Category Archives: P

Public passenger transport service by rail and road

Public passenger transport service by rail and road

Outline of the Community (European Union) legislation about Public passenger transport service by rail and road

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Competition > Rules applicable to specific sectors > Competition in transport

Public passenger transport service by rail and road

Document or Iniciative

Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road, and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70

Summary

Public service compensation may be necessary to ensure the provision of services of general economic interest (SGEI) and guarantee safe, efficient, attractive and high quality passenger transport.

This Regulation applies to regular and non-limited access, national and international public passenger transport services by rail and other track-based modes and by road.

Public service contracts and general rules

The competent authority * is obliged to conclude a public service contract with the operator to which it grants an exclusive right and/or compensation in exchange for discharging public service obligations * (PSO). Obligations which aim to establish maximum tariffs for all or certain categories of passengers may be subject to general rules.

To define the framework for the competent authority, the latter grants compensation for the net positive or negative financial impact on costs and revenue occasioned by compliance with the pricing obligations established in the general rules.

The public service contracts * and general rules define:

  • the PSO to be fulfilled by the operator and the areas concerned;
  • the parameters based on which compensation must be calculated and the nature and scope of all exclusive rights granted to avoid any overcompensation;
  • the means of distributing the costs linked to service supply (staff costs, energy, infrastructure, maintenance, etc.);
  • the means of distributing income from the sale of transport tickets between the operator and the competent authority.

The duration of public service contracts is limited and must not exceed ten years for bus and coach services, and fifteen years for passenger transport services by rail or other track-based modes. This period may be extended by up to 50 % under certain conditions.

Awarding of public service contracts

Public service contracts are awarded according to the rules laid down in this Regulation. However, for awarding certain passenger transport services by bus or tram, the procedures of Directives 2004/17/EC and 2004/18/EC apply.

Subject to certain reservations detailed in Article 5 of the Regulation, local authorities may provide public transport services themselves or assign them to an internal operator over which they have control comparable to that over their own services.

Any competent authority who uses a third party other than an internal operator must award public service contracts by means of transparent and non-discriminatory competitive procedures which may be subject to negotiation.

The obligation to instigate competitive procedures does not apply to:

  • low level contracts, the average annual value of which is estimated at less than EUR 1 000 000 or which supply less than 300 000 kilometres of public passenger transport services;
  • where emergency measures are taken or contracts are imposed in response to actual or potential service interruptions;
  • regional or long distance rail transport.

Terms and conditions

The Member States have three months to provide the Commission with all the information necessary to determine whether the compensation allocated is compatible with this Regulation.

Each competent authority must publish a global annual report on the public service obligations incumbent on them and the resultant compensation received by them.

One year prior to any competitive procedure, the competent authority must ensure that the following information is published in the Official Journal of the European Union: name and contact details of the competent authority, type of allocation proposed and services and territories likely to be affected.

The Member States must gradually come into line with the Regulation, with the end of the transition period fixed at 3 December 2019.

Background

This Regulation forms part of the objectives in the Commission’s white paper of 12 September 2001 entitled “European transport policy for 2010: time to decide” and repeals Regulations (EEC) No 1191/61 and (EEC) No 1107/70.

Key terms used in the act
  • Competent authority: any public authority or group of public authorities in one or more Member States which can intervene in public passenger transport in a given geographical area, or any body invested with such power;
  • Public service obligation: requirement defined or determined by a competent authority to guarantee general interest services in terms of passenger transport which an operator, in considering its own commercial interest, would not assume or would not ensure in the same measure or under the same conditions, without compensation;
  • Public service contract: all arrangements made between one or more transport operators with one or more responsible authorities for all the rights and obligations of the service in question, including any unilateral public acts.

Reference

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1370/2007 3.12.2009 OJ L 315 of 3.12.2007

Partnerships with countries in the South Asian Association for Regional Cooperation

Partnerships with countries in the South Asian Association for Regional Cooperation

Outline of the Community (European Union) legislation about Partnerships with countries in the South Asian Association for Regional Cooperation

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Relations with third countries > Asia

Partnerships with countries in the South Asian Association for Regional Cooperation (SAARC)

Document or Iniciative

Council Decisions 94/578/EC, 95/129/EC, 96/354/EC, 2001/332/EC and 2004/870/EC concerning the conclusion of the cooperation agreements between the European Community, of the one part, and of the other part, the Republic of India, the Democratic Socialist Republic of Sri Lanka, the Kingdom of Nepal, the People’s Republic of Bangladesh and the Islamic Republic of Pakistan, respectively.

Summary

Between 1994 and 2004, the European Union (EU) concluded five similar cooperation agreements with five countries of the South Asian Association for Regional Cooperation (SAARC): Bangladesh, India, Nepal, Pakistan and Sri Lanka.

