8.8.98 Official Journal of the European Communities L 221/23 COUNCIL DIRECTIVE 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Parlia- ment (%), Having regard to the opinion of the Economic and Social Committee (%), Whereas all Member States have ratified the European Convention for the Protection of Animals Kept for Farming Purposes (hereinafter called ‘the Convention’); whereas the Community has also approved this Conven- tion by Decision 78/923/EEC (*) and has deposited its instrument of approval; Whereas the Community, as a contracting party, must give effect to the principles laid down in the Convention; Whereas those principles include the provision of housing, food, water and care appropriate to the physio- logical and ethological needs of the animals, in accord- ance with established experience and scientific know- ledge; Whereas it is also necessary for the Community to make further provision for the uniform application of the Convention and its recommendations and for specific rules concerning the application of this Directive; Whereas the European Parliament, in its resolution of 20 February 1987 on animal welfare policy (°) called on the Commission to make proposals for Community rules covering general aspects of the rearing of livestock; Whereas Declaration No 24 annexed to the Final Act of the Treaty on European Union calls on the European institutions and the Member States, when drafting and implementing Community legislation, in particular on the common agricultural policy, to pay full regard to the welfare requirements of animals; Whereas differences which may distort conditions of competition interfere with the smooth running of the organisation of the market in animals; Whereas there is therefore a need to establish common minimum standards for the protection of animals kept for farming purposes in order to ensure rational development of production and to facilitate the organisation of the market in animals; whereas to that end it is appropriate to take account of animal welfare provisions already laid down in Community rules; 1 () OJ C 156, 23. 6. 1992, p. 11. () O] C 337, 21. 12. 1992, p. 225. () OJ C 332, 16. 12. 1992, p. 22. () OJ L 323, 17. 11. 1978, p. 12. () OJ C 76, 23. 3. 1987, p. 185. Whereas a comparative examination of animal welfare provisions applicable in the Community and in certain non-member countries together with an appraisal thereof should be undertaken with a view to determining the nature of future Community initiatives aimed at elim- inating distortions of competition, HAS ADOPTED THIS DIRECTIVE: Article 1 1. This Directive lays down minimum standards for the protection of animals bred or kept for farming purposes. 2. It shall not apply to: (@) animals living in the wild; (b) animals intended for use in competitions, shows, cultural or sporting events or activities; (c) experimental or laboratory animals; (d) any invertebrate animal. 3. This Directive shall apply without prejudice to specific Community rules laid down elsewhere, and in particular to Directives 88/166/EEC (°), 91/629/EEC () and 91/630/EEC (¥), which shall continue to apply. Article 2 For the purposes of this Directive the following defini- tions shall apply: 1. ‘animal any animal (including fish, reptiles or amphibians) bred or kept for the production of food, wool, skin or fur or for other farming purposes; () Council Directive 88/166/EEC of 7 March 1998 complying with the judgment of the Court of Justice in Case 131-86, (annulment of Council Directive 86/113/EEC of 25 March 1986 laying down minimum standards for the protection of laying hens kept in battery cages) (OJ L 74 19. 3. 1988, p. 83). () Council Directive 91/629/EEC of 19 November 1991 laying down minimum standards for the protection of calves (OJ L 340, 11. 12. 1991, p. 28). Directive as last amended by Dir- ective 97/2/EC (O] L 25, 28. 1. 1997, p. 24). (*) Council Directive 91/630/EEC of 19 November 1991 laying down minimum standards for the protection of pigs (O] L 340, 11. 12. 1991, p. 33).