16.2.2008 EN Official Journal of the European Union L 42/92 COUNCIL JOINT ACTION 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 14 and the third paragraph of Article 25 thereof, Whereas: (1) On 10 June 1999, the United Nations Security Council adopted Resolution 1244 (hereinafter Resolution 1244), and within this framework, the United Nations Security Council: — ‘Decides that the international civil and security presences are established for an initial period of 12 months, to continue thereafter unless the Security Council decides otherwise’ (Paragraph 19), — ‘Authorises the Secretary-General, with the assistance of relevant international organisations, to establish an international civil presence in Kosovo …’ and ‘Decides that the main responsibilities of the international civil presence will include … (f) in a final stage, overseeing the transfer of authority from Kosovo's provisional institutions to institutions established under a political settlement … (i) maintaining civil law and order, including establishing local police forces and meanwhile through the deployment of international police personnel to serve in Kosovo’ (Paragraphs 10 and 11), — ‘Welcomes the work in hand in the European Union and other international organisations to develop a comprehensive approach to the economic development and stabilisation of the region affected by the Kosovo crisis, including the implementation of a Stability Pact for South Eastern Europe with broad international participation in order to further the promotion of democracy, economic prosperity, stability and regional cooperation’ (Paragraph 17). (2) The Kosovo organs, institutions and authorities referred to in this Joint Action are the institutions (hereinafter the Kosovo institutions) created on the basis of Resolution 1244. They include, inter alia, the Kosovo Police Service, the judiciary and the associated Ministries of the Interior and of Justice. (3) There is a need to prevent, on humanitarian grounds, possible outbreaks of violence, acts of persecution and intimidation in Kosovo, taking account, as appropriate, of the responsibility towards populations as referred to in Resolution 1674 by the United Nations Security Council on 28 April 2006. (4) On 10 April 2006, the Council adopted Joint Action 2006/304/CFSP on the establishment of an EU Planning Team (EUPT Kosovo) regarding a possible EU crisis management operation in Kosovo in the field of rule of law and possible other areas in Kosovo (1). (5) On 11 December 2006, the Council approved the Crisis Management Concept for a possible EU crisis management operation in the field of rule of law and possible other areas in Kosovo. (6) Joint Action 2006/304/CFSP lays down that the Head of EUPT Kosovo is, in particular, to act under the direction of the Head of the EU crisis management operation in Kosovo once the latter has been appointed. (7) The Brussels European Council of 14 December 2007 underlined the readiness of the EU to play a leading role in strengthening stability in the region in line with its European perspective and in implementing a settlement defining Kosovo's future status. It stated the EU's readiness to assist Kosovo in the path towards sustainable stability, including by means of a European Security and Defence Policy (ESDP) mission and a contribution to an international civilian office as part of the international presences. The General Affairs and External Relations Council was invited to determine the modalities for the mission and when to launch it. The Secretary-General/High Representative (SG/HR) was requested to prepare the mission in discussion with the responsible authorities in Kosovo and the United Nations. In this regard, the United Nations Secretary-General has stated that the United Nations, with the support of the relevant international organisations, is committed to assisting Kosovo in the path towards sustainable stability. The United Nations Secretary-General also noted the readiness of the EU to play an enhanced role in Kosovo, as reflected in the conclusions of the Brussels European Council on 14 December. (8) In parallel with this Joint Action, the Council is adopting a Joint Action appointing an EU Special Representative for Kosovo. (9) In accordance with the guidelines of the Nice European Council of 7-9 December 2000, this Joint Action should determine the role of the SG/HR in accordance with Articles 18 and 26 of the Treaty. (10) Article 14(1) of the Treaty calls for the indication of financing for the whole period of implementation of the Joint Action. The indication of amounts to be financed by the general budget of the European Union illustrates the will of the political authority and is subject to the availability of commitment appropriations during the respective budget year. (11) Considering the scale and nature of the mission established by this Joint Action, specific provisions are required concerning staff recruitment and procurement. (12) The command and control structure of the mission should be without prejudice to the contractual responsibilities of the Head of the mission towards the Commission for implementing the mission's budget. (13) The watch-keeping capability established within the Council Secretariat should be activated for this mission. (14) The European Union Rule of Law Mission in Kosovo will be conducted in a situation which may deteriorate and could harm the objectives of the Common Foreign and Security Policy as set out in Article 11 of the Treaty, HAS ADOPTED THIS JOINT ACTION: Article 1 The mission 1. The EU hereby establishes an European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (hereinafter EULEX KOSOVO). 2. EULEX KOSOVO shall operate in accordance with the Mission Statement set out in Article 2 and shall carry out the tasks as set out in Article 3. Article 2 Mission Statement EULEX KOSOVO shall assist the Kosovo institutions, judicial authorities and law enforcement agencies in their progress towards sustainability and accountability and in further developing and strengthening an independent multi-ethnic justice system and multi-ethnic police and customs service, ensuring that these institutions are free from political interference and adhering to internationally recognised standards and European best practices. EULEX KOSOVO, in full cooperation with the European Commission Assistance Programmes, shall fulfil its mandate through monitoring, mentoring and advising, while retaining certain executive responsibilities. Article 3 Tasks In order to fulfil the Mission Statement set out in Article 2, EULEX KOSOVO shall: (a) monitor, mentor and advise the competent Kosovo institutions on all areas related to the wider rule of law (including a customs service), whilst retaining certain executive responsibilities; (b) ensure the maintenance and promotion of the rule of law, public order and security including, as necessary, in consultation with the relevant international civilian authorities in Kosovo, through reversing or annulling operational decisions taken by the competent Kosovo authorities; (c) help to ensure that all Kosovo rule of law services, including a customs service, are free from political interference; (d) ensure that cases of war crimes, terrorism, organised crime, corruption, inter-ethnic crimes, financial/economic crimes and other serious crimes are properly investigated, prosecuted, adjudicated and enforced, according to the applicable law, including, where appropriate, by international investigators, prosecutors and judges jointly with Kosovo investigators, prosecutors and judges or independently, and by measures including, as appropriate, the creation of cooperation and coordination structures between police and prosecution authorities; (e) contribute to strengthening cooperation and coordination throughout the whole judicial process, particularly in the area of organised crime; (f) contribute to the fight against corruption, fraud and financial crime; (g) contribute to the implementation of the Kosovo Anti-Corruption Strategy and Anti-Corruption Action Plan; (h) assume other responsibilities, independently or in support of the competent Kosovo authorities, to ensure the maintenance and promotion of the rule of law, public order and security, in consultation with the relevant Council agencies; and (i) ensure that all its activities respect international standards concerning human rights and gender mainstreaming. Article 4 Planning and preparation phase 1. During the planning and preparation phase of the mission, EUPT Kosovo shall act as the main planning and preparation element for EULEX KOSOVO. The Head of EUPT Kosovo shall act under the authority of the Head of EULEX KOSOVO (hereinafter the Head of Mission). 