2006/778/EC: Commission Decision of 14 November 2006 concerning minimum requirements for the collection of information during the inspections of production sites on which certain animals are kept for farming purposes (notified under document number C(2006) 5384)   (Text with EEA relevance)
Date: 2006-11-14
Institutions: European Commission
Subjects: agricultural holding, animal welfare, data collection, harmonisation of standards, information system, livestock farming, protection of animals, veterinary inspection

15.11.2006

EN

Official Journal of the European Union

L 314/39

COMMISSION DECISION

of 14 November 2006

concerning minimum requirements for the collection of information during the inspections of
production sites on which certain animals are kept for farming purposes

(notified under document number C(2006) 5384)

(Text with EEA relevance)

(2006/778/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 91/629/EEC of 19
November 1991 laying down minimum standards for
the
protection of calves (1), and in particular Article 7(2) thereof,

Having regard to Council Directive 91/630/EEC of 19
November 1991 laying down minimum standards for
the
protection of pigs (2), and in particular Article 7(2) thereof,

Having regard to Council Directive 98/58/EC of 20 July 1998
concerning the protection of
farming
purposes (3), and in particular Article 6(3) thereof,

animals kept

for

Having regard to Council Directive 1999/74/EC of 19 July
1999 laying down minimum standards for the protection of
laying hens (4), and in particular Article 8(3) thereof,

Whereas:

(1)

calves

Directive 91/629/EEC lays down minimum standards for
the protection of
rearing and
fattening. It provides that Member States are to ensure
that inspections are carried out under the responsibility
of the competent authority to check compliance with
that Directive.

confined for

(2)

Directive 91/630/EEC lays down minimum standards for
the protection of pigs confined for rearing and fattening.

(1) OJ L 340, 11.12.1991, p. 28. Directive as last amended by Regu-

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

(2) OJ L 340, 11.12.1991, p. 33. Directive as last amended by Regu-

lation (EC) No 806/2003.

(3) OJ L 221, 8.8.1998, p. 23. Directive as amended by Regulation (EC)

No 806/2003.

It provides
that Member States are to ensure that
inspections are carried out under the responsibility of
the competent authority to check compliance with that
Directive.

Directive 98/58/EC lays down minimum standards for
the protection of animals bred or kept
for farming
purposes. It provides that Member States are to ensure
that inspections to check compliance with that Directive
are carried out by the competent authority and that
Member States are to submit reports to the Commission
concerning those inspections.

for

Commission Decision 2000/50/EC of 17 December
1999 concerning minimum requirements
the
inspection of holdings on which animals are kept for
farming purposes (5) provides that
the reports which
the Member States are to submit to the Commission
to Directive 98/58/EC are to cover calves,
pursuant
pigs and laying hens. It also specified the information
which the Member States are requested to submit for
each species and category of animals.

in the Member States

Inspections of animals kept for farming purposes carried
out
should not only cover
requirements laid down in specific acts such as those
concerning calves, pigs or laying hens but also general
welfare requirements as laid down in Directive 98/58/EC.
The reporting obligations of the Member States to the
Commission should therefore include both general and
specific requirements under the Community legislation.

Inspections of animals kept for farming purposes carried
out in the Member States should also cover all other
farmed species that are within the scope of Directive
98/58/EC. The reporting obligations of
the Member
States to the Commission should therefore be extended
accordingly.

Directive 1999/74/EC lays down minimum standards for
the protection of laying hens. It provides that Member
States are to ensure that inspections to check compliance
with that Directive are carried out by the competent
authority.

(3)

(4)

(5)

(6)

(7)

(4) OJ L 203, 3.8.1999, p. 53. Directive as amended by Regulation (EC)

(5) OJ L 19, 25.1.2000, p. 51. Decision as last amended by the 2003

No 806/2003.

Act of Accession.

L 314/40

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Official Journal of the European Union

15.11.2006

gained

under Directives

91/629/EEC,
Experience
91/630/EEC, 98/58/EC and 1999/74/EC indicate discre-
pancies between Member States in planning, performing,
recording and reporting inspections carried out under
those Directives by the competent authority.

