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(vi) 

inspection and maintenance plan for technical equipment; 

(vii)  depopulation procedures, including catching; 

(viii)  cleaning and disinfection procedures; 

(ix)  emergency plan for use in the case of electrical failure. 

The documentation shall be made available to the competent authority on request and 
must be kept updated. In particular, technical inspections of the ventilation and alarm 
system shall be recorded. 

The owner or keeper shall notify to the competent authority any substantial changes 
of the described establishment, equipment or procedures without undue delay. 

Requirements for the establishments and the personnel  

3. 

The owner or keeper shall ensure that each unit of an establishment is equipped with 
ventilation, heating and cooling systems designed, constructed and operated in such a 
way that  

(a) 

(b) 

the concentration of NH3 does not exceed 20 ppm and the concentration of CO2 
does not exceed 3000 ppm measured at the level of the chickens’ heads; 

the  inside  temperature,  when  the  outside  temperature  measured  in  the  shade 
exceeds 30° C, does not exceed this outside temperature by more than 3° C; 

(c)  when the outside temperatures is below 10° C, the relative humidity inside the 

unit of the establishment does not exceed 70 %. 

The  ventilation,  heating  and  cooling  system  shall  be  inspected  at  the  intervals 
indicated in the documentation required under point 2 (c). 

Monitoring and recording in the establishment 

4. 

In the establishment, the following variables shall be monitored and recorded by the 
owner or keeper in respect of each unit of an establishment: 

(a) 

temperature  and  relative  humidity  within  each  unit  of  the  establishment  on  a 
continuous basis; 

(b)  water consumption of the chickens within each unit of the establishment on a 

daily basis.  

Those records shall be retained by the owner or keeper for a period of at least three 
years  and  shall  be  made  available  to  the competent  authority  when  carrying  out  an 
inspection or when otherwise requested. 

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ANNEX III 

INSPECTIONS AND FOLLOW-UP OF DEFICIENCIES IN THE ESTABLISHMENT 
IN CASE OF THE USE OF HIGHER STOCKING DENSITIES 

1. 

The competent authority shall carry out inspections to verify: 

(as referred to in Article 3(3)) 

(a)  whether  the  equipment and management  of the establishment or of the single 
unit of the establishment concerned are suitable to ensure an acceptable welfare 
level;  

(b) 

the plausibility of the recorded flock sizes and mortality rates. 

(c)  whether in addition to the requirements of Annex I the requirements set out in 

Annex II are also complied with. 

In  particular,  the  competent  authority  shall  carry  out  an  inspection  in  any 
establishment  for  which  it  receives  a  notification  under  point  3  of  Annex  IV 
indicating  a  severe  deficiency  or  a  deficiency  which  already  had  been  the 
subject of a previous notification.  

Procedure in case of non-compliance 

2. 

Following either an inspection in accordance with point 1 of this Annex, when such 
inspection finds out that the requirements set out in Annex II are not complied with 
or  following  a  notification  in  accordance  with  point  3  of  Annex  IV,  the  competent 
authority  may  require  the  owner  or  keeper  to  eliminate  factors  prevailing  in  the 
establishment  which  are  likely  to  have  contributed  to  the  deficiencies  reported.  In 
such  a  case  the  owner  or  keeper  shall  submit  an  action  plan,  endorsed  by  the 
veterinarian attending the establishment.  

In  addition,  the  competent  authority  may  order  the  reduction  of  the  maximum 
stocking  density  for  the  establishment  or  units  of  establishments  concerned  to  an 
extent adequate to correct the deficiency, normally to a stocking density of between 
30  and  38  kilogrammes  liveweight,  when  an  inspection  finds  that  the  requirements 
set  out  in  Annex  II  are  not  complied  with  or  when  receiving  a  notification  under 
point  3  of  Annex  IV  indicating  a  severe  deficiency  or  a  second  notification  of  a 
deficiency  previously  notified  for  the  same  establishment.  The  competent  authority 
shall  inform  the  owner  or  keeper  of  the  decision  taken,  and  in  particular  of  the 
moment from when the reduction in stocking densities shall take effect.  

