CELEX: 51992PC0192
Language: en
Date: 1992-05-15
Title: Proposal for a COUNCIL DIRECTIVE concerning the protection of animals kept for farming purposes

COMMISSION OF THE EUROPEAN COMMUNITIES
                                        COM(92) 192 final
                                        Brussels, 15 May 1992
                        Proposal for a
                      COUNCIL DIRECTIVE
        concerning the protection of animals kept for
                       farming purposes
                (presented by the Commission)
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                             EXPLANATORY MEMORANDUM
The European Convention for the Protection of Animals kept for Farming
Purposes was approved on behalf of the Community by Council Decision
78/923/EEC 1 .   In   1988,   after  all  Member    States  had   ratified    the
Convention,    the  Community    became  a contracting    party.  The   Standing
Committee established by the Convention, on which the Community votes
for the Member States, makes Recommendations on the farming of various
types    of    animals.     Contracting    parties    must    implement     these
Recommendations by law or administrative act.
The aim of the attached proposal is to implement the requirements of
the Convention by adopting harmonized rules for the housing, treatment
and care of farm animals, and providing a legal basis for adoption of
the Council of Europe Recommendations by a Commission procedure.
Chapter I of the proposal sets out the scope, which is the same as as
the Convention, and gives definitions.
Chapter II lays down welfare principles concerning the responsibilities
of   owners   or   persons    in  charge,   the  planning,   construction     and
operation of accomodation and facilities, and the treatment, feeding,
and breeding of animals.
Chapter III includes the responsibilities of Member States concerning
inspection and enforcement, and the possibility for the Commission to
make   on-the-spot     inspections.   An  advisory    Committee   procedure    is
proposed for the adoption of obligatory Recommendations of the Standing
Committee   of    the   European   Convention   and   for  adaptation    of   the
Directive to technical progress.
1  OJ No L 323, 17.11.1978, p. 12.
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                                    Proposal for a
                                  COUNCIL DIRECTIVE
                concerning the protection of animals kept for
                                   farming purposes
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,
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 for the
Protection of Animals kept for Farming Purposes; whereas the Community
has   also  approved      this  Convention   by  Decision   78/923/EEC3  and  has
deposited its instrument of approval;
Whereas it is necessary for the Community, as a contracting party to
the European Convention for the Protection of Animals kept for Farming
Purposes,    to    implement    Recommendations    of  the   Standing   Committee
established     by    the   Convention;    whereas  it  is   desirable   to  make
provision for those parts of the Recommendations which are obligatory
to be    adopted    by  a Commission     procedure  in collaboration    with  the
Member States;
1
2
3   OJ No L 323, 17.11.1978, p. 12.
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Whereas the European Parliament, in its Resolution of 20 February 1987
on animal welfare policy4, called on the Commission to make proposals
for Community  rules covering general aspects of the rearing of farm
livestock;
Whereas animals   are   included   in   the   list  of   products   set out in
Annex II to the Treaty;
Whereas the keeping of animals for farming purposes 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 organization of the common
market in animals and animal products;
Whereas there is therefore a need to establish common minimum standards
for the protection of animals kept for farming purposes in order to
ensure  rational   development    of   production    and  to   facilitate  the
completion  of  the   internal  market    in  animals   and  animal  products;
whereas it is necessary to take account of animal welfare provisions
already laid down in Community rules,
HAS ADOPTED THIS DIRECTIVE:
                                  CHAPTER I
                             General Provisions
                                  Article 1
1. This Directive   lays down minimum      standards   for the protection of
   animals bred or kept for farming purposes.
   OJ No C 76, 23.3.1987, p. 185.
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2. It   shall   apply   without  prejudice   to   Community  rules  laid  down
    elsewhere for the protection of certain types of animals.
                                   Article 2
For   the purpose    of  this Directive    the   following  definitions  shall
apply:
1. animal; an animal bred or kept for the production of food, wool,
    skin  or   fur   or  for  other   farming   purposes,   including  animals
   produced    as  a  result  of  genetic   modifications   or  novel  genetic
    combinat ions;
2. owner or keeper: any person or persons, either natural or legal,
   having ownership of the animals, or charged with keeping the said
    animals, whether or not for financial reward;
3. intensive farming system; a method of husbandry in which animals are
   kept in such numbers or density, or in such conditions, or at such
   production levels, that their welfare depends upon frequent human
    attention.
                                  CHAPTER II
                            The welfare of animals
                                   Article 3
Member   States   shall ensure that    animals    are not  caused  unnecessary
pain, suffering or distress.
                                   Article 4
Member States shall ensure that:
1. the owner or keeper of an animal shall be responsible for and shall
   take reasonable steps to ensure its welfare;
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2. animals shall be cared for by a sufficient number of personnel with
   adequate theoretical and practical knowledge of the animals and of
   the husbandry system used.
