Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive laying down minimum standards for the protection of laying hens kept in various systems of rearing (COM(98)0135 C4-0196/98 98/0092(CNS)) (Consultation procedure)
7. 5. 1999 EN Official Journal of the European Communities C 128/71 Thursday 28 January 1999 4. Protection of laying hens * A4-0481/98 Proposal for a Council Directive laying down minimum standards for the protection of laying hens kept in various systems of rearing (COM(98)0135 › C4-0196/98 › 98/0092(CNS)) The proposal was approved with the following amendments: TEXT PROPOSED BY THE COMMISSION (*) AMENDMENTS BY PARLIAMENT (Amendment 50) Recital 8 Whereas, in derogation from the general requirements for the rearing of laying hens, the use of cages may be allowed to continue under certain conditions, including improved struc- tural and space requirements; Whereas the use of battery cages should be phased out as the Scientific Veterinary Committee has concluded that because of its small size and barrenness, the battery cage as used at present has inherent severe disadvantages for the welfare of hens; (Amendment 1) Recital 9a (new) Whereas it is also essential to strike a balance among all the factors involved, including pathological aspects and the socio-economic and environmental implications; (Amendment 2) Recital 11 Whereas Council Regulation (EC) No 950/97 on improving the efficiency of agricultural structures provides for investment aids aiming at adaptation of agricultural holdings; Whereas Council Regulation (EC) No 950/97 on improving the efficiency of agricultural structures provides for investment aids aiming at adaptation of agricultural holdings; whereas in order to preclude distortions of competition in the adapta- tion to the required new standards an additional aid system which is not dependent on production should be intro- duced; (Amendment 3) Recital 12 Whereas Council Regulation (EEC) 1907/90 on certain mar- keting standards for eggs lays down general rules for the labelling of eggs and egg-packs, whereas the Commission will make appropriate proposals to amend this Regulation to introduce mandatory labelling of table eggs produced in the Community replacing the actual optional approach concerning rearing systems; Whereas Council Regulation (EEC) 1907/90 on certain mar- keting standards for eggs lays down general rules for the labelling of eggs and egg-packs, whereas the Commission will make appropriate proposals to amend this Regulation to introduce mandatory labelling of table eggs and egg products produced in the Community replacing the actual optional approach concerning rearing systems; (*) OJ C 123, 22. 4. 1998, p. 15. C 128/72 EN Official Journal of the European Communities 7. 5. 1999 Thursday 28 January 1999 TEXT PROPOSED BY THE COMMISSION AMENDMENTS BY PARLIAMENT (Amendment 4) Recital 12a (new) Whereas, in the event of enlargement of the European Union, it needs to be ensured that this system of rules is applied in its entirety, following appropriate and harmon- ised transition periods, in the applicant states; (Amendment 5) Recital 12b (new) Whereas appropriate proposals must be made for amend- ment of Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs in order to ensure that in the case of imports of egg products produced outside the Community the eggs used therein are produced in accord- ance with the minimum standards for the protection of laying hens kept in various systems of rearing applicable in the Community; (Amendment 6) Recital 12c (new) Whereas beak-trimming is a mutilation which should be allowed for laying hens in certain rearing systems until less aggressive strains of laying hens have been bred, thereby making beak-trimming unnecessary; (Amendment 8) Article 2(4) 4. Battery cageí: any enclosed space intended for laying hens; 4. Conventional cageí: an enclosed space which cannot be entered by people intended for laying hens and equipped with feeding and drinking containers and an egg-laying area; (Amendment 9) Article 2(5) 5. Enriched cageí: a battery cage equipped with litter, perches and a nestbox. 5. Enriched cageí: a laying cage equipped with litter, perches and a nestbox. (Amendment 10) Article 2(5a) (new) 5a. Beak-trimmingí: the removal of the point of the upper and lower mandible; 7. 5. 1999 EN Official Journal of the European Communities C 128/73 Thursday 28 January 1999 TEXT PROPOSED BY THE COMMISSION AMENDMENTS BY PARLIAMENT (Amendment 11) Article 3(1), introduction 1. Member States shall ensure that from 1 January 1999, all newly built or rebuilt systems of rearing and all such systems of rearing brought into use for the first time, comply at least with the following requirements: 1. Member States shall ensure that from 1 January 2001, all newly built or rebuilt systems of rearing and all such systems of rearing brought into use for the first time, excluding those already covered by Directive 88/166/EEC, comply at least with the following requirements: (Amendment 12) Article 3(1)(a) (a) at least one individual nest, suitable for egg laying, shall be