CELEX: 31991L0629
Language: en
Date: 1991-11-19 00:00:00
Title: Council Directive 91/629/EEC of 19 November 1991 laying down minimum standards for the protection of calves

No L 340 / 28                                  Official Journal of the European Communities                                                 11 . 12 . 91
                                                          COUNCIL DIRECTIVE
                                                            of 19 November 1991
                                        laying down minimum standards for the protection of calves
                                                                ( 91 / 629 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                     pursue actively scientific research into the most efficient
                                                                              stock-farming system(s) from the point of view of the
Having regard to the Treaty establishing the European                         well-being of calves; whereas provision should accordingly
Economic Community, and in particular Article 43                              be made for an interim period to enable the Commission to
thereof,                                                                      complete this task successfully ,
Having regard to the proposal from the Commission ('),
                                                                              HAS ADOPTED THIS DIRECTIVE :
Having regard to              the opinion       of the    European
Parliament ( 2 ),
                                                                                                               Article 1
Having regard to the opinion of the Economic and Social
Committee ( 3 ),
                                                                              This Directive lays down the minimum standards for the
                                                                              protection of calves confined for rearing and fattening .
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 ( 4 ) and has deposited                                                  Article 2
its instrument of approval ;
                                                                              For the purposes of this Directive:
Whereas the European Parliament, in its Resolution of 20
February 1987 on animal welfare policy (5 ), called on the                    1 . 'calf shall mean a bovine animal up to six months
Commission to make proposals on minimum standards for                                old ;
the intensive farming of veal calves;
                                                                              2 . 'competent authority' shall mean the competent
Whereas calves, being live animals , are included in the list of                     authority as defined in Article 2 ( 6 ) of Directive
                                                                                     90 / 425 / EEC ( 6 ).
products set out in Annex II to the Treaty;
Whereas the keeping of calves is an integral part of
agriculture; whereas it constitutes a source of revenue for                                                    Article 3
part of the agricultural population;
                                                                              1.        Member States shall ensure that from 1 January 1994
Whereas differences which may distort conditions of                           and for a transitional period of four years , all holdings newly
competition interfere with the smooth running of the                          built or rebuint and / or brought into use for the first time
 organization of the common market in calves and calf                         after that date shall comply with at least the folloging
products;                                                                     requirements:
Whereas there is therefore a need to establish common                         — where calves are housed in groups , they must have
 minimum standards for the protection of rearing calves or                           sufficient unobstructed floor space to be able to turn
 calves for fattening in order to ensure rational development                        round and lie down without hindrance of at least 1,5 m2
 of production ;                                                                     for each calf of 150 kg live weight,
                                                                              — where calves are housed in individual boxes or by
 Whereas it is necessary for official services , producers ,                         tethering in stalls , the boxes or stalls shall have perforated
 consumers and others to be kept informed of developments in                         walls and their width must be no less than 90 cm plus or
 this field; whereas the Commission should therefore, on the                         minus 10% , or 0,80 times the height at the withers .
 basis of a report from the Scientific Veterinary Committee ,
 (»)  OJ No  C 214 , 21 . 8 . 1989 , p. 28 .                                  2.        The provisions of paragraph 1 shall not apply to
 (2 ) OJ No  C 113 , 7 . 5 . 1990 , p. 180 .                                  holdings with fewer than six calves .
 (3)  OJ No  C 62 , 12 . 3 . 1990 , p. 37 .
 («)  OJ No  L 323 , 17 . 11 . 1978 , p. 12.                                   ( 6 ) OJ No L 224 , 18 . 8 . 1990 , p. 29 . Directive as last amended by
 (*)  OJ No  C 76 , 23 . 3 . 1987 , p. 185 .                                         Directive 91 / 496 / EEC ( OJ No L 268 , 24 . 9 . 1991 , p. 56 ).