                                    Article 5
Member States shall ensure that animals shall be housed and provided
with food, water and care in a manner which, having regard to their
species    and   to    their    degree    of   development,     adaptation    and
domestication,   is appropriate to their physiological          and   ethological
needs   in   accordance     with   established    experience    and    scientific
knowledge.
                                    Article 6
Member   States  shall   ensure    that  natural   or  artificial    breeding  or
breeding procedures which cause, or are likely to cause, suffering or
injury to any of the animals involved           are not practised;      no animal
shall   be  kept   for   farming    purposes   unless   it  can   be   reasonably
expected, on the basis of its genotype or phenotype, that it can be
kept without detrimental effects on its health or welfare.
                                    Article 7
Member States shall ensure that:
1. the freedom of movement appropriate to an animal, having regard to
   its   species   and   in   accordance   with   established    experience   and
   scientific knowledge, shall not be restricted in such a manner as to
   cause it unnecessary suffering or injury;
2. where an animal is continuously or regularly tethered or confined,
   it shall be given the space appropriate to its physiological               and
   ethological   needs    in   accordance   with  established    experience   and
   scientific knowledge.
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                                     Article 8
Member States shall ensure that the lighting, temperature, humidity,
air circulation, ventilation, and other environmental conditions such
as gas concentration or noise intensity in the place in which an animal
is housed   shall, having regard to its species and to its degree of
development, adaptation and domestication, conform to its physiological
and  ethological    needs   in accordance with established       experience and
scientific knowledge.
                                    Article 9
Member States shall ensure that no animal shall be provided with food
or  liquid   in a manner, nor       shall  such  food   or  liquid   contain  any
substance, which may cause unnecessary suffering or injury.
No other substance with the exception of those given for therapeutic or
prophylactic purposes shall be administered to an animal unless it has
been   demonstrated     by    scientific    studies   of   animal    welfare   or
established    experience    that   the   effect   of  the   substance    is  not
detrimental to the health or welfare of the animal.
                                   Article 10
Member States shall ensure that the condition and state of health and
welfare   of    animals    shall   be   thoroughly    inspected    at   intervals
sufficient to avoid unnecessary suffering and in the case of animals
kept in intensive stock-farming systems at least once a day.
                                   Article 11
Member States shall ensure that when an animal is to be killed on the
farm, this shall be done competently and in any case without causing
unnecessary pain or distress to the animal or to other animals.
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                               Article 12
Member States shall ensure that technical equipment used in intensive
farming systems is thoroughly inspected at least once daily, and that
any defect discovered is remedied with the least possible delay. When a
defect cannot be remedied forthwith, all temporary measures necessary
to safeguard the welfare of the animals shall be taken immediately.
                              CHAPTER III
                            Final provisions
                               Article 13
Measures necessary for the application of obligatory Recommendations of
the Standing Committee of the European Convention for the Protection of
Animals kept for Farming Purposes, and any specific rules necessary for
the application of this Directive,    shall be adopted in accordance with
the procedure laid down in Article 17.
                               Article 14
Member States shall arrange for inspections to be made by the competent
authority to ensure compliance with this Directive.
Such inspections, which may be carried out on the occasion of checks
made  for other purposes,  shall   cover   a statistically-representative
sample of the farming systems in each Member State each year.
                               Article 15
Commission veterinary experts may, to the extent necessary for uniform
application  of this Directive, carry out on-the-spot      inspections  in
collaboration with the competent authorities of the Member States. The
Commission  shall  inform the  Member   States  of  the outcome   of  such
inspections.
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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.
                               Article 16
The Commission shall be assisted by the Standing Veterinary Committee
set  up  by Council  Decision 68/361/EEC5  hereinafter  referred   to  as
"the Committee".
                               Article 17
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 the Committee. It shall inform the Committee of the manner in which
its opinion has been taken into account.
                               Article 18
Member States shall take the appropriate specific measures to penalize
infringements of this Directive.
   OJ No L 255, 18.10.1968, p. 23.
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                                  Article 19
Member   States   shall   bring   into  force  the  laws,   regulations  and
administrative provisions necessary to comply with this Directive no
later than 1 January 1993. They shall forthwith inform the Commission
thereof.
When  Member   States   adopt   these  provisions, these   shall  contain  a
reference to this Directive or shall be accompanied by such reference
at the   time  of  their   official   publication. The  procedure   for such
reference shall be adopted by Member States.
                                  Article 20
This Directive is addressed to the Member States.
Done at Brussels,                                      For the Council
                                                        The President
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                                                                     ISSN 0254-1475
                                                              COM(92) 192 final
                                                      DOCUMENTS
EN                                                                             03
                                 Catalogue number: CB-CO-92-211-EN-C
                                                             ISBN 92-77-44015-5
Office for Official Publications of the European Communities
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