CELEX: 51989PC0114
Language: en
Date: 1989-06-19
Title: Proposal for a COUNCIL REGULATION (EEC) concerning minimum standards for the protection of calves kept in intensive farming systems (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (89) 114
Vol. 1989/0034
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- 1
      COMMISSION OF THE EUROPEAN COMMUNITIES
                                                              COM(89 ) 114 final
                                                              Brussels , 19 June 1989
 !i
  |                                Proposai for a
  I
                             COUNCIL
                                 - - -
                                       REGULATION     -         -
                                                                    ( EEC )
    |      concerning minimum standards for the protection of calves
    !                  kept in intensive farming systems
    I
                          ( presented by the Commission )
                                            >3       U
                              4f >                             ^
                             ^                                          i-î
                              V'     o-                                /';'7
                                                           · .*
                               V; ,     bv' t>'-"
                                     , ■ '*> ‘r " '“'i 'V • ^     v*”"
 ---pagebreak---                                EXPLANATORY MEMORANDUM
The development of certain methods of intensive livestock farming in recent
years has given rise to concern for the welfare of the animals involved . One
of the main areas of concern is the intensive farming of calves .
In its Resolution of 20 February 1987 on Animal Welfare Policy , the European
Parliament called on the Commission to bring forward proposals on the
protection of calves kept in intensive farming systems . In the Agriculture
Council of 26 September 1988 this request was repeated by the Dutch and German
Ministers of Agriculture .
The British Government has already introduced legislation on the intensive
farming of calves , and other Member States have general rules on the subject .
Calf production makes an important contribution to the revenue of the
agricultural sector , and in order to avoid distortion of competition it is
necessary to have common rules on this matter .
The attached proposal sets out minimum standards for the protection of calves
kept in intensive farming systems , based on what is currently good farming
practice and on the Recommendation on Cattle made by the Council of Europe
Standing Committee on the European Convention for the Protection of Animals
kept for Farming Purposes .
It requires sample inspections of intensive calf farms by the competent
authority in each Member State , and by the Commission , and sets up a system ,
as called for by the Parliament , whereby the Commission will co-ordinate the
dissemination of information on the welfare of calves to producers , consumers
and other interested parties .
It further provides for continuing research into the welfare of intensively
farmed calves and for a report on the subject to be made to the Council and
the Parliament , along with any necessary proposals , before 1 January 1993 .
 ---pagebreak---                                               2
                                       Proposal for a
                                    COUNCIL REGULATION ( EEC )
                          concerning minimum standards for the
                protection of calves kept in intensive farming systems
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 43 thereof ,
Having regard to the proposal from the Commission ,
                                                               1
Having regard to the opinion of the European Parliament ( ),
Having regard to the opinion of the Economic and Social Committee ^ ) ,
Whereas all Member States have ratified the European Convention on the
Protection of Animals kept for Farming Purposes ;      whereas the Community has
also approved this Convention by Decision 78/923 /EEC (^ ) and has deposited its
instrument of approval ;
Whereas the European Parliament , in its Resolution of 20 February 1987 on
                          4
animal welfare policyC ), called on the Commission to make proposals on
minimum standards for intensive farming of veal calves ;
Whereas calves , being live animals , are included in the list of products set
out in Annex II of the Treaty ;
Whereas the keeping of calves in intensive farming systems is an integral part
of agriculture ; whereas it constitutes a source of revenue for part of the
agricultural population ;
Whereas differences which may distort conditions of competition interfere with
 the smooth running of the organisation of the common market in calves and calf
 products ;
 (1)
 (2)
 ( 3 ) OJ   No L 323 , 17.11.1978 , p.   12 .
 (4) O J    No  C 76 , 23.03.1987 , p. 185 .
 ---pagebreak---                                            3
Whereas there is therefore a need to establish common minimum standards for
 the protection of calves in intensive farming systems in order to ensure
rational development of production and to facilitate the completion of the
 internal market in calves and calf products ;
Whereas it is necessary for official services , producers , consumers and others
to be kept informed of developments in this field ;    whereas the Commission
should continue to support information and research projects on the subject ;
HAS ADOPTED THIS REGULATION :
                                      Article 1
The keeping of calves in intensive farming systems shall be subject to the
provisions of this Regulation .
                                      Article 2
For the purpose of this Regulation the following definitions shall apply :
1 . Calf : a bovine animal up to the age of 6 months ;
2 . Intensive farming system : a system in which calves are housed and are
    fattened mainly by the feeding of milk or milk replacer without the use of
    their dams or nurse-cows .
                                      Article 3
1 . From 1 January 1992 , all newly built intensive farming systems , and all
    intensive farming systems brought into use for the first time , shall comply
    at least with the following requirements :
 ---pagebreak---                                             4
    ( a ) Calves shall not be confined in individual boxes or by tethering in
          stalls after the age of 8 weeks .   Individual boxes and stalls for
          calves up to the age of 8 weeks shall be at least 80 cms wide and
          180 cms long .