These agreements aim to develop the cooperation ties between the partners, while ensuring a respect for human rights and promoting democratic principles.

The main cooperation objectives concern:

  • trade, with the aim of increasing, diversifying and liberalising trade. Therefore, the parties must improve the opening up of their respective markets, and enhance their cooperation in customs matters in accordance with the principles of the World Trade Organization (WTO);
  • economy, in order to improve the business environment, dialogue between economic operators, information exchange, and entrepreneur training;
  • sustainable development, specifically for social progress and combating poverty. The EU must support the progress of partners in the fields of health, education, improving the standard of living, and promoting the role of women in society;
  • the development of human resources, vocational qualifications and the promotion of international standards on decent work;
  • rural development, increasing trade in agricultural, fisheries and farmed products, including the improvement of sanitary and phytosanitary measures.

The Agreements also provide specific objectives depending on the different needs of the country for:

  • scientific and technological cooperation, which should lead to improvements in the technical assistance with Pakistan and Sri Lanka, Bangladesh’s quality and control standards, and the launching of joint research projects, the mobility of researchers, and exchanges of scientific information (particularly in the fields of bio-technology, new materials and geosciences) with India;
  • environmental protection, particularly to support Pakistan and Nepal in natural resource management, erosion and deforestation; Bangladesh for reducing the risks of natural disasters; Sri Lanka for preventing industrial pollution, and India for drafting and implementing environmental legislation, research and training;
  • improving the environment for private investment with India, Nepal and Sri Lanka;
  • developing industry and services with India and Pakistan;
  • protecting intellectual property rights with India and Sri Lanka;
  • cooperation in the fields of information, culture and communications with Pakistan and Bangladesh;
  • promoting the energy sector with India, Pakistan and Nepal, recognising the importance of the energy sector for their economic and social development;
  • combating drug trafficking and money laundering, particularly with Pakistan and Bangladesh using special measures against the production and trafficking of drugs, and also the prevention of drug abuse;
  • tourism with India, Pakistan and Sri Lanka, particularly through studies and information exchange.

Context

SAARC is a regional cooperation organisation, established in 1985 in order to accelerate the economic and social development of its Member States. These Member States are Afghanistan, Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan and Sri Lanka. The EU has observer member status in the organisation, as does Burma/Myanmar, China, South Korea, the United States, Iran, Japan and Mauritius.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 94/578/EC Republic of India

1.8.1994

OJ L 223 of 27.8.1994

Decision 95/129/EC the Democratic Socialist Republic of Sri Lanka

1.4.1995

OJ L 85 of 19.4.1995

Decision 2004/870/EC, Islamic Republic of Pakistan

1.9.2004

OJ L 378 of 23.12.2004

Decision 2001/332/EC People’s Republic of Bangladesh

1.3.2001

OJ L 118 of 27.4.2001

Decision 96/354/EC Kingdom of Nepal

1.6.1996

OJ L 137 of 8.6.1996

Related Acts

Communication concerning the entry into force, in trade between the European Community and the countries of the South Asian Association for Regional Cooperation (SAARC), of the provisions laid down in Commission Regulation (EEC) No 2454/93, as amended by Regulation (EC) No 1602/2000, concerning the definition of the concept of ‘originating products’ for the purpose of applying tariff preferences granted by the Community to certain products from developing countries (regional cumulation of origin)) [OJ C 265 of 15.9.2000].

Possibilities for cooperation with Hong Kong and Macao

Possibilities for cooperation with Hong Kong and Macao

Outline of the Community (European Union) legislation about Possibilities for cooperation with Hong Kong and Macao

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Relations with third countries > Asia

Possibilities for cooperation with Hong Kong and Macao (2007-2013)

Document or Iniciative

Communication from the Commission to the Council and the European Parliament of 25 October 2006 entitled “The European Union, Hong Kong and Macao: possibilities for cooperation 2007-2013” [COM(2006) 648 final – Not published in the Official Journal].

Summary

Cooperation between the European Union (EU) and the Hong Kong and Macao Special Administrative Regions (SARs) is based principally on economic, trade and financial actions.

Since the handover of Hong Kong and Macao to China, these two SARs have been governed by the “one country, two systems” principle. In effect, their governments possess a high degree of autonomy in trade, fiscal, financial and regulatory matters, as well as their own legal and market economy systems. They are also members of international bodies such as the World Trade Organization (WTO) and the World Customs Organization (WCO).

Greater cooperation

The region of Hong Kong is a major maritime and air transportation hub in Asia. It is a major trading partner of the EU; thousands of European companies and citizens are established there. European diplomatic presence is represented there by a permanent office and a European chamber of commerce, in addition to the diplomatic and trade missions of Member States.