(14)

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

(8)

(9)

(10)

The collection of data on animal welfare inspections is
essential for the Community to evaluate the impact of its
policy in this field. In addition it is important that animal
welfare rules are applied in a uniform manner,
in
particular because those rules may affect the competi-
is
tiveness of
necessary to update the minimum requirements for the
inspection of production sites on which animals are kept
for farming purposes.

some farming activities. Therefore it

the European Par-
Regulation (EC) No 882/2004 of
liament 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
animal welfare rules (1) provides in Title V for control
plans including annual reports. The current reporting
obligations of the Member States pursuant to Decision
in
2000/50/EC should be adapted to that Regulation,
particular with regard to the
and the
deadline for reporting to the Commission.

frequency

(11) Animal welfare conditions are affected by farming
methods. Therefore they represented a useful basis for
laying hens,
collecting information.
In the case of
particular
reference should be made to Commission
Regulation (EC) No 2295/2003 of 23 December 2003
introducing detailed rules
implementing Council
Regulation (EEC) No 1907/90 on certain marketing
additional
as
standards
requirements for alternative systems.

eggs (2),

defines

for

for

it

(12)

The present system of collection and analysis of infor-
mation from the Member States generates an adminis-
trative burden both for the Commission and the Member
States.
It also creates risks for alteration of the data.
Therefore it is necessary to conduct a feasibility study
on an up-to-date information system at Community
level to improve and facilitate the collection and the
analysis of the data required here.

(13) Decision 2000/50/EC should therefore be repealed and

replaced by this Decision.

(1) OJ L 165, 30.4.2004, p. 1; as corrected (OJ L 191, 28.5.2004, p. 1).
(EC)
by

Regulation
amended
No 776/2006 (OJ L 136, 24.5.2006, p. 3).

Commission

Regulation

as

(2) OJ L 340, 24.12.2003, p. 16. Regulation as last amended by Regu-

lation (EC) No 89/2006 (OJ L 15, 20.1.2006, p. 30).

HAS ADOPTED THIS DECISION:

Article 1

Subject matter

This Decision lays down rules for the harmonisation of:

(a)

the collection of information during inspections carried out
by the competent authority in accordance with Directives
91/629/EEC, 91/630/EEC, 98/58/EC and 1999/74/EC; and

(b) the reporting of such information to the Commission.

Article 2

Definitions

the purposes of

For
Directives referred to in Article 1(a) shall apply.

this Decision,

the definitions

in the

The following definitions shall also apply:

(a)

‘inspection’ means a check which is carried out by the
competent authority on a production site where animals
are kept at the time of the check in accordance with one
of the Directives referred to in Article 1(a);

(b) ‘non-compliance’ means a failure to comply with one of the
Directives referred to in Article 1(a) which has been:

(i) found by the competent authority during an inspection;

(ii) notified by that authority to the owner or the keeper of
the animals held in the production site concerned by
means of an official document.

Article 3

Information to be collected and recorded during each
inspection

During each inspection, the competent authority shall collect
and record in a written or electronic document information
concerning:

(a)

the date and the identification of the production site;

(b) the categories of farming methods and the corresponding
provisions in Community legislation as listed in Annex I;

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Official Journal of the European Union

L 314/41

(c)

the categories of the non-compliance and the corresponding
provisions in Community legislation as listed in Annex II;

to this Decision and the corresponding provisions in Directive
1999/74/EC as listed in that Chapter. The competent authority
shall record any non-compliance found.

(d) the administrative categories of non-compliance and the
action taken by the competent authority as referred to in
Annex III.

Article 4

Minimum verification and recording requirements for
inspections carried out pursuant to Directive 91/629/EEC

to Directive
During each inspection carried out pursuant
91/629/EEC, the competent authority shall check at least five
of the categories referred to in Chapter I of Annex II to this
in Directive
corresponding provisions
Decision and the
91/629/EEC as
competent
listed in that Chapter. The
authority shall record any non-compliance found.

Article 5

Minimum verification and recording requirements for
inspections carried out pursuant to Directive 91/630/EEC

During each inspection carried out pursuant
to Directive
91/630/EEC, the competent authority shall check at least four
of the categories referred to in Chapter II of Annex II to this
in Directive
corresponding provisions
Decision and the
91/630/EEC as
competent
listed in that Chapter. The
authority shall record any non-compliance found.

