10. 4. 86 Official Journal of the European Communities No L 95/45 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE of 25 March 1986 laying down minimum standards for the protection of laying hens kept in battery cages (86/113/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 43 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 Economic and Social Committee (%), ‘ Whereas eggs are covered by a common organization of the market; whereas the rules on the conditions under which egg production takes place, in particular with regard to the keeping of hens, are of major importance as far as the operation of the market organization is concerned ; whereas differences between the rules applied by Member States may lead to distortion of competition which may interfere with the smooth running of the market organization concerned; Whereas the keeping of laying hens in battery cages is the most widely used means of egg production in the Community and makes a very large contribution to the high productivity of this sector ; whereas the fact that this means of housing may, in certain cases, lead to unneces- sary and excessive suffering on the part of the animals has led Member States to introduce differing rules with regard to certain aspects of the type of production concerned, in particular the size of the cages; Whereas there is therefore a need to establish priority parameters and to define common minimum require- ments applicable in order to overcome existing problems and enable the market organization to operate more () OJ No C 125, 17. 5. 1982, p. 183. () OJ No C 343, 31. 12. 1981, p. 48. satisfactorily, in particular with regard to Article 39 of the Treaty, while bearing in mind the need to protect animals ; Whereas provision should be made for introducing Community control measures in order to ensure that the provisions of this Directive are effective ; Whereas, to provide the basis for further Community measures, the studies on poultry protection must be continued, not only as regards the keeping of poultry in battery cages but also in possible alternative systems of housing ; Whereas, in certain Member States, the adjustment of existing structures to the standards laid down by this Directive will entail a reduction in production ; whereas such adjustment should therefore be facilitated under the conditions laid down in this Directive without creating structural and market imbalances, HAS ADOPTED THIS DIRECTIVE : Article 1 This Directive lays down the minimum standards for the protection of laying hens kept in battery cages. Article 2 For the purpose of this Directive : 1. ‘Laying hens’ means adult hens of the species Gallus gallus which are kept for egg production. 2. ‘Battery cage’ means any enclosed space intended for laying hens in a battery system. 3. ‘Battery system’ means an arrangement of cages beside and/or on top of each other.