Proposal for a Council Directive laying down minimum standards for the protection of calves (codified version)
Date: 2006-06-01
Institutions: European Commission
Subjects: Council of the European Union, EC Directive, calf, codification of EU law, livestock farming, protection of animals, veterinary legislation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 1.6.2006 
COM(2006) 258 final 

2006/0097 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

laying down minimum standards for the protection of calves 

(codified version) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Directive 91/629/EEC of 19 November 1991 laying down minimum standards for the 
protection of calves3. The new Directive will supersede the various acts incorporated 
in it4; this proposal fully preserves the content of the acts being codified and hence 
does no more than bringing them together with only such formal amendments as are 
required by the codification exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex II, Part A of this proposal. 

1. 

2. 

3. 

4. 

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2 
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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in all official languages, of Directive 91/629/EEC and the instruments amending it, 
carried out by the Office for Official Publications of the European Communities, by 
means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new 
numbers,  the  correlation  between  the  old and  the  new  numbers  is  shown  in  a  table 
contained in Annex III to the codified Directive. 

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(cid:208) 91/629/EEC (adapted) 

2006/0097 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

laying down minimum standards for the protection of calves 

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 Commission5, 

Having regard to the opinion of the European Parliament6, 

Whereas: 

(1) 

Council Directive 91/629/EEC of 19 November 1991 laying down minimum standards 
for  the  protection  of  calves7  has  been  substantially  amended  several  times8.  In  the 
interests of clarity and rationality the said Directive should be codified. 

(cid:208)  

(2)  ⌦ Most ⌫ Member States have ratified the European Convention for the protection 
of  animals  kept  for  farming  purposes.  The  Community  has  also  approved  this 
Convention by Council Decision 78/923/EEC9. 

(cid:208) 91/629/EEC Recital 1 (adapted) 

(cid:208) 91/629/EEC 

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

The  keeping  of  calves  is  an  integral  part  of  agriculture.  It  constitutes  a  source  of 
revenue for part of the agricultural population. 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 340, 11.12.1991, p. 28. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 
16.5.2003, p. 1). 
See Annex II, Part A. 
OJ L 323, 17.11.1978, p. 12. 

(3) 

(4) 

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(5) 

(6) 

(7) 

(8) 

Differences  which  may  distort  conditions  of  competition  interfere  with  the  smooth 
running of the organisation of the common market in calves and calf products. 

There is therefore a need to establish common minimum standards for the protection 
of  rearing  calves  or  calves  for  fattening  in  order  to  ensure  rational  development  of 
production. 

(cid:208) 97/2/EC Recital 4 (adapted) 

It  is  recognised  scientifically  that  calves  should  benefit  from  an  environment 
corresponding to their needs as a herd-living species. For that reason, they should be 
reared  in  groups.  Calves,  both  group-housed  and  individually  penned,  must  have 
sufficient  space  for  exercise,  contact  with  other  cattle,  and  for  normal  movements 
when standing up or lying down. 

(cid:208) 91/629/EEC Recital 7 

It  is  necessary  for  official  services,  producers,  consumers  and  others  to  be  kept 
informed of developments in this field. The Commission should therefore, on the basis 
of  an  opinion  from  the  European  Food  Safety  Authority,  pursue  actively  scientific 
research into the most efficient stock-farming system(s) from the point of view of the 
well-being  of  calves.  Provision  should  accordingly  be  made  for  an  interim  period  to 
enable the Commission to complete this task successfully. 

(cid:208)  

(9) 

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. 

(10)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating to the time-limits for transposition into national law of the Directives set out in 
Annex II, Part B, 

HAS ADOPTED THIS DIRECTIVE: 

(cid:208) 91/629/EEC 

This  Directive  lays  down  the  minimum  standards  for  the  protection  of  calves  confined  for 
rearing and fattening. 

Article 1 

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

Article 2 

10 

OJ L 184, 17.7.1999, p. 23. 

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(1) 

(2) 

‘calf’ means a bovine animal up to six months old; 

‘competent  authority’  means  the  competent  authority  as  defined  in  Article 2(6)  of 
Council Directive 90/425/EEC11. 

