61. Ordination of the Federal Minister of Health, with which the 1. Animal welfare regulation is amended

Due to § § 16 and 24 paragraph 1 Z 1 of the Federal Act on the Protection of Animals (Animal Protection Act), BGBl. I No 118/2004 Art. 2, as last amended by BGBl. I n ° 80/2010, is being assigned in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management:

The 1. Animal welfare regulation, BGBl. II No 485/2004, as last amended by BGBl. II No 219/2010, shall be amended as follows:

1. In accordance with Article 2 (3), the following paragraphs 4 to 6 are added:

" (4) The minimum requirements referred to in Annexes 1 to 11 may then be dismissed if the posture is project-based in novel series-produced superstructure systems or production-based rearing systems; and StallFacilities, which have been found to be in compliance with the law of animal protection law by the specialist body set up in accordance with Section 18 (6) of the TSchG, and which are not in conflict with European Union law regulations.

(5) Until 31.12.2017, the Federal Ministry of Health and the Federal Ministry of Agriculture, Forestry, the Environment and Water Management are responsible for carrying out a project for the evaluation of the holding systems in the area of the pig-off bays. This project has to develop alternative methods for the improvement and adaptation of existing piglet systems in the sense of animal welfare. In particular, the duration of the critical life phase of the suction piglets should be investigated. In addition, account should also be taken of the economic, technical and environmental impact of the pig-off systems, taking into account the development of the European internal market. The holding systems to be regarded as suitable on the basis of the project are to be submitted by the contracting authorities of the project to the department set up pursuant to § 18 sec. 6 TSchG and are to be reviewed by the technical department.

(6) New minimum requirements shall be laid down without delay, on the basis of the project referred to in paragraph 5, by adaptations to this Regulation. "

2. In Appendix 1, the following second paragraph shall be inserted after the first paragraph in point 2.7.

" If horses are regularly used for more than six hours per day for the carriage of passengers in a chug, they shall be granted free-run days of rest within one week on at least two non-consecutive days. In addition, it must be ensured that the total weight of the fully loaded panning does not exceed three times the sum of the body weights of all prestressed horses in the case of a flat stretch and a smooth surface. "

Point 2.11. of Appendix 4 is:

" 2.11. INTERVENTIONS

Permissible interventions are:

	1. Castration, as long as the intervention of a veterinarian or cattle cutter, of this trade on the basis of the 1994 Commercial Code, BGBl. N ° 194, as last amended by the Federal Law BGBl. I n ° 111/2010, which is lawfully carried out, is carried out after effective anaesthesia;
	2. the dethorning of kittens, intended for keeping in a farm mainly focused on milk production, up to an age of four weeks until 31 December 2015, when the intervention is carried out by a veterinarian after effective anaesthesiration "

Point 3.1.1 of Appendix 5 reads as follows:

" 3.1.1. Mandatory group posture

Sows and gilts shall be held in groups for a period commencing after the blankets and ending five days before the expected date of departure.

By way of derogation, sows and gulls may be kept individually in establishments with less than ten sows for the said period, provided that they are able to turn around freely in the bay. "

5. points 3.2. and 3.3. of Appendix 5 are:

" 3.2. SINGLE-STANDING/SINGLE-UNIT-KEEPING

Single coves for gullies and sows which cannot be kept in groups must be designed so that the animals can turn around unhindered.

For the period of cover, but not more than ten days, the sows may be kept in individual stands. In this case, the individual stand must have a minimum width of 65 cm and a minimum length of 190 cm (from the inner edge of the trough). For Jungsauen, the individual stand can be reduced to a width of 60 cm and a length of 170 cm. "

" 3.3. HOLDING IN PIG-OFF BAYS

3.3.1. Piglet systems from 1.1.2013

Five days before the expected piglets, as well as during the liquidate and acidification, jungsauen and sows can be kept separate from other pigs in piglet bays.

The piglets must be designed in such a way that the piglets can be suckled unimpeded and, including the lawn esters for the piglets, have the following minimum surfaces:

Weight of suction piglets 1)	Minimum Area
up to 10 kg	4.00 m 2 /Sau
more than 10 kg	5.00 m 2 /Sau

		1) on average of the group

The bottoms of the piglet bays must be closed at least to one third. Drainage elements in the lying area of the sow with a perforation of a maximum of 5% are considered to be closed areas.

Piglets, in which sows or juices can move freely, must be provided with a possibility to protect the piglets, such as e.g. Protective bars.

Behind the Sau or Jungsau, there must be a free area to allow an independent or a supported piglet.

3.3.2. Piglet systems from 1.1.2033

From five days before the expected piglets, as well as during the diversion and acidification, jungsauen and sows can be kept separate from other pigs in piglet bays.

Piglets must be designed in such a way that sows and gulls can move freely, and that the piglets can be suckled unhindered. The piglets shall have a minimum surface area of 5.50 m, including the reclining esters for the piglets. 2 . Of this, at least half must be assigned to the lying area of Sau and Ferkeln. The minimum width of the drop-off bay must be 160 cm.

The bottoms of the piglet bays must be closed at least to one third. Drainage elements in the lying area of the sow with a perforation of a maximum of 5% are considered to be closed areas.

Up to the end of the critical life phase of the suction piglets, the sow can be fixed before pressing for the protection of the suction piglets, with the piglet stands, both in the transverse and in the longitudinal direction, on the body size of the sows or, respectively, of the suckling piglets. Jungsauen must be adjustable.

Behind the Sau or Jungsau, there must be a free area to allow an independent or a supported piglet.

Piglets, in which sows or gulls can move freely throughout the entire period, must be provided with a possibility to protect the piglets, such as e.g. Protective bars. "

The following paragraph shall be added to point 8 of Appendix 5:

" The provisions of points 3.1.1., 3.2 and 3.3.1. in the version BGBl. II No 61/2012 shall apply as from 1 January 2013 for all newly built, converted or for the first time operating installations and holding devices, as well as for such existing installations and holding devices, in which the requirements without any structural measures can be fulfilled. As of 1.1.2033, the provisions of points 3.1.1.and 3.2 shall apply in the version BGBl. II No 61/2012 for all holdings.

With the expiry of 31.12.2032, the provisions of point 3.3.1. shall appear in the version BGBl. II No 61/2012. As from 1.1.2033, the provisions of point 3.3.2. in the version BGBl shall apply. II No 61/2012.

New minimum requirements for piglet systems, which are laid down in this Regulation pursuant to Article 2 (6), shall apply to all plants and holding devices which have been newly built, converted or, for the first time, put into service for the first time from one year of publication. "

Stöger