Legislation
Dossier: Tail biting and tail docking
The legal requirements related to tail docking can be found in two Council Directives, and in two supporting documents from the Commission.
- Council Directive 98/58/EC concerning the protection of animals kept for farming purposes lays down the basic principle that pigs should be offered an adequate level of welfare.
- Council Directive 2008/120/EC elaborates on this and sets out specific rules on the protection of pigs.
- Commission Recommendation (EU) 2016/336 describes measures to reduce the need for tail-docking.
- In accordance with the recommendation, best practices to reduce tail biting are suggested in a Staff Working Document, which is not legally binding.
According to the Commission Recommendation, the following six key factors should be checked when carrying out a risk assessment of the incidence of tail-biting based on animal and non-animal based indicators:
- Enrichment materials
- Climate
- Health status
- Competition over resources
- Diet
- Pen structure/cleanliness
Relevant legal requirements are presented here in conjunction with the abovementioned six key or risk factors.
Enrichment materials
Directive 2008/120/EC:
Manipulable material: “Member States shall ensure that, without prejudice to the requirements laid down in Annex I, sows and gilts have permanent access to manipulable material at least complying with the relevant requirements of that Annex.” {Art.3, point 5}
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Directive 2008/120/EC:
Manipulable material: “pigs must have permanent access to a sufficient quantity of material to enable proper investigation and manipulation activities, such as straw, hay, wood, sawdust, mushroom compost, peat or a mixture of such, which does not compromise the health of the animals.” {Annex 1, Chapter I, point 4}
Materials for investigation: “When signs of severe fighting appear [in weaners and rearing pigs] the causes shall be immediately investigated and appropriate measures taken, such as providing plentiful straw to the animals, if possible, or other materials for investigation. Animals at risk or particularly aggressive animals shall be kept separate from the group.” {Annex 1, Chapter II, point D3}
Climate
Directive 98/58/EC:
Buildings and accommodation: “Air circulation, dust levels, temperature, relative air humidity and gas concentrations must be kept within limits which are not harmful to the animals.” {10. Annex}
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Directive 98/58/EC:
Buildings and accommodation: “Animals kept in buildings must not be kept either in permanent darkness or without an appropriate period of rest from artificial lighting. Where the natural light available is insufficient to meet the physiological and ethological needs of the animals, appropriate artificial lighting must be provided.” {11. Annex}
Animals not kept in buildings: “Animals not kept in buildings shall where necessary and possible be given protection from adverse weather conditions, ....” {12. Annex}
Directive 2008/120/EC:
Lighting regime: “Pigs must be kept in light with an intensity of at least 40 lux for a minimum period of eight hours per day. {Annex 1, Chapter I, point 2}
Thermal comfort: “The accommodation for pigs must be constructed in such a way as to allow the animals to: have access to a lying area physically and thermally comfortable as well as adequately drained and clean which allows all the animals to lie at the same time, ..” {Annex 1, Chapter I, point 3}
Health status
Directive 98/58/EC:
General: “Member States shall make provision to ensure that the owners or keepers take all reasonable steps to ensure the welfare of animals under their care and to ensure that those animals are not caused any unnecessary pain, suffering or injury.” {Art.3}
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Directive 98/58/EC:
Inspection:
“All animals kept in husbandry systems in which their welfare depends on frequent human attention shall be inspected at least once a day. Animals in other systems shall be inspected at intervals sufficient to avoid any suffering.” {2. Annex}
“Any animal which appears to be ill or injured must be cared for appropriately without delay and, where an animal does not respond to such care, veterinary advice must be obtained as soon as possible. Where necessary sick or injured animals shall be isolated in suitable accommodation with, where appropriate, dry comfortable bedding.” {4. Annex}
Record keeping: “The owner or keeper of the animals shall maintain a record of any medicinal treatment given and of the number of mortalities found to each inspection.” {5. Annex}
Buildings and accommodation: “Accommodation and fittings for securing animals shall be constructed and maintained so that there are no sharp edges or protrusions likely to cause injury to the animals.” {9. Annex}
Directive 2008/120/EC:
Temporary isolation:
“Member States shall ensure that pigs that have to be kept in groups, that are particularly aggressive, that have been attacked by other pigs or that are sick or injured may temporarily be kept in individual pens. In this case the individual pen used shall allow the animal to turn around easily if this is not in contradiction with specific veterinary advice.” {Art.3, point 8}
“When signs of severe fighting appear [in weaners and rearing pigs] the causes shall be immediately investigated and appropriate measures taken, such as providing plentiful straw to the animals, if possible, or other materials for investigation. Animals at risk or particularly aggressive animals shall be kept separate from the group. {Annex 1, Chapter II, point D3}
Suitable floors: “Floors must be smooth but not slippery so as to prevent injury to the pigs and so designed, constructed and maintained as not to cause injury or suffering to pigs. They must be suitable for the size and weight of the pigs and, if no litter is provided, form a rigid, even and stable surface.” {Annex 1, Chapter I, point 5}
Competition over resources
Directive 2008/120/EC
Access to food: “All pigs must be fed at least once a day. Where pigs are fed in groups and not ad libitum or by an automatic system feeding the animals individually, each pig must have access to the food at the same time as the others in the group.” {Annex 1, Chapter I, point 6}
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Directive 2008/120/EC:
Access to water: “All pigs over two weeks of age must have permanent access to a sufficient quantity of fresh water.” {Annex 1, Chapter I, point 7}
Escape opportunities: “They should be kept in groups with as little mixing as possible. If pigs unfamiliar with one another have to be mixed, this should be done at as young an age as possible, preferably before or up to one week after weaning. When pigs are mixed they shall be provided with adequate opportunities to escape and hide from other pigs.” {Annex 1, Chapter II, point D2}
Minimum legal floor area: {Art.3, point 1a}
| Live weight (kg) | total area (m2) |
| ≤10 | 0.15 |
| 10 - 20 | 0.20 |
| 20 - 30 | 0.30 |
| 30-50 | 0.40 |
| 50 - 85 | 0.55 |
| 85 - 110 | 0.65 |
| 110+ | 1.00 |
Diet
Directive 98/58/EC:
Feed, water and other substances: “Animals must be fed a wholesome diet which is appropriate to their age and species and which is fed to them in sufficient quantity to maintain them in good health and satisfy their nutritional needs. No animal shall be provided with food or liquid in a manner, nor shall such food or liquid contain any substance,which may cause unnecessary suffering or injury.” {14. Annex}
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Directive 98/58/EC:
Feed, water and other substances:
“All animals must have access to feed at intervals appropriate to their physiological needs.” {15. Annex}
“All animals must have access to a suitable water supply or be able to satisfy their fluid intake needs by other means. {16. Annex}
“Feeding and watering equipment must be designed, constructed and placed so that contamination of food and water and the harmful effects of competition between the animals are minimised.” {17. Annex}
Directive 2008/120/EC
Access to water: “All pigs over two weeks of age must have permanent access to a sufficient quantity of fresh water.” {Annex 1, Chapter I, point 7}
Pen structure/cleanliness
Directive 2008/120/EC
Cleanliness: “The accommodation for pigs must be constructed in such a way as to allow the animals to: have access to a lying area physically and thermally comfortable as well as adequately drained and clean which allows all the animals to lie at the same time, ..” {Annex 1, Chapter I, point 3}