Council Directive 2008/119/EC
of 18 December 2008
laying down minimum standards for the protection of calves
(Codified version)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the European Economic and Social Committee ,
Whereas:
(1)
Council Directive 91/629/EEC of 19 November 1991 laying down minimum standards for the protection of calves has been substantially amended several times . In the interests of clarity and rationality the said Directive should be codified.
(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 .
(3)
Calves, being live animals, are included in the list of products set out in Annex I to the Treaty.
(4)
The keeping of calves is an integral part of agriculture. It constitutes a source of revenue for part of the agricultural population.
(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.
(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.
(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.
(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.
(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 .
(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,
HAS ADOPTED THIS DIRECTIVE:
Opinion of 11 December 2007 (not yet published in the Official Journal).
OJ C 324, 30.12.2006, p. 26.
OJ L 340, 11.12.1991, p. 28.
See Annex II, Part A.
OJ L 323, 17.11.1978, p. 12.
OJ L 184, 17.7.1999, p. 23.