1.12.2001 Official Journal of the European Communities L 316/1 | (Acts whose publication is obligatory) COUNCIL DIRECTIVE 2001/88/EC of 23 October 2001 amending Directive 91/630/EEC laying down minimum standards for the protection of pigs 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 (1), Having regard to the opinion of the European Parliament (3), Having regard to the opinion of the Economic and Social Committee (3), After consulting the Committee of the Regions, Whereas: 1 The Protocol on protection and welfare of animals annexed to the Treaty requires that in formulating and implementing the Community agriculture policy, the Community and the Member States shall pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage. Pursuant to Article 6 of Council Directive 91/630/EEC (*), the Commission submitted a report on intensive pig-rearing systems taking into account in particular the welfare of sows reared in varying degrees of confinement and in groups and has made proposals for adjustments to the rules. Pigs, being live animals, are included in the list of products set out in Annex I to the Treaty. The opinion of the Scientific Veterinary Committee of 30 September 1997 concluded that pigs should benefit from an environment corresponding to their needs for exercise and investigatory behaviour and that the () OJ C 154 E, 29.5.2001, p. 114. (®) Opinion of the European Parliament of 14 June 2001 (not yet published in the Official Journal). () O] C 221, 7.8.2001, p. 74. () OJ L 340, 11.12.1991, p. 33. welfare of pigs appeared to be compromised by severe restrictions of space. (5)  Sows prefer to have social interactions with other pigs when provided with freedom of movement and environmental complexity. The current practice of keeping sows in continuous close confinement should therefore be prohibited. It is however appropriate to allow producers sufficient time to make the necessary structural changes to their production facilities. (6) A balance must be kept between the various aspects to be taken into consideration, as regarding welfare including health, economic and social considerations, and also environmental impact. (7 It is appropriate for the Commission to submit a new report taking into account further research and practical experience in order to improve further the welfare of pigs, in particular as regards aspects not covered by Directive 91/630/EEC. (8)  The measures necessary for the implementation of Directive 91/630/EEC 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 (°), HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 91/630/EEC is hereby amended as follows: 1. Article 3 shall be replaced by the following: ‘Article 3 Member States shall ensure as follows: () O] L 184, 17.7.1999, p. 23.