Article 6

Minimum verification and recording requirements for
inspections carried out pursuant to Directive 98/58/EC

During each inspection carried out pursuant
to Directive
98/58/EC, the competent authority shall check at least five of
the categories referred to in Chapter III of Annex II to this
in Directive
Decision and the
98/58/EC as listed in that Chapter. The competent authority
shall record any non-compliance found.

corresponding provisions

Article 7

Minimum verification and recording requirements for
inspections carried out pursuant to Directive 1999/74/EC

to Directive
During each inspection carried out pursuant
1999/74/EC,
least
three of the categories referred to in Chapter IV of Annex II

the competent authority shall check at

Article 8

Reports

By 30 June 2009 at the latest, and subsequently every year
1.
not later than 30 June, Member States shall submit to the
Commission a report by electronic means concerning the infor-
mation collected and recorded in accordance with this Decision,
during inspections carried out during the previous calendar year.

2.

The report provided for in paragraph 1 shall:

(a) contain the information referred to in Annex IV;

(b) be accompanied by an analysis of the most serious findings
of non-compliances and a national action plan to prevent or
decrease their occurrence for the forthcoming years.

Article 9

Repeal

Decision 2000/50/EC is repealed.

Article 10

Applicability

This Decision shall apply from 1 January 2008.

Article 11

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 14 November 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

L 314/42

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Official Journal of the European Union

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ANNEX I

as referred to in Article 3(b)

CATEGORIES OF FARMING METHODS

Categories of farming methods for laying hens and corresponding provisions in Directive 1999/74/EC and
Regulation (EC) No 2295/2003

Category of farming method

Corresponding Community legislation

Free Range

Barn

Enriched cage system

Unenriched cage system

Annex III to Regulation (EC) No 2295/2003

Annex III to Regulation (EC) No 2295/2003

Article 6 of Directive 1999/74/EC

Article 5 of Directive 1999/74/EC

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ANNEX II

as referred to in Article 3(c) and Articles 4, 5 and 6

CHAPTER I

Categories of non-compliance for calves and corresponding provisions in Directive 91/629/EEC

Category of non-compliance

Corresponding provisions of Directive 91/629/EEC

Inspection

Annex, point (6)

Freedom of movement

Annex, points (7) and (8)

Space allowances

Article 3

Buildings and accommodation

Annex, points (1), (2), (3), (9), (14) and (10)

Minimum lighting

Annex, point (5)

Automatic and mechanical equipment

Annex, point (4)

Feed water and other substances

Annex, points (12), (13) and (15)

Haemoglobin level

Fibrous food

Annex, point (11)

Annex, point (11)

CHAPTER II

Categories of non-compliance for pigs and corresponding provisions in Directive 91/630/EEC

Category of non-compliance

Corresponding provisions of Directive 91/630/EEC

Staffing

Inspection

Article 5a

Article 3(8)

Annex, Chapter II, Section B, points 2

Annex, Chapter II, Section C, point 3

Annex, Chapter II, Section D

Freedom of movement

Article 3(3);

Annex, Chapter II, Section B, points 1, 4 and 5

Annex, Chapter II, Section C, points 1 and 2

Space allowances

Article 3(1) Article 3(4)

Buildings and accommodation

Annex, Chapter I, points 1, 2 and 3

Minimum lighting

Flooring surfaces

Manipulable materials

Annex, Chapter I, point 2

Article 3(2),

Annex, Chapter I, point 5

Annex, Chapter II, Section A

Article 3(5)

Annex, Chapter I, point 4

Annex, Chapter II, Section B, point 3

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Category of non-compliance

Corresponding provisions of Directive 91/630/EEC

Feed water and other substances

Fibrous food

Mutilations

Article 3(6)
Annex, Chapter I, points 6 and 7

Article 3(7)

Annex, Chapter I, point 8

Breeding procedures

Annex, Chapter II, Section C, point 3

Categories of non-compliance for all production sites and corresponding provisions in the Annex to Directive
98/58/EC

