Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs (Codified version)
Date: 2008-12-18
Institutions: Council of the European Union
Subjects: European standard, animal welfare, codification of EU law, fattening, protection of animals, swine, veterinary inspection

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DIRECTIVES

COUNCIL DIRECTIVE 2008/120/EC

of 18 December 2008

laying down minimum standards for the protection of pigs

(Codified version)

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),

Whereas:

Council Directive 91/630/EEC of 19 November 1991
laying down minimum standards for the protection of
pigs (2) has been substantially amended several times (3).
In the interests of clarity and rationality the said Directive
should be codified.

Most Member
European
for
Convention for
farming purposes. The Community has also approved
this Convention by Council Decision 78/923/EEC (4).

States have
ratified
the protection of animals kept

the

Council Directive 98/58/EC of 20 July 1998 concerning
the protection of animals kept for farming purposes (5)
establishes Community provisions applying to all farmed
animals in relation to construction requirements for
insulation, heating and ventilation
animal housing,
conditions, equipment
inspection and inspection of
is therefore necessary to deal with these
It
livestock.
matters
detailed
in
requirements have to be established.

this Directive when more

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

(1)

(2)

(3)

(4)

(5)

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

(13)

(1) OJ C 146 E, 12.6.2008, p. 78.
(2) OJ L 340, 11.12.1991, p. 33.
(3) See Annex II, Part A.
(4) OJ L 323, 17.11.1978, p. 12.
(5) OJ L 221, 8.8.1998, p. 23.

(6)

(7)

(8)

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

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

Pigs should benefit from an environment corresponding
to their needs for exercise and investigatory behaviour.
The welfare of pigs appears to be compromised by severe
restrictions of space.

(9) When pigs are kept in groups, appropriate management
measures for their protection should be taken to improve
their welfare.

(10)

(11)

Sows prefer to have social interactions with other pigs
when provided with freedom of movement and environ­
mental complexity. Keeping sows in continuous close
confinement should therefore be prohibited.

Tail-docking, tooth-clipping and tooth-grinding are likely
to cause immediate pain and some prolonged pain to
pigs. Castration is likely to cause prolonged pain which
is worse if there is tearing of the tissues. Those practices
are therefore detrimental to the welfare of pigs, especially
when carried out by incompetent and inexperienced
persons. As consequence, rules should be laid down to
ensure better practices.

(12) A balance should be kept between the various aspects to
be
regarding welfare
including health, economic and social considerations,
and also environmental impact.

taken into consideration,

as

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,
actively pursue scientific research into the best pig-
rearing system(s) from the point of view of pig welfare.
Provision should accordingly be made for an interim
period to enable the Commission to complete this task
successfully.

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(14)

(15)

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 (1).

This Directive should be without prejudice to the obli­
gations 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:

Article 1

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

the

Article 3

1. Member States shall ensure that all holdings comply with
the following requirements:

(a)

the unobstructed floor area available to each weaner or
rearing pig kept in a group, excluding gilts after service
and sows, must be at least:

Live weight (kg)

Not more than 10

More than 10 but not more than 20

More than 20 but not more than 30

More than 30 but not more than 50

Article 2

More than 50 but not more than 85

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

More than 85 but not more than 110

More than 110

1.

‘pig’ means an animal of the porcine species, of any age,
kept for breeding or fattening;

2.

‘boar’ means a male pig after puberty,
breeding;

intended for

3.

‘gilt’ means a female pig after puberty and before farrowing;

4.

‘sow’ means a female pig after the first farrowing;

5.

‘farrowing sow’ means a female pig between the perinatal
period and the weaning of the piglets;

6.

‘dry pregnant sow’ means a sow between weaning her
piglets and the perinatal period;

7.

‘piglet’ means a pig from birth to weaning;

(b) the total unobstructed floor area available to each gilt after
service and to each sow when gilts and/or sows are kept in
groups must be at least 1,64 m2 and 2,25 m2 respectively.
When these animals are kept in groups of fewer than six
individuals the unobstructed floor area must be increased by
10 %. When these animals are kept in groups of 40 or more
individuals the unobstructed floor area may be decreased by
10 %.

2. Member States shall ensure that flooring surfaces comply
with the following requirements:

(a)

for gilts after service and pregnant sows: a part of the area
required in paragraph 1(b), equal to at least 0,95 m2 per gilt
and at least 1,3 m2 per sow, must be of continuous solid
floor of which a maximum of 15 % is reserved for drainage
openings;

(b) when concrete slatted floors are used for pigs kept

in

8.