2. The risk assessment carried out as part of the planning process shall be updated regularly. 3. EUPT Kosovo shall be responsible for recruiting and deploying staff and procuring equipment, services and premises intended for EULEX KOSOVO, financed from the EUPT Kosovo budget. 4. EUPT Kosovo shall be responsible for drawing up the Operation Plan (OPLAN) and developing technical instruments necessary to execute the mandate of EULEX KOSOVO. The OPLAN shall take into account the risk assessment and shall include a security plan. The Council shall approve the OPLAN. Article 5 Launching and transition period 1. The decision to launch EULEX KOSOVO shall be taken by the Council upon approval of the OPLAN. The operational phase of EULEX KOSOVO shall start upon transfer of authority from the United Nations Mission in Kosovo, UNMIK. 2. During the transition period, the Head of Mission may direct EUPT Kosovo to undertake the necessary activities in order for EULEX KOSOVO to be fully operational on the day of transfer of authority. Article 6 Structure of EULEX KOSOVO 1. EULEX KOSOVO shall be a unified ESDP mission across Kosovo. 2. EULEX KOSOVO shall establish: (a) its main Headquarters in Pristina; (b) regional and local offices across Kosovo; (c) a Brussels support element; and (d) liaison offices, as required. 3. Subject to detailed arrangements in the OPLAN, EULEX KOSOVO shall be structured as follows: (a) the Head of Mission and staff as defined in the OPLAN; (b) a police component, co-located where appropriate with the Kosovo Police Service, including at the border crossing points; (c) a justice component, co-located where appropriate with the relevant Ministries, the Kosovo judiciary, the Kosovo Property Agency, the Kosovo Correctional Service; and (d) a customs component, co-located where appropriate with the Kosovo Customs Service. 4. Specialised police may be hosted in camps designed to cater for their operational needs. Article 7 Civilian Operation Commander 1. The Civilian Planning and Conduct Capability (CPCC) Director shall be the Civilian Operation Commander for EULEX KOSOVO. 2. The Civilian Operation Commander, under the political control and strategic direction of the Political and Security Committee (PSC) and the overall authority of the SG/HR, shall exercise command and control of EULEX KOSOVO at the strategic level. 3. The Civilian Operation Commander shall ensure proper and effective implementation of the Council's decisions as well as the PSC's decisions, including by issuing instructions at strategic level as required to the Head of Mission and providing him with advice and technical support. 4. All seconded staff shall remain under the full command of the national authorities of the seconding State or EU institution concerned. National authorities shall transfer Operational Control (OPCON) of their personnel, teams and units to the Civilian Operation Commander. 5. The Civilian Operation Commander shall have overall responsibility for ensuring that the EU's duty of care is properly discharged. 6. The Civilian Operation Commander and the European Union Special Representative (EUSR) shall consult each other as required. Article 8 Head of Mission 1. The Head of Mission shall assume responsibility and exercise command and control of EULEX KOSOVO at theatre level. 2. The Head of Mission shall exercise command and control over personnel, teams and units from contributing States as assigned by the Civilian Operation Commander together with administrative and logistic responsibility including over assets, resources and information placed at the disposal of EULEX KOSOVO. The exercise of such command and control shall be without prejudice to the principle of the independence of the judiciary and the autonomy of prosecution when considering the discharge of judicial duties of EULEX KOSOVO judges and prosecutors. 3. The Head of Mission shall issue instructions to all EULEX KOSOVO staff, including in this case the support element in Brussels, for the effective conduct of EULEX KOSOVO in theatre, assuming its coordination and day-to-day management, and following the instructions at strategic level of the Civilian Operation Commander. 4. Until the expiry of Joint Action 2006/304/CFSP, the Head of Mission shall be supported by EUPT Kosovo established thereby. 5. The Head of Mission shall be responsible for the implementation of the EULEX KOSOVO's budget. For this purpose, the Head of Mission shall sign a contract with the Commission. 6. The Head of Mission shall be responsible for disciplinary control over the staff. For seconded staff, disciplinary action shall be exercised by the national or EU authority concerned. 7. The Head of Mission shall represent EULEX KOSOVO in the operations area and shall ensure appropriate visibility of EULEX KOSOVO. 8. The Head of Mission shall coordinate, as appropriate, with other EU actors on the ground. The Head of Mission shall, without prejudice to the chain of command, receive local political guidance from the EUSR, including with regard to the political aspects of issues related to executive responsibilities. 9. The Head of Mission shall ensure that EULEX KOSOVO works closely and coordinates with the competent Kosovo authorities and with relevant international actors, as appropriate, including NATO/KFOR, UNMIK, OSCE, third States involved in the rule of law in Kosovo and an International Civilian Office. 10. Under the direct responsibility of the Head of Mission, internal legal and financial control functions shall be performed by personnel independent of the staff responsible for the administration of EULEX KOSOVO. Article 9 Staff 1. The numbers and competence of the EULEX KOSOVO staff shall be consistent with its Mission Statement set out in Article 2, the tasks set out in Article 3 and the structure of EULEX KOSOVO set out in Article 6. 2. EULEX KOSOVO shall consist primarily of staff seconded by Member States or EU institutions. Each Member State or EU institution shall bear the costs related to any of the staff seconded by it, including travel expenses to and from the place of deployment, salaries, medical coverage and allowances other than daily allowances and applicable risks and hardship allowances. 3. EULEX KOSOVO may also recruit, as required, international staff and local staff on a contractual basis. 4. Third States may also, as appropriate, second staff to EULEX KOSOVO. Each seconding third State shall bear the costs related to any of the staff seconded by it, including travel expenses to and from the place of deployment, salaries, medical coverage and allowances. Exceptionally, in duly justified cases, where no qualified applications from Member States are available, nationals from participating third States may be recruited on a contractual basis, as appropriate. 5. All staff shall abide by the mission-specific minimum security operating standards and the mission security plan supporting the EU field security policy. As regards the protection of EU classified information with which they are entrusted in the course of their duties, they shall respect the security principles and minimum standards established by Decision 2001/264/EC (2). Article 10 Status of EULEX KOSOVO and of its staff 1. The status of EULEX KOSOVO and its staff, including the privileges, immunities and further guarantees necessary for the completion and smooth functioning of EULEX KOSOVO, shall be agreed as appropriate. 2. The State or EU institution having seconded a member of staff shall be responsible for answering any claims linked to the secondment, from or concerning the member of staff. The State or EU institution in question shall be responsible for bringing any action against the seconded person. 