Cooperation between Hong Kong and the EU is based on a set of agreements on:

  • trade, under the framework of WTO multilateral commitments;
  • customs cooperation, specifically with the aim of combating fraud and piracy;
  • readmission of persons residing without authorization.

However, cooperation must also progress in the areas of competition rules and intellectual property rights.

The EU is Macao’s third largest trading partner. The close links it retains with Portuguese culture also contribute to the strength of its cooperation relations with the EU.

The partners concluded a trade cooperation agreement in 1992, which acted as a framework for funding projects in different areas (training, tourism, European studies, services, law, etc.), as well as a readmission agreement for persons in 2002.

New areas for cooperation

The partners identify a set of priorities aimed at expanding their cooperation. The EU must also endeavour to participate in the actions of trilateral cooperation undertaken by Hong Kong, Macao and mainland China.

In the areas of trade and customs, there is a need to:

  • improve the exchange of information and coordination on bilateral and multilateral trade;
  • strengthen the protection of intellectual property rights, combat smuggling and make shipping more secure;
  • develop exchanges of best practice on competition policy and public procurement;
  • support businesses, and inform them of the possibilities to access markets, specifically to the benefit of small and medium-sized enterprises (SMEs);
  • encourage university exchanges, in particular concerning training on business management.

The partners also need to give new impetus to their financial cooperation by developing dialogue and through regulatory convergence (investment funds, company law, etc.). In addition, the cooperation should contribute towards compliance with the principles of good fiscal governance in order to promote the business environment, growth and jobs.

Cooperation must also make progress with regard to immigration and university exchanges.

As regards transport, maritime security and regulation must be the subject of enhanced cooperation. Similarly, the partners share common interests on matters relating to legal certainty for air carriers and civil aviation.

Action must also be taken to improve the protection of health, food and product safety, and in particular to promote the implementation of rapid alert systems for foodstuffs and compliance with EU safety standards.

Effort must be made to promote environmental protection, particularly through combating air and water pollution, and reducing industrial emissions.

Related Acts

Joint Report to the European Parliament and the Council: Annual Report Hong Kong 2010 [COM(2011) 204 Final – Not published in the Official Journal].

Joint Report to the European Parliament and the Council: Annual Report Macao 2010 [COM(2011) 205 Final – Not published in the Official Journal].

Protection of chickens kept for meat production

Protection of chickens kept for meat production

Outline of the Community (European Union) legislation about Protection of chickens kept for meat production

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Animal welfare

Protection of chickens kept for meat production

Document or Iniciative

Council Directive 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production

Summary

This Directive lays down a number of minimum requirements for holdings that rear chickens for meat production. Those requirements are designed to protect the welfare of the chickens, particularly those kept on high-density farms, and to eliminate distortions of competition in the sector.

Scope

This Directive applies to holdings that rear chickens for meat production (broiler chickens). It does not apply to holdings with fewer than 500 chickens or to holdings with only breeding stocks of chickens.

Rules that apply to all holdings

The poultry houses in which the chickens are kept must allow all chickens adequate access to a litter tray, a drinking channel and food. The buildings must have adequate lighting and ventilation, and should be inspected at least twice a day. Any chickens that are seriously injured or in poor health must be treated or immediately culled. Most surgical procedures performed for purposes other than medical treatment are prohibited. However, beak trimming and castration may be permitted in certain cases. Furthermore, the producer must keep a detailed record of the chickens reared, the conditions in which they are kept, their state of health, the mortality rate and any medical treatments administered.

The competent authorities must implement measures for monitoring and follow?up at the abattoir. If the post-mortem inspection reveals possible indications of poor welfare conditions, the holding and the competent authorities must take the appropriate measures.

Rules that apply to high-density holdings

The stocking density should not exceed 33 kg/m2. However, a higher stocking density (up to a maximum of 42 kg/m2) may be authorised if the producer meets additional criteria.

In addition to the rules that apply to all holdings, owners of high-density holdings must supply the competent authorities with specific documentation containing technical details relating to the holding and its equipment. Furthermore, holdings must be equipped with ventilation, heating and cooling systems to maintain the appropriate temperature, humidity and CO2 and NH3 concentrations.

Staff training

Farmers must follow training courses on the following subjects:

  • the characteristics of holdings and stocking density;
  • animal physiology;
  • handling chickens and administering emergency care;
  • preventive biosecurity.

Committee procedure

The Commission is assisted by the Standing Committee on the Food Chain and Animal Health in implementing this Directive.