‘weaner’ means a pig from weaning to the age of 10 weeks;

groups:

9.

‘rearing pig’ means a pig from 10 weeks to slaughter or
service;

(i) the maximum width of the openings must be:

10.

‘competent authority’ means a competent authority within
the meaning of Article 2(6) of Council Directive
90/425/EEC of 26 June 1990 concerning veterinary and
zootechnical checks applicable in intra-Community trade in
certain live animals and products with a view to the
completion of the internal market (2).

— 11 mm for piglets,

— 14 mm for weaners,

— 18 mm for rearing pigs,

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 224, 18.8.1990, p. 29.

— 20 mm for gilts after service and sows;

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(ii) the minimum slat width must be:

Article 4

— 50 mm for piglets and weaners, and

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

— 80 mm for rearing pigs, gilts after service and sows.

Article 5

3. Member States shall ensure that the construction of or
conversion to installations
in which sows and gilts are
tethered is prohibited. From 1 January 2006 the use of
tethers for sows and gilts shall be prohibited.

4. Member States shall ensure that sows and gilts are kept in
groups during a period starting from four weeks after the
service to one week before the expected time of farrowing.
The pen where the group is kept must have sides greater
than 2,8 m in length. When fewer than six individuals are
kept in a group the pen where the group is kept must have
sides greater than 2,4 m in length.

By way of derogation from the first subparagraph, sows and
gilts raised on holdings with fewer than 10 sows may be kept
individually during the period mentioned in that subparagraph,
provided that they can turn around easily in their boxes.

5. Member States shall ensure that, without prejudice to the
requirements laid down in Annex I, sows and gilts have
permanent access to manipulable material at least complying
with the relevant requirements of that Annex.

6. Member States shall ensure that sows and gilts kept in
groups are fed using a system which ensures that each indi­
vidual can obtain sufficient food even when competitors for the
food are present.

7. Member States shall ensure that all dry pregnant sows and
gilts,
in order to satisfy their hunger and given the need to
chew, are given a sufficient quantity of bulky or high-fibre
food as well as high-energy food.

that are particularly aggressive,

8. Member States shall ensure that pigs that have to be kept
that have been
in groups,
injured may
attacked by other pigs or
temporarily be kept in individual pens. In this case the indi­
vidual pen used shall allow the animal to turn around easily if
this is not in contradiction with specific veterinary advice.

that are sick or

9.
The provisions laid down in paragraphs 1(b), 2, 4, 5 and
the last sentence of paragraph 8 shall apply to all holdings
newly built or rebuilt or brought into use for the first time
after 1 January 2003. From 1 January 2013 those provisions
shall apply to all holdings.

The provisions laid down in the first subparagraph of paragraph
4 shall not apply to holdings with fewer than 10 sows.

The provisions of Annex I may be amended in accordance with
in order to take
the procedure referred to in Article 11(2),
account of scientific progress.

Article 6

Member States shall ensure that:

(a) any person who employs or engages persons to attend to
pigs ensures that the person attending to the animals has
received
relevant
provisions of Article 3 and Annex I;

guidance on the

instructions

and

(b) appropriate training courses are available. In particular such

training courses must focus on welfare aspects.

Article 7

Preferably before 1 January 2005 and in any event by
1.
1 July 2005, the Commission shall submit to the Council a
report, drawn up on the basis of an opinion from the
European Food Safety Authority. The report shall be drawn
up taking into account the socioeconomic consequences, the
sanitary consequences, the environmental effects and different
climatic conditions. It shall also take into account the develop­
ment of techniques and systems of pig production and meat
processing which would be likely to reduce the need to resort
to surgical castration. If need be, the report shall be accom­
panied by appropriate legislative proposals on the effects of
different space allowances and floor types applicable to the
welfare of weaners and rearing pigs.

Not

2.
later than 1 January 2008 the Commission shall
submit to the Council a report, drawn up on the basis of an
opinion from the European Food Safety Authority.

