Council Directive 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production (Text with EEA relevance)
Date: 2007-06-28
Institutions: Council of the European Union
Subjects: animal welfare, intensive livestock farming, poultry, poultrymeat, protection of animals, regulation of agricultural production, veterinary legislation

12.7.2007

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Official Journal of the European Union

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DIRECTIVES

COUNCIL DIRECTIVE 2007/43/EC

of 28 June 2007

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
Community, and in particular Article 37 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

Having consulted the Committee of the Regions,

Whereas:

(1)

(2)

The Protocol on protection and welfare of animals
establishing
annexed to the Treaty
the European
in formulating and imple-
Community requires that
menting 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 purposes (3),
drawn up on the basis of the European Convention for
the Protection of Animals kept for Farming Purposes (4)
(hereinafter referred to as 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 physio-
logical and ethological needs of the animals.

(1) Opinion delivered on 14 February 2006 (not yet published in the

Official Journal).

(2) Opinion delivered on 26 October 2005 (not yet published in the

Official Journal).

(3) 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).

(4) OJ L 323, 17.11.1978, p. 14. Convention as amended by a Protocol

of amendment (OJ L 395, 31.12.1992, p. 22).

(3)

(4)

(5)

(6)

(7)

(8)

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

The report of the Scientific Committee on Animal Health
and Animal Welfare of 21 March 2000 on the Welfare
Production (Broilers)
for Meat
of Chickens Kept
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.

Specific provision for non-littered areas, to minimise the
influence of genetic parameters or to include welfare
indicators in addition to foot-pad dermatitis, will be
made when the relevant opinions of
the European
Food Safety Authority (EFSA) are available.

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

of

objective

introducing

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

in accordance with the

for

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

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(9)

(10)

(11)

(12)

(13)

It is important that persons attending to chickens have
animal welfare
an understanding of
requirements
to
training
perform their
experience
equivalent to such training.

the
receive
tasks or have

relevant
appropriate

acquired

and

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 account, as regards
animal welfare, health, economic and social consid-
erations and the environmental impact.

for

the

consumption (1)

and Regulation

the European Parliament and of

Regulation (EC) No 854/2004 of
European
Parliament and of the Council of 29 April 2004 laying
down specific rules
the organisation of official
controls on products of animal origin intended for
(EC) No
human
the
882/2004 of
Council of 29 April 2004 on official
controls
performed to ensure the verification of compliance
with feed and food law, animal health and welfare
rules (2)
framework for official
animal
controls
welfare
(EC) No
882/2004 provides that Member States are to submit
the multi-
annual reports on the implementation of
including results of
annual national
controls and audits carried out. For
this purpose,
financial support is foreseen both in these regulations
and in Council Decision 90/424/EEC of 26 June 1990
on expenditure in the veterinary field (3).

already establish a
including
In
rules.

compliance with some
addition, Regulation

control plans,

production including the parent stock of such chickens,
in particular as regards aspects not covered by this
Directive. That report should specifically consider the
possibility to introduce thresholds for
indications of
identified during the post-
poor welfare conditions
mortem inspections and the influence of genetic para-
meters 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
this
Directive and ensure that they are implemented. Those
penalties must be effective, proportionate and dissuasive.

the provisions of

(16)

(17)

in accordance with paragraph 34 of the
The Council,
law-making (4),
Interinstitutional Agreement on better
should encourage the Member States to draw up, for
themselves and in the interest of the Community their
own tables, which will, as far as possible, illustrate the
correlation between the Directive and the transposition
measures and to make them public.

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
implementing powers
the exercise of
conferred on the Commission (5),

HAS ADOPTED THIS DIRECTIVE:

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.

Article 1

Subject matter and scope

This Directive shall apply to chickens kept

1.
production.

for meat

it

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

However, it shall not apply to:

(a) holdings with fewer than 500 chickens;

(b) holdings with only breeding stocks of chickens;

(c) hatcheries;

(14)

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

(1) OJ L 139, 30.4.2004, p. 206. Corrected by OJ L 226, 25.6.2004,
p. 83. Regulation as last amended by Council Regulation (EC)
No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(2) OJ L 165, 30.4.2004, p. 1. Corrected by OJ L 191, 28.5.2004, p. 1.
(EC)

by Council Regulation

amended

last

Regulation
as
No 1791/2006.

(d) extensive indoor and free range chickens, as referred to in
points (b), (c), (d), (e) of Annex IV to Commission Regu-
lation (EEC) No 1538/91 of 5 June 1991 introducing
detailed rules
implementing Regulation (EEC) No
1906/90 on certain marketing standards for poultry (6); and

for

(4) OJ C 321, 31.12.2003, p. 1. Corrected by OJ C 4, 8.1.2004, p. 7.
(5) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(3) OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation

(6) OJ L 143, 7.6.1991, p. 11. Regulation as last amended by Regu-

(EC) No 1791/2006.

lation (EC) No 2029/2006 (OJ L 414, 30.12.2006, p. 29).

