CELEX: 51989PC0115
Language: en
Date: 1989-06-19
Title: Proposal for a COUNCIL REGULATION (EEC) concerning minimum standards for the protection of pigs kept in intensive farming systems (presented by the Commission)

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COM (89) 115
Vol. 1989/0035
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(89 ) 115 final
                                             Brussels , 19 June 1989
                           Proposal for a
                     COUNCIL REGULATION ( EEC )
      concerning minimum standards for the protection of
            pigs kept in intensive farming systems
                  (presented by the Commission )
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 ---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 pigs .
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 pigs 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 German government has already   introduced legislation on the intensive
farming of pigs , and other Member  States have general rules on the subject .
Pig 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 pigs
kept in intensive farming systems , based on what is currently good farming
practice and on the Recommendation on Pigs 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 pig 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 pigs to producers , consumers
and other interested parties .
It further provides for continuing research into the welfare of intensively
farmed pigs , particularly sows , 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 .
                                                                                 2
 ---pagebreak---                                              2
                                     Proposal for a
                              COUNCIL REGULATION ( EEC )
                 concerning minimum standards for the protection of
                        pigs 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 ,
Having regard to the opinion of the European Parliament CD ,
Having regard to the opinion of the Economic and Social Committee ( 2 ),
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 ( 3 ) and has deposited its
instrument of approval ;
Whereas the European Parliament , in its Resolution of 20 February 1987 on
animal welfare policy ( 4 ), called on the Commission to make proposals on
minimum standards for intensive farming of pigs ;
Whereas pigs , being live animals , are included in the list of products set out
in Annex II of the Treaty ;
Whereas the keeping of pigs 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 pigs and pig
products ;
(1)
(2)
(3) 0 !    No L 323 , 17.11.1978 , p. 12 .
( 4 ) 0J   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 pigs in intensive farming systems in order to ensure
rational development of production and to facilitate the completion of the
internal market in pigs and pig 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 pigs 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 . pig : an animal of the porcine species of any age whether kept for
     breeding or fattening ;
2.   intensive farming system : a system in which pigs are housed without
     access to pasture for all or most of their lives ;
3.   boar : a male pig after puberty , intended for breeding purposes ;
4.   gilt : a female pig after puberty and before farrowing ;
5.   sow : a female pig after farrowing ;
6.   farrowing sow : a sow between the perinatal period and weaning the piglets ;
7.   dry sow : a sow between weaning her piglets and the perinatal period ;
8.   piglet : a pig from birth to weaning ;
9.   weaner : a pig from weaning to the age of 10 weeks ;
10 . rearing pig : a pig from ten weeks to slaughter or service ;
 ---pagebreak---                                             4
                                        Artide 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 :
    ( a ) After weaning , sows shall not be confined by tethers for a period of at
          least 4 weeks ; during that period they shall only be confined in
          individual crates or stalls if they are released for daily exercise .
    ( b ) The unobstructed floor area available to each weaner or rearing pig
          shall not be less than :
                2
          - 0.2m for an average weight of the pigs of 20kg or less ;
                2
          - 0.3m for an average weight of the pigs of between 20kg and 30kg ;
                2
          - 0.4m for an average weight of the pigs of between 30kg and 50kg ;
                  2
          - 0.65m for an average weight of the pigs of between 50kg and 110kg ;
                2
          - 1.0m for an average weight of the pigs of more than 110kg .
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 Annexes 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 pigs in intensive farming
systems , and shall disseminate such information to the competent authorities
of the Member States and to other interested parties .
 ---pagebreak---                                           5
                                      Article 6
Before 1 January 1994 the Commission shall make a report to the Council and to
the Parliament on the welfare of pigs under different systems of farming and
on the provisions of this Regulation . This report shall , in particular ,
consider the welfare of sows kept in different degrees of confinement and in
groups , and shall be accompanied by any appropriate proposals .
                                      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
Commission 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 M / 361 / IIC ( 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 the
 Committee .   It shall 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 pigs 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
( 1 ) OJ   No L 255 , 19.10.1968 , p.23 .
 ---pagebreak---                                        ANNEX A
                                 GENERAL CONDITIONS
1 . The design , construction and maintenance of the housing , pens and equipment
    shall be such as to provide a safe environment conducive to the health and
    well-being of the pigs 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 pigs 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 pigs 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 pigs .
5 . All automated or mechanical equipment essential for the pigs * 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 pigs 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.   Pigs shall not be kept permanently in darkness . Artificial lighting shall
     be available and of sufficient intensity to inspect the pigs at any time .
7.   The pigs 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 pigs
     appear to be in good health or not , including behavioural changes and
     whether the total environment is adequate to keep them healthy .
8.   When pigs 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 pig or batch of pigs , as appropriate , is put in .
9.   All pigs shall be inspected at least twice daily . Any pig 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
     pigs , 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 pigs which are
     not responding to the stock-keeper’s remedial treatment .
10 . If pigs are kept together , measures shall be taken to prevent excessive
     fighting . Pigs which show persistent aggression towards others shall be
     removed from the group .
11 . The accommodation for pigs shall be constructed in such a way as to allow
     each pig :
     - to lie down , rest and stand up without strain ;
     - to use separate places for resting and dunging ;
     - to see other pigs .
12 . Where tethers are used , these shall not cause injury to the pigs and shall
     be inspected daily and adjusted as necessary to ensure a comfortable fit .
     Each tether shall be of sufficient length to allow the pigs to move in
     accordance with paragraph 11 . The design shall be such as to avoid the
     possibility of strangulation .