    ( b ) For group housed calves , pens shall provide a minimum of 2,0 m2
          unobstructed floor space per calf . Calves over 8 weeks of age may only
          be tethered or yoked for a maximum period of 1 hour during and after
          feeding .
2 . From 1 January 1999 the minimum requirements laid down in paragraph 1 shall
    apply to all intensive farming systems .
                                        Article 4
The provisions of the Annex may be amended in accordance with the procedure
laid down in Article 10 in order to take account of scientific developments .
                                        Article 5
The Commission shall establish a system , including an appropriate database , to
ensure that it has access to all current scientific , technological and other
relevant information concerning the keeping of calves in intensive farming
systems , and shall disseminate such information to the competent authorities
of the Member States and to other interested parties .
                                        Article 6
Before 1 January 1994 the Commission shall make a report to the Council and to
the Parliament on the welfare of calves kept in intensive farming systems and
on the provisions of this Regulation .    This report shall be accompanied by any
appropriate proposals .
 ---pagebreak---                                            5
                                      Article 7
1 . The competent authority of each Member State shall make inspections of
    intensive farming systems to ensure compliance with this Regulation .
2 . These inspections shall cover a random sample of 10% of intensive farming
    systems in each Member State each year .
3 . The competent authority of each Member State shall make an annual report to
    the Commission , before the last working day of April each year , starting in
    April 1993 , giving details of :
    - the number of intensive farming systems in their territory ;
    - the number of inspections made pursuant to paragraph 1 ;
    - any contraventions found ;
    - any legal action taken in conséquence .
                                      Article 8
Conanission veterinary experts may , to the extent necessary for uniform
application of this Regulation , carry out on - the- spot inspections . The
Commission shall inform the Member States of the outcome of such inspections .
The Member State on whose territory the inspections are carried out shall
provide the experts with all the assistance required for the accomplishment of
their task .
General rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 10 .
 ---pagebreak---                                                6
                                           Article 9
 The Commission shall be assisted by the Standing Veterinary Committee set up
 by Council Decision 68 / 361 / EEC ( 1 ), hereinafter referred to as " the Committee ".
                                          Article 10
 Where the procedure laid down in this Article is to be used , the following
 rules shall apply :
 The representative of the Commission shall submit to the Committee a draft of
 the measures to be taken .      The Committee shall deliver its opinion on the
 draft within a time Limit which the Chairman may Lay down according to the
urgency of the matter , if necessary by taking a vote .
 The opinion shall be recorded in the minutes ; in’ addition , each Member State
shaLL have the right to ask to have its position recorded in the minutes .
 The Commission shall take the utmost account of the opinion delivered by tne
Committee . It chaLL inform the Committee of the manner in which its opinion
has been taken into account .
                                          Article 11
Member States may in respect of intensive farming systems situated on their
territory , maintain or take stricter measures for the protection of calves
than are laid down in this Regulation . They shall inform the Commission of any
 such measures .
                                          Article 12
This Regulation shall enter into force on 1 January 1992 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,
                                                 For the Council
                                                 The President
 ( I ) O.J. ÎJo L 255 , 19.10.1968 , p. 23 .
 ---pagebreak---                                         ANNEX
1 . The design , construction and maintenance of the calf house , pens and
    equipment shall be such as to provide a safe environment conducive to the
    health and well-being of the calves and to minimise the risk of fire .
2 . Materials used for the construction of-housing , particularly pens ,
    equipment , floors and partitions shall not be harmful to the calves and
    shall be capable of being thoroughly cleaned and disinfected .
3 . Electrical circuits and equipment shall be installed and maintained so as
    to avoid the calves being exposed to stray voltages .
4 . Constant or sudden loud noise shall be avoided . Insulation , heating , or
    both , shall be provided where necessary to prevent condensation and
    fluctuations in environmental temperature .
    Ventilation shall ensure that air velocity , dust levels , temperature ,
    relative humidity and gas concentration are kept within limits that are not
    harmful to the calves .
5 . All automated or mechanical equipment essential for the calves' health and
    well-being shall be inspected at least once daily .   Where defects are
    discovered , these shall be rectified immediately or if this is
    impracticable , appropriate steps shall be taken to safeguard the health and
    welfare of the calves until the defect has been rectified , by for example ,
    having available alternative methods of feeding and maintaining a
    satisfactory environment . Where an artificial ventilation system is used ,
    a supply of fresh air shall be guaranteed in case of failure of the system
    and an alarm system shall be provided to warn the stock-keeper of the
    failure .
    The alarm system shall be tested at least once per week .
 ---pagebreak---                                             8
6.   Calves shall not be kept permanently in darkness . Artificial lighting
      shall be available and of sufficient intensity to inspect the calces ar
     any time .