3. The conditions of employment and the rights and obligations of international and local civilian staff shall be laid down in the contracts between the Head of Mission and the members of staff. Article 11 Chain of command 1. EULEX KOSOVO shall have a unified chain of command, as a crisis management operation. 2. Under the responsibility of the Council, the PSC shall exercise political control and strategic direction of EULEX KOSOVO. 3. As also laid down in Article 7, the Civilian Operation Commander, under the political control and strategic direction of the PSC and the overall authority of the SG/HR, shall be the commander of EULEX KOSOVO at strategic level and, as such, shall issue the Head of Mission with instructions and provide him with advice and technical support. 4. The Civilian Operation Commander shall report to the Council through the SG/HR. 5. The Head of Mission shall exercise command and control of EULEX KOSOVO at theatre level and shall be directly responsible to the Civilian Operation Commander. Article 12 Political control and strategic direction 1. The PSC shall exercise, under the responsibility of the Council, political control and strategic direction of EULEX KOSOVO. 2. The Council hereby authorises the PSC to take the relevant decisions for this purpose, in accordance with the third paragraph of Article 25 of the Treaty. This authorisation shall include the powers to amend the OPLAN and the chain of command. It shall also include powers to take subsequent decisions regarding the appointment of the Head of Mission. The Council, on the recommendation of the SG/HR, shall decide on the objectives and termination of EULEX KOSOVO. 3. The PSC shall report to the Council at regular intervals. 4. The PSC shall receive, on a regular basis and as required, reports by the Civilian Operation Commander and the Head of Mission on issues within their areas of responsibility. Planning for specific areas may be reviewed by the PSC on a regular basis. Article 13 Participation of third States 1. Without prejudice to the decision-making autonomy of the EU and its single institutional framework, third States may be invited to contribute to EULEX KOSOVO provided that they bear the cost of the staff seconded by them, including salaries, allowances and travel expenses to and from the theatre of operation, and to contribute to the running costs of EULEX KOSOVO, as appropriate. 2. Third States making contributions to EULEX KOSOVO shall have the same rights and obligations in terms of day-to-day management of EULEX KOSOVO as Member States taking part in it. 3. The Council hereby authorises the PSC to take the relevant decisions on acceptance or otherwise of the proposed contributions and to establish a Committee of Contributors. 4. Detailed arrangements regarding the participation of third States shall be laid down in an agreement to be concluded in accordance with Article 24 of the Treaty. The SG/HR, assisting the Presidency, may negotiate such arrangements on its behalf. Where the EU and a third State conclude an agreement establishing a framework for the participation of such third State in the EU crisis management operations, the provisions of such agreement shall apply in the context of EULEX KOSOVO. Article 14 Security 1. The Civilian Operation Commander shall direct the Head of Mission's planning of security measures and ensure their proper and effective implementation for EULEX KOSOVO in accordance with Articles 7 and 11 and in coordination with the Security Office of the General Secretariat of the Council. 2. The Head of Mission shall be responsible for the security of the operation and for ensuring compliance with minimum security requirements applicable to the operation, in line with the policy of the EU on the security of personnel deployed outside the EU in an operational capacity under Title V of the Treaty and its supporting instruments. 3. The Head of Mission shall be assisted by a Senior Mission Security Officer (SMSO), who will report to the Head of Mission and also maintain a close functional relationship with the Security Office mentioned in paragraph 1. 4. The Head of Mission shall appoint Area Security Officers in the regional and local EULEX KOSOVO locations, who, under the authority of the SMSO shall be responsible for the day-to-day management of all security aspects of the respective EULEX KOSOVO elements. 5. EULEX KOSOVO staff shall undergo mandatory security training before or upon taking up their duties, in accordance with the OPLAN. They also receive regular in-theatre refresher training organised by the SMSO and the Area Security Officers. 6. The Head of Mission shall ensure that the numbers of EULEX KOSOVO staff present and of authorised visitors never exceed EULEX KOSOVO's capabilities to ensure their safety and security or to manage their evacuation in an emergency situation. 7. The Head of Mission shall ensure the protection of EU classified information in accordance with Decision 2001/264/EC. Article 15 Watch-keeping The watch-keeping capability shall be activated for EULEX KOSOVO. Article 16 Financial arrangements 1. The financial reference amount intended to cover the expenditure related to a period of 16 months starting from the approval of the OPLAN shall be EUR 205 000 000. 2. All expenditure shall be managed in accordance with the Community rules and procedures applicable to the general budget of the EU, with the exception that any pre-financing shall not remain the property of the Community. 3. Subject to the Commission's approval, the Head of Mission may conclude technical arrangements with EU Member States, participating third States and other international actors deployed in Kosovo regarding the provision of equipment, services and premises to EULEX KOSOVO. Nationals of the countries of the Western Balkans region or of contributing third States shall be allowed to tender for contracts. The position of contract holder of contracts or under arrangements concluded by EUPT Kosovo for EULEX KOSOVO during the planning and preparation phase shall be transferred to EULEX KOSOVO, as appropriate. Assets owned by EUPT Kosovo shall be transferred to EULEX KOSOVO. 4. The Head of Mission shall report fully to, and be supervised by, the Commission on the activities undertaken in the framework of his contract. 5. The financial arrangements shall respect the operational requirements of EULEX KOSOVO, including compatibility of equipment and interoperability of its teams, and shall take into consideration the deployment of staff in regional offices. 6. Expenditure shall be eligible as from the date of approval of the OPLAN. Article 17 Coordination with Community actions 1. The Council and the Commission shall, each in accordance with its respective powers, ensure consistency between the implementation of this Joint Action and external activities of the Community in accordance with Article 3 of the Treaty. The Council and the Commission shall cooperate to this end. 2. The necessary coordination arrangements shall be put in place in the EULEX KOSOVO area, as appropriate, as well as in Brussels. Article 18 Release of classified information 1. The SG/HR shall be authorised to release to the United Nations, NATO/KFOR and to other third parties, associated with this Joint Action, EU classified information and documents generated for the purposes of EULEX KOSOVO up to the level of the relevant classification respectively for each of them, in accordance with Decision 2001/264/EC. Local technical arrangements shall be drawn up to facilitate this. 2. In the event of a specific and immediate operational need, the SG/HR shall also be authorised to release to the competent local authorities EU classified information and documents up to the level ‘RESTREINT UE’ generated for the purposes of EULEX KOSOVO, in accordance with Decision 2001/264/EC. In all other cases, such information and documents shall be released to the competent local authorities in accordance with the procedures appropriate to those authorities' level of cooperation with the EU. 3. The SG/HR shall be authorised to release to the United Nations, NATO/KFOR, to other third parties associated with this Joint Action and to the relevant local authorities, EU non-classified documents related to the deliberations of the Council with regard to EULEX KOSOVO covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council's Rules of Procedure (3). Article 19 Review The Council shall evaluate, not later than six months after the start of the operational phase, whether EULEX KOSOVO should be extended. Article 20 Entry into force and duration This Joint Action shall enter into force on the date of its adoption. It shall expire 28 months from the date of approval of the OPLAN. The budget for the last 12 months before expiry shall be decided upon separately by the Council. Article 21 Publication 1. This Joint Action shall be published in the Official Journal of the European Union. 