 ---pagebreak---                                              9
 1 . Housi ..^,  JS ,          6-U;    ,-S ils ; vi ; _ &3 Siiill j ; elemt'I _.id di S-
     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 .
14 . Floors shall be smooth enough to prevent injury to the pigs but not cause
     them to slip . Where slatted , perforated or gridded floors are used , they
     shall not cause injury or strain to pigs standing or lying on them . They
     shall be suitable for the size and weight of the pigs 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 pigs .
15 . All pigs 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 .
16 . All pigs shall be fed at least twice daily . Where pigs are housed in
     groups and not fed ad libitum , or by an automatic feeding system , each pig
     shall have access to the food at the same time as the others in the group .
17 . All pigs after the age of two weeks shall have access to adequate fresh
     potable water at all times .
18 . Feeding and watering equipment shall be designed , constructed , placed and
     maintained so that contamination of the pigs’ feed or water is minimised .
19 . Dry food ingredients shall be stored in such a way as to keep them dry ,
     clean and free from infestation .
20 . All pigs shall be provided with straw , hay or other suitable materials or
     objects for at least 1 hour per day , to allow them to indulge in normal
     behaviour patterns .
 ---pagebreak---                                        Annex B
                Specific provisions for various categories of pigs
I   Boars
    1 . Boar pens shall be sited and constructed so as to allow the boar sound ,
        smell and sight of other pigs , and to provide for separate resting and
        dunging areas .
    2 . The lying area shall be provided with dry , comfortable bedding such as
                                                                      2
        straw .  The minimum pen size for an adult boar shall be 6m .
    3 . Where natural services are not supervised by an experienced
        stock-keeper , there shall be sufficient space for the sow or gilt and
        boar to manoeuvre without injury to either .
II  Dry sows and gilts
    1 . Steps shall be taken to prevent tail biting or other vices by the
        provision of straw or other suitable materials or objects and by
        attention to the environment and stocking density .
III Farrowing sows and gilts
    1 . Farrowing sows and gilts shall be clean , and , if necessary , treated
        against external and internal parasites prior to being settled into the
        farrowing accommodation .
    2 . They shall be provided with a clean , dry , comfortable lying area and
        shall be given suitable bedding and nesting material . Care shall be
        taken to prevent damage to bony prominences such as the shoulders or
        hips .
    3 . An unobstructed area behind the sow or gilt shall be available for the
        ease of natural or assisted farrowing .
    4 . Farrowing quarters where sows are kept loose shall have some means of
        protecting the piglets such as farrowing rails .
                                                                                 Л\
 ---pagebreak---                                           11
IV  Piglets
    1 . Piglets shall be provided with a source of heat and a solid lying area
        with dry , comfortable bedding , away from the sow where all of them can
        rest at the same time .
   2 . Where a farrowing crate is used the piglets shall have sufficient space
        along both sides to suck at their dam’s udder without difficulty .
   3 . Piglets shall be given a source of iron supplement soon after birth
        and , where necessary , electrolytes or milk replacer shall be available .
   4 . Creep feed shall be provided so that the piglets are accustomed to
        eating it prior to weaning .
   5 . Male pigs intended to be slaughtered at a live-weight of less than
        90kg   shall not be castrated .   Castration of male pigs over 8 weeks of
        age may only be carried out under anaesthesia by a veterinarian or
        person qualified in accordance with national legislation .
   6 . Tooth clipping and tail docking shall not be carried out routinely but
        only when there is evidence on the farm that injuries to sows' udders
        or other pigs' tails have occurred as a result of not carrying out
        these procedures .
        Only the tips of the teeth and the tails may be removed and within
        7 days of birth .
   7 . Where knees or hocks of piglets become damaged , appropriate steps shall
        be taken to protect the knees or hocks from further damage and allow
        healing .
   8 . Piglets shall not be weaned from the sow at less than 3 weeks of age
        unless the welfare of the dam or piglets would otherwise be adversely
        affected .
   9 . At weaning the sow shall be moved from the farrowing accommodation
        before the piglets .
 ---pagebreak--- Weaners and rearing pigs
1 . The pigs should be kept in stable groups with as little mixing as
    possible .
2 . Steps shall be taken to prevent tail biting or other vices by the
    provision of straw or other suitable materials or objects and by
    attention to the environment and stocking density .
 ---pagebreak--- FINANCIAL STATEMENT      concerning :
    Draft Council Regulation concerning minimum standards for the protection of
    pigs kept in intensive farming systems .
1.  Budget heading :              Item :                          Title :
         III B                     382                            Inspection in Agriculture
2.  Legal basis :
    Article 43 of the Treaty
3.  Classification :                      mMIMIIBMIHH/Mon-compul sory expenditure
4.   Purpose/description of the measure :
    Verification of the implementation of the Regulation
5.   Method of calculation
5.1 Form of expenditure : Mission expenses
5.2 Community contribution :         100%
5.3 Calculation : 500 days of mission per year (0.1% of farms ) at 170 ECU per day
                     ( current cost of slaughterhouse inspections )
                     = 85,000 ECU per year
6.   Financial implication as regards operating appropr iat i ons
6.1 Schedule of commitment appropriations and payment appropriations (m ECU)
                                  Year                 C.A.                     P.A.
                                   19 90
                                   19 91
                                                       85
                                                       90,1                     15,1
                                   19 92               95,5                     95,5
                                   19 93              101                      101
                                   19 94              107                      107
                                   fol lowing years
                                                       peDls                    p.ffl .
                                   Total               478,6                   478,6
 6.2 Financing during current year :
 7.  Observât ions :
                     The application of this measure will require the following
                     additional Commission staff :
                                  5 posts at A7
                                   1 post at B3
                                   1 post at C3