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

21. 8. 89                                 Official Journal of the European Communities                                       No C 214/31
             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.
               Proposal for a Council Regulation (EEC) concerning minimum standards for the protection
                                              of pigs kept in intensive farming systems
                                                           COM(89) 115 final
                                         (Presented by the Commission on 23 June 1989)
                                                               (89/C 214/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                  Whereas there is therefore a need to establish common
                                                                          minimum standards for the protection of pigs in intensive
Having regard to the Treaty establishing the European                     farming systems in order to ensure rational development of
Economic Community, and in particular Article 43 thereof,                 production and to facilitate the completion of the internal
                                                                          market in pigs and pig products;
Having regard to the proposal from the Commission,
                                                                          Whereas it is necessary for official services, producers,
Having regard to the opinion of the European Parliament,                  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,
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                  HAS ADOPTED THIS REGULATION:
Purposes; whereas the Community has also approved this
Convention by Decision 78/923/EEC (*) and has deposited
its instrument of approval;
                                                                                                      Article 1
Whereas the European Parliament, in its Resolution of 20
February 1987 on animal welfare policy (2), called on the
Commission to make proposals on minimum standards for                     The keeping of pigs in intensive farming systems shall be
intensive farming of pigs;                                                subject to the provisions of this Regulation.
Whereas pigs, being live animals, are included in the list of
products set out in Annex II of the Treaty;
                                                                                                      Article 2
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;                For the purpose of this Regulation the following definitions
                                                                          shall apply:
Whereas differences which may distort conditions of
competition interfere with the smooth running of the                      1. pig: an animal of the porcine species of any age whether
organisation of the common market in pigs and pig                             kept for breeding or fattening;
products;
                                                                          2. intensive farming system: a system in which pigs are
(i) OJ No L 323, 17. 11. 1978, p. 12.                                         housed without access to pasture for all or most of their
(2) OJ No C 76, 23. 3. 1987, p. 185.                                          lives;
 ---pagebreak--- No C 214/32                             Official Journal of the European Communities                                  21. 8. 89
3. boar: a male pig after puberty, intended for breeding                                      Article 5
    purposes;
                                                                   The Commission shall establish a system, including an
4. gilt: a female pig after puberty and before farrowing;          appropriate database, to ensure that it has access to all
                                                                   current scientific, technological and other relevant inform-
5. sow: a female pig after farrowing;                              ation 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
6. farrowing sow: a sow between the perinatal period and           interested parties.
    weaning the piglets;
7. dry sow: a sow between weaning her piglets and the
                                                                                             Article 6
    perinatal period;
                                                                   Before 1 January 1994 the Commission shall make a report
8. piglet: a pig from birth to weaning;
                                                                   to the Council and to the Parliament on the welfare of pigs
                                                                   under different systems of farming and on the provisions of
9. weaner: a pig weaning to the age of 10 weeks;                   this Regulation. This report shall, in particular, consider
                                                                   the welfare of sows kept in different degrees of confinement
10. rearing pig: a pig from ten weeks to slaughter or service;     and in groups, and shall be accompanied by any
                                                                   appropriate proposals.
                           Article 3
                                                                                             Article 7
1. From 1 January 1992, all newly-built intensive farming
systems, and all intensive farming systems brought into use        1. The competent authority of each Member State shall
for the first time, shall comply at least with the following       make inspections of intensive farming systems to ensure
requirements:                                                      compliance with this Regulation.
(a) After weaning, sows shall not be confined by tethers for       2. These inspections shall cover a random sample of
    a period of at least 4 weeks; during that period they          10 % of intensive farming systems in each Member State
    shall only be confined in individual crates or stalls if       each year.
    they are released for daily exercise.
                                                                   3. The competent authority of each Member State shall
(b) The unobstructed floor area available to each weaner or        make an annual report to the Commission, before the last
    rearing pig shall not be less than:                           working day of April each year, starting in April 1993,
                                                                  giving details of:
    — 0,2 m 2 for an average weight of the pigs of 20 kg or
                                                                  — the number of intensive farming systems in their
       less,
                                                                       territory,
    — 0,3 m 2 for an average weight of the pigs of between
                                                                  — the number of inspections made pursuant to para-
       20 kg and 30 kg,
                                                                       graph 1,
    — 0,4 m 2 for an average weight of the pigs of between
                                                                  — any contraventions found,
       30 kg and 50 kg,
                                                                  — any legal action taken in consequence.
    — 0,65 m 2 for an average weight of the pigs of between
       50 kg and 110 kg,
                                                                                             Article 8
    — 1,0 m 2 for an average weight of the pigs of more than
       110 kg.
                                                                   Commission veterinary experts may, to the extent
                                                                  necessary for uniform application of this Regulation, carry
2. From 1 January 1999 the minimum requirements laid              out on-the-spot inspections. The Commission shall inform
down in paragraph 1 shall apply to all intensive farming          the Member States of the outcome of such inspections.
systems.
