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Council Directive 98/58/ECShow full title

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

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Changes over time for: Council Directive 98/58/EC (without Annexes)

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EU Directives are published on this site to aid cross referencing from UK legislation. Since IP completion day (31 December 2020 11.00 p.m.) no amendments have been applied to this version.

Article 1U.K.

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(1), 91/629/EEC(2) and 91/630/EEC(3), which shall continue to apply.

Article 2U.K.

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.

‘[F1competent authorities’ means competent authorities as defined in Article 3(3) of Regulation [X1(EU) 2017/625] of the European Parliament and of the Council] (4)

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Textual Amendments

Article 3U.K.

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 caused any unnecessary pain, suffering or injury.

Article 4U.K.

Members States shall ensure that the conditions under which animals (other than fish, reptiles or amphibians) are bred or kept, having regard to their species and to their degree of development, adaptation and domestication, and to their physiological and ethological needs in accordance with established experience and scientific knowledge, comply with the provisions set out in the Annex.

Article 5U.K.

1.The Commission shall submit to the Council any proposals which may be necessary for the uniform application of the European Convention for the Protection of Animals Kept for Farming Purposes and, on the basis of a scientific evaluation, any recommendations made under this Convention and any other appropriate specific rules.

2.In addition, every five years and for the first time five years after the date of entry into force of this Directive, the Commission, on the basis of experience acquired since the implementation of this Directive, in particular concerning the measures referred to in paragraph 1 and technical and scientific developments, shall submit to the Council a report, accompanied by any appropriate proposals taking into account the report's conclusions.

3.The Council shall act by qualified majority on these proposals.

Article 6U.K.

F21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12. Member States shall submit to the Commission by 31 August each year an annual report for the previous year on the inspections carried out by the competent authority to check compliance with the requirements of this Directive. The report shall be accompanied by an analysis of the most serious findings of non–compliance and a national action plan to prevent or decrease their occurrence for the forthcoming years. The Commission shall submit summaries of those reports to the Member States.]

3.The Commission shall before 1 July 1999, in accordance with the procedure laid down in Article 9 submit proposals with a view to harmonising:

[F2(a) the inspections required under paragraph 1;]

(b)the format, content and frequency of submission of the reports referred to in paragraph 2.

Textual Amendments

F2Article 7U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 8U.K.

1.Before 30 June 1999 the Commission shall submit to the Council a report on:

  • the comparison between animal welfare provisions in the Community and in non-member countries which supply the Community,

  • the scope for obtaining wider international acceptance of the welfare principles laid down in this Directive, and

  • the extent to which Community objectives in relation to animal welfare may be liable to be undermined as a result of competition from non-member countries which do not apply equivalent standards.

2.The report referred to in paragraph 1 shall be accompanied by any necessary proposals with the aim of eliminating distortions of competition.

[F3Article 9 U.K.

1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health set up pursuant to Article 58 of Regulation (EC) No 178/2002 (5) .

2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC (6) shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3. The Committee shall adopt its Rules of Procedure.]

Textual Amendments

Article 10U.K.

1.Member States shall bring into force the laws, regulations and administrative provisions, including any sanctions, necessary to comply with this Directive not later than 31 December 1999, subject to any different decision taken by the Council in the light of the report referred to in Article 8. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.However, after 31 December 1999, Member States may, in compliance with the general rules of the Treaty, maintain or apply within their territories stricter provisions for the protection of animals kept for farming purposes than those laid down in this Directive. They shall inform the Commission of any such measures.

3.Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.

Article 11U.K.

This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.

Article 12U.K.

This Directive is addressed to the Member States.

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