provided for eight laying hens or, if communal nests are used, at least 1 m2 of nest space for 100 birds. If the group size per unit is less than eight laying hens, then each unit shall have an individual nest; (a) at least one individual nest, suitable for egg laying, shall be provided for six laying hens or, if communal nests are used, at least 1 m2 of nest space for 100 birds. If the group size per unit is less than six laying hens, then each unit shall have an individual nest; the nests must contain litter or be covered with soft inlays such as artificial grass or rubber mats with raised surfaces; plastic bowls may also be used for individual nests; nestboxes or areas must be able to be sealed against possible contamination of the eggs; (Amendments 13 and 63) Article 3(1)(b) (b) adequate perching facilities, mounted at least 10 cm above ground or floor level, without sharp edges and providing at least 15 cm per bird, must be available for all hens. The horizontal distance between perches must be no more than 1 metre; (b) adequate perching facilities, mounted at least 10 cm above housing or tier level, without sharp edges and providing at least 18 cm per bird, must be available for all hens. The horizontal distance between perches must be no more than 1 metre; (Amendment 14) Article 3(1)(c) (c) litter must be provided so as to enable the birds to dustbath; (c) at least one third of the living area must be covered with litter so as to enable the birds to scratch, peck and dustbath. The litter must be maintained in a friable condition; (Amendment 15) Article 3(1)(e) (e) when continuous drinking troughs are used, each bird must have access to at least 10 cm of trough. When cups or nipple drinkers are used, at least 1 cup or nipple drinker must be provided for every 10 birds. If the group size is less than 10 birds at least two nipple drinkers or two drinking cups shall be within reach of that group; (e) when continuous drinking troughs are used, each bird must have access to at least 3 cm of trough and where circular drinking troughs are used there must be access of at least 1,5 cm. When cups or nipple drinkers are used, at least 1 cup or nipple drinker must be provided for every 10 birds. If the group size is less than 10 birds at least two nipple drinkers or two drinking cups shall be within reach of that group; C 128/74 EN Official Journal of the European Communities 7. 5. 1999 Thursday 28 January 1999 TEXT PROPOSED BY THE COMMISSION AMENDMENTS BY PARLIAMENT (Amendment 16) Article 3(2), introduction If systems of rearing are used where the birds can move 2. freely between different levels, or in single floor systems of rearing the following additional conditions to the requirements of paragraph 1 are met: If systems of rearing are used where the birds can move 2. freely between different levels the following additional condi- tions to the requirements of paragraph 1 shall be met: (Amendment 17) Article 3(2)(-a) (new) (-a) stocking density may not exceed 20 hens per m2 of floor surface area; nest areas are not to be included as part of the floor surface area; (Amendment 18) Article 3(2)(a) (a) in systems of rearing with different levels, the height (a) the height between the levels must be at least 50 cm; between the levels must be at least 50 cm; (Amendment 19) Article 3(2)(d) (d) at least half of the ground must be supplied with litter. The litter must be maintained in a friable condition and must be suitable for pecking, scratching and dustbathing. (d) at least one third of the floor surface area must be supplied with litter. (Amendment 20) Article 3(2a) (new) 2a. If single floor systems of rearing are used (a) derogations from paragraph 1(b) are permitted; (b) in addition to the requirements pursuant to paragraph 2(b) to (d), the stocking density may not exceed seven hens per m2 of floor surface area; nest areas are not to be included as part of the floor surface area; (Amendment 21) Article 3(3)(-a) (new) (-a) at least 800 cm2 of cage area measured in a horizontal plane which may be used without restriction shall be provided for each hen; 7. 5. 1999 EN Official Journal of the European Communities C 128/75 Thursday 28 January 1999 TEXT PROPOSED BY THE COMMISSION AMENDMENTS BY PARLIAMENT (Amendment 22) Article 3(3)(aa) (new) (aa) cages shall be provided with a fully-opening cage front or an equivalent opening in another part of the cage to prevent injuries to the birds; (Amendment 23) Article 3(3)(ab) (new) (ab) there shall be a minimum aisle width of 1 m between tiers of cages to facilitate inspection, installation and depopulation of birds; (Amendment 62) Article 3(4) The use of battery cages shall be prohibited from 4. 1 January 2009. 