Background

Before the entry into force of this Directive, the welfare of chickens kept for meat production was not covered by any specific Community legislation, except the general requirements of Council Directive 98/58/EC concerning the protection of animals kept for farming purposes. The Directive was proposed following a report drawn up in 2001 by the Scientific Committee on Animal Health and Animal Welfare , which concluded that the level of animal health and animal welfare was not satisfactory.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2007/43/EC

1.8.2007

30.6.2010

OJ L 182, 12.7.2007

Protection of laying hens

Protection of laying hens

Outline of the Community (European Union) legislation about Protection of laying hens

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Animal welfare

Protection of laying hens

Document or Iniciative

Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens [See amending act(s)].

Summary

This Directive establishes minimum standards for the protection of laying hens. It does not apply to establishments with fewer than 350 laying hens or establishments rearing breeding laying hens.

The rearing of laying hens must comply with the relevant provisions laid down by Directive 98/58/EC relating to the protection of farmed animals and with those laid down in the Annex to this Directive.

Alternative systems

From 1 January 2002, all newly built or rebuilt alternative systems of production and all such systems of production brought into use for the first time must comply with the following requirements:

  • all systems must be equipped with:
    1. either linear feeders (at least 10 cm per hen) or circular feeders (at least 4 cm per hen),
    2. either continuous drinking troughs (2.5 cm per hen) or circular drinking troughs (1 cm per hen),
    3. at least one nest for every seven hens,
    4. adequate perches (at least 15 cm per hen),
    5. and at least 250 cm2 of littered area per hen;
  • the floors of installations must support each of the forward-facing claws of each foot;
  • there are special provisions on systems of rearing allowing hens to move freely and/or permitting access to outside runs;
  • the stocking density must not exceed nine laying hens per m2 of usable area (however, where the usable area corresponds to the available ground surface, a stocking density of 12 hens per m2 is authorised until 31 December 2011 for those establishments applying this system on 3 August 1999).

Member States are to ensure that these requirements apply from 1 January 2007.

Rearing in unenriched cage systems

From 1 January 2003, all unenriched cages must comply with the following requirements:

  • at least 550 cm2 of cage area must be provided for each hen;
  • a feed trough (of a length of at least 10 cm multiplied by the number of hens), which may be used without restriction must be provided;
  • each cage must have an appropriate drinking system;
  • cages must be at least 40 cm high over 65 % of the cage area and not less than 35 cm at any point;
  • floors of cages must be constructed so as to support the claws of each foot. If the floor is on a slope, this must not exceed 14 % or 8 % except where the floor is made of a material other than wire mesh;
  • cages must be fitted with suitable claw-shortening devices.

With effect from 1 January 2003, no unenriched cages may be built or brought into service for the first time. This type of rearing system is prohibited with effect from 1 January 2012.

Rearing in enriched cages

From 1 January 2002, all enriched cages must comply at least with the following requirements:

  • each laying hen must have:
    1. at least 750 cm2 of cage,
    2. a nest,
    3. litter such that pecking and scratching are possible,
    4. appropriate perches of at least 15 cm;
  • a feed trough that may be used without restriction must be provided. Its length must be at least 12 cm multiplied by the number of hens in the cage;
  • each cage must have an appropriate drinking system;
  • there must be a minimum aisle width of 90 cm between tiers of cages and a space of at least 35 cm must be allowed between the floor of the building and the bottom tier of cages;
  • cages must be fitted with suitable claw-shortening devices.

Final provisions

The competent authority must register the establishments covered by the Directive and give them a distinguishing number that will ensure the traceability of eggs placed on the market for human consumption.

Member States must ensure that inspections are carried out under the responsibility of the competent authority to check that the provisions of the Directive are complied with. They must submit a report on the inspections to the Commission, which must then inform the Standing Committee on the Food Chain and Animal Health.

Veterinary experts from the Commission may, where necessary for the uniform application of the current Directive, carry out on-the-spot checks in cooperation with the competent authorities. The findings of those checks are discussed with the competent authorities, which then take any measures revealed to be necessary by the checks.

Not later than 1 January 2005, the Commission must submit to the Council a report, drawn up on the basis of an opinion from the Standing Committee on the Food Chain and Animal Health, on the different systems of rearing taking account of the requirements for the welfare of hens and the socio-economic implications of those systems. The report is to cover the negotiations within the World Trade Organisation and be accompanied by appropriate proposals.
The Council must act by a qualified majority on those proposals no later than 12 months after their submission.

Member States have until 1 January 2002 to bring into force the laws, regulations and administrative provisions, including any penalties, necessary to comply with the Directive and must forthwith inform the Commission thereof. In addition, they may maintain or apply within their territories more stringent provisions than those envisaged by the Directive.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 1999/74/EC

3.8.1999

1.1.2002

OJ L 203, 3.8.2009

Amending Act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 806/2003

5.6.2003

OJ L 122, 16.5.2003

Related Act(S)

Commission Directive 2002/4/EC of 30 January 2002 on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/EC [Official Journal L 30 of 31 January 2002].