2. The decisions of the PSC pursuant to Article 12(1) regarding the appointment of the Head of Mission shall also be published in the Official Journal of the European Union. Done at Brussels, 4 February 2008. For the Council The President D. RUPEL (1) OJ L 112, 26.4.2006, p. 19. (2) OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision 2007/438/EC (OJ L 164, 26.6.2007, p. 24). (3) Decision 2006/683/EC, Euratom of 15 September 2006 adopting the Council's Rules of Procedure (OJ L 285, 16.10.2006, p. 47). Decision as amended by Decision 2007/881/EC (OJ L 346, 29.12.2007, p. 17).

Summary: EU mission in Kosovo *This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence. — upholding the rule of law EU mission in Kosovo* — upholding the rule of law SUMMARY OF: Joint Action 2008/124/CFSP — EU rule of law mission — EULEX Kosovo WHAT IS THE AIM OF THIS JOINT ACTION? It sets up a European Union rule of law mission in Kosovo, also known as EULEX Kosovo, with a mission to assist the Kosovo institutions, judicial authorities, police and other law enforcement agencies in their progress towards being sustainable and accountable. It also sets out some of the tasks to achieve this. KEY POINTS To achieve its aim, EULEX Kosovo is designed to further develop and strengthen an independent multi-ethnic chain of criminal justice (including customs service), free from political interference and in line with internationally recognised standards. This includes: monitoring, mentoring and providing advice to Kosovo institutions; ensuring the rule of law and public order, if necessary through reversing decisions previously made by the Kosovo authorities; ensuring that war crimes, terrorism, organised crime, corruption, inter-ethnic crimes, financial/economic crimes and other serious crimes are properly dealt with, if necessary with international help and through creating cooperation and coordination structures between police and prosecutors; contributing to the fight against corruption, fraud and financial crime; helping to implement the Kosovo anti-corruption strategy; ensuring that activities respect human rights and gender mainstreaming; and cooperating with judicial and law enforcement authorities of EU and non-EU countries. Relocated judicial proceedings As part of this mandate, EULEX Kosovo will support proceedings that are relocated to an EU country and arise from allegations in the Council of Europe report entitled Inhuman treatment of people and illicit trafficking in human organs in Kosovo of 12 December 2010. The judges and prosecutors will be fully independent. Structure As a common security and defence policy mission, EULEX Kosovo has its main headquarters in Pristina, with offices across Kosovo, as well as a Brussels support element. Operations began following the transfer of authority from the United Nations Mission in Kosovo. A civilian operations commander, under the political and strategic direction of the Political and Security Committee (PSC) and the overall authority of the High Representative of the Union for Foreign Affairs and Security Policy, is in command at the strategic level, while a head of mission is responsible at the local military level. EULEX Kosovo consists mainly of staff seconded by EU countries or institutions that will pay the cost of deployment. Seconded staff come under the full command of the national authorities or EU institution concerned, but come under the operational control of the civilian operations commander who will consult the European Union special representative, as required. Security The civilian operations commander directs the head of mission’s planning of security measures in line with EU policy under Title V of the Treaty on the Functioning of the European Union. Staff undergo mandatory security training before taking up their duties as well as regular updating of knowledge in the military space. Authority As required to implement this joint action, EULEX Kosovo is authorised to: procure services and supplies; enter into contracts and administrative arrangements; employ staff; hold bank accounts; acquire and dispose of assets; and be a party to legal proceedings. Funding The joint action sets out arrangements for the year-by-year funding of EULEX Kosovo. A project cell identifies and implements projects, coordinating and providing advice on relevant projects of EU and non-EU countries, where appropriate. It can also ask for financial contributions from these countries to implement projects in some circumstances, subject to PSC agreement. Information and documents The High Representative is authorised to release classified information to the United Nations, NATO/Kosovo Force, Frontex and other third parties associated with this joint action, in accordance with Decision 2013/488/EU. Review The Council evaluates, at least 6 months before the expiry of the joint action, whether EULEX Kosovo should be extended. FROM WHEN DOES THE JOINT ACTION APPLY? It has applied since 4 February 2008. It will expire on 14 June 2021. BACKGROUND For more details, see: EULEX Kosovo (European External Action Service). MAIN DOCUMENT Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union rule of law mission in Kosovo*, EULEX KOSOVO (OJ L 42, 16.2.2008, pp. 92-98) Successive amendments to Council Joint Action 2008/124/CFSP have been incorporated into the original document. This consolidated version is of documentary value only. RELATED DOCUMENT Council Decision (CFSP) 2020/792 of 11 June 2020 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo* (OJ L 193, 17.6.2020, pp. 9-10) *This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence. last update 25.06.2020


12.7.2007 EN Official Journal of the European Union L 182/19 COUNCIL DIRECTIVE 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production (Text with EEA relevance) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Having regard to the opinion of the European Economic and Social Committee (2), Having consulted the Committee of the Regions, Whereas: (1) The Protocol on protection and welfare of animals annexed to the Treaty establishing the European Community requires that in formulating and implementing agriculture policies, the Community and the Member States are to pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage. (2) Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes (3), drawn up on the basis of the European Convention for the Protection of Animals kept for Farming Purposes (4) (hereinafter referred to as the Convention) lays down minimum standards for the protection of animals bred or kept for farming purposes including provisions on housing, food, water and care appropriate to the physiological and ethological needs of the animals. (3) The Community is a party to the Convention and a specific Recommendation concerning domestic fowl (Gallus gallus) which includes additional provisions for poultry kept for meat production has been adopted within the framework of the convention. (4) The report of the Scientific Committee on Animal Health and Animal Welfare of 21 March 2000 on the Welfare of Chickens Kept for Meat Production (Broilers) concluded that the fast growth rate of chicken strains currently used for this purpose is not accompanied by a satisfactory level of animal welfare and health, and that the negative effects of high stocking rates are reduced in buildings where good indoor climatic conditions can be sustained. (5) Specific provision for non-littered