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

No C 214/28                            Official Journal of the European Communities                                    21. 8. 89
                Proposal for a Council Regulation (EEC) concerning minimum standards for the protection
                                         of calves kept in intensive farming systems
                                                      COM(89) 114 final
                                      (Presented by the Commission on 23 June 1989)
                                                        (89/C 214/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           HAS ADOPTED THIS REGULATION:
Having regard to the Treaty establishing the European                                          Article 1
Economic Community, and in particular Article 43 thereof,
                                                                   The keeping of calves in intensive farming systems shall be
                                                                   subject to the provisions of this Regulation.
Having regard to the proposal from the Commission,
                                                                                               Article 2
Having regard to the opinion of the European Parliament,
                                                                   For the purpose of this Regulation the following definitions
                                                                   shall apply:
Having regard to the opinion of the Economic and Social
Committee,                                                         1. Calf: a bovine animal up to the age of 6 months;
                                                                   2. Intensive farming system: a system in which calves are
Whereas all Member States have ratified the European                   housed and are fattened mainly by the feeding of milk or
Convention on the Protection of Animals kept for Farming               milk replacer without the use of their dams or nurse-
Purposes; whereas the Community has also approved this                 cows.
Convention by Decision 78/923/EEC (*) and has deposited
its instrument of approval;
                                                                                               Article 3
Whereas the European Parliament, in its Resolution of 20           1. From 1 January 1992, all newly built intensive farming
February 1987 on animal welfare policy (2), called on the          systems, and all intensive farming systems brought into use
Commission to make proposals on minimum standards for              for the first time, shall comply at least with the following
intensive farming of veal calves;                                  requirements:
                                                                   (a) Calves shall not be confined in individual boxes or by
Whereas calves, being live animals, are included in the list           tethering in stalls after the age of 8 weeks. Individual
of products set out in Annex II of the Treaty;                         boxes and stalls for calves up to the age of 8 weeks shall
                                                                       be at least 80 cms wide and 180 cms long.
Whereas the keeping of calves in intensive farming systems
                                                                   (b) For group housed calves, pens shall provide a minimum
is an integral part of agriculture; whereas it constitutes a
                                                                       of 2,0 m 2 unobstructed floor space per calf. Calves over
source of revenue for part of the agricultural population;
                                                                       8 weeks of age may only be tethered or yoked for a
                                                                       maximum period of 1 hour during and after feeding.
Whereas differences which may distort conditions of
competition interfere with the smooth running of the               2. From 1 January 1999 the minimum requirements laid
organisation of the common market in calves and calf               down in paragraph 1 shall apply to all intensive farming
products;                                                          systems.
Whereas there is therefore a need to establish common                                         Article 4
minimum standards for the protection of calves in intensive
                                                                   The provisions of the Annex may be amended in
farming systems in order to ensure rational development of
                                                                   accordance with the procedure laid down in Article 10 in
production and to facilitate the completion of the internal
                                                                   order to take account of scientific developments.
market in calves and calf products;
                                                                                              Article 5
Whereas it is necessary for official services, producers,
consumers and others to be kept informed of developments           The Commission shall establish a system, including an
in this field; whereas the Commission should continue to           appropriate database, to ensure that it has access to all
support information and research projects on the subject;          current scientific, technological and other relevant inform-
                                                                   ation concerning the keeping of calves in intensive farming
                                                                   systems, and shall disseminate such information to the
(!) OJ No L 323, 17. 11. 1978, p. 12.                              competent authorities of the Member States and to other
(2) OJ No C 76, 23. 3. 1987, p. 185.                               interested parties.
 ---pagebreak--- 21. 8. 89                                 Official Journal of the European Communities                                      No C 214/29
                            Article 6                                                                Article 9
Before 1 January 1994 the Commission shall make a report                 The Commission shall be assisted by the Standing
to the Council and to the Parliament on the welfare of                   Veterinary Committee set up by Council Decision 68/361/
calves kept in intensive farming systems and on the                      EEC ( J ), hereinafter referred to as 'the Committee'.
provisions of this Regulation. This report shall be
accompanied by any appropriate proposals.
                                                                                                     Article 10
                            Article 7                                    Where the procedure laid down in this Article is to be used,
1. The competent authority of each Member State shall                    the following rules shall apply:
make inspections of intensive farming systems to ensure
compliance with this Regulation.                                         The representative of the Commission shall submit to the
                                                                         Committee a draft of the measures to be taken. The
2. These inspections shall cover a random sample of                      Committee shall deliver its opinion on the draft within a
10 % of intensive farming systems in each Member State                   time limit which the Chairman may lay down according to
each year.                                                               the urgency of the matter, if necessary by taking a vote.
3. The competent authority of each Member State shall                    The opinion shall be recorded in the minutes; in addition,
make an annual report to the Commission, before the last                 each Member State shall have the right to ask to have its
working day of April each year, starting in April 1993,                  position recorded in the minutes.
giving details of:
                                                                         The Commission shall take the utmost account of the
— the number of intensive farming systems in their
                                                                         opinion delivered by the Committee. It shall inform the
   territory,                                                            Committee of the manner in which its opinion has been
— the number of inspections made pursuant to para-                       taken into account.
   graph 1,
— any contraventions found,                                                                          Article 11
— any legal action taken in consequence.                                 Member States may in respect of intensive farming systems
                                                                         situated on their territory, maintain or take stricter
                            Article 8                                    measures for the protection of calves than are laid down in
                                                                         this Regulation. They shall inform the Commission of any
Commission veterinary experts may, to the extent                         such measures.
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.                                                Article 12
The Member State on whose territory the inspections are                  This Regulation shall enter into force on 1 January 1992.
carried out shall provide the experts with all the assistance
required for the accomplishment of their task.                           This Regulation shall be binding in its entirety and directly
                                                                         applicable in all Member States.
General rules for the application of this Article shall be
adopted in accordance with the procedure laid down in
Article 10.                                                              (!) OJ No L 255, 19. 10. 1968, p. 23.
                                                                 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.
 ---pagebreak--- No C 214/30                               Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                  2 1 . 8. 89
           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.
          6. Calves shall not be kept permanently in darkness. Artificial lighting shall be available and of sufficient
          intensity to inspect the calves at 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 of 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.
          12. Housing, pens, equipment and utensils for calves 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.
          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.
 ---pagebreak--- 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;