The report shall cover in particular:

(a)

the effects of stocking density,
methods of grouping the animals,
in different
systems on the welfare, including health, of pigs;

including group size and
farming

(b) the impact of stall design and different flooring types on the
taking into account

including health, of pigs,

welfare,
different climatic conditions;

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(c)

the risk factors associated with tail-biting and recommen­
dations to reduce the need for tail-docking;

(d) further

of

sows,

developments

group-housing

for
pregnant
taking account both of pathological,
zootechnical, physiological and ethological aspects of the
various systems and of
their health and environmental
impact and of the different climatic conditions;

systems

(e)

the determination of space requirements,
service area for individually housed adult breeding boars;

including the

(f)

further developments of loose-house systems for sows in
the service area and for farrowing sows which meet the
needs of the sow without compromising piglet survival;

(g) consumers’ attitudes and behaviour towards pigmeat in the
event of different levels of improvement in the welfare of
the animals;

(h) socioeconomic implications of

rearing pigs
economic partners.

and their

the various

systems of
effects on the Community’s

The report may, if necessary, be accompanied by appropriate
legislative proposals.

Article 8

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 being complied
with.

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

2.
The Commission shall, in accordance with the procedure
referred to in Article 11(2), draw up a code of rules to be
in
applied in carrying out
paragraph 1 of this Article.

the inspections provided for

Article 9

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 10

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.

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 check.

With regard to relations with third countries, the provisions of
Chapter III of Council Directive 91/496/EEC of 15 July 1991
laying down the principles governing the organization of
veterinary checks on animals entering the Community from
third countries (1) shall apply.

General rules for the application of this Article shall be adopted
in accordance with the procedure referred to in Article 11(2).

Article 11

The Commission shall be assisted by the Standing
1.
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 Council of 28 January
2002 laying down the general principles and requirements of
food law, establishing the European Food Safety Authority and
laying down procedures in matters of food safety (2), 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.

Every two years, by the last working day in April and for
3.
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 proportion to the
number of holdings in their territory.

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

(1) OJ L 268, 24.9.1991, p. 56.
(2) OJ L 31, 1.2.2002, p. 1.

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Article 12

Article 14

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

territories

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

Article 15

Article 13

This Directive is addressed to the Member States.

Directive 91/630/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.

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.

Done at Brussels, 18 December 2008.

For the Council
The President

M. BARNIER

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ANNEX I

CHAPTER I

GENERAL CONDITIONS

In addition to the relevant provisions of the Annex to Directive 98/58/EC, the following requirements apply:

1. In the part of the building where pigs are kept continuous noise levels as loud as 85 dBA shall be avoided. Constant or

sudden noise shall be avoided.

2. Pigs must be kept in light with an intensity of at least 40 lux for a minimum period of eight hours per day.

3. The accommodation for pigs must be constructed in such a way as to allow the animals to:

— have access to a lying area physically and thermally comfortable as well as adequately drained and clean which

allows all the animals to lie at the same time,

— rest and get up normally,

— see other pigs; however, in the week before the expected farrowing time and during farrowing, sows and gilts can

be kept out of the sight of conspecifics.

4. Notwithstanding Article 3(5), pigs must have permanent access to a sufficient quantity of material to enable proper
investigation and manipulation activities, such as straw, hay, wood, sawdust, mushroom compost, peat or a mixture of
such, which does not compromise the health of the animals.

5. Floors must be smooth but not slippery so as to prevent injury to the pigs and so designed, constructed and
maintained as not to cause injury or suffering to pigs. They must be suitable for the size and weight of the pigs
and, if no litter is provided, form a rigid, even and stable surface.

6. All pigs must be fed at least once a day. Where pigs are fed in groups and not ad libitum or by an automatic system
feeding the animals individually, each pig must have access to the food at the same time as the others in the group.

7. All pigs over two weeks of age must have permanent access to a sufficient quantity of fresh water.

8. All procedures intended as an intervention carried out for other than therapeutic or diagnostic purposes or for the
identification of the pigs in accordance with relevant legislation and resulting in damage to or the loss of a sensitive
part of the body or the alteration of bone structure shall be prohibited with the following exceptions:

— a uniform reduction of corner teeth of piglets by grinding or clipping not later than the seventh day of life of the
piglets leaving an intact smooth surface; boars’ tusks may be reduced in length where necessary to prevent injuries
to other animals or for safety reasons,

— docking of a part of the tail,

— castration of male pigs by other means than tearing of tissues,

— nose-ringing only when the animals are kept in outdoor husbandry systems and in compliance with national

legislation.

Neither tail-docking nor reduction of corner teeth must be carried out routinely but only where there is evidence that
injuries to sows’ teats or to other pigs’ ears or tails have occurred. Before carrying out these procedures, other measures
shall be taken to prevent tail-biting and other vices, taking into account environment and stocking densities. For this
reason inadequate environmental conditions or management systems must be changed.

