The European Parliament in its resolution of 20 February 1987 on the policy on the welfare of farmed animals urged the Commission to bring forward proposals for Community legislation covering aspects of animal welfare. general of the rearing of animals on livestock holdings.

Statement number 24, annexed to the Final Act of the Treaty on European Union, invites the European institutions and the Member States to take full account of the development and implementation of Community legislation, in particular in the field of the common agricultural policy, animal welfare requirements.

The European Convention of 10 March 1976, ratified by Spain by means of an Instrument of 21 April 1988, sets out the minimum standards for the protection of animals on livestock farms.

The European Union, as a result of which all Member States have ratified the said European Convention on the Protection of Animals in Livestock Farms, has approved and deposited the instrument of corresponding approval.

The European Union, following the recommendations of the European Parliament and the invitation of Declaration number 24 of the Treaty on European Union and considering that, as a contracting party, it has the obligation to apply the principles laid down in the Convention for the Protection of Animals in Livestock Farms, has been adopted by Directive 98 /58/EC, which includes the principles of the provision of stables, food, water and adequate care the physiological and ethological conditions of the animals, in accordance with the experience gained and the scientific knowledge.

in this way, the aim is to protect animals on livestock farms, as well as to avoid distortions in the development of production and to promote the proper functioning of the market organisation. animals.

It is therefore necessary to incorporate into the Spanish legal order Directive 98 /58/EC, which is carried out through the present Royal Decree, which is of a basic standard, dictated by the powers of the attributed to the State exclusively in Article 149.1.13. and 16. of the Constitution, on the basis and coordination of the general planning of economic activity and bases and general coordination of health.

Under its virtue, on the proposal of the Minister of Agriculture, Fisheries and Food, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 10 March 2000,

DISPONGO:

Article 1. Object and scope of application.

1. This Royal Decree lays down minimum standards for the protection of animals on livestock farms.

2. This Royal Decree shall not apply to:

a) Animals that live in the natural environment.

(b) Animals intended to participate in competitions, exhibitions or cultural or sporting events or activities.

c) Animals for experiments or laboratory animals.

d) invertebrate animals.

Article 2. Definitions.

For the purposes of this Royal Decree, the following definitions shall

:

1) Animal: any animal (including fish, reptiles and amphibians) reared or maintained for the production of food, wool, leather, fur or other agricultural purposes.

2) Owner or breeder: any natural or legal person who is responsible or is in charge of animals permanently or temporarily.

3) Competent Authority: within the scope of their respective competencies, the General Directorate of Livestock, Ministry of Agriculture, Fisheries and Food and the competent bodies of the Autonomous Communities.

Article 3. Obligations of owners or breeders.

Animal owners and breeders on livestock farms will have the following obligations:

(a) Adopt appropriate measures to ensure the welfare of animals with a view to ensuring that animals do not suffer unnecessary pain, suffering or harm.

(b) The conditions under which animals (other than fish, reptiles and amphibians) are reared or maintained, taking into account their species and degree of development, adaptation and domestication, as well as their physiological needs and In accordance with the experience gained and the scientific knowledge, they comply with the specifications set out in the Annex to this Royal Decree.

Article 4. Inspections.

1. In the inspections and actions carried out by the competent authorities, they shall verify compliance with the provisions of this Royal Decree.

2. For the purposes of compliance with the obligation to inform the European Commission of the protection of animals on livestock holdings throughout the national territory, the competent bodies of the Autonomous Communities shall draw up a report. on the inspections in this field carried out on its territory, with the frequency, format and content of the Ministry of Agriculture, Fisheries and Food, at the request of the European Commission, and for the first time on the date of determine.

3. With the information provided, the Directorate-General for Livestock in the Ministry of Agriculture, Fisheries and Food will produce a report to be sent to the Commission via the appropriate channel.

Article 5. Controls by the European Commission.

1. Where the European Commission carries out on-the-spot checks on livestock holdings in the national territory, it shall be accompanied by such inspections by experts appointed by the Directorate-General for Livestock of the Ministry of Agriculture, Fishing and Food.