areas, to minimise the influence of genetic parameters or to include welfare indicators in addition to foot-pad dermatitis, will be made when the relevant opinions of the European Food Safety Authority (EFSA) are available. (6) It is necessary to establish rules at Community level for the protection of chickens kept for meat production in order to avoid distortions of competition that may interfere with the smooth running of the common market organisation in that sector and also to ensure the rational development of the sector. (7) In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of introducing animal welfare improvements in the intensive farming of chickens to lay down minimum rules for the protection of chickens for meat production. This Directive does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty. (8) The rules should focus on the welfare problems in intensive farming systems. In order to avoid disproportionate measures applicable to the keeping of small flocks of chickens, a minimum threshold for the application of this Directive should be set. (9) It is important that persons attending to chickens have an understanding of the relevant animal welfare requirements and receive appropriate training to perform their tasks or have acquired experience equivalent to such training. (10) In establishing rules for the protection of chickens kept for meat production, a balance should be kept between the various aspects to be taken into account, as regards animal welfare, health, economic and social considerations and the environmental impact. (11) Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (5) and Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and welfare rules (6) already establish a framework for official controls including compliance with some animal welfare rules. In addition, Regulation (EC) No 882/2004 provides that Member States are to submit annual reports on the implementation of the multi-annual national control plans, including results of controls and audits carried out. For this purpose, financial support is foreseen both in these regulations and in Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (7). (12) Various voluntary schemes already exist in different Member States for the labelling of chicken meat based on compliance with animal welfare standards and other parameters. (13) In light of the experience gained in applying such voluntary labelling schemes, it is appropriate for the Commission to submit a report on the possible introduction of a specific harmonised mandatory labelling scheme at Community level for chicken meat, meat products and preparations based on compliance with animal welfare standards, including the possible socioeconomic implications, the effects on the Community’s economic partners and compliance of such a labelling scheme with World Trade Organization rules. (14) It is appropriate for the Commission to submit a report based on new scientific evidence taking into account further research and practical experience in order to improve further the welfare of chickens kept for meat production including the parent stock of such chickens, in particular as regards aspects not covered by this Directive. That report should specifically consider the possibility to introduce thresholds for indications of poor welfare conditions identified during the post-mortem inspections and the influence of genetic parameters on identified deficiencies resulting in poor welfare of chickens kept for meat production. (15) Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive. (16) The Council, in accordance with paragraph 34 of the Interinstitutional Agreement on better law-making (8), should encourage the Member States to draw up, for themselves and in the interest of the Community their own tables, which will, as far as possible, illustrate the correlation between the Directive and the transposition measures and to make them public. (17) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (9), HAS ADOPTED THIS DIRECTIVE: Article 1 Subject matter and scope 1. This Directive shall apply to chickens kept for meat production. However, it shall not apply to: (a) holdings with fewer than 500 chickens; (b) holdings with only breeding stocks of chickens; (c) hatcheries; (d) extensive indoor and free range chickens, as referred to in points (b), (c), (d), (e) of Annex IV to Commission Regulation (EEC) No 1538/91 of 5 June 1991 introducing detailed rules for implementing Regulation (EEC) No 1906/90 on certain marketing standards for poultry (10); and (e) organically reared chickens in accordance with Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (11). 2. The Directive shall apply to rearing stock on holdings which have both breeding stock and rearing stock. Member States shall remain free to take more stringent measures in the area covered by this Directive. Primary responsibility for animal welfare rests with the owner or keeper of the animals. Article 2 Definitions 1. For the purpose of this Directive, the following definitions shall apply: (a) ‘owner’ means any natural or legal person or persons owning the holding where chickens are kept; (b) ‘keeper’ means any natural or legal person responsible for or in charge of chickens in terms of contract or by law whether on a permanent or temporary basis; (c) ‘competent authority’ means the central authority of a Member State competent to carry out animal welfare, veterinary and zootechnical checks or any other authority to which that competence has been conferred either at regional, local or other level; (d) ‘official veterinarian’ means a veterinarian qualified in accordance with Annex I, Section III, Chapter IV(A) to Regulation (EC) No 854/2004 to act in such a capacity and appointed by the competent authority; (e) ‘chicken’ means an animal of the species Gallus gallus kept for meat production; (f) ‘holding’ means a production site on which chickens are kept; (g) ‘house’ means a building on a holding where a flock of chickens are kept; (h) ‘useable area’ means a littered area accessible to the chickens at any time; (i) ‘stocking density’ means the total live weight of chickens which are present in a house at the same time per square metre of useable area; (j) ‘flock’ means a group of chickens which are placed in a house of a holding and are present in this house at the same time; (k) ‘daily mortality rate’ means the number of chickens which have died in a house on the same day including those that have been culled either for disease or because of other reasons divided by the number of chickens present in the house on that day, multiplied by 100; (l) ‘cumulative daily mortality rate’ means the sum of daily mortality rates. 2. The definition of ‘useable area’ in paragraph 1 point (h) with regard to non-littered areas may be completed in accordance with the procedure referred to in Article 11 following the results of a scientific opinion of the European Food Safety Authority on the impact of non-littered areas on the welfare of chickens. Article 3 Requirements for the keeping of chickens 1. The Member States shall ensure that: (a) all houses comply with the requirements set out in Annex I; (b) the required inspections and the monitoring and follow-up, including those provided for in Annex III, are carried out by the competent authority or the official veterinarian. 2. Member States shall ensure that the maximum stocking density in a holding or a house of a holding does not at any time exceed 33 kg/m2. 3. By way of derogation from paragraph 2, Member States may provide that chickens be kept at a higher stocking density provided that the owner or keeper complies with the requirements set out in Annex II, in addition to the requirements set out in Annex I. 4. Member States shall ensure that, when a derogation is granted under paragraph 3, the maximum stocking density in a holding or a house of a holding does not at any time exceed 39 kg/m2. 5. When the criteria set out in Annex V are fulfilled, Member States may allow that the maximum stocking density referred to in paragraph 4 be increased by a maximum of 3 kg/m2. Article 4 Training and guidance for persons dealing with chickens 1. Member States shall ensure that keepers who are natural persons have received sufficient training in their tasks and that appropriate training courses are available. 