Member States must establish a system for registering every production site covered by Directive 1999/74/EC. The information required for registration includes the person responsible for the laying hens, the owner and the distinguishing number. Establishments must be registered before 31 May 3003. From 1 June 2003, establishments that are not registered may not continue or begin to operate.

Communication from the Commission to the European Parliament and the Council of 8 January 2007 on the various systems of rearing laying hens in particular those covered by Directive 1999/74/EC [COM(2007) 865 final – Not published in the Official Journal].

Protection of farmed animals

Protection of farmed animals

Outline of the Community (European Union) legislation about Protection of farmed animals

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Animal welfare

Protection of farmed animals

Document or Iniciative

Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes [See amending act(s)].

Summary

All the Member States have ratified the European Convention for the Protection of Animals Kept for Farming Purposes, the main provisions of which relate to the provision of housing, feed and care appropriate to the needs of these animals.

Member States must take account of these animal welfare requirements when drawing up and implementing European legislation, especially in the area of agricultural policy.

Animals

This Directive applies to animals (including fish, reptiles and amphibians) reared or kept for the production of food, wool, skin or fur or for other farming purposes. It does not apply to:

  • wild animals;
  • animals intended for use in sporting or cultural events (shows);
  • experimental or laboratory animals;
  • invertebrate animals.

Rearing conditions

The Member States must adopt provisions to ensure that the owners or keepers of animals look after the welfare of their animals and see that they are not caused any unnecessary pain, suffering or injury. Based on past experience and present scientific knowledge, the rearing conditions relate to the following:

  • staff: animals must be looked after by a sufficient number of staff who have the appropriate professional skills, knowledge and competence;
  • inspections: all animals kept in husbandry systems must be inspected at least once a day. Injured or ill animals must be treated immediately and isolated if necessary in suitable premises;
  • maintaining records: the owner or keeper of the animals must keep a record of any medical treatment for at least three years;
  • freedom of movement: all animals, even if tethered, chained or confined, must be given enough space to move without unnecessary suffering or injury;
  • buildings and accommodation: materials used in the construction of buildings must be capable of being cleaned and disinfected. Air circulation, dust levels, temperature and relative humidity should be kept within acceptable limits. Animals kept in buildings must not be kept in permanent darkness or constantly exposed to artificial lighting;
  • automatic or mechanical equipment: automatic or mechanical equipment essential for the health and well-being of the animals must be inspected at least once a day. Where an artificial ventilation system is in use, an appropriate backup system must be in place to guarantee sufficient air renewal;
  • feed, water and other substances: the animals must be given a wholesome and appropriate diet, fed to them in sufficient quantities and at regular intervals. All other substances are prohibited, unless given for therapeutic or prophylactic reasons or for the purposes of zootechnical treatment. In addition, the feeding and watering equipment must minimise the risks of contamination;
  • mutilations: national rules on mutilation apply;
  • rearing methods: rearing methods that cause suffering or injury must not be used unless their impact is minimal, brief or expressly allowed by the national authorities. No animal should be kept on a farm if it is harmful to its health or welfare.

Inspections

Member States must take the necessary steps to ensure that the competent national authorities carry out inspections. They must report on these inspections to the Commission, which will use the reports to formulate proposals on harmonising inspections.

Evaluation and implementation

Every five years the Commission must report to the Council on the implementation of this Directive, with proposals for improvement, if appropriate. The Council adopts this report by qualified majority vote.

The Member States had to introduce the legislative, regulatory and administrative provisions (including any penalties) needed to comply with this Directive by 31 December 1999. They are allowed to keep or introduce stricter provisions.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 98/58/EC

8.8.1998

31.12.1999

OJ L 221 of 8.8.1998

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No

806/2003

5.6.2003

OJ L 122 of 16.5.2003

The successive amendments and corrections to Directive 98/58/EC have been incorporated into the original text. This consolidated versionis for reference only.

Related Acts

Report from the Commission of 19 December 2006 on the experience acquired on the implementation of Directive 98/58/EC on the protection of animals kept for farming purposes [COM(2006) 838 final – Not published in the Official Journal].

In this report the Commission refers to the need for Member States to improve the planning and performance of inspections and the recording and transparency of inspection results. It emphasises the necessity of more training for the staff of the authorities concerned and a better notification system. It is also important to simplify procedures in order to avoid excessive bureaucracy.

Commission Decision 2006/778/EC of 14 November 2006 concerning minimum requirements for the collection of information during the inspections of production sites on which certain animals are kept for farming purposes [Official Journal L 314 of 15.11.2006].

Commission Decision 2000/50/EC of 17 December 1999 concerning minimum requirements for the inspection of holdings on which animals are kept for farming purposes [Official Journal L 19 of 25.01.2000].