However, the competent authority may decide that the stocking density shall not be 
reduced when the owner or keeper provides sufficient explanation for the exceptional 
nature of the deficiency or shows that the causes lie beyond their sphere of control. 
In such a case the owner or keeper shall demonstrate that the relevant persons, such 
as  the  hatchery  operator  or  the  feed  stuff  supplier,  have  been  informed  of  the 
occurrence of the deficiency in order to prevent its recurrence. 

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3. 

The  owner  or  keeper  of  the  establishment  may  request  a  revision  of  the  order  of 
reduction of the maximum stocking densities as referred to in point 2 provided that 

(a) 

(b) 

the  two  previous  flocks  complied  with  the  limits  set  out  in  point  3  of  Annex 
IV; and 

the veterinarian attending the establishment has given a favourable opinion on 
the request. 

The competent authority shall decide on the request on the basis of an inspection of 
the  establishment,  including  an  evaluation  of  the  documentation  provided  in 
accordance with points 1 and 2 of Annex II. 

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1. 

2. 

3. 

ANNEX IV 

MONITORING AND FOLLOW-UP AT THE SLAUGHTERHOUSE 

(as referred to in Article 3(3), Article 6(1) and Article 8(1)) 

At the slaughterhouse each consignment  shall undergo under the supervision of the 
official veterinarian an inspection of a representative sample of at least 200 chickens 
concerning  the  occurrence  of  foot  pad  dermatitis,  establishing  a  scoring  in 
accordance with point 4.  

The mortality rates indicated in the documentation accompanying the consignment as 
well as the number of the chickens dead on arrival shall be recorded, indicating the 
establishment and the unit of the establishment. The mortality rates shall include all 
those birds which have been culled. 

The  official  veterinarian  shall  evaluate the  results  of  the  post-mortem  inspection  to 
identify other possible indications of poor welfare conditions in the establishment or 
the unit of the establishment of origin.  

When  the  acceptable  levels  of  mortality  or  levels  of  foot  pad  dermatitis  set  out  in 
table 1 are exceeded on the establishment or unit of the establishment of origin, the 
official  veterinarian  shall  notify  the  owner  or  keeper  of  that  establishment,  the 
veterinarian attending that establishment and the competent authority.  

The official veterinarian shall also notify the owner or keeper of the establishment, 
the  veterinarian  attending  the  establishment  and  the  competent  authority  when  the 
evaluation  carried  out  under  point  2  indicates  deficiencies  on  the  establishment  or 
when the mortality during transport exceeds 0.5 %. 

Table 1: 

Aspect 

Score or percentage 

Foot pad dermatitis  

50 points 

Mortality (on the 
establishment) 

1 % plus 0.06 % multiplied by the slaughter age of the 
flock in days 

4. 

The score for foot pad dermatitis shall be established in accordance with this point. 
One foot from each bird shall be checked and each categorised into three groups: 

Group 0: no foot pad lesions; 

Group 1: minor foot pad lesions; 

Group 2: severe foot pad lesions. 

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The  number  of  feet  from  Group  0  shall  not  contribute  to  the  score.  The  number  of 
feet from Group 1 shall be multiplied by 0.5, the number of feet from Group 2 shall 
be multiplied by 2 and those scores shall be added. Then the total shall be divided by 
the sample size and shall be multiplied by 100.  

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ANNEX V 

TRAINING 

(as referred to in Article 4(2)) 

The training courses referred to in point (b) of Article 4 (1) shall at least cover Community 
legislation concerning the protection of chickens and in particular the following matters: 

(a) 

(b) 

(c) 

(d) 

Annexes I and II; 

physiology,  in  particular  drinking  and  feeding  needs,  animal  behaviour  and  the 
concept of stress; 

the practical aspects of the handling of chickens, including catching and transport;  

emergency care for chickens, emergency killing and culling. 

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