(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2008/2009 marketing year are fixed by Commission Regulation (EC) No 945/2008 (3). These prices and duties have been last amended by Commission Regulation (EC) No 118/2009 (4).

(2)

The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

(1)

Council Directive 91/630/EEC of 19 November 1991 laying down minimum standards for the protection of pigs (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Directive should be codified.

(2)

Most Member States have ratified the European Convention for the protection of animals kept for farming purposes. The Community has also approved this Convention by Council Decision 78/923/EEC (4).

(3)

Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes (5) establishes Community provisions applying to all farmed animals in relation to construction requirements for animal housing, insulation, heating and ventilation conditions, equipment inspection and inspection of livestock. It is therefore necessary to deal with these matters in this Directive when more detailed requirements have to be established.

(4)

Pigs, being live animals, are included in the list of products set out in Annex I to the Treaty.

(5)

The keeping of pigs is an integral part of agriculture. It constitutes a source of revenue for part of the agricultural population.

(6)

Differences which may distort conditions of competition interfere with the smooth running of the organisation of the common market in pigs and pig products.

(7)

There is therefore a need to establish common minimum standards for the protection of pigs kept for rearing and fattening in order to ensure rational development of production.

(8)

Pigs should benefit from an environment corresponding to their needs for exercise and investigatory behaviour. The welfare of pigs appears to be compromised by severe restrictions of space.

(9)

When pigs are kept in groups, appropriate management measures for their protection should be taken to improve their welfare.

(10)

Sows prefer to have social interactions with other pigs when provided with freedom of movement and environmental complexity. Keeping sows in continuous close confinement should therefore be prohibited.

(11)

Tail-docking, tooth-clipping and tooth-grinding are likely to cause immediate pain and some prolonged pain to pigs. Castration is likely to cause prolonged pain which is worse if there is tearing of the tissues. Those practices are therefore detrimental to the welfare of pigs, especially when carried out by incompetent and inexperienced persons. As consequence, rules should be laid down to ensure better practices.

(12)

A balance should be kept between the various aspects to be taken into consideration, as regarding welfare including health, economic and social considerations, and also environmental impact.

(13)

It is necessary for official services, producers, consumers and others to be kept informed of developments in this field. The Commission should therefore, on the basis of an opinion from the European Food Safety Authority, actively pursue scientific research into the best pig-rearing system(s) from the point of view of pig welfare. Provision should accordingly be made for an interim period to enable the Commission to complete this task successfully.

(14)

The measures necessary for the implementation of this Directive 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 (6).

(15)

This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex II, Part B,

1.

‘pig’ means an animal of the porcine species, of any age, kept for breeding or fattening;

2.

‘boar’ means a male pig after puberty, intended for breeding;

3.

‘gilt’ means a female pig after puberty and before farrowing;

4.

‘sow’ means a female pig after the first farrowing;

5.

‘farrowing sow’ means a female pig between the perinatal period and the weaning of the piglets;

6.

‘dry pregnant sow’ means a sow between weaning her piglets and the perinatal period;

7.

‘piglet’ means a pig from birth to weaning;

8.

‘weaner’ means a pig from weaning to the age of 10 weeks;

9.

‘rearing pig’ means a pig from 10 weeks to slaughter or service;

10.

‘competent authority’ means a competent authority within the meaning of Article 2(6) of Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (7).

(a)

any person who employs or engages persons to attend to pigs ensures that the person attending to the animals has received instructions and guidance on the relevant provisions of Article 3 and Annex I;

(b)

appropriate training courses are available. In particular such training courses must focus on welfare aspects.