Article 3 

(cid:208) 97/2/EC Art. 1 pt. 1 

1. The following provisions shall apply to all holdings newly built or rebuilt or brought into 
use after 1 January 1998: 

(a) 

(b) 

no calf shall be confined in an individual pen after the age of eight weeks, unless a 
veterinarian certifies that its health or behaviour requires it to be isolated in order to 
receive treatment. The width of any individual pen for a calf shall be at least equal to 
the height of the calf at the withers, measured in the standing position, and the length 
shall  be  at  least  equal  to  the  body  length  of  the  calf,  measured  from  the  tip  of  the 
nose to the caudal edge of the tuber ischii (pin bone), multiplied by 1,1. 

Individual  pens  for  calves  (except  those  for  isolating  sick  animals)  must  not  have 
solid  walls,  but  perforated  walls  which  allow  the  calves  to  have  direct  visual  and 
tactile contact; 

for  calves  kept  in  groups,  the  unobstructed  space  allowance  available  to  each  calf 
shall  be  at  least  equal  to  1,5 m2  for  each  calf  of  a  live  weight  of  less  than 
150 kilograms, at least equal to 1,7 m2 for each calf of a live weight of 150 kilograms 
or more but less than 220 kilograms, and at least equal to 1,8 m2 for each calf of a 
live weight of 220 kilograms or more. 

However, the provisions of the first subparagraph shall not apply to: 

(a) 

(b) 

holdings with fewer than six calves; 

calves kept with their mothers for suckling. 

2.  From  31  December  2006,  the  provisions  provided  for  in  paragraph  1  shall  apply  to  all 
holdings. 

(cid:208) 91/629/EEC 
(cid:206)1 97/2/EC Art. 1 pt. 4 

Article 4 

Member  States  shall  ensure  that  the  conditions  for  rearing  calves  comply  with  the  general 
provisions laid down in Annex I. 

11 

OJ L 224, 18.8.1990, p. 29.  

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The provisions in Annex I may be amended in accordance with the procedure referred to in 
Article 10(2) in order to take account of scientific progress. 

Article 5 

Article 6 

Not later than (cid:206)1 1 January 2006 (cid:205), the Commission shall submit to the Council a report, 
drawn  up  on  the  basis  of  an  opinion  from  the  European  Food  Safety  Authority,  on  the 
intensive farming system(s) which comply with the requirements of the well-being of calves 
from the pathological, zootechnical, physiological and behavioural point of view, as well as 
the socio-economic implications of different systems, together with proposals relevant to the 
report's conclusions. 

The  Council  shall  act  by  a  qualified  majority  on these  proposals  no  later  than  three  months 
after their submission. 

Article 7 

1. Member States shall ensure that inspections are carried out under the responsibility of the 
competent authority in order to check that the provisions of this Directive are complied with. 

These  inspections,  which  may  be  carried  out  on  the  occasion  of  checks  made  for  other 
purposes, shall each year cover a statistically representative sample of  the different farming 
systems used in each Member State. 

2. The Commission shall, in accordance with the procedure referred to in Article 10(2), draw 
up a code of rules to be applied in carrying out the inspections provided for in paragraph 1 of 
this Article. 

3. Every two years, by the last working day in April and for the first time by 30 April 1996, 
Member  States  shall  inform  the  Commission  of  the  results  of  the  inspections  carried  out 
during  the  previous  two  years  in  accordance  with  this  Article,  including  the  number  of 
inspections carried out in relation to the number of holdings in their territory. 

Article 8 

In  order  to  be  imported  into  the  Community,  animals  coming  from  a  third  country  must  be 
accompanied by a certificate issued by the competent authority of that country, certifying that 
they  have  received  treatment  at  least  equivalent  to  that  granted  to  animals  of  Community 
origin as provided for by this Directive. 

Article 9 

Veterinary experts from the Commission may, where necessary for the uniform application of 
this Directive, carry out on-the-spot checks in cooperation with the competent authorities. The 
persons  carrying  out  these  checks  shall  implement  the  special  personal  hygiene  measures 
necessary to exclude any risk of transmission of disease. 

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The  Member  State  in  the  territory  of  which  a  check  is  being  carried  out  shall  give  all 
necessary assistance to the experts in carrying out their duties. The Commission shall inform 
the competent authority of the Member State concerned of the results of the checks. 

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. 

With  regard  to  relations  with  third  countries,  the  provisions  of  Chapter  III  of  Council 
Directive 91/496/EEC12 shall apply. 

General  rules  for  the  application  of  this  Article  shall  be  adopted  in  accordance  with  the 
procedure referred to in Article 10(2). 