7.   The calves shall be cared for by a sufficient number of personnel with
     adequate theoretical and practical knowledge , especially of the management
     and the production system used , to be able to recognise whether the calves
     appear to be in good health or not , including behavioural changes and
     whether the total environment is adequate to keep them healthy .
8.   When calves appear not to be in a state of good health or well-being ,
     steps shall be taken without delay to establish the cause and appropriate
     remedial measures shall be implemented as soon as possible . If the cause
     is traced to an environmental factor concerning the design or construction
     of the building , equipment or pens , this shall be corrected before the
     next calf or batch of calves , as appropriate , is put in .
9.   All calves shall be inspected at least twice daily .    Any calf which
     appears to be ill or injured shall be treated appropriately without
     delay .   Pens with dry , comfortable bedding shall be made available for
     sick and injured calves , with sufficient space for them to be able to turn
     around , lie down and stand up easily .
     Veterinary advice shall be obtained as soon as possible for calves which
     are not responding to the stock-keeper 's remedial treatment .
10 . The accommodation for calves shall be constructed in such a way as to
     allow each calf :
     - to lie down , rest , stand up and groom itself without difficulty ;
     - to see other calves .
11 . Where tethers are used , these shall not cause injury to the calves and
     shall be inspected daily and adjusted as necessary to ensure a comfortable
     fit .   Each tether shall be of sufficient length to allow the calves to
     move in accordance with paragraph 10 .    The design shall be such as to
     avoid the possibility of strangulation .
 ---pagebreak---                                           - 9 -
 12 . Housing , pens , equipment and utensils for calves shall be cleaned and dis¬
       infected regularly to prevent cross-infection and the build-up of disease
       organisms . Faeces , urine and uneaten or spilt food shall be removed as
       often as necessary to minimise smell and the attraction of flies or
       rodents .
13 . Floors shall be smooth enough to prevent injury to the calves but not
      cause them to slip . Where slatted , perforated or gridded floors are used ,
      they shall not cause injury or strain to calves standing or lying on
      them . They shall be suitable for the size and weight of the calves and
      form a rigid , even and stable surface .  The lying area shall be well
      drained and kept dry .   Where bedding is provided , this shall be clean , dry
      and not harmful to the calves .   Bedding shall be provided for all calves
      less than 2 weeks old .
14 . All calves shall be provided with a palatable , digestible and nutritious
      diet appropriate to their age and weight and according to their
      behavioural and physiological need , to promote a positive state of health
      and well-being . The food shall include sufficient iron to provide a
      positive state of health and well-being and growth rate .    Calves shall not
      be muzzled .
15 . All calves shall be fed at least twice daily .    Where calves are housed in
      groups and not fed ad libitum , or by an automatic feeding system , each
      calf shall have access to the food at the same time as the others in the
      group .
16 . Each calf after the age of two weeks shall have access to adequate fresh
      potable water at all times and shall have daily access to at least lOOg
      dry food containing digestible fibre .
17 . Feeding and watering equipment shall be designed , constructed , placed and
      maintained so that contamination of the calves’ feed or water is minimised .
18 . Dry food ingredients shall be stored in such a way as to keep them dry ,
      clean and free from infestation .
 ---pagebreak---   ! . F INANCIA.L STATEMENT          ccncern îng :
                                                                                                       I
      Droft Council Ragulotion concerning minimum standards far the protection of calves kept in       !
       Intensive farming systems                                                                       I
     1.   Budget heading :           Item :                                Tltlo :
             III B                   382                                   Inspection In Agriculture
 I 2.     Legal basis :
I
!           Article 43 of the Treaty
I 3.      Classi fication :                  E&*fiìÌ&lttfi2&4&ttì21à&&''Non-ccrnpul 30ry expendi ture
I
I
I 4.      Purpose/description of the measure :
I
I           Verification of the implementation of the Regulation
I
I
I
I_
I 5.      Method of calculation
I
I 5.1 Form of expenditure :          Mission expenses
I
I 5.2 Community contribution :       100%
I
I 5.3 Calculation :         50 days of mission per year (0.1% of farms ) at 170 ECU per day
I                           ( current cost of slaughterhouse inspections )
I
I                           – 8,500 ECU per year
I
I
I
I_
    6 . Financial implication as regards operating appropriations
    6.1 Schedule of commitment appropriations and payment appropriations (m ECU)
                                     Year                         C.A.                      P.A.
                                     1990                          8.5                       8,5
                                     1991                          9.0                       9.0
                                     1992                          9.6                       9.6
                                     1993                         10.1                      10.1
                                     1994                         10.7                      10.7
                                     fol lowing years             p .m.                     p .m .
                                     Total                        47,9                      47,9
    6.2 Financing during current year :       None                                                    !
I 7.      Observations :
I
I         The application of this measure will require the following additional Commission stG*f :
I                           1 post at A7
I
i
I