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(e) organically reared chickens in accordance with Council
Regulation (EEC) No 2092/91 of 24 June 1991 on
organic production of agricultural products and indications
referring thereto on agricultural products and foodstuffs (1).

The Directive shall apply to rearing stock on holdings

2.
which have both breeding stock and rearing stock.

(i)

(j)

‘stocking density’ means the total
live weight of chickens
which are present in a house at the same time per square
metre of useable area;

‘flock’ means a group of chickens which are placed in a
house of a holding and are present in this house at the
same time;

Member States
measures in the area covered by this Directive.

remain free to take more stringent

shall

Primary responsibility for animal welfare rests with the owner
or keeper of the animals.

(k) ‘daily mortality rate’ means the number of chickens which
have died in a house on the same day including those that
have been culled either for disease or because of other
reasons divided by the number of chickens present in the
house on that day, multiplied by 100;

Article 2

Definitions

(l)

‘cumulative daily mortality rate’ means the sum of daily
mortality rates.

For the purpose of this Directive, the following definitions

1.
shall apply:

(a) ‘owner’ means any natural or

legal person or persons

owning the holding where chickens are kept;

(b) ‘keeper’ means any natural or legal person responsible for or
in charge of chickens in terms of contract or by law
whether on a permanent or temporary basis;

(c) ‘competent authority’ means the central authority of a
Member State competent
to carry out animal welfare,
veterinary and zootechnical checks or any other authority
to which that competence has been conferred either at
regional, local or other level;

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

(e) ‘chicken’ means an animal of the species Gallus gallus kept

for meat production;

(f)

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

(g) ‘house’ means a building on a holding where a flock of

chickens are kept;

(h) ‘useable area’ means a littered area accessible to the chickens

at any time;

(1) OJ L 198, 22.7.1991, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 394/2007 (OJ L 98, 13.4.2007,
p. 3).

The definition of ‘useable area’ in paragraph 1 point (h)
2.
with regard to non-littered areas may be
completed in
accordance with the procedure referred to in Article 11
following the results of a scientific opinion of the European
Food Safety Authority on the impact of non-littered areas on
the welfare of chickens.

Article 3

Requirements for the keeping of chickens

1.

The Member States shall ensure that:

(a) all houses comply with the requirements set out in Annex I;

(b) the required inspections and the monitoring and follow-up,
including those provided for in Annex III, are carried out by
the competent authority or the official veterinarian.

2. Member States shall ensure that the maximum stocking
density in a holding or a house of a holding does not at any
time exceed 33 kg/m2.

3.
By way of derogation from paragraph 2, Member States
may provide that chickens be kept at a higher stocking density
complies with the
provided that
requirements
in addition to the
requirements set out in Annex I.

the owner or keeper
in Annex II,

set out

4. Member States shall ensure that, when a derogation is
granted under paragraph 3, the maximum stocking density in
a holding or a house of a holding does not at any time exceed
39 kg/m2.

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5. When the criteria set out in Annex V are fulfilled, Member
States may allow that the maximum stocking density referred to
in paragraph 4 be increased by a maximum of 3 kg/m2.

Article 4

Training and guidance for persons dealing with chickens

1. Member States shall ensure that keepers who are natural
persons have received sufficient training in their tasks and that
appropriate training courses are available.

Article 6

Report by the Commission to the European Parliament and
to the Council

Based on a scientific opinion of the European Food Safety
1.
Authority, the Commission shall no later than 31 December
2010 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 may be accompanied by appropriate legislative
proposals, if necessary.

The training courses referred to in paragraph 1 shall focus
2.
on welfare aspects and cover in particular the matters listed in
Annex IV.

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

4. Member States may recognise experience acquired before
to participation in such
30 June 2010 as being equivalent
training courses and shall
issue certificates attesting to such
equivalence.

5. Member States may provide that the requirements set out
in paragraphs 1 to 4 shall also apply to owners.

The owner or keeper
relevant

shall provide instructions and
6.
guidance on the
requirements,
animal welfare
including those concerning the methods of culling practised
in holdings,
to persons employed or engaged by them to
attend to chickens or to catch and load them.

Article 5

Labelling of poultrymeat

later than 31 December 2009,

the Commission shall
Not
submit
to the European Parliament and to the Council a
report on the possible introduction of a specific harmonised
mandatory labelling scheme for chicken meat, meat products
and preparations based on compliance with animal welfare
standards.

