Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes

• Coming into Force: 08 August 1998
• End of Effective Date: 31 December 9999
• Celex Number: 31998L0058
• ELI: http://data.europa.eu/eli/dir/1998/58/oj
• Published date: 08 August 1998
• Date: 20 July 1998
• Official Gazette Publication: Gazzetta ufficiale delle Comunità europee, L 221, 08 agosto 1998,Journal officiel des Communautés européennes, L 221, 08 août 1998,Diario Oficial de las Comunidades Europeas, L 221, 08 de agosto de 1998

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Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes

Official Journal L 221 , 08/08/1998 P. 0023 - 0027

COUNCIL DIRECTIVE 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas all Member States have ratified the European Convention for the Protection of Animals Kept for Farming Purposes (hereinafter called 'the Convention`); whereas the Community has also approved this Convention by Decision 78/923/EEC (4) and has deposited its instrument of approval;

Whereas the Community, as a contracting party, must give effect to the principles laid down in the Convention;

Whereas those principles include the provision of housing, food, water and care appropriate to the physiological and ethological needs of the animals, in accordance with established experience and scientific knowledge;

Whereas it is also necessary for the Community to make further provision for the uniform application of the Convention and its recommendations and for specific rules concerning the application of this Directive;

Whereas the European Parliament, in its resolution of 20 February 1987 on animal welfare policy (5) called on the Commission to make proposals for Community rules covering general aspects of the rearing of livestock;

Whereas Declaration No 24 annexed to the Final Act of the Treaty on European Union calls on the European institutions and the Member States, when drafting and implementing Community legislation, in particular on the common agricultural policy, to pay full regard to the welfare requirements of animals;

Whereas differences which may distort conditions of competition interfere with the smooth running of the organisation of the market in animals;

Whereas there is therefore a need to establish common minimum standards for the protection of animals kept for farming purposes in order to ensure rational development of production and to facilitate the organisation of the market in animals; whereas to that end it is appropriate to take account of animal welfare provisions already laid down in Community rules;

Whereas a comparative examination of animal welfare provisions applicable in the Community and in certain non-member countries together with an appraisal thereof should be undertaken with a view to determining the nature of future Community initiatives aimed at eliminating distortions of competition,

HAS ADOPTED THIS DIRECTIVE:

Article 1

1. This Directive lays down minimum standards for the protection of animals bred or kept for farming purposes.

2. It shall not apply to:

(a) animals living in the wild;

(b) animals intended for use in competitions, shows, cultural or sporting events or activities;

(c) experimental or laboratory animals;

(d) any invertebrate animal.

3. This Directive shall apply without prejudice to specific Community rules laid down elsewhere, and in particular to Directives 88/166/EEC (6), 91/629/EEC (7) and 91/630/EEC (8), which shall continue to apply.

Article 2

For the purposes of this Directive the following definitions shall apply:

1. 'animal`: any animal (including fish, reptiles or amphibians) bred or kept for the production of food, wool, skin or fur or for other farming purposes;

2. 'owner` or 'keeper`: any natural or legal person or persons responsible for or in charge of animals whether on a permanent or temporary basis;

3. 'competent authority`: the 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 (9).

Article 3

Member States shall make provision to ensure that the owners or keepers take all reasonable steps to ensure the welfare of animals under their care and to ensure that those animals are not...