(cid:208) 806/2003 Art. 3 and Annex III 
pt. 25 

Article 10 

1.  The  Commission  shall  be  assisted  by  the  Standing  Committee  on  the  Food  Chain  and 
Animal Health set up pursuant to Article 58 of Regulation (EC) No 178/2002 of the European 
Parliament and of the Council13, hereinafter referred to as ‘the Committee’. 

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall 
apply. 

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

3. The Committee shall adopt its Rules of Procedure. 

(cid:208) 91/629/EEC (adapted) 

Article 11 

Member  States  may,  in  compliance  with  the  general  rules  of  the  Treaty,  maintain  or  apply 
within their territories stricter provisions for the protection of calves than those laid down in 
this Directive. They shall inform the Commission of any such measures. 

(cid:208)  

Article 12 

Directive 91/629/EEC, as amended by the Acts listed in Annex II, Part A, is repealed, without 
prejudice to the obligations of the Member States relating to the time-limits for transposition 
into national law of the Directives set out in Annex II, Part B. 

12 
13 

OJ L 268, 24.9.1991, p. 56. 
OJ L 31, 1.2.2002, p. 1. 

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References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex III. 

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

Article 13 

(cid:208) 91/629/EEC 

Article 14 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

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1. 

2. 

3. 

4. 

5. 

6. 

(cid:208) 91/629/EEC 

ANNEX I 

Materials used for the construction of calf accommodation and in particular of boxes 
and equipment with which calves may come into contact must not be harmful to the 
calves and must be capable of being thoroughly cleaned and disinfected. 

Until Community rules are laid down on the matter, electrical circuits and equipment 
must  be  installed  in  accordance  with  current  national  rules  so  as  to  avoid  electric 
shocks. 

Insulation, heating and ventilation of the building must ensure that the air circulation, 
dust level, temperature, relative air humidity and gas concentrations are kept within 
limits which are not harmful to the calves. 

All  automated  or  mechanical  equipment  essential  for  the  calves'  health  and  well-
being must be inspected at least once daily. Where defects are discovered, these must 
be rectified immediately or, if this is impossible, appropriate steps must be taken to 
safeguard the health and well-being of the calves until the defect has been rectified, 
notably  by  using  alternative  methods  of  feeding  and  maintaining  a  satisfactory 
environment. 

Where  an  artificial  ventilation  system  is  used,  provision  must  be  made  for  an 
appropriate back-up system to guarantee sufficient air renewal to preserve the health 
and  well-being  of  the  calves  in  the  event  of  failure  of  the  system,  and  an  alarm 
system  must  be  provided  to  warn  the  stock-keeper  of  the  breakdown.  The  alarm 
system must be tested regularly. 

Calves  must  not  be  kept  permanently  in  darkness.  To  meet  their  behavioural  and 
physiological  needs,  provision  must  be  made,  allowing  for  the  different  climatic 
conditions in the Member States, for appropriate natural or artificial lighting; if the 
latter, it must function for a period at least equivalent to the period of natural light 
normally available between 9 a.m. and 5 p.m. In addition, suitable lighting (fixed or 
portable)  strong  enough  to  allow  the  calves  to  be  inspected  at  any  time  must  be 
available. 

(cid:208) 97/182/EC Art. 1 pt. 1 

All housed calves shall be inspected by the owner or the person responsible for the 
animals at least twice daily and calves kept outside shall be inspected at least once 
daily.  Any  calf  which  appears  to  be  ill  or  injured  shall  be  treated  appropriately 
without delay and veterinary advice shall be obtained as soon as possible for any calf 
which is not responding to the stock-keeper's care. Where necessary, sick or injured 
calves shall be isolated in adequate accommodation with dry, comfortable bedding. 

7. 

The accommodation for calves must be constructed in such way as to allow each calf 
to lie down, rest, stand up and groom itself without difficulty. 

(cid:208) 97/182/EC Art. 1 pt. 2 

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8. 

9. 

10. 

11. 

12. 

13. 

(cid:208) 97/182/EC Art. 1 pt. 3 

Calves shall not be tethered, with the exception of group-housed calves which may 
be tethered for periods of not more than one hour at the time of feeding milk or milk 
substitute. Where tethers are used, they shall not cause injury to the calves and shall 
be  inspected  regularly  and  adjusted  as  necessary  to  ensure  a  comfortable  fit.  Each 
tether shall be designed to avoid the risk of strangulation or injury and to allow the 
calf to move in accordance with point 7. 