4. Without prejudice to Article 9 Member States may authorise derogations from points (a), and (c) of paragraph 1 in order to permit the use of battery cages if the following conditions are met: (a) at least 800 cm2 of cage area, measured in a horizontal plane which may be used without restriction, shall be provided for each hen; (b) cages shall be at least 50 cm high at any point; (c) cages shall be fitted with claw shortening devices approved by the competent authorities and suitable perches; (d) cages shall be provided with a fully-opening cage front or an equivalent opening in another part of the cage to prevent injuries to the birds; (e) there shall be a minimum aisle width of 1 m between tiers of cages to facilitate inspection, installation and depopu- lation of birds; (f) the floor slope shall not exceed 14% or 8°. In the case of floors using other than rectangular wire mesh, Member States may permit steeper slopes; (g) the birds shall not have their beak trimmed. (Amendment 32) Article 4(1), introduction 1. Member States may allow until 31 December 2008 the use of battery cages which are in use at 1 January 1999 and which are not yet older than 10 years, provided that they comply at least with the following requirements: 1. Member States may allow until 31 December 2010 the use of conventional cages which are in use at 1 January 2001 and which are not yet older than 10 years, provided that they comply at least with the following requirements: C 128/76 EN Official Journal of the European Communities 7. 5. 1999 Thursday 28 January 1999 TEXT PROPOSED BY THE COMMISSION AMENDMENTS BY PARLIAMENT (Amendment 33) Article 4(2) Battery cages which are on 1 January 1999 more than 10 2. years old may be authorised by the competent authority on a case by case basis for a period which shall under no circumstances extend beyond 31 December 2003, and pro- vided that they comply at least with the requirements as laid down in paragraph 1. Conventional cages which are on 1 January 2001 more 2. than 10 years old may be authorised by the competent authority on a case by case basis for a period which shall under no circumstances extend beyond 31 December 2005, and pro- vided that they comply at least with the requirements as laid down in paragraph 1. (Amendment 34) Article 4(3) However, from 1 January 2004 the required space per hen 3. as laid down in paragraph 1(a) of this Article shall be increased to at least 550 cm2 per hen. However, from 1 January 2006 the required space per hen 3. as laid down in paragraph 1(a) of this Article shall be increased to at least 550 cm2 per hen. (Amendment 35) Article 6(3) 3. Every two years, by the last working day in April and for the first time by 30 April 2001, Member States shall inform the Commission of the results of the inspections carried out during the previous two years in accordance with this Article, including the number of inspections carried out in relation to the number of holdings in their territory. 3. Every two years, by the last working day in April and for the first time by 30 April 2003, Member States shall inform the Commission of the results of the inspections carried out during the previous two years in accordance with this Article, including the number of inspections carried out in relation to the number of holdings in their territory. This report shall be available to the public. (Amendment 36) Article 7, first paragraph Veterinary experts from the Commission may, where necess- ary for the uniform application of this Directive, carry out on-the-spot checks in co-operation with the competent authori- ties. The persons carrying out these checks shall implement any special personal hygiene measures necessary to exclude any risk of transmission of disease. Veterinary experts from the Commission shall, in order to guarantee compliance with and uniform application of this Directive by the Member States, carry out on-the-spot checks regularly and in an appropriate manner in co-operation with the competent authorities. The persons carrying out these checks shall implement any special personal hygiene measures necessary to exclude any risk of transmission of disease. The Commission shall draw up reports regularly on the results of the inspections. These reports shall be forwarded to the Council and the European Parliament and shall be available to the public. (Amendment 70) Article 7a (new) Article 7a In order to avoid distortions of competition during the adaptation to the new required standards and in order to encourage a speedy adaptation to a more welfare-friendly method of production, the Commission shall, on the basis of 7. 5. 1999 EN Official Journal of the European Communities C 128/77 Thursday 28 January 1999 TEXT PROPOSED BY THE COMMISSION AMENDMENTS BY PARLIAMENT a report, submit a proposal for an additional aid system which is independent of production, lasts for a limited period, is degressive and complies with at least one of the following conditions: › › it does not lead to an increase in the total production of a region; it does not lead to an increase in the production of a holding. (Amendment 38) Article 7b (new) Article 7b The same animal welfare, veterinary and hygiene stan- dards shall apply to imports from third countries. The gen- eral implementing provisions for this article shall be enacted under the procedure set out in Article 8. (Amendments 39 and 65) Article 9, first paragraph Not later than 1 January 2006, the Commission shall