Article 1: This Directive lays down the minimum standards for the protection of calves confined for rearing and fattening.
Article 2: For the purposes of this Directive, the following definitions shall apply:
1.
‘calf’ means a bovine animal up to six months old;
2.
‘competent authority’ means the competent authority as defined in Article 2(6) of Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market ( 7 ) .
Article 3: From 1 January 1998, the following provisions shall apply on all newly built or rebuilt holdings and on all those brought into use after that date:
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From 31 December 2006, the provisions provided for in paragraph 1 shall apply to all holdings.
Article 4: Member States shall ensure that the conditions for rearing calves comply with the general provisions laid down in Annex I.
Article 5: The general provisions in Annex I may be amended in accordance with the procedure referred to in Article 10(2) in order to take account of scientific progress.
Article 6: By 1 January 2006, the Commission shall submit to the Council a report, drawn up on the basis of an opinion from the European Food Safety Authority, on the intensive farming system(s) which comply with the requirements of the well-being of calves from the pathological, zootechnical, physiological and behavioural point of view, as well as the socioeconomic implications of different systems, together with proposals relevant to the report’s conclusions.
Article 7: 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 are complied with.
These inspections, which may be carried out on the occasion of checks made for other purposes, shall each year cover a statistically representative sample of the different farming systems used in each Member State.
2
The Commission shall, in accordance with the procedure referred to in Article 10(2), draw up a code of rules to be applied in carrying out the inspections provided for in paragraph 1 of this Article.
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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 carried out during the previous two years in accordance with this Article, including the number of inspections carried out in relation to the number of holdings in their territory.
Article 8: In order to be imported into the Community, animals coming from a third country must be accompanied by a certificate issued by the competent authority of that country, certifying that they have received treatment at least equivalent to that granted to animals of Community origin as provided for by this Directive.
Article 9: Veterinary experts from the Commission may, where necessary for the uniform application of this Directive, carry 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.
The Member State in the territory of which a check is being carried out shall give all necessary assistance to the experts in carrying out their duties. The Commission shall inform the competent authority of the Member State concerned of the results of the checks.
The competent authority of the Member State concerned shall take any measures which may prove necessary to take account of the results of the checks.
With regard to relations with third countries, the provisions of Chapter III of Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries ( 8 ) shall apply.
General rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 10(2) of this Directive.
Article 10: The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health set up pursuant to Article 58 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety ( 9 ) .
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Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
Article 11: Member States may, in compliance with the general rules of the Treaty, maintain or apply within their territories stricter provisions for the protection of calves than those laid down in this Directive. They shall inform the Commission of any such measures.
Article 12: Directive 91/629/EEC, as amended by the Acts listed in Annex II, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex II, Part B.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III.
Article 13: This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union . Official Journal of the European Union
Article 14: This Directive is addressed to the Member States.
Recital 1
Council Directive 91/629/EEC of 19 November 1991 laying down minimum standards for the protection of calves ( 3 ) has been substantially amended several times ( 4 ) . In the interests of clarity and rationality the said Directive should be codified.
Recital 2
Most Member States have ratified the European Convention for the protection of animals kept for farming purposes. The Community has also approved this Convention, by Council Decision 78/923/EEC ( 5 ) .
Recital 3
Calves, being live animals, are included in the list of products set out in Annex I to the Treaty.
Recital 4
The keeping of calves is an integral part of agriculture. It constitutes a source of revenue for part of the agricultural population.
Recital 5
Differences which may distort conditions of competition interfere with the smooth running of the organisation of the common market in calves and calf products.
Recital 6
There is therefore a need to establish common minimum standards for the protection of rearing calves or calves for fattening in order to ensure rational development of production.
Recital 7
It is recognised scientifically that calves should benefit from an environment corresponding to their needs as a herd-living species. For that reason, they should be reared in groups. Calves, both group-housed and individually penned, should have sufficient space for exercise, for contact with other cattle and for normal movements when standing up or lying down.
Recital 8
It is necessary for official services, producers, consumers and others to be kept informed of developments in this field. The Commission should therefore, on the basis of an opinion from the European Food Safety Authority, pursue actively scientific research into the most efficient stock-farming system(s) from the point of view of the well-being of calves. Provision should accordingly be made for an interim period to enable the Commission to complete this task successfully.
Recital 9
The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission ( 6 ) .
Recital 10
This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex II, Part B,
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3
All automated or mechanical equipment essential for the calves’ health and well-being must be inspected at least once daily. Where defects are discovered, they 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.
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PART A
Repealed Directive with its successive amendments
(referred to in Article 12)
List of time limits for transposition into national law
(referred to in Article 12)
Council Regulation EC No 806/2003 OJ L 122, 16.5.2003, p. 1
only Annex III, point 25
PART B
Directives
Time limit for transposition
91/629/EEC
1 January 1994
97/2/EC
31 December 1997
CORRELATION TABLE
Directive 91/629/EEC
This Directive
Articles 1 and 2
Articles 1 and 2
Article 31
—
Article 32
—
Article 33, first subparagraph
Article 3(1), first subparagraph
Article 33, second subparagraph, introductory words
Article 3(1), second subparagraph, introductory words
Article 33, second subparagraph, first indent
Article 3(1), second subparagraph, point (a)
Article 33, second subparagraph, second indent
Article 3(1), second subparagraph, point (b)
Article 33, third subparagraph
Article 3(2)
Article 34
—
Article 41
Article 4
Articles 5 to 10
Articles 5 to 10
Article 111
—
Article 112
Article 11
—
Article 12
—
Article 13
Article 12
Article 14
Annex
Annex I
—
Annex II
—
Annex III
Footnote p0: Done at Brussels, 18 December 2008.