51998AP0481

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:

(Amendment 50)

Recital 8

>Original text>

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 structural and space requirements;

>Text following EP vote>

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)

>Original text>

>Text following EP vote>

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

>Original text>

Whereas Council Regulation (EC) No 950/97 on improving the efficiency of agricultural structures provides for investment aids aiming at adaptation of agricultural holdings;

>Text following EP vote>

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 adaptation to the required new standards an additional aid system which is not dependent on production should be introduced;

(Amendment 3)

Recital 12

>Original text>

Whereas Council Regulation (EEC) 1907/90 on certain marketing 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;

>Text following EP vote>

Whereas Council Regulation (EEC) 1907/90 on certain marketing 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;

(Amendment 4)

Recital 12a (new)

>Original text>

>Text following EP vote>

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 harmonised transition periods, in the applicant states;

(Amendment 5)

Recital 12b (new)

>Original text>

>Text following EP vote>

Whereas appropriate proposals must be made for amendment 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 accordance 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)

>Original text>

>Text following EP vote>

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)

>Original text>

4. 'Battery cage': any enclosed space intended for laying hens;

>Text following EP vote>

4.

'Conventional cage': 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)

>Original text>

5. 'Enriched cage': a battery cage equipped with litter, perches and a nestbox.

>Text following EP vote>

5.

'Enriched cage': a laying cage equipped with litter, perches and a nestbox.

(Amendment 10)

Article 2(5a) (new)

>Original text>

>Text following EP vote>

5a. 'Beak-trimming': the removal of the point of the upper and lower mandible;

(Amendment 11)

Article 3(1), introduction

>Original text>

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:

>Text following EP vote>

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)

>Original text>

(a) at least one individual nest, suitable for egg laying, shall be provided for 8 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 8 laying hens, then each unit shall have an individual nest;

>Text following EP vote>

(a)

at least one individual nest, suitable for egg laying, shall be provided for 6 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 6 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;

>Original text>

>Text following EP vote>

(Amendments 13 and 63)

Article 3(1)(b)

>Original text>

(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;

>Text following EP vote>

(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)

>Original text>

(c) litter must be provided so as to enable the birds to dustbath;

>Text following EP vote>

(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)

>Original text>

(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;

>Text following EP vote>

(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;

(Amendment 16)

Article 3(2), introduction

>Original text>

2. If systems of rearing are used where the birds can move freely between different levels, or in single floor systems of rearing the following additional conditions to the requirements of paragraph 1 are met:

>Text following EP vote>

2.

If systems of rearing are used where the birds can move freely between different levels the following additional conditions to the requirements of paragraph 1 shall be met:

(Amendment 17)

Article 3(2)(-a) (new)

>Original text>

>Text following EP vote>

(-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)

>Original text>

(a) in systems of rearing with different levels, the height between the levels must be at least 50 cm;

>Text following EP vote>

(a)

the height between the levels must be at least 50 cm;

(Amendment 19)

Article 3(2)(d)

>Original text>

(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.

>Text following EP vote>

(d)

at least one third of the floor surface area must be supplied with litter.

(Amendment 20)

Article 3(2a) (new)

>Original text>

>Text following EP vote>

2a. If single floor systems of rearing are used

>Original text>

>Text following EP vote>

(a) derogations from paragraph 1(b) are permitted;

>Original text>

>Text following EP vote>

(b) in addition to the requirements pursuant to paragraph 2(b) to (d), the stocking density may not exceed 7 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)

>Original text>

>Text following EP vote>

(

-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;

(Amendment 22)

Article 3(3)(aa) (new)

>Original text>

>Text following EP vote>

(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)

>Original text>

>Text following EP vote>

(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)

>Original text>

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:

>Text following EP vote>

4. The use of battery cages shall be prohibited from 1 January 2009.

>Original text>

(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;

>Text following EP vote>

>Original text>

(b) cages shall be at least 50 cm high at any point;

>Text following EP vote>

>Original text>

(c) cages shall be fitted with claw shortening devices approved by the competent authorities and suitable perches;

>Text following EP vote>

>Original text>

(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;

>Text following EP vote>

>Original text>

(e) there shall be a minimum aisle width of 1 m between tiers of cages to facilitate inspection, installation and depopulation of birds;

>Text following EP vote>

>Original text>

(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;

>Text following EP vote>

>Original text>

(g) the birds shall not have their beak trimmed.

>Text following EP vote>

(Amendment 32)

Article 4(1), introduction

>Original text>

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:

>Text following EP vote>

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:

(Amendment 33)

Article 4(2)

>Original text>

2. Battery cages which are on 1 January 1999 more 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 2003, and provided that they comply at least with the requirements as laid down in paragraph 1.

>Text following EP vote>

2. Conventional cages which are on 1 January 2001 more 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 provided that they comply at least with the requirements as laid down in paragraph 1.

(Amendment 34)

Article 4(3)

>Original text>

3. However, from 1 January 2004 the required space per hen as laid down in paragraph 1(a) of this Article shall be increased to at least 550 cm2 per hen.

>Text following EP vote>

3.

However, from 1 January 2006 the required space per hen 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)

>Original text>

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.

>Text following EP vote>

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, 1st paragraph

>Original text>

Veterinary experts from the Commission may, where necessary for the uniform application of this Directive, carry out on-the-spot checks 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.

>Text following EP vote>

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.

>Original text>

>Text following EP vote>

(Amendment 70)

Article 7a (new)

>Original text>

>Text following EP vote>

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 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)

>Original text>

>Text following EP vote>

Article 7b

The same animal welfare, veterinary and hygiene standards shall apply to imports from third countries. The general implementing provisions for this article shall be enacted under the procedure set out in Article 8.

(Amendments 39 and 65)

Article 9, 1st paragraph

>Original text>

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, behavioural and socio-economic point of view, together with appropriate proposals to phase out those systems of rearing which do not meet these requirements.

>Text following EP vote>

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, behavioural and socio-economic point of view, together with appropriate 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

>Original text>

Council Directive 88/166/EEC is repealed with effect from 1 January 1999.

>Text following EP vote>

Council Directive 88/166/EEC is repealed with effect from 1 January

2001.

(Amendment 41)

Article 11(1), 1st subparagraph

>Original text>

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.

>Text following EP vote>

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)

>Original text>

3. The insulation, heating and ventilation of the building 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.

>Text following EP vote>

3.

The insulation, heating and ventilation of the building 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.

(Amendment 43)

Annex (5), 1st subparagraph

>Original text>

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.

>Text following EP vote>

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.

(Amendment 44)

Annex (5), 2nd subparagraph

>Original text>

In floor pens light intensity has to be kept constant.

>Text following EP vote>

Deleted

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)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(98)0135 - 98/0092(CNS) ((OJ C 123, 22.4.1998, p. 15.)),

- 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 Parliament's amendments;

2. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

3. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

4. Instructs its President to forward this opinion to the Council and Commission.