 ---pagebreak--- 11 . 12 . 91                                   Official Journal of the European Communities                                 No L 340 / 29
3.      Special conditions may be applied to:                             physiological and behavioural point of view, as well as the
                                                                          socio-economic implications of different systems , together
— calves, the health or behaviour of which requires them to               with proposals relevant to the report's conclusions .
     be isolated from the group in order to receive appropriate
     treatment ,                                                          The Council shall act by a qualified majority on these
                                                                          proposals no later than three months after their
                                                                          submission .
— pure-bred breeding animals of the bovine species referred
     to in Directive 77 /504/ EEC 0 ),
— calves kept with their mothers for suckling,                                                         Article 7
— calves kept in loose housing.                                           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 and its
4.      The duration of use of installations built
                                                                          Annex are complied with .
— before 1 January 1994 which do not meet the                             These inspections, which may be carried out on the occasion
     requirements of paragraph 1 shall be determined by the               of checks made for other purposes , shall each year cover a
     competent authority in the light of the results of the               statistically representative sample of the different farming
     inspections provided for in Article 7(1 ), and shall under           systems used in each Member State.
     no circumstances extend beyond 31 December 2003 ;
                                                                          2.      The Commission shall , in accordance with the
— during the transitional period , in accordance with                     procedure laid down in Article 10 , draw up a code of rules to
     paragraph 1 , shall under no circumstances extend                    be applied in carrying out the inspections provided for in
      beyond 31 December 2007 , unless on that date they                  paragraph 1 .
     comply with the requirements of this Directive .
                                                                          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
                               Article 4                                  carried out during the previous two years in accordance with
                                                                          this Article , including the number of inspections carried out
1.      Member States shall ensure that the conditions for                 in relation to the number of holdings in their territory .
rearing calves comply with the general provisions laid down
in the Annex .
                                                                                                       Article 8
2.      Moreover , before this Directive enters into force , the
Commission , in cooperation with the Member States, shall                  In order to be imported into the Community, animals coming
issue a recommendation defining any minimum standards for                  from a non-member country must be accompanied by a
the protection of calves supplementing those in the                        certificate issued by the competent authority of that country,
Annex .                                                                    certifying that they have received treatment at least
                                                                           equivalent to that granted to animals of Community origin as
                                                                           provided for by this Directive .
                               Article 5
                                                                                                       Article 9
The provisions in the Annex may be amended in accordance                   Veterinary experts from the Commission may , where
with the procedure laid down in Article 10 in order to take                necessary for the uniform application of this Directive , carry
account of scientific progress .                                           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.
                                Article 6
                                                                           The Member State in the territory of which a check is being
Not later than 1 October 1997 , the Commission shall submit                carried out shall give all necessary assistance to the experts in
to the Council a report, drawn up on the basis of an opinion               carrying out their duties. The Commission shall inform the
from the Scientific Veterinary Committee, on the intensive                 competent authority of the Member State concerned of the
                                                                           results of the checks .
 farming system(s) which comply with the requirements of the
well-being of calves from the pathological , zootechnical ,
                                                                           The competent authority of the Member State concerned
 (*) OJ No L 206 , 12 . 8 . 1977 , p. 8 . Directive as last amended by     shall take any measures which may prove necessary to take
      Directive 91 / 174 / EEC ( OJ No L 85 , 5 . 4 . 1991 , p. 37).       account of the results of the checks .
 ---pagebreak---  No L 340 / 30                                   Official Journal of the European Communities                                   11 . 12 . 91
  With regard to relations with non-member countries , the                  adopted by the Commission except where the Council has
 provisions of Chapter III of Directive 91 / 496 / EEC 0 ) shall            decided against the measures by a simple majority.
  apply.
  General rules for the application of this Article shall be
                                                                                                      Article 11
  adopted in accordance with the procedure laid down in
  Article 10 .
