12.7.2007 Official Journal of the European Union L 18219 DIRECTIVES COUNCIL DIRECTIVE 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production (Text with EEA relevance) 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 (2), Having consulted the Committee of the Regions, Whereas: (1) The Protocol on protection and welfare of animals annexed to the Treaty establishing the European Community requires that in formulating and imple- menting agriculture policies, the Community and the Member States are to 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. Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes (?), drawn up on the basis of the European Convention for the Protection of Animals kept for Farming Purposes (%) (hereinafter referred to as the Convention) lays down minimum standards for the protection of animals bred or kept for farming purposes including provisions on housing, food, water and care appropriate to the physio- logical and ethological needs of the animals. (") Opinion delivered on 14 February 2006 (not yet published in the Official Journal). (%) Opinion delivered on 26 October 2005 (not yet published in the Official Journal). () OJ L 221, 8.8.1998, p. 23. Directive as amended by Regulation (EC) No 806/2003 (O] L 122, 16.5.2003, p. 1). () OJ L 323,17.11.1978, p. 14. Convention as amended by a Protocol of amendment (OJ L 395, 31.12.1992, p. 22). G) The Community is a party to the Convention and a specific Recommendation concerning domestic fowl (Gallus gallus) which includes additional provisions for poultry kept for meat production has been adopted within the framework of the convention. The report of the Scientific Committee on Animal Health and Animal Welfare of 21 March 2000 on the Welfare of Chickens Kept for Meat Production (Broilers) concluded that the fast growth rate of chicken strains currently used for this purpose is not accompanied by a satisfactory level of animal welfare and health, and that the negative effects of high stocking rates are reduced in buildings where good indoor climatic conditions can be sustained. Specific provision for non-littered areas, to minimise the influence of genetic parameters or to include welfare indicators in addition to foot-pad dermatitis, will be made when the relevant opinions of the European Food Safety Authority (EFSA) are available. It is necessary to establish rules at Community level for the protection of chickens kept for meat production in order to avoid distortions of competition that may interfere with the smooth running of the common market organisation in that sector and also to ensure the rational development of the sector. In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic  objective of introducing animal  welfare improvements in the intensive farming of chickens to lay down minimum rules for the protection of chickens for meat production. This Directive does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty. The rules should focus on the welfare problems in intensive farming systems. In order to avoid dispropor- tionate measures applicable to the keeping of small flocks of chickens, a minimum threshold for the application of this Directive should be set.