                                                                  The Member State on whose territory the inspections are
                                                                  carried out shall provide the experts with all the assistance
                           Article 4                              required for the accomplishment of their task.
The "provisions of the Annexes may be amended in                  General rules for the application of this Article shall be
accordance with the procedure laid down in Article 10 in          adopted in accordance with the procedure laid down in
order to take account of scientific developments.                 Article 10.
 ---pagebreak--- 21. 8. 89                                   Official Journal of the European Communities                                        No C 214/33
                            Article 9                                      The Commission shall take the utmost account of the
                                                                           opinion delivered by the Committee. It shall inform the
The Commission shall be assisted by the Standing                           Committee of the manner in which its opinion has been
Veterinary Committee set up by Council Decision 68/361/                    taken into account.
EEC (1), hereinafter referred to as 'the Committee'.
                            Article 10                                                                  Article 11
Where the procedure laid down in this Article is to be used,
the following rules shall apply:                                           Member States may in respect of intensive farming systems
                                                                           situated on their territory, maintain or take stricter
The representative of the Commission shall submit to the                   measures for the protection of pigs than are laid down in
Committee a draft of the measures to be taken. The                         this Regulation. They shall inform the Commission of any
Committee shall deliver its opinion on the draft within a                  such measures.
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,                                              Article 12
each Member State shall have the right to ask to have its
position recorded in the minutes.                                          This Regulation shall enter into force on 1 January 1992.
                                                                           This Regulation shall be binding in its entirety and directly
(!) OJ No L 255, 19. 10. 1968, p. 23.                                      applicable in all Member States.
                                                                 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.
             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.
 ---pagebreak--- No C 214/34                              Official Journal of the European Communities                                          21. 8. 89
           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.
           13. Housing, pens, equipment and utensils for pigs shall be cleaned and disinfected 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--- ^ . D . ^                              COfhc^l]ourn^loLrri^Luron^nCornrnun^nc^                                                         ^ o ^ ^ l ^ ^
                                                                       A^^^X^
                                         specific provisions for various categories of pigs
          t. ^oar 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.
          ^. The Ivingarea shall be provided with dr^,comfortablebeddmgsuchasstraw.The minimum pensile for an
          adult boar shall b e ^ m ^ .
          ^, Where natural services are not supervised bv an experienced stock-keeper,there shall be sufficientspace for
          the sow or gilt and boar to manoeuvre without mmr^ to either.
          t. ^teps shall be taken to prevent tail biting or othervicesbvtheprovision of straw or other suitable materials
          or objects and bv attention to the environment and stocking densitv.
          L Farrowing sows and gilts shall be clean,and, if necessar^,treated against external and internal parasites
          prior to being settled into the farrowing accommodation.
          ^. Thev shall be provided withaclean,drv,comfortablelving area and shall be given suitable bedding and
          nesting material. Care shall be taken to prevent damage to bonv prominences such as the shoulders or hips.
          ^3.  ^ n 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.
          t v . ^ ^
          t. aiglets shall be provided w i t h a s o u r c e o f h e a t a n d a s o h d l v m g area with drv,comfortable bedding, awav
          from the sow where all of them can rest at the same time.
          ^. Whereafarrowing crate is used the pigletsshallhavesufficientspace along both sides to suck attheirdam^s
          udder without difficulty.
          ^. aiglets shall begivenasourceofiron supplement soon after birth and, where necessarv,electrolvtes or milk
          replacer shall be available.
          4.   Creep feed shall be provided so that the piglets are accustomed to eating it prior to weaning.
          ^. Male pigs intended to be slaughtered atahve-weightofless than 90 kg shall not be castrated.Castration of
          male pigs over^weeks of age mavonlv be carried out under anaesthesia bvavetennananorperson qualified in
          accordance with national legislation.
          ^. Tooth clipping and tail docking shall not be carried out routmelv but onlv when there is evidence on the
          farmthat injuries to sows^udders or other pigs^tails have occurred a s a r e s u l t o f n o t c a r r v m g o u t these
          procedures.
          Onlv the tips of the teeth and the tails mav be removed and w i t h m ^ d a v s 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.
          ^. aiglets shall not be weaned from the sow at less than^weeks of age unless the welfare ofthe dam orpiglets
          would otherwise be adversely affected.
          9.   ^ t weaning the sow shall be moved from the farrowing accommodation before the piglets.
          V . ^ ^ ^ ^ ^ r ^ ^ ^ ^ ^
          t.   The pigs should be kept in stable groups with as little mining as possible.
          ^. ^teps shall betaken to preventtail biting or othervicesbv the provision of straw or other suitable materials
          or objects and bv attention to the environment and stocking densitv.