Any of the procedures described above shall only be carried out by a veterinarian or a person trained as provided in
Article 6 and experienced in performing the applied techniques with appropriate means and under hygienic conditions. If
castration or docking of tails is practised after the seventh day of life, it shall only be performed under anaesthetic and
additional prolonged analgesia by a veterinarian.

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SPECIFIC PROVISIONS FOR VARIOUS CATEGORIES OF PIGS

CHAPTER II

A. Boars

Boar pens must be sited and constructed so as to allow the boar to turn round and to hear, smell and see other pigs.
The unobstructed floor area available to an adult boar must be at least 6 m2.

Where pens are also used for natural service the floor area available to an adult boar must be at least of 10 m2 and the
pen must be free of any obstacles.

B. Sows and gilts

1. Measures shall be taken to minimise aggression in groups.

2. Pregnant sows and gilts must, if necessary, be treated against external and internal parasites. If they are placed in

farrowing crates, pregnant sows and gilts must be thoroughly cleaned.

3.

In the week before the expected farrowing time sows and gilts must be given suitable nesting material in sufficient
quantity unless it is not technically feasible for the slurry system used in the establishment.

4. An unobstructed area behind the sow or gilt must be available for the ease of natural or assisted farrowing.

5. Farrowing pens where sows are kept loose must have some means of protecting the piglets, such as farrowing rails.

C. Piglets

1. A part of the total floor, sufficient to allow the animals to rest together at the same time, must be solid or covered

with a mat, or be littered with straw or any other suitable material.

2. Where a farrowing crate is used, the piglets must have sufficient space to be able to be suckled without difficulty.

3. No piglets shall be weaned from the sow at less than 28 days of age unless the welfare or health of the dam or the

piglet would otherwise be adversely affected.

However, piglets may be weaned up to seven days earlier if they are moved into specialised housings which are
emptied and thoroughly cleaned and disinfected before the introduction of a new group and which are separated
from housings where sows are kept, in order to minimise the transmission of diseases to the piglets.

D. Weaners and rearing pigs

1. When pigs are kept in groups, measures must be taken to prevent fighting which goes beyond normal behaviour.

2. They should be kept in groups with as little mixing as possible. If pigs unfamiliar with one another have to be
mixed, this should be done at as young an age as possible, preferably before or up to one week after weaning.
When pigs are mixed they shall be provided with adequate opportunities to escape and hide from other pigs.

3. When signs of severe fighting appear the causes shall be immediately investigated and appropriate measures taken,
such as providing plentiful straw to the animals, if possible, or other materials for investigation. Animals at risk or
particularly aggressive animals shall be kept separate from the group.

4. The use of tranquillising medicaments in order to facilitate mixing shall be limited to exceptional conditions and

only after consultation with a veterinarian.

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ANNEX II

PART A

Repealed Directive with its successive amendments

(referred to in Article 13)

Council Directive 91/630/EEC
(OJ L 340, 11.12.1991, p. 33)

Council Directive 2001/88/EC
(OJ L 316, 1.12.2001, p. 1)

Commission Directive 2001/93/EC
(OJ L 316, 1.12.2001, p. 36)

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

only Annex III, point 26

PART B

List of time limits for transposition into national law

(referred to in Article 13)

Directives

91/630/EEC

2001/88/EC

2001/93/EC

Time limit for transposition

1 January 1994

1 January 2003

1 January 2003

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ANNEX III

CORRELATION TABLE

Directive 91/630/EEC

This Directive

Articles 1 and 2

Article 3, introductory wording

Article 3, point 1

Article 3, point 2

Article 3, point 3

Article 3, point 4(a)

Article 3, point 4(b)

Article 3, point 5

Article 3, point 6

Article 3, point 7

Article 3, point 8

Article 3, point 9

Article 4(1), first subparagraph

Article 4(1), second subparagraph

Article 4(2)

Article 5

Articles 1 and 2

—

Article 3(1)

Article 3(2)

Article 3(3)

Article 3(4), first subparagraph

Article 3(4), second subparagraph

Article 3(5)

Article 3(6)

Article 3(7)

Article 3(8)

Article 3(9)

Article 4

—

—

Article 5

Article 5a, introductory wording

Article 6, introductory wording

Article 5a, point 1

Article 5a, point 2

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11(1)

Article 11(2)

—

—

Article 12

Annex

—

—

Article 6(a)

Article 6(b)

Article 7

Article 8

Article 9

Article 10

Article 11

—

Article 12

Article 13

Article 14

Article 15

Annex I

Annex II

Annex III