2. The training courses referred to in paragraph 1 shall focus on welfare aspects and cover in particular the matters listed in Annex IV. 3. Member States shall ensure that a system is established for the control and approval of training courses. The keeper of the chickens shall hold a certificate which is recognised by the competent authority of the Member State concerned, attesting to the completion of such a training course or to having acquired experience equivalent to such training. 4. Member States may recognise experience acquired before 30 June 2010 as being equivalent to participation in such training courses and shall issue certificates attesting to such equivalence. 5. Member States may provide that the requirements set out in paragraphs 1 to 4 shall also apply to owners. 6. The owner or keeper shall provide instructions and guidance on the relevant animal welfare requirements, including those concerning the methods of culling practised in holdings, to persons employed or engaged by them to attend to chickens or to catch and load them. Article 5 Labelling of poultrymeat Not later than 31 December 2009, the Commission shall submit to the European Parliament and to the Council a report on the possible introduction of a specific harmonised mandatory labelling scheme for chicken meat, meat products and preparations based on compliance with animal welfare standards. That report shall consider possible socioeconomic implications, effects on the Community’s economic partners and compliance of such a labelling scheme with World Trade Organisation rules. The report shall be accompanied by appropriate legislative proposals taking into account such considerations and the experience gained by the Member States in applying voluntary labelling schemes. Article 6 Report by the Commission to the European Parliament and to the Council 1. Based on a scientific opinion of the European Food Safety Authority, the Commission shall no later than 31 December 2010 submit to the European Parliament and to the Council a report concerning the influence of genetic parameters on identified deficiencies resulting in poor welfare of chickens. That report may be accompanied by appropriate legislative proposals, if necessary. 2. Member States shall submit to the Commission the results of the data collection based on monitoring of a representative sample of flocks slaughtered during a minimum period of one year. In order to enable a relevant analysis, the sampling and the data requirements as referred to in Annex III should be scientifically based, objective and comparable, and laid down in accordance with the procedure referred to in Article 11. Member States may need a Community financial contribution for the collection of data for the purpose of this Directive. 3. On the basis of available data and taking into account new scientific evidence, the Commission shall, not later than 30 June 2012, submit to the European Parliament and to the Council a report concerning the application of this Directive and its influence on the welfare of chickens, as well as the development of welfare indicators. The report shall take into account the different production conditions and methods. It shall also take into account the socioeconomic and administrative implications of this Directive including regional aspects. Article 7 Inspections 1. The competent authority shall carry out non-discriminatory inspections to verify compliance with the requirements of this Directive. Such inspections shall be carried out on an adequate proportion of animals kept within each Member State, in accordance with the relevant provisions of Regulation (EC) No 882/2004, and may be carried out at the same time as checks for other purposes. Member States shall put in place appropriate procedures for determining the stocking density. 2. Member States shall submit to the Commission by 30 June each year an annual report for the previous year on the inspections provided for in paragraph 1. The report shall be accompanied by a list of the most relevant actions taken by the competent authority to address the main welfare problems detected. Article 8 Guides to good management practice Member States shall encourage the development of guides to good management practice which shall include guidance on compliance with this Directive. The dissemination and use of such guides shall be encouraged. Article 9 Penalties The 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 provided for shall be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by 30 June 2010 at the latest and shall notify it without delay of any subsequent amendment affecting them. Article 10 Implementing powers Measures necessary to ensure the uniform implementation of this Directive may be adopted in accordance with the procedure referred to in Article 11. Article 11 Committee procedure 1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health, set up by Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (12) (the Committee). 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply. The period referred to in Article 5(6) of Decision 1999/468/EC shall be set at three months. Article 12 Transposition Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2010 at the latest. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. Article 13 Entry into force This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Article 14 This Directive is addressed to the Member States. Done at Luxembourg, 28 June 2007. For the Council The President S. GABRIEL (1) Opinion delivered on 14 February 2006 (not yet published in the Official Journal). (2) Opinion delivered on 26 October 2005 (not yet published in the Official Journal). (3) OJ L 221, 8.8.1998, p. 23. Directive as amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1). (4) OJ L 323, 17.11.1978, p. 14. Convention as amended by a Protocol of amendment (OJ L 395, 31.12.1992, p. 22). (5) OJ L 139, 30.4.2004, p. 206. Corrected by OJ L 226, 25.6.2004, p. 83. Regulation as last amended by Council Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1). (6) OJ L 165, 30.4.2004, p. 1. Corrected by OJ L 191, 28.5.2004, p. 1. Regulation as last amended by Council Regulation (EC) No 1791/2006. (7) OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation (EC) No 1791/2006. (8) OJ C 321, 31.12.2003, p. 1. Corrected by OJ C 4, 8.1.2004, p. 7. (9) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11). (10) OJ L 143, 7.6.1991, p. 11. Regulation as last amended by Regulation (EC) No 2029/2006 (OJ L 414, 30.12.2006, p. 29). (11) OJ L 198, 22.7.1991, p. 1. Regulation as last amended by Commission Regulation (EC) No 394/2007 (OJ L 98, 13.4.2007, p. 3). (12) OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3). ANNEX I REQUIREMENTS APPLICABLE TO HOLDINGS In addition to the relevant provisions of other relevant Community legislation, the following requirements shall apply: Drinkers 1. Drinkers shall be positioned and maintained in such a way that spillage is minimised. Feeding 2. Feed shall be either continuously available or be meal fed and must not be withdrawn from chickens more than 12 hours before the expected slaughter time. Litter 3. All chickens shall have permanent access to litter which is dry and friable on the surface. Ventilation and heating 4. Ventilation shall be sufficient to avoid overheating and, where necessary, in combination with heating systems to remove excessive moisture. Noise 5. The sound level shall be minimised. Ventilation fans, feeding machinery or other equipment shall be constructed, placed, operated and maintained in such a way that they cause the least possible amount of noise. Light 6. All buildings shall have lighting with an intensity of at least 20 lux during the lighting periods, measured at bird eye level and illuminating at least 80 % of the useable area. A temporary reduction in the lighting level may be allowed when necessary following veterinary advice. 