(cid:208) 91/629/EEC 

Housing, pens, equipment and utensils used for calves must be properly cleaned and 
disinfected to prevent cross-infection and the build-up of disease-carrying organisms. 
Faeces,  urine  and  uneaten  or  spilt  food  must  be  removed  as  often  as  necessary  to 
minimise smell and avoid attracting flies or rodents. 

Floors must be smooth but not slippery so as to prevent injury to the calves and so 
designed as not to cause injury or suffering to calves standing or lying on them. They 
must  be  suitable  for  the  size  and  weight  of  the  calves  and  form  a  rigid,  even  and 
stable  surface.  The  lying  area  must  be  comfortable,  clean,  and  adequately  drained 
and must not adversely affect the calves. Appropriate bedding must be provided for 
all calves less than two weeks old. 

(cid:208) 97/182/EC Art. 1 pt. 4 

All calves shall be provided with an appropriate diet adapted to their age, weight and 
behavioural  and  physiological  needs,  to  promote  good  health  and  welfare.  To  this 
end, their food shall contain sufficient iron to ensure an average blood haemoglobin 
level of at least 4,5 mmol/litre and a minimum daily ration of fibrous food shall be 
provided  for  each  calf  over  two  weeks  old,  the  quantity  being  raised  from  50 g  to 
250 g per day for calves from eight to 20 weeks old. Calves shall not be muzzled. 

(cid:208) 91/629/EEC 
(cid:206)1 97/182/EC Art. 1 pt. 5 
(cid:206)2 97/182/EC Art. 1 pt. 6 

All calves must be fed at least (cid:206)1 twice (cid:205) a day. Where calves are housed in groups 
and not fed ad libitum or by an automatic feeding system, each calf must have access 
to the food at the same time as the others in the group. 

All calves over two weeks of age must have access to a sufficient quantity of fresh 
water  or  be  able 
intake  needs  by  drinking  other 
liquids.(cid:206)2 However,  in  hot  weather  conditions  or  for  calves  which  are  ill,  fresh 
drinking water shall be available at all times. (cid:205) 

their  fluid 

to  satisfy 

14. 

Feeding  and  watering  equipment  must  be  designed,  constructed,  placed  and 
maintained so that contamination of the calves' feed and water is minimised. 

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15. 

Each  calf  shall  receive  bovine  colostrum  as  soon  as  possible  after  it  is  born  and  in 
any case within the first six hours of life. 

(cid:208) 97/182/EC Art. 1 pt. 7 

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(cid:207) 

ANNEX II 

Part A 

Repealed Directive with its successive amendments 
(referred to in Article 12) 

Council Directive 91/629/EEC 
(OJ L 340, 11.12.1991, p. 28) 

Council Directive 97/2/EC 
(OJ L 25, 28.1.1997, p. 24) 

Commission Decision 97/182/EC 
(OJ L 76, 18.3.1997, p. 30) 

Council Regulation (EC) No 806/2003 
(OJ L 122, 16.5.2003, p. 1) 

only Annex III, point 25 

Part B 

List of time-limits for transposition into national law 
(referred to in Article 12) 

Directives 

Time-limit for transposition 

91/629/EEC 

97/2/EC 

1 January 1994 

31 December 1997 

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ANNEX III 

CORRELATION TABLE 

Directive 91/629/EEC 

This Directive 

Articles 1 and 2 

Articles 1 and 2 

Article 3(1) 

Article 3(2) 

_____ 

_____ 

Article 3(3), first subparagraph 

Article 3(1), first subparagraph 

Article 
introductory words 

3(3), 

second 

subparagraph, 

Article 
introductory words 

3(1), 

second 

subparagraph, 

Article 3(3), second subparagraph, first indent  Article 3(1), second subparagraph, point (a) 

Article  3(3),  second  subparagraph,  second 
indent 

Article 3(1), second subparagraph, point (b) 

Article 3(3), third subparagraph 

Article 3(2) 

Article 3(4) 

Article 4(1) 

Articles 5 to 10 

Article 11(1) 

Article 11(2) 

_____ 

_____ 

Article 12 

Annex  

_____ 

_____ 

_____ 

Article 4 

Articles 5 to 10 

_____ 

Article 11 

Article 12 

Article 13 

Article 14 

Annex I 

Annex II 

Annex III 

_____________ 

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