Council Directive 2008/119/EC of 18 December 2008 laying down minimum standards for the protection of calves (Codified version)
Date: 2008-12-18
Institutions: Council of the European Union
Subjects: agricultural holding, animal welfare, calf, intensive livestock farming, veterinary legislation

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Official Journal of the European Union

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DIRECTIVES

COUNCIL DIRECTIVE 2008/119/EC

of 18 December 2008

laying down minimum standards for the protection of calves

(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),

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

Whereas:

Council Directive 91/629/EEC of 19 November 1991
laying down minimum standards for the protection of
calves (3) has been substantially amended several times (4).
In the interests of clarity and rationality the said Directive
should be codified.

European
Most Member
for
Convention for
farming purposes. The Community has also approved
this Convention, by Council Decision 78/923/EEC (5).

States have
ratified
the protection of animals kept

the

(5)

(6)

(7)

(8)

(9)

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.

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
for
penned, should have sufficient space for exercise,
contact with other cattle and for normal movements
when standing up or lying down.

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.

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 (6).

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

(10)

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,

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

HAS ADOPTED THIS DIRECTIVE:

(1) Opinion of 11 December 2007 (not yet published in the Official

Journal).

(2) OJ C 324, 30.12.2006, p. 26.
(3) OJ L 340, 11.12.1991, p. 28.
(4) See Annex II, Part A.
(5) OJ L 323, 17.11.1978, p. 12.

Article 1

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

the

(6) OJ L 184, 17.7.1999, p. 23.

(1)

(2)

(3)

(4)

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Article 2

Article 4

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

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

1.

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

2.

‘competent authority’ means the competent authority as
defined in 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 (1).

Article 3

1.
From 1 January 1998, the following provisions shall apply
on all newly built or rebuilt holdings and on all those brought
into use after that date:

(a) 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.

Article 5

The general 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 6

By 1 January 2006, 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, physio­
logical and behavioural point of view, as well as the socioe­
conomic
together with
systems,
implications of different
proposals relevant to the report’s conclusions.

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.

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;

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 farming systems
used in each Member State.

(b) 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
each calf of a live weight of
equal
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.

to 1,7 m2

for

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

(a) holdings with fewer than six calves;

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
in
paragraph 1 of this Article.

the inspections provided for

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.

(b) calves kept with their mothers for suckling.

Article 8

From 31 December 2006, the provisions provided for in

2.
paragraph 1 shall apply to all holdings.

(1) OJ L 224, 18.8.1990, p. 29.

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.

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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.

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/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 10(2) of
this Directive.

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 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).

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.

Article 11

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

territories

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.

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.

Article 13

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

Article 14

This Directive is addressed to the Member States.

Done at Brussels, 18 December 2008.

For the Council
The President

M. BARNIER

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

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ANNEX I

1. 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.

2. 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.

3. 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.

4. All automated or mechanical equipment essential for the calves’ health and well-being must be inspected at least
once daily. Where defects are discovered, they 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.

5. 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.

6. All housed calves must be inspected by the owner or the person responsible for the animals at least twice daily and
calves kept outside must be inspected at least once daily. Any calf which appears to be ill or injured must be treated
appropriately without delay and veterinary advice must 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 must be isolated in adequate accom­
modation with dry, comfortable bedding.

7. The accommodation for calves must be constructed in such a way as to allow each calf to lie down, rest, stand up

and groom itself without difficulty.

8. Calves must 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 must not cause
injury to the calves and must be inspected regularly and adjusted as necessary to ensure a comfortable fit. Each
tether must be designed to avoid the risk of strangulation or injury and to allow the calf to move in accordance
with point 7.

9. 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.

10. 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.

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11. All calves must 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 must 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 must 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.

12. All calves must be fed at least twice 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.

13. All calves over two weeks of age must have access to a sufficient quantity of fresh water or be able to satisfy their
fluid intake needs by drinking other liquids. However, in hot weather conditions or for calves which are ill, fresh
drinking water must be available at all times.

14. Feeding and watering equipment must be designed, constructed, placed and maintained so that contamination of the

calves’ feed and water is minimised.

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

of life.

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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 3(3), second subparagraph, introductory words

Article 3(1), second subparagraph, introductory words

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(4)

Article 4(1)

Articles 5 to 10

Article 11(1)

Article 11(2)

—

—

Article 12

Annex

—

—

Article 3(2)

—

Article 4

Articles 5 to 10

—

Article 11

Article 12

Article 13

Article 14

Annex I

Annex II

Annex III