submit to the Council and to the Parliament a report, drawn up on the basis of an opinion from the Scientific Veterinary Committee, on the systems of rearing for keeping laying hens which comply with the requirements of the welfare of laying hens from the pathological, zootechnical, physiological, behaviou- ral and socio-economic point of view, together with appro- priate proposals to phase out those systems of rearing which do not meet these requirements. Not later than 1 January 2008, the Commission shall submit to the Council and to the Parliament a report, drawn up on the basis of an opinion from the Scientific Veterinary Committee, on the systems of rearing for keeping laying hens which comply with the requirements of the welfare of laying hens from the pathological, zootechnical, physiological, behaviou- ral and socio-economic point of view, together with appro- priate proposals to phase out those systems of rearing which do not meet these requirements and to encourage the adoption of alternative free range systems of rearing. (Amendment 40) Article 10 Council Directive 88/166/EEC is repealed with effect from 1 January 1999. Council Directive 88/166/EEC is repealed with effect from 1 January 2001. (Amendment 41) Article 11(1), first subparagraph 1. Member States shall bring into force the laws, regulations and administrative provisions, necessary to comply with this Directive before 1 January 1999. They shall forthwith inform the Commission thereof. 1. Member States shall bring into force the laws, regulations and administrative provisions, necessary to comply with this Directive before 1 January 2001. They shall forthwith inform the Commission thereof. (Amendment 42) Annex (3) The insulation, heating and ventilation of the building 3. must ensure that the air circulation, dust level, temperature, relative air humidity and gas concentrations are kept within limits which are not harmful to the birds. The insulation, heating and ventilation of the building 3. must ensure that the air circulation, dust level, temperature, relative air humidity and gas concentrations are kept within limits which are not harmful to the birds and the people working in the building. C 128/78 EN Official Journal of the European Communities 7. 5. 1999 Thursday 28 January 1999 TEXT PROPOSED BY THE COMMISSION AMENDMENTS BY PARLIAMENT (Amendment 43) Annex (5), first subparagraph 5. The birds must not be kept permanently in darkness. To meet their behavioural and physiological needs, provision must be made, allowing for the different climatic conditions in the Member States, for appropriate natural or artificial lighting; if the latter, it must function for a period at least equivalent to the period of natural light normally available between 9 a. m. and 5 p. m. In addition, suitable lighting (fixed or portable) strong enough to allow the birds to be inspected at any time must be available. However, in the case of artificial lighting, the poultry must have an appropriate resting period each day during which the light intensity must be reduced in such a way that the poultry can rest properly. 5. The birds must not be kept permanently in darkness. To meet their behavioural and physiological needs, provision must be made, allowing for the different climatic conditions in the Member States, for appropriate natural or artificial lighting; if the latter, it must function for a period at least equivalent to the period of natural light normally available between 9 a. m. and 5 p. m. In addition, suitable lighting (fixed or portable) strong enough to allow the birds to be inspected at any time must be available. The lighting strength must be at least 20 Lux, measured at the eye-level of the birds. However, in the case of artificial lighting, the poultry must have an appropriate resting period each day during which the light intensity must be reduced in such a way that the poultry can rest properly. In floor pens light intensity has to be kept constant. Deleted (Amendment 44) Annex (5), second subparagraph Legislative resolution embodying Parliamentís opinion on the proposal for a Council Directive laying down minimum standards for the protection of laying hens kept in various systems of rearing (COM(98)0135 › C4-0196/98 › 98/0092(CNS)) (Consultation procedure) The European Parliament, › having regard to the Commission proposal to the Council, COM(98)0135 › 98/0092(CNS) (1), › having been consulted by the Council pursuant to Article 43 of the EC Treaty (C4-0196/98), › having regard to Rule 58 of its Rules of Procedure, › having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on the Environment, Public Health and Consumer Protection (A4-0481/98), 1. Approves the Commission proposal, subject to Parliamentís amendments; Calls on the Council to notify Parliament should it intend to depart from the text approved by 2. Parliament; Asks to be consulted again should the Council intend to make substantial modifications to the 3. Commission proposal; 4. Instructs its President to forward this opinion to the Council and Commission. (1) OJ C 123, 22. 4. 1998, p. 15