7. Within seven days from the time when the chickens are placed in the building and until three days before the foreseen time of slaughter, the lighting must follow a 24-hour rhythm and include periods of darkness lasting at least six hours in total, with at least one uninterrupted period of darkness of at least four hours, excluding dimming periods. Inspection 8. All chickens kept on the holding must be inspected at least twice a day. Special attention should be paid to signs indicating a reduced level of animal welfare and/or animal health. 9. Chickens that are seriously injured or show evident signs of health disorder, such as those having difficulties in walking, severe ascites or severe malformations, and are likely to suffer, shall receive appropriate treatment or be culled immediately. A veterinarian shall be contacted whenever necessary. Cleaning 10. Those parts of buildings, equipment or utensils which are in contact with the chickens shall be thoroughly cleaned and disinfected every time after final depopulation is carried out, before a new flock is introduced into the house. After the final depopulation of a house, all litter must be removed, and clean litter must be provided. Record keeping 11. The owner or keeper shall maintain a record for each house of a holding of: (a) the number of chickens introduced; (b) the useable area; (c) the hybrid or breed of the chickens, if known; (d) by each control, the number of birds found dead with an indication of the causes, if known as well as the number of birds culled with cause; (e) the number of chickens remaining in the flock following the removal of chickens for sale or for slaughter. Those records shall be retained for a period of at least three years and shall be made available to the competent authority when carrying out an inspection or when otherwise requested. Surgical interventions 12. All surgical interventions carried out for reasons other than therapeutic or diagnostic purposes which result in damage to or the loss of a sensitive part of the body or the alteration of bone structure shall be prohibited. However, beak trimming may be authorised by Member States when other measures to prevent feather pecking and cannibalism are exhausted. In such cases, it shall be carried out only after consultation and on the advice of a veterinarian and shall be carried out by qualified staff on chickens that are less than 10 days old. In addition, Member States may authorise the castration of chickens. The castration shall only be carried out under veterinary supervision by personnel who have received a specific training. ANNEX II REQUIREMENTS FOR THE USE OF HIGHER STOCKING DENSITIES Notification and documentation The following requirements shall apply: 1. The owner or keeper shall communicate to the competent authority his intention to use a stocking density of more than 33 kg/m2 live weight. He shall indicate the exact figure and inform the competent authority of any change in the stocking density at least 15 days prior to the placement of the flock in the house. If requested by the competent authority, that notification shall be accompanied by a document summarising the information contained in the documentation required under point 2. 2. The owner or keeper shall maintain and have available in the house compiled documentation describing in detail the production systems. In particular it shall include information on technical details of the house and its equipment such as: (a) a plan of the house including the dimensions of the surfaces occupied by the chickens; (b) ventilation and, if relevant, cooling and heating system, including their location, a ventilation plan, detailing target air quality parameters, such as airflow, air speed and temperature; (c) feeding and watering systems and their location; (d) alarm systems and backup systems in the event of a failure of any automated or mechanical equipment essential for the health and well-being of the animals; (e) floor type and litter normally used. The documentation shall be made available to the competent authority on request and shall be kept updated. In particular, technical inspections of the ventilation and alarm system shall be recorded. The owner or keeper shall communicate to the competent authority any changes to the described house, equipment or procedures which are likely to influence the welfare of the birds without undue delay. Requirements for the holdings — control of environment parameters 3. The owner or keeper shall ensure that each house of a holding is equipped with ventilation and, if necessary, heating and cooling systems designed, constructed and operated in such a way that: (a) the concentration of ammonia (NH3) does not exceed 20 ppm and the concentration of carbon dioxide (CO2) does not exceed 3 000 ppm measured at the level of the chickens’ heads; (b) the inside temperature, when the outside temperature measured in the shade exceeds 30 °C, does not exceed this outside temperature by more than 3 °C; (c) the average relative humidity measured inside the house during 48 hours does not exceed 70 % when the outside temperature is below 10 °C. ANNEX III MONITORING AND FOLLOW-UP AT THE SLAUGHTERHOUSE (as referred to in Article 3(1)) 1. Mortality 1.1. In the case of stocking densities higher than 33 kg/m2, the documentation accompanying the flock shall include the daily mortality rate and the cumulative daily mortality rate calculated by the owner or keeper and the hybrid or breed of the chickens. 1.2. Under the supervision of the official veterinarian these data as well as the number of broilers dead on arrival shall be recorded, indicating the holding and the house of the holding. The plausibility of the data and of the cumulative daily mortality rate shall be checked taking into account the number of broilers slaughtered and the number of broilers dead on arrival at the slaughterhouse. 2. Post-mortem inspection In the context of the controls performed under the Regulation (EC) No 854/2004, the official veterinarian shall evaluate the results of the post-mortem inspection to identify other possible indications of poor welfare conditions such as abnormal levels of contact dermatitis, parasitism and systemic illness in the holding or the unit of the house of the holding of origin. 3. Communication of results If the mortality rate as referred to in paragraph 1 or the results of the post-mortem inspection as referred to in paragraph 2 are consistent with poor animal welfare conditions, the official veterinarian shall communicate the data to the owner or keeper of the animals and to the competent authority. Appropriate actions shall be taken by the owner or the keeper of the animals and by the competent authority. ANNEX IV TRAINING The training courses referred to in Article 4(2) shall at least cover Community legislation concerning the protection of chickens and in particular the following matters: (a) Annexes I and II; (b) physiology, in particular drinking and feeding needs, animal behaviour and the concept of stress; (c) the practical aspects of the careful handling of chickens, and catching, loading and transport; (d) emergency care for chickens, emergency killing and culling; (e) preventive biosecurity measures. ANNEX V CRITERIA FOR THE USE OF INCREASED STOCKING DENSITY (as referred to in Article 3(5)) 1. Criteria (a) the monitoring of the holding carried out by the competent authority within the last two years did not reveal any deficiencies with respect to the requirements of this Directive, and (b) the monitoring by the owner or keeper of the holding is carried out using the guides to good management practice referred to in Article 8, and (c) in at least seven consecutive, subsequently checked flocks from a house the cumulative daily mortality rate was below 1 % + 0,06 % multiplied by the slaughter age of the flock in days. If no monitoring of the holding was carried out by the competent authority within the last two years, at least one monitoring exercise has to be carried out to check whether requirement (a) is fulfilled. 2. Exceptional circumstances By the way of derogation from 1(c), the competent authority may decide to increase the stocking density when the owner or keeper has provided sufficient explanation for the exceptional nature of a higher daily cumulative mortality rate or has shown that the causes lie beyond his sphere of control.