                                                                            1.     Member States shall bring into force the laws ,
                                                                            regulations and administrative provisions , including any
                                 Article 10                                 sanctions, necessary to comply with this Directive not later
                                                                            than 1 January 1994 . They shall forthwith inform the
  1.       Where the procedure laid down in this Article is to be           Commission thereof.
  followed , the chairman shall refer the matter without delay
  to the Standing Veterinary Committee set up by Directive
                                                                            Where Member States adopt these provisions , the latter shall
, 68 / 361 / EEC (2 ), hereinafter referred to as the 'Committee',
                                                                            include a reference to this Directive or shall be accompanied
  either on his own initiative or at the request of the
                                                                            by such a reference on their official publication . The details
  representative of a Member State .
                                                                            of this reference shall be adopted by the Member States .
  2.       The representative of the Commission shall submit to
  the Committee a draft of the measures to be taken . The                   2.     However, from the date set in paragraph 1 , Member
  Committee shall deliver its opinion on the draft within a time            States may, in compliance with the general rules of the
  limit which the chairman may lay down according to the                    Treaty, maintain or apply within their territories stricter
  urgency of the matter. The opinion shall be delivered by the              provisions for the protection of calves than those laid down
  majority laid down in Article 148 (2) of the Treaty in the case           in this Directive. They shall inform the Commission of any
  of decisions which the Council is required to adopt on a                  such measures .
  proposal from the Commission. The votes of the
  representatives of the Member States within the Committee
  shall be weighted in the manner set out in that Article. The                                         Article 12
  chairman shall not vote .
  3.       The Commission shall adopt the measures envisaged if             This Directive is addressed to the Member States .
  they are in accordance with the opinion of the
  Committee .
  4.       If the measures envisaged are not in accordance with
                                                                            Done at Brussels , 19 November 1991 .
  the opinion of the Committee, or if no opinion is delivered ,
  the Commission shall without delay submit to the Council a
  proposal relating to the measures to be taken . The Council
  shall act by a qualified majority .                                                                             For the Council
                                                                                                                   The President
  If, within three months of the date of referral to the Council ,
   the Council has not acted, the proposed measures shall be                                                        P. BUKMAN
   (>) OJ No L 268 , 24 . 9 . 1991 , p . 56 .
   ( 2 ) OJ No L 255 , 18 . 10 . 1968 , p . 23 .
 ---pagebreak--- 11 . 12 . 91                                 Official Journal of the European Communities                                             No L 340 / 31
                                                                      ANNEX
              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, these 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 calves reared in groups or in boxes must be inspected by the owner or the person responsible for the
                    animals at least once a day. Any calf which appears to be ill or injured must be treated appropriately without
                    delay .
                    It should be possible , wherever necessary , to isolate sick or injured calves in adequate accommodation with
                    dry, comfortable bedding.
                    Veterinary advice must be obtained as soon as possible for calves which are not responding to the
                    stock-keeper's care.
              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 ;
                    — to see other calves .
               8 . 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 of sufficient length to allow the calves to move as
                    stipulated in paragraph 7 . The design must be such as to avoid , as far as possible , any risk of strangulation or
                    injury.
               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 minimize smell and avoiding 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 .
             11 . All calves must be provided with an appropriate diet adapted to their age , weight and behavioural and
                    physiological needs , to promote a positive state of health and well-being . In order to ensure a positive state of
 ---pagebreak--- No L 340 / 32                              Official Journal of the European Communities                                           11 . 12 . 91
                  health and well-being as well as a healthy growth rate and to meet their behavioural needs, the calves' food
                  must include sufficient iron and a minimum of dried feed containing a digestible fibre ( 100—200 gr daily
                  depending on the age of the animal). However, the requirement for a minimum quantity of dried feed
                  containing digestible fibres does not apply to the production of veal calves for white meat. Calves must not be
                  muzzled .
             12. All calves must be fed at least once 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.
             14 . Feeding and watering equipment must be designed , constructed , placed and maintained so that
                  contamination of the calves' feed and water is minimized .