That report shall consider possible socioeconomic implications,
effects on the Community’s economic partners and compliance
of such a labelling scheme with World Trade Organisation rules.

2. Member States shall submit to the Commission the results
of the data collection based on monitoring of a representative
sample of flocks slaughtered during a minimum period of one
year. In order to enable a relevant analysis, the sampling and the
data requirements as referred to in Annex III should be scien-
tifically based, objective and comparable, and laid down in
accordance with the procedure referred to in Article 11.

Member States may need a Community financial contribution
for the collection of data for the purpose of this Directive.

On the basis of available data and taking into account
3.
new scientific evidence, the Commission shall, not later than
30 June 2012, submit to the European Parliament and to the
Council a report concerning the application of this Directive
and its influence on the welfare of chickens, as well as the
development of welfare indicators. The report shall take into
account the different production conditions and methods.
It
shall also take into account the socioeconomic and adminis-
trative implications of this Directive including regional aspects.

Article 7

Inspections

1.
The competent authority shall carry out non-discrimi-
natory inspections to verify compliance with the requirements
of this Directive.

Such inspections shall be carried out on an adequate proportion
of animals kept within each Member State, in accordance with
the relevant provisions of Regulation (EC) No 882/2004, and
may be carried out at
the same time as checks for other
purposes.

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.

Member States shall put in place appropriate procedures for
determining the stocking density.

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2. Member States shall submit to the Commission by 30
June each year an annual report for the previous year on the
inspections provided for in paragraph 1. The report shall be
accompanied by a list of the most relevant actions taken by
the competent authority to address the main welfare problems
detected.

food law, establishing the
principles and requirements of
European Food Safety Authority and laying down procedures
in matters of food safety (1) (the Committee).

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

Article 8

Guides to good management practice

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

Member States shall encourage the development of guides to
good management practice which shall
include guidance on
compliance with this Directive. The dissemination and use of
such guides shall be encouraged.

Article 12

Transposition

Article 9

Penalties

lay down the rules on penalties
The Member States shall
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
shall be effective, proportionate and dissuasive. The Member
States shall notify those provisions to the Commission by 30
June 2010 at the latest and shall notify it without delay of any
subsequent amendment affecting them.

Article 10

Implementing powers

Member States shall bring into force the laws, regulations and
administrative provisions necessary
to comply with this
Directive by 30 June 2010 at the latest.

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.

Article 13

Entry into force

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Measures necessary to ensure the uniform implementation of
this Directive may be adopted in accordance with the procedure
referred to in Article 11.

This Directive is addressed to the Member States.

Article 14

Article 11

Committee procedure

Done at Luxembourg, 28 June 2007.

1.
The Commission shall be assisted by the Standing
Committee on the Food Chain and Animal Health, set up by
Regulation (EC) No 178/2002 of the European Parliament and
of the Council of 28 January 2002 laying down the general

For the Council
The President

S. GABRIEL

(1) OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission

Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3).

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ANNEX I

REQUIREMENTS APPLICABLE TO HOLDINGS

In addition to the relevant provisions of other relevant Community legislation, the following requirements shall apply:

Drinkers

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

Feeding

2. Feed shall be either continuously available or be meal fed 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 excessive moisture.

Noise

5. 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.

Light

6. All buildings shall have lighting with an intensity of at least 20 lux during the lighting periods, measured at bird eye
level and illuminating at least 80 % of the useable area. A temporary reduction in the lighting level may be allowed
when necessary following veterinary advice.

7. Within seven days from the time when the chickens are placed in the building and until three days before the
foreseen time of slaughter, the lighting must follow a 24-hour rhythm and include periods of darkness lasting at least
six hours in total, with at least one uninterrupted period of darkness of at least four hours, excluding dimming
periods.

Inspection

8. All chickens kept on the holding must be inspected at least twice a day. Special attention should be paid to signs

indicating a reduced level of animal welfare and/or animal health.

9. Chickens that are seriously injured or show evident signs of health disorder, 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. A veterinarian shall be contacted whenever necessary.

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 final depopulation is carried out, before a new flock is introduced into the house.
After the final depopulation of a house, all litter must be removed, and clean litter must be provided.

Record keeping

11. The owner or keeper shall maintain a record for each house of a holding of:

(a) the number of chickens introduced;

(b) the useable area;

(c) the hybrid or breed of the chickens, if known;

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(d) by each control, the number of birds found dead with an indication of the causes, if known as well as the

number of birds culled with cause;

(e) the number of chickens remaining in the flock following the removal of chickens for sale or for slaughter.