Protection of animals at the time of killing

Protection of animals at the time of killing

Outline of the Community (European Union) legislation about Protection of animals at the time of killing

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Animal welfare

Protection of animals at the time of killing

Acte

Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing.

Summary

This Regulation establishes rules applicable to the killing of animals kept for the production of food, wool, skin, fur, etc. It also lays down rules applicable to killing in emergencies and for the control of contagious diseases.

The rules established by this Regulation do not apply to animals killed as part of scientific experiments, hunting, cultural or sporting events and euthanasia practiced by a veterinarian, nor to poultry or rabbits killed for personal consumption.

Integration of animal welfare

This Regulation introduces standard operating procedures * for the welfare of animals at slaughter. Each operator * is responsible for establishing and applying these operating procedures in order to spare animals for slaughter as much pain, distress or suffering as possible.

In this context, operators should evaluate the efficiency of their stunning methods * using indicators based on the animals. Regular monitoring will ensure in particular that stunned animals do not regain consciousness before slaughter.

Manufacturers of restraining and stunning equipment should sell their equipment with instructions giving details in particular of the types of animals concerned and information on optimal use. Users must comply with manufacturers’ recommendations.

Moreover, an Animal Welfare Officer shall be appointed by the operator in each slaughterhouse. The Animal Welfare Officer is responsible for ensuring that the provisions of this Regulation are complied with. Small slaughterhouses shall be granted a derogation from this obligation.

Improving personnel competence

Slaughterhouse personnel dealing with live animals should possess a certificate of competence attesting that they have sufficient knowledge concerning animal welfare. The issue of the said certificate shall be subject to independent examination by an accredited body.

This Regulation also provides that Member States put in place a system of scientific support. This support will provide technical assistance for slaughterhouse inspection personnel as well as scientific assessments of new stunning equipment and new slaughterhouses. In addition, they shall be responsible for providing opinions on the capacity and suitability of the bodies which deliver the certificates of competence concerning animal welfare.

Depopulation

Emergency plans required by Community regulations on animal health (control of contagious diseases) should give details of the logistics procedures for slaughter in order to ensure that animal welfare is taken into account. Derogations to the said regulations will be granted when compliance with the provisions may have implications for human health or slow down the eradication of the disease. Furthermore, this Regulation improves the planning, monitoring, producing reports and the transparency of killing methods in the case of depopulation.

Technical requirements

A list of stunning methods shall be established in the Annex to the Regulation and shall describe the rules relating to and the context for the authorised use of each method. These methods should accompany scientific progress and take socio-economic questions into consideration. Moreover, technical changes could affect the construction, layout and equipment of slaughterhouses.

Context

This Regulation is also consistent with the Community Action Plan on the Protection and Welfare of Animals that introduced the concept of animal welfare indicators.

This Regulation will replace Directive 93/119/EC on the protection of animals at the time of slaughter or killing, which has never been amended despite scientific and technical developments.

Key terms of the Act
  • Standard operating procedures: a set of written instructions aimed at achieving uniformity of the performance of a specific function or standard.
  • Operator: any natural or legal person responsible for an undertaking which carries out activities covered by this Regulation.
  • Stunning: any intentionally induced process which causes loss of consciousness and sensibility without pain, including any process resulting in instantaneous death.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 1099/2009

8.12.2009

OJ L 303 of 18.11.2009

Protection of calves intended for slaughter

Protection of calves intended for slaughter

Outline of the Community (European Union) legislation about Protection of calves intended for slaughter

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Animal welfare

Protection of calves intended for slaughter

Document or Iniciative

Council Directive 2008/119/EC of 18 December 2008 laying down minimum standards for the protection of calves.

Summary

This Directive lays down minimum standards for the protection of calves * placed in units in which they are raised for slaughter. These standards, which have been compulsory since 1 January 2007, do not apply to calves kept with the cow for suckling, or to holdings with fewer than six calves.

This Directive does not cover the transport of calves, which is governed by Regulation (EC) No 1/2005.

Group or individual pens

Pens must be constructed in such a way as to allow each calf to lie down, rest, stand up and groom itself without difficulty.

From the age of eight weeks, individual pens are prohibited except in the case of illness. This measure is justified by the gregarious nature of bovine animals.

Before the age of eight weeks, individual pens are permitted. They are to be composed of perforated walls which allow the calves to have visual and tactile contact. Solid walls may be used only to isolate sick animals from the rest of the herd.

Group pens must comply with the following standards relating to space (see table below).

Weight of animal in kg Area in m2

‹ 150

1.5

‹ 220

1.7

› 220

1.8

Calves must not be tethered (except possibly during the feeding of milk for a period of not more than one hour) or muzzled.

Housing, pens, equipment and utensils must be cleaned and disinfected.