CHAPTER III

Category of non-compliance

Corresponding points of the Annex to Directive 98/58/EC

Staffing

Inspection

Record keeping

Point 1

Points 2, 3 and 4

Points 5 and 6

Freedom of movement

Point 7

Buildings and accommodation

Points 8 to 12

Automatic or mechanical equipment

Point 13

Feed, water and other substances

Points 14 to 18

Mutilations

Breeding procedures

Point 19

Points 20 and 21

CHAPTER IV

Categories of non-compliance for laying hens and corresponding provisions in Directive 1999/74/EC

Category of non-compliance

Corresponding provisions of Directive 1999/74/EC

Inspection

Space allowances

Buildings and accommodation

Annex, points 1 and 6

Article 4(1)(4)

Article 5(1)(1)

Article 6(1)(a)

Article 4, except paragraph 1(4)

Article 5, except paragraph 1(1)

Article 6, except point 1(a)
Annex, points 4, 5 and 7

Minimum lighting

Annex, point 3

Automatic and mechanical equipment

Annex, point 2

Mutilation

Annex, point 8

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ANNEX III

as referred in Article 3(d)

Administrative categories of non-compliances

Administrative category of
non-compliance

Action taken by the competent authority

A

B

C

Request to address the non-compliance(s) within a deadline of less than three months

No immediate action for administrative or criminal penalties

Request to address the non-compliance(s) within a deadline of more than three months

No immediate action for administrative or criminal penalties

Immediate action for administrative or criminal penalties

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Information to be submitted to the Commission pursuant Article 8

ANNEX IV

The information to be submitted to the Commission pursuant to Article 8 shall be submitted in accordance with Tables 1
and 2 of this Annex.

It shall contain the number of:

— Production sites subject to inspections in rows 1 of Tables 1 and 2;

— Production sites inspected in rows 2 of Tables 1 and 2, based on the number of inspections which comply with the

requirements of Articles 4 to 7;

— Production sites without non compliance in rows 3 of Tables 1 and 2, based on the results of inspections respectively

reported in rows 2 of Tables 1 and 2;

— Non-compliances according to the categories referred to Annex II in rows 4 to 18 of Table 1 and in rows 4 to 12 of

Table 2 of this Annex;

— Non-compliances according to the categories referred to in Annex III in rows 19 to 21 of Table 1 and rows 13 to 15

of Table 2 of this Annex.

Table 1

Animal category

Laying hens

Farming method

e
g
n
a
r

e
e
r
F

n
r
a
B

e
g
a
c

d
e
h
c
i
r
n
E

e
g
a
c

d
e
h
c
i
r
n
e
n
U

s
e
v
l
a
C

s
g
i
P

Number of

1

2

3

Production sites subject to inspection

Production sites inspected

Prod. sites without non compliance

Number of non-compliances concerning

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

Staffing

Inspection

Record keeping

Freedom of movement

Space allowances

Buildings and accommodation

Minimum lighting

Flooring surfaces (for pigs)

Manipulable materials

Automatic and mechanical equipment

Feed, water and other substances

Haemoglobin (calves)

Fibrous food (calves and sows)

Mutilations

Breeding procedures

Non-compliance A

Non-compliance B

Non-compliance C

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Number of

Animal category

Table 2

e
l
t
t
a
C

)
s
e
l
v
a
c

t
p
e
c
x
e
(

p
e
e
h
S

s
t
a
o
G

)
*
(

s
l
w
o
f

c
i
t
s
e
m
o
D

s
e
t
i
t
a
R

s
k
c
u
D

e
s
e
e
G

s
l
a
m
n
a

i

r
u
F

s
y
e
k
r
u
T

1

2

3

Production sites subject to inspection

Production sites inspected

Production sites without non-compliance

Number of non-compliances concerning

4

5

6

7

8

9

10

11

12

13

14

15

Staffing

Inspection

Record keeping

Freedom of movement

Buildings and accommodation

Automatic and mechanical equipment

Feed, water and other substances

Mutilations

Breeding procedures

Non-compliance A

Non-compliance B

Non-compliance C

(*) Poultry of the species Gallus gallus except laying hens