Summary: Animal welfare — protection of chickens kept for meat production Animal welfare — protection of chickens kept for meat production SUMMARY OF: Directive 2007/43/EC — minimum rules for the protection of chickens kept for meat production WHAT IS THE AIM OF THE DIRECTIVE? It aims to introduce rules for animal welfare improvements in holdings in the European Union (EU) where chickens are kept for meat production. These rules are designed to avoid distortions of competition in the sector. KEY POINTS Scope The directive applies to chickens kept for meat production (broiler chickens), and rearing stock on holdings which have both breeding stock and rearing stock. It does not apply to: holdings with fewer than 500 chickens;holdings with only breeding stocks of chickens;hatcheries*;extensive indoor and free-range chickens; andorganically reared chickens. Rules that apply to all holdings Poultry houses where chickens are kept must allow all chickens adequate access to: drinking water;feed; anddry and friable litter. Buildings must have adequate lighting during the lighting periods and sufficient ventilation. All chickens kept on the holdings must be inspected at least twice a day. Chickens that are seriously injured or in poor health must be treated or immediately culled. Surgical procedures performed for purposes other than medical treatment are generally prohibited. Beak trimming and castration are only permitted in certain cases. The owner or keeper must keep records of each poultry house on their holding: the number of chickens introduced and remaining following the removal of chickens for sale and slaughter;the usable area;the breed or type of hybrid of the chickens; andthe mortality rate. Stocking density * EU Member States must ensure that maximum stocking density in a holding or a poultry house on a holding does not at any time exceed 33 kg/m2. A higher stocking density of a maximum of 39 kg/m2 is permitted if the owner or keeper complies with the requirements set out in the directive’s Annex II (environment parameters). The owner or keeper must supply the competent authorities with specific documentation containing technical details relating to the holding and its equipment. Such high-density holdings must be equipped with ventilation, heating and cooling systems to maintain the appropriate temperature, humidity and CO2 and NH3 concentrations. In exceptional circumstances, defined in Annex V, the stocking density may rise to a maximum of 42 kg/m2. Training Persons attending to chickens must hold a certificate attesting they have completed an approved training course or have experience equivalent to such training. Training courses must cover the following welfare aspects: the stocking density requirements for holdings;animal physiology;handling chickens and administering emergency care; andpreventive biosecurity. Member States must encourage the development and distribution of guides to good management practice. Inspections National authorities must carry out regular inspections of holdings to ensure compliance with the directive. Each year, they must submit a report to the European Commission on the inspections carried out and a list of actions taken to address any welfare problems detected. Monitoring and follow-up at slaughterhouses Monitoring at slaughterhouses ensures that the number of broilers dead on arrival are recorded. Signs of poor welfare conditions may be identified in the course of post mortem inspections. If such signs are revealed, the holding and the competent authorities must take appropriate measures. Reports In recent years, a wide range of metabolic and behavioural traits in broilers has been modified by genetic selection, leading to various welfare issues. These include leg problems affecting movement, sudden death syndrome and skin diseases such as contact dermatitis. In 2016, the Commission published a report looking at the influence of genetic parameters on identified deficiencies resulting in poor welfare of chickens. It concluded that: breeders are progressively taking into account traits related to chicken health and welfare in their selection programmes; andthe current legislation provides a monitoring system for animal welfare indicators in commercial conditions that could be further used in the context of genetic selection. In 2018, the Commission published a report on the application of Directive 2007/43/EC and its influence on the welfare of chickens kept for meat production, as well as the development of welfare indicators. Standing Committee The Standing Committee on Plants, Animals, Food and Feed assists the Commission in implementing this directive. Amendment Regulation (EU) 2017/625 on enforcing EU rules for the agri-food chain (see summary) introduced some minor amendments to Regulation (EC) No 1/2005. The amending regulation brings official controls in all the various segments of the supply chain (including animal welfare) under the same legal umbrella. It also provides for new EU reference centres for animal welfare to be established. These centres will undertake scientific and technical studies, conduct training courses, make research findings available and provide scientific and technical advice to Member States. An implementing act, Commission Implementing Regulation (EU) 2019/1685, designated an EU reference centre for poultry and other small farmed animals. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 1 August 2007 and had to become law in the Member States by 30 June 2010. BACKGROUND For further information, see: Broilers (European Commission). KEY TERMS Hatchery. A building where poultry eggs are hatched, often under artificial conditions using incubators. Stocking density. The total live weight of chickens that are present in a house at the same time per square metre of useable area. MAIN DOCUMENT Council Directive 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production (OJ L 182, 12.7.2007, pp. 19–28). Successive amendments to Directive 2007/43/EC have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Commission Implementing Regulation (EU) 2019/1685 of 4 October 2019 designating a European Union Reference Centre for Animal Welfare for poultry and other small farmed animals (OJ L 258, 9.10.2019, pp. 11–12). Report from the Commission to the European Parliament and to the Council on the application of Directive 2007/43/EC and its influence on the welfare of chickens kept for meat production, as well as the development of welfare indicators (COM(2018) 181 final, 13.4.2018). Report from the Commission to the European Parliament and to the Council on the impact of genetic selection on the welfare of chickens kept for meat production (COM(2016) 182 final, 7.4.2016). last update 09.11.2021