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The following text contains extracts from:
1. The COUNCIL DIRECTIVE (91/629/EEC) of 19 November 1991.
2. Amendments stipulated in the Article 1 of the COUNCIL DIRECTIVE (97/2/EC) of 20 January 1997.
This Directive lays down the minimum standards for the protection of calves confined for rearing and fattening.
1. “calf” shall mean a bovine animal up to six months old;
2. “competent authority” shall mean the competent authority as defined in Article 2 (6) of Directive 90/425/EEC.
1. Member States shall ensure that from 1 January 1994, and for transitional period of four years, all holdings newly built or rebuilt and/or brought into use for the first time after that date shall comply with at least the following requirements:
– where calves are housed in groups, they must have sufficient unobstruct-ed floor space to be able to turn around and lie down without hindrance of at least 1.5 m² for each calf of 150 kg live weight,
– where calves are housed in individual boxes or by tethering in stalls, the boxes or stalls shall have perforated walls and their width must be no less than 90 cm plus or minus 10% or 0.8 times the height at the withers.
2. The provisions of paragraph 1 shall not apply to holdings with fewer than six calves.
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:
(a) no calf shall be confined in an individual pen after the age of eight weeks, unless a veterinarian certifies that its health and behavior requires it to be isolated in order to receive treatment. The width of any individual pen for a calf shall be at least equal to the height of the calf at the withers, measured in the standing position, and the length shall be at least equal to the body length of the calf, measured from the tip of the nose to the caudal edge of the tuber ischii (pin bone) multiplied by 1.1.
Individual pens for calves (except those for isolating sick animals) must not have solid walls, but perforated walls which allow the calves to have direct visual and tactile contact:
(b) For calves kept in groups, the unobstructed space allowance available to each calf shall be at least equal to 1.5 m2 for each calf with a live weight of less than 150 kilograms, at least equal to 1.7 m2 for each calf with a live weight of 150 kilograms or more but less than 220 kilograms, and at least equal to 1.8 m2 for each calf with a live weight of 220 kilograms or more.
However, the provisions of this paragraph shall not apply to:
- holdings with fewer than six calves;
- calves kept with their mothers for suckling.
From 31 December 2006, the provisions provided for above shall apply on all holdings.
4. The duration of use of installations built before 1 January 1994 which do not meet the requirements of paragraph 1 shall be determined by the competent authority in the light of the results of the inspections provided for in Article 7 (1), and shall under no circumstances extend beyond 31 December 2003.
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1. Member States shall ensure that the conditions for rearing calves comply with the general provisions laid down in the Annex.
The provisions in the Annex may be amended in accordance with the procedure laid down in Article 10 in order to take account of scientific progress.
Not later than 1 January 2006, the Commission shall submit to the Council a report, drawn up on the basis of an opinion from Scientific Veterinary Com-mittee, 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 socio-economic implications of different systems, together with proposals relevant to the report’s conclusions.
The Council shall act by qualified majority on these proposals no later than three months after their submission.
1. 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 and its Annex 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 laid down in Article 10, draw up a code of rules to be applied in carrying out the inspections provided for in paragraph 1.
3. 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.
In order to be imported into the Community, animals coming from a non-member country must be 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.
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Veterinary experts from the Commission may, where necessary for the uniform application of this Directive, carry out on-the-spot checks in co-operation 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 check.
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 non-member countries, the provisions of Chapter III of Directive 91/496/ EEC shall apply.
General rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 10.
1. Where the procedure laid down in this Article is to be followed, the chairman shall refer the matter without delay to the Standing Veterinary Committee set up by Directive 68/361/EEC,hereinafter referred to as Committee”, either on his own initiative or at the request of the representative of a Member State.
2. 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.
The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.
4. If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If, within three months of the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission except where the Council has decided against the measures by a simple majority.
1. Member States shall bring into force the laws, regulations and administrative provisions, including any sanctions, necessary to comply with this Directive not later than 1 January 1994. They shall forthwith inform the Commission thereof.
Where Member States adopt these provisions, the latter shall include a reference to this Directive or shall be accompanied by such a reference on their official publication. The details of this reference shall be adopted by the Member States.
2. However, from the date set in paragraph 1, 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.
This Directive is addressed to the Member States.
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