2. When such inspections are carried out, the competent bodies of the Autonomous Communities shall provide the experts of the European Commission and the Ministry of Agriculture, Fisheries and Food with all the assistance they need for compliance. of its mission.

3. The results of the checks carried out in the various Autonomous Communities and central services shall be discussed between the veterinary experts of the Commission and the veterinary experts of the Directorate-General for Livestock Agriculture, Fisheries and Food prior to the elaboration and dissemination of the final report.

4. The competent bodies of the Autonomous Communities shall take the necessary measures to take account of the results of the inspections to be established in the final report.

Article 6. Failure to fulfil obligations.

Failure to comply with the provisions of this Royal Decree shall be sanctioned in accordance with the provisions of the applicable rules applicable in each case.

Additional disposition first. Basic nature.

This Royal Decree will be of a basic nature and is dictated by the provisions of Articles 149.1. 13. and 16. the Constitution, for which exclusive competence in the field of bases and coordination of the general planning of economic activity and in the field of bases and general coordination of health is attributed to the State.

Additional provision second. Current regulations.

This Royal Decree shall apply without prejudice to the other specific welfare rules applicable to certain species, and in particular the Order of 21 October 1987 of the Ministry of Agriculture, Fisheries and Food, laying down minimum standards for the protection of laying hens in battery, as amended by the Orders of 29 January 1990 and by 21 June 1991; Royal Decree No 1047/1994 of 20 May 1994 on minimum standards for the protection of calves, as amended by Royal Decree 229/1998 and Royal Decree 1048/94 of 20 December 1994. May, on the minimum standards for the protection of pigs, remain applicable.

Final disposition first. Regulatory development faculty.

The Minister of Agriculture, Fisheries and Food is empowered to make the necessary arrangements for the development and enforcement of this provision in the field of their competence.

Final disposition second. Entry into force.

This provision shall enter into force on the day following that of its publication in the Official Gazette of the State.

Dado en Madrid a 10 de marzo de 2000.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food,

JESUS POSADA MORENO

ANNEX

1. Staff.

Animals shall be cared for by a sufficient number of staff who possess the necessary skills, knowledge and professional competence.

2. Inspections or controls to be carried out by the owner or breeder.

(a) All animals kept in breeding grounds where their welfare depends on frequent human attention shall be inspected once a day, at least. Animals reared or kept on other systems shall be inspected at sufficient intervals to avoid any suffering.

(b) Appropriate lighting (fixed or mobile) shall be available in order to carry out a complete inspection of the animals at any time.

(c) Any animal that appears sick or injured shall immediately receive appropriate treatment and, if the animal does not respond to such care, a veterinarian shall be consulted as soon as possible. Where necessary, sick or injured animals shall be isolated in appropriate places, where appropriate, with appropriate accommodation depending on the species, adaptation and domestication of the species, physiological need, acquired experience and among them the productive experience, and the evolution of scientific knowledge.

3. Documentary evidence.

(a) The owner or breeder of the animals shall keep a record indicating any medical treatment provided, as well as the number of dead animals discovered in each inspection.

In the event that equivalent information is retained for other purposes, this will also be sufficient for the purposes of this Royal Decree.

(b) Such records shall be kept for at least three years and shall be made available to the competent authority of the Autonomous Community when carrying out an inspection or upon request.

4. Freedom of movement.

The freedom of movement of animals must not be limited in such a way as to cause unnecessary suffering or damage, taking into account in this sense the species, their degree of adaptation and domestication, as well as their physiological needs in accordance with the experiences acquired and between them the productive experience and the advancement of scientific knowledge.

When animals are bound, chained or held continuously or regularly, they will be provided with adequate space for their physiological and ethological needs, in accordance with the experience acquired and between They are the productive experience, and with scientific knowledge, depending on the species and degree of development, adaptation and domestication of it.

5. Buildings and stables.

(a) The materials used for the construction of stables, and in particular of enclosures and equipment with which the animals may be in contact, must not be harmful to the animals and must be cleaned and disinfect thoroughly.

