3.8.1999 Official Journal of the European Communities L 203/53 COUNCIL DIRECTIVE 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens 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 Economic and Social Committee (%), Whereas: (1)  On 7 March 1988 the Council adopted Directive 88/166/EEC () 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); (2)  Article 9 of Directive 88/166/EEC requires the Commis- sion to submit, before 1 January 1993, a report on scientific developments regarding the welfare of hens under various systems of rearing and on the provisions in the Annex to the Directive, accompanied by any appropriate adjustment proposals; (3)  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, lays down Community provisions designed to give effect to the principles laid down in the Convention, which include the provision of housing, food, water and care appropriate to the physiological and ethological needs of the animals; 4 In 1995 the Standing Committee of the European Convention for the Protection of Animals kept for Farming Purposes adopted a detailed recommendation, which includes laying hens; (5)  The protection of laying hens is a matter of Community competernce; (6)  Differences which may distort conditions of competition interfere with the smooth running of the organisation of the market in animals and animal products; (7 The Commission report referred to in recital 2, based on an opinion from the Scientific Veterinary Committee, concludes that the welfare conditions of hens kept in current battery cages and in other systems of rearing are 157, 4.6.1999, p. 8. 128, 7.5.1999, p. 78. 101, 12.4.1999. 74, 19.3.1988, p. 83. 221, 8.8.1998, p. 23. L[LrLee NN N inadequate and that certain of their needs cannot be met in such cages; the highest possible standards should therefore be introduced, in the light of various para- meters to be considered in order to improve those conditions; (8) However, for a period to be determined, the use of unenriched cage systems may be continued under certain conditions, including improved structural and space requirements; (9 A balance must be kept between the various aspects to be taken into consideration, as regards both welfare and health, economic and social considerations, and also environmental impact; (10) It is appropriate, while studies on the welfare of laying hens in various systems of rearing are carried out, to adopt provisions that allow the Member States to choose the most appropriate system or systems; (11)  The Commission must submit a new report together with appropriate proposals that take account of that report; (12)  Directive 88/166/EEC should therefore be repealed and replaced, HAS ADOPTED THIS DIRECTIVE: Atrticle 1 1. This Directive lays down minimum standards for the protection of laying hens. 2. This Directive shall not apply to: — establishments with fewer than 350 laying hens, — establishments rearing breeding laying hens. Such establishments shall, however, continue to be subject to the relevant requirements of Directive 98/58/EC. Article 2 1. The definitions in Article 2 of Directive 98/58/EC shall apply where necessary. 2. In addition, the following definitions shall apply for the purpose of this Directive: (a) laying hens’ means: hens of the species Gallus gallus which have reached laying maturity and are kept for production of eggs not intended for hatching;