Floors must be smooth but not slippery, so as to prevent injury to the calves. The lying area must be comfortable, clean and adequately drained. Bedding is compulsory for calves less than two weeks old.

Health

Each calf must receive bovine colostrum as soon as possible after it is born (within the first six hours of life).

Any calf which is ill or injured must be treated without delay. Veterinary advice must be obtained as soon as possible for any calf which is not responding to the stock-keeper’s care.

Diet

Calves are to be fed at least twice a day. Each calf must have access to food at the same time as the others in the group.

Their food must contain sufficient iron to ensure an average blood haemoglobin level of at least 4.5 mmol/litre, and a minimum daily ration of fibrous food must be provided for each calf over two weeks old.

Diet must be adapted to the age and weight of the animal. It must also be adapted to its behaviour and physiological needs.

Calves over two weeks of age should have access to fresh water.

Monitoring of animals

Housed calves must be inspected at least twice daily and mechanical equipment at least once daily. Where an artificial ventilation system is used, provision must be made for an alarm system (tested regularly) and a ventilation back-up system.

Light levels

Calves should be kept in conditions with natural or artificial lighting (equivalent to the period of natural light between 9 a.m. and 5 p.m.).

Inspections

Member States must carry out inspections every year on a statistically representative sample.

The Commission may send veterinary experts to carry out on-the-spot checks with the assistance of the national inspectors.

Imports

To import animals from third countries, a certificate is required stating that they have received treatment equivalent to that granted to animals of Community origin.

Specific provisions

Member States may, within their territories, apply stricter provisions than those laid down in this Directive. In this case, they must inform the Commission in advance of any such measures.

Context

This Directive repeals Directive 91/629/EEC.

Key terms of the Act
  • Calf: a bovine animal up to six months old.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2008/119/EC

4.2.2009

OJ L 10 of 15.1.2009

Pure air for Europe

Pure air for Europe

Outline of the Community (European Union) legislation about Pure air for Europe

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Air pollution

Pure air for Europe

Document or Iniciative

Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe.

Summary

This Directive lays down measures aimed at the following:

  • defining and establishing objectives for ambient air quality * designed to reduce harmful effects on health and the environment;
  • assessing the ambient air quality in Member States on the basis of common methods and criteria;
  • collating information on ambient air quality in order to monitor long-term trends, in particular;
  • ensuring that such information on ambient air quality is made available to the public;
  • maintaining air quality where it is good and improving it in other cases;
  • promoting increased cooperation between the Member States in reducing air pollution.

Member States shall designate the competent authorities and bodies responsible for evaluating the quality of ambient air, approving measurement systems, ensuring the accuracy of measurements, analysing assessment methods and cooperating with other Member States and the Commission.

Air quality assessment

This Directive establishes a system for the assessment of ambient air quality in relation to sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2,5), lead, benzene and carbon monoxide as well as ozone.

Member States shall establish areas or zones (urban, suburban, rural, rural background) throughout their territory, and assess and manage the air quality.

This Directive sets thresholds for assessment for each pollutant, criteria for the assessment method (in particular the siting of sampling points), reference methods for measurement, limit values * for the protection of human health and the environment, the target and the obligation of reducing exposure for the population to PM2,5, information thresholds * and alert thresholds *, critical levels * for the protection of vegetation and the list of information to be included in action plans for improvement in air quality.

Each Member State shall set up at least one measuring station and may, by agreement with adjoining Member States, set up one or several common measuring stations.

Air quality management and action plans

Where the levels of pollutants in ambient air are below the limit values specified in this Directive, Member States shall maintain the levels of those pollutants below the limit values and shall endeavour to preserve the best ambient air quality, compatible with sustainable development.

Where, in given zones or agglomerations, the levels of pollutants in ambient air exceed any limit value or target value *, plus any relevant margin of tolerance in each case, Member States shall ensure that air quality plans are established for those zones and agglomerations in order to achieve the predefined limit value or target value.

In the event of exceedances of those limit values for which the attainment deadline is already expired, the air quality plans shall set out appropriate measures, so that the exceedance period can be kept as short as possible and can include additional specific measures to protect sensitive population groups. Measures similar to those laid down in short-term action plans may be considered.

Where there is a risk that the levels of pollutants will exceed the alert thresholds, Member States shall draw up action plans indicating the measures to be taken in the short term in order to reduce the risk or its duration. These actions plans can in particular suspend activities which contribute to the risk of exceedance (motor-vehicle traffic, construction works, the use of industrial plants etc.). In addition, these action plans may include specific measures aimed at the protection of sensitive population groups, in particular children.

Where thresholds are exceeded due to transboundary transport of air pollutants, the Member States concerned shall cooperate and coordinate their work in order to remove the exceedance.

