Message 001
Communication from the Commission - TRIS/(2023) 2973
Directive (EU) 2015/1535
Notification: 2023/0603/BE
Notification of a draft text from a Member State
Notification – Notification – Notifzierung – Нотификация – Oznámení – Notifikation – Γνωστοποίηση – Notificación – Teavitamine – Ilmoitus – Obavijest – Bejelentés – Notifica – Pranešimas – Paziņojums – Notifika – Kennisgeving – Zawiadomienie – Notificação – Notificare – Oznámenie – Obvestilo – Anmälan – Fógra a thabhairt
Does not open the delays - N'ouvre pas de délai - Kein Fristbeginn - Не се предвижда период на прекъсване - Nezahajuje prodlení - Fristerne indledes ikke - Καμμία έναρξη προθεσμίας - No abre el plazo - Viivituste perioodi ei avata - Määräaika ei ala tästä - Ne otvara razdoblje kašnjenja - Nem nyitja meg a késéseket - Non fa decorrere la mora - Atidėjimai nepradedami - Atlikšanas laikposms nesākas - Ma jiftaħx il-perijodi ta’ dewmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Nu deschide perioadele de stagnare - Nezačína oneskorenia - Ne uvaja zamud - Inleder ingen frist - Ní osclaíonn sé na moilleanna
MSG: 20232973.EN
1. MSG 001 IND 2023 0603 BE EN 23-10-2023 BE NOTIF
2. Belgium
3A. FOD Economie, KMO, Middenstand en Energie
Algemene Directie Kwaliteit en Veiligheid - Dienst Verbindingsbureau - BELNotif
NG III – 2de verdieping
Koning Albert II-laan, 16
B - 1000 Brussel
be.belnotif@economie.fgov.be
3B. Vlaamse overheid
Departement Omgeving
4. 2023/0603/BE - C90A - Well-being of animals and pets
5. Draft Decree on animal welfare
6. Animals
7.
8. The draft Decree provides a coherent and consistent regulatory framework in Flanders for all segments of the Flemish animal welfare policy, from farm animals to pet animals, laboratory animals, zoo animals and exotic animals. The Decree shall replace and supplement the Federal (Framework) Act of 1986. This notification contains the following new provisions.
NEW TECHNICAL REQUIREMENTS (DIRECTIVE 2015/1535/EU)
Ban on wild capture (Article 9)
The decree provides for a general ban on the keeping of wild-caught animals. This prohibition does not apply to a number of listed acts and institutions, which go hand in hand with the protection of animal welfare. The Flemish Government can extend this list.
- Excavation policy for cages intended for laying hens and rearing farms (Article 22 of Article 84, 4°);
The draft therefore foresees a phasing out of the use of cage systems for chickens. This prohibition applies both to laying-hen farming itself and to rearing farms. An exception to the ban applies to animals that need to be isolated on medical grounds. The ban on cage systems does not cover the temporary compartmentalisation or separation of the animals concerned. Floors in open aviary systems are also possible.
The ban will enter into force for existing farms on 1 January 2036 (see Article 84, 4°). By consequence, this provides for a reasonable period of time so that the poultry farmers concerned can make the necessary adjustments in due time to reorient their activities. However, the Article shall enter into force on 1 January 2024 for those farms wishing to replace their existing cage systems before 1 January 2036 or to put into service cage systems for the first time and at the same time the environmental permit application was not submitted before 14 July 2023.
- Delegation to the Flemish Government whose task is to put into effect a ban on the killing of day-old male chicks as soon as it can determine that sex determination in the egg is possible for day 12 after incubation (Article 37)
As a principle, it is stipulated that the killing of chicks intended for the production of eggs for consumption is prohibited. However, this Article shall enter into force as soon as it is determined by the Flemish Government that the sex determination of chicks in the egg is feasible for day 12 after incubation. The Flemish Government may provide exceptions to this prohibition.
- Ban on killing mice and rats by means of glue traps and anticoagulant rodenticides (Article 38(1), 1° and 3°)
The design introduces a ban on the extermination of rats and mice by means of products including glue as active ingredient, intended for the immobilisation of animals and anticoagulant rodenticides. The Flemish Government is granted a delegation to extend these prohibitions to other animal species (pests or otherwise).
9. The measures included in the draft are motivated by the desire for higher protection of the welfare of the intended animals. Because they can suffer and feel, animals are given a special status, which differs from objects, and thus enjoy a special protection provided in the draft. The primary law of the European Union also recognises the requirement to take full account of the welfare of animals ‘as sentient beings’ (Article 13 TFEU).
The measures apply to animals living in Flanders and to all keepers, regardless of their place of residence, location or place of establishment.
The measures are proportionate to the pursued goal, as the following shall mention.
- Ban on wild capture (Article 9)
Many animals are still caught in the wild and kept as pet animals. However, animals originating from the wild are more sensitive to stress caused by being kept in captivity, which require higher demands on their environment and care than their captive-grown counterparts. In addition, they often carry diseases, which demand specialised follow-up. As a result, they are not suitable for being held in captivity without restriction. This draft shall not impact the legislation in the field of agriculture, fishery and nature protection.
- Excavation policy for cages intended for laying hens and rearing farms (Article 22 of Article 84, 4°)
However, cages are not suitable to achieve a sufficient level of animal welfare. This is explained in the EFSA report published on 21 February 2023, entitled ‘Welfare of Laying Hens on Farm’.
— ban on the killing of day-old male chicks as soon as it can determine that sex determination in the egg is possible for day 12 after incubation (Article 37)
To prevent cocks from being born, techniques have been developed in recent years to quickly determine the sex of the embryos in the hatching egg. However, these techniques are not ready yet and are not yet economically feasible. As soon as these techniques are possible, the Flemish government can put in place the ban on killing rooster chicks under conditions.
- Ban on killing mice and rats by means of glue traps (Article 38)
The use of glues intended to immobilise mice and rats, leading to death, clearly entails unnecessary suffering for the animal.
10. Numbers or titles of basic texts:
11. No
12.
13. No
14. No
15. No
16.
TBT aspects: No
SPS aspects: No
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European Commission
Contact point Directive (EU) 2015/1535
email: grow-dir2015-1535-central@ec.europa.eu