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, beak trimming may be authorised by Member States when other measures to prevent feather pecking and
cannibalism are exhausted. In such cases,
it shall be carried out only after consultation and on the advice of a
veterinarian and shall be carried out by qualified staff on chickens that are less than 10 days old. In addition, Member
States may authorise the castration of chickens. The castration shall only be carried out under veterinary supervision
by personnel who have received a specific training.

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ANNEX II

REQUIREMENTS FOR THE USE OF HIGHER STOCKING DENSITIES

Notification and documentation

The following requirements shall apply:

1. The owner or keeper shall communicate to the competent authority his intention to use a stocking density of more

than 33 kg/m2 live weight.

He shall indicate the exact figure and inform the competent authority of any change in the stocking density at least
15 days prior to the placement of the flock in the house.

If requested by the competent authority, that notification shall be accompanied by a document summarising the
information contained in the documentation required under point 2.

2. The owner or keeper shall maintain and have available in the house compiled documentation describing in detail the
production systems. In particular it shall include information on technical details of the house and its equipment such
as:

(a) a plan of the house including the dimensions of the surfaces occupied by the chickens;

(b) ventilation and, if relevant, cooling and heating system, including their location, a ventilation plan, detailing target

air quality parameters, such as airflow, air speed and temperature;

(c)

feeding and watering systems and their location;

(d) alarm systems and backup systems in the event of a failure of any automated or mechanical equipment essential

for the health and well-being of the animals;

(e)

floor type and litter normally used.

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

In

The owner or keeper shall communicate to the competent authority any changes to the described house, equipment or
procedures which are likely to influence the welfare of the birds without undue delay.

Requirements for the holdings — control of environment parameters

3. The owner or keeper shall ensure that each house of a holding is equipped with ventilation and, if necessary, heating

and cooling systems designed, constructed and operated in such a way that:

(a)

the concentration of ammonia (NH3) does not exceed 20 ppm and the concentration of carbon dioxide (CO2) does
not exceed 3 000 ppm measured at the level of the chickens’ heads;

(b) 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)

the average relative humidity measured inside the house during 48 hours does not exceed 70 % when the outside
temperature is below 10 °C.

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ANNEX III

MONITORING AND FOLLOW-UP AT THE SLAUGHTERHOUSE

(as referred to in Article 3(1))

1. Mortality

1.1. In the case of stocking densities higher than 33 kg/m2, the documentation accompanying the flock shall include
the daily mortality rate and the cumulative daily mortality rate calculated by the owner or keeper and the hybrid
or breed of the chickens.

1.2. Under the supervision of the official veterinarian these data as well as the number of broilers dead on arrival shall
be recorded,
indicating the holding and the house of the holding. The plausibility of the data and of the
cumulative daily mortality rate shall be checked taking into account the number of broilers slaughtered and
the number of broilers dead on arrival at the slaughterhouse.

2. Post-mortem inspection

In the context of the controls performed under the Regulation (EC) No 854/2004, the official veterinarian shall
evaluate the results of the post-mortem inspection to identify other possible indications of poor welfare conditions
such as abnormal levels of contact dermatitis, parasitism and systemic illness in the holding or the unit of the house of
the holding of origin.

3. Communication of results

If the mortality rate as referred to in paragraph 1 or the results of the post-mortem inspection as referred to in
paragraph 2 are consistent with poor animal welfare conditions, the official veterinarian shall communicate the data to
the owner or keeper of the animals and to the competent authority. Appropriate actions shall be taken by the owner
or the keeper of the animals and by the competent authority.

ANNEX IV

TRAINING

The training courses referred to in Article 4(2) shall at least cover Community legislation concerning the protection of
chickens and in particular the following matters:

(a) Annexes I and II;

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

(c)

the practical aspects of the careful handling of chickens, and catching, loading and transport;

(d) emergency care for chickens, emergency killing and culling;

(e) preventive biosecurity measures.

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ANNEX V

CRITERIA FOR THE USE OF INCREASED STOCKING DENSITY

(as referred to in Article 3(5))

1. Criteria

(a) the monitoring of the holding carried out by the competent authority within the last two years did not reveal any

deficiencies with respect to the requirements of this Directive, and

(b) the monitoring by the owner or keeper of the holding is carried out using the guides to good management practice

referred to in Article 8, and

(c) in at least seven consecutive, subsequently checked flocks from a house the cumulative daily mortality rate was

below 1 % + 0,06 % multiplied by the slaughter age of the flock in days.

If no monitoring of the holding was carried out by the competent authority within the last two years, at least one
monitoring exercise has to be carried out to check whether requirement (a) is fulfilled.

2. Exceptional circumstances

By the way of derogation from 1(c), the competent authority may decide to increase the stocking density when the
owner or keeper has provided sufficient explanation for the exceptional nature of a higher daily cumulative mortality
rate or has shown that the causes lie beyond his sphere of control.