Public information

Member States shall ensure that up-to-date information on ambient concentrations of the pollutants covered by this Directive is routinely made available to the public and the bodies concerned. Where alert thresholds and information thresholds are exceeded, Member States shall publish:

  1. information on the exceedance or exceedances observed (place, type of threshold, time and duration of the exceedance, highest concentration observed);
  2. forecasts for the following hours and days;
  3. information on the type of population concerned, possible health effects and recommended behaviour;
  4. information on preventative measures and measures to reduce the emissions.

Member States shall also make available to the public annual reports for all pollutants covered by this Directive.

Penalties

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties must be effective, proportionate and dissuasive.

Context

This Directive repeals and replaces Directive 96/62/EC on ambient air quality assessment and management, Directive 1999/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air, Directive 2000/69/EC relating to limit values for benzene and carbon monoxide in ambient air, Directive 2002/3/EC relating to ozone in ambient air and Decision 97/101/EC establishing a reciprocal exchange of information and data on air pollution within the Member States.

Key Terms of the Act
  • Ambient air: outdoor air in the troposphere, excluding workplaces as defined by Directive 89/645/EEC.
  • Limit value: a level fixed on the basis of scientific knowledge, with the aim of avoiding, preventing or reducing harmful effects on human health and/or the environment as a whole, to be attained within a given period and not to be exceeded once attained.
  • Target value: a level fixed with the aim of avoiding, preventing or reducing harmful effects on human health and/or the environment as a whole, to be attained where possible over a given period.
  • Information threshold: a level beyond which there is a risk to human health from brief exposure for particularly sensitive sections of the population and for which immediate and appropriate information is necessary.
  • Alert threshold: a level beyond which there is a risk to human health from brief exposure for the population as a whole and at which immediate steps are to be taken by the Member States.
  • Critical level: a level fixed on the basis of scientific knowledge, above which direct adverse effects may occur on some receptors, such as trees, other plants or natural ecosystems but not on humans.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2008/50/EC [adoption COD/2005/0183]

11.6.2008

10.6.2010

OJ L 152 of 11.6.2008

Petrol vapour recovery during refuelling of vehicles

Petrol vapour recovery during refuelling of vehicles

Outline of the Community (European Union) legislation about Petrol vapour recovery during refuelling of vehicles

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Air pollution

Petrol vapour recovery during refuelling of vehicles

Document or Iniciative

Directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009 on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations.

Summary

This Directive aims at ensuring that harmful petrol vapour displaced from the fuel tank of a motor vehicle during refuelling at a service station is recovered. The petrol pumps of many service stations in the European Union (EU) will have to be equipped to recover this vapour.

Service stations

This Directive applies to new service stations or those having undergone major refurbishment, of which the annual throughput must be in excess of 500 m3 of petrol. It imposes upon operators of these service stations an obligation to install a Stage II Petrol Vapour Recovery system or “Stage II PVR”. Furthermore, service stations with a throughput in excess of 100 m3 per year which are located under living accommodation must also install this equipment.

Larger existing service stations with a throughput in excess of 3 000 m3 per year must also apply Stage II PVR by 2018.

Stage II PVR equipment has already been installed in service stations in almost 50 % of the Member States. This Directive extends this practice to the whole European Union.

Minimum level of petrol vapour recovery

The Stage II PVR equipment installed on petrol pumps in service stations must capture 85 % of petrol vapour. The petrol vapour capture efficiency of such systems must be certified by the manufacturer in accordance with the relevant European technical standards or type approval procedures or, if there are no such standards or procedures, with any relevant national standard.

Stage II PVR equipment draws off petrol vapour. It is then transferred to a storage tank at the service station. The vapour/petrol ratio shall be equal to or greater than 0.95 but less than or equal to 1.05.

Periodic checks

The petrol vapour capture efficiency of Stage II petrol vapour recovery systems must be tested at least once a year. This test may be carried out either by checking the vapour/petrol ratio defined above under simulated petrol flow conditions, or by any other appropriate methodology.

If the service station has automatic monitoring equipment, capture efficiency shall be tested at least once every three years. If the tests detect anomalies, the service station operator must rectify the fault within seven days.

Consumer information

All service stations which have installed Stage II petrol vapour recovery systems must inform consumers thereof. In order to do this, the operator may place a sign, sticker or other notification on, or in the vicinity of, the petrol dispenser.

Context

This Directive comes under the Sixth Environment Action Programme adopted in July 2002 which established the need to reduce air pollution to levels which minimise harmful effects on human health and the environment.

This Directive supplements the technical specifications for the storage of petrol. These technical specifications are harmonised at European level by Directive 94/63/EC which forms Stage I of petrol vapour recovery.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2009/126/EC

31.10.2009

1.1.2012

OJ L 285 of 31.10.2009