(b) The stables and accessories to bind the animals shall be constructed and maintained in such a way that they do not present sharp or protruding edges, which may cause injury to the animals.

c) Air circulation, dust level, temperature, relative air humidity and gas concentration should be kept within limits that are not harmful to animals.

(d) Animals housed in the facility shall not be kept in permanent darkness and shall not be exposed without adequate interruption to artificial light.

If the natural light is insufficient to meet the physiological and ethological needs of the animals, adequate artificial lighting shall be provided. In any event, and for a true compliance with the provisions of Directive 98/50, the species to be considered and their degree of phylogenetic development, adaptation and domestication in addition to their physiological needs and their physiological needs must always be taken into account. In the light of the experience gained and, among them, the productive experience and the advancement of scientific knowledge.

6. Animals kept in the open air.

To the extent necessary and possible, livestock kept in the open air will be protected against inclement weather, predators and disease risk.

7. Automatic or mechanical equipment.

All automatic or mechanical equipment indispensable for the health and welfare of the animals shall be inspected at least once a day. Where deficiencies are discovered, they shall be remedied immediately or, if this is not possible, appropriate measures shall be taken to protect the health and welfare of the animals.

When the health and welfare of animals are dependent on an artificial ventilation system, an appropriate emergency system (opening of windows or other) must be provided to ensure that sufficient air is renewed for protect the health and welfare of animals in the event of a failure of the system, and must be equipped with an alarm system warning in the event of a breakdown. The alarm system shall be verified regularly.

8. Food, water and other substances.

(a) Animals must receive a healthy diet that is appropriate to their age and species and in sufficient quantity in order to maintain their good health and to meet their nutritional needs. Considering in any case, their physiological needs, according to the experiences acquired, among them the advancement of the productive experience and progress of scientific knowledge. No food or liquid shall be supplied to any animal in such a way as to cause unnecessary suffering or damage and its food or liquids shall not contain substances which may cause unnecessary suffering or damage.

(b) All animals must have access to food at intervals appropriate to their physiological needs, taking into account the experiences acquired and between them the productive experience and the advancement of knowledge scientists.

(c) All animals must have access to a sufficient quantity of water of adequate quality or must be able to satisfy their liquid intake by other means.

(d) Equipment for the supply of food and water shall be designed, constructed and located in such a way as to minimise the risk of contamination of food and water and the harmful consequences that may arise. can derive from the rivalry between the animals.

e) No other substance shall be administered to any animal except those administered for therapeutic or prophylactic purposes or for zootechnical treatment.

It is understood by zootechnical treatment, the administration, on an individual basis, to an animal of exploitation, of one of the substances authorized in application of Article 4 of Royal Decree 1373/1997, of 29 August, for which it is prohibited to use certain substances having a hormonal or thyrostatic effect and β-agonists of use in livestock farming, for the synchronisation of the cycle and the preparation of donors and recipients for the implementation of embryos, after recognition of the animal carried out by a veterinarian or, in accordance with with the third paragraph of Article 4, of the aforementioned Royal Decree 1373/1997, under his responsibility. In the case of aquaculture animals, a group of breeding animals for sexual investment, on the prescription of a veterinarian and under his responsibility.

All this, unless the scientific studies or experience gained demonstrate that the substance is not harmful to the health or welfare of the animal.

9. Mutilations.

Pending the adoption of specific provisions on mutilations, and without prejudice to the provisions of Royal Decree 1048/1994 of 20 May 1994 on minimum standards for the protection of pigs, the national provisions in the field provided that the general rules of the Treaty are respected.

10. Breeding procedure.

(a) No breeding, natural or artificial procedures shall be used to cause or cause suffering or injury to any of the animals concerned.

This provision shall not preclude the use of certain procedures which may cause suffering or minor or temporary injuries or which may require intervention without the likelihood of lasting damage, provided that are permitted by national provisions.

(b) No animal shall be kept on a holding for livestock purposes, unless there are grounds for waiting, on the basis of its genotype and phenotype, which can be maintained on the holding, without harmful consequences for its use. health or welfare, in accordance with the experience gained and, among them, the productive experience and the advancement of scientific knowledge, and depending on the species, degree of development, adaptation and domestication of the same.