2015 to 2016: Hesse brings the discussion to federal politics

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A few days after the publication of the report, a conference of agriculture ministers takes place in Hesse. The state of Hesse submits a motion to the conference to abandon year-round tethering within twelve years.

Although the motion finds broad approval, it does not pass. The state of Bavaria wants to preserve tie-stall housing and the motion would have needed the approval of all the states (7).

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The former Minister President of Hesse, Volker Bouffier, is not dissuaded from the plan and introduces a motion to the Federal Council at the end of 2015. As at the Conference of Agriculture Ministers, the state of Hesse calls for a ban on tethering cattle all year round with a transitional period of twelve years (8). In April 2016, the Federal Council approves the motion by a large majority, thus passing the ball on to the Federal Government (9).

The Federal Government responded three months later by rejecting the motion. It fears that a ban would place a considerable burden on small and medium-sized (part-time) farms. It also criticizes the fact that the ban would have been drafted without specifying the permissible types of husbandry. Moreover, a comprehensive impact evaluation would be missing (10).

In the following years, various parties call for the ban on year-round tethering. In September 2016, for example, various members of parliament and the Alliance 90/The Greens parliamentary group tabled a motion to ban year-round tethering, as "this husbandry system does not represent animal-friendly housing due to the immense restriction of basic needs (movement, exploration, social behavior, etc.) and contradicts Section 2 of the Animal Welfare Act" (11). In a statement, the Federal Veterinary Surgeons' Association expresses its disappointment about the reaction of the Federal Government (12).

2018: Conflicts of interest in the industry

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In 2018, southern German dairy associations publish a declaration calling for the ban on year-round tethering by 2030. At the end of the year, milch.bayern e.V., a voluntary association of the Bavarian milk and dairy industry, joins the demand (13).

In summer 2018, the German Federation of Rural Youth association publishes a position paper in which they oppose the future viability of tie-stall housing. They propose a ban with a five-year transition period for year-round tethering and ten years for seasonal tethering (14).  

The German Farmers' Association puts pressure on the youth organization, whereupon it withdraws the position paper. The pressure from outside moves two people on the federal board of the youth organization to give up their voluntary positions (15).

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At the end of 2018, Alliance 90/The Greens will introduce a motion to the Federal Parliament to implement animal welfare without delay. They call on the federal government to ban the tethering of cattle all year round. The proposal is rejected (16).  

Also at the end of the year, the Thünen Institute publishes a paper on the "Impact evaluation of a ban on tethering dairy cows all year round". The publication, commissioned by the German Agriculture Ministry, puts the cost of transition at 287 million euro. Various funding programs would have to compensate for this sum.

The accelerated structural change would not be so easy to absorb. However, the Thünen Institute sees long transition periods, funding programs and hardship provisions as suitable measures to ensure a socially acceptable transition (17).

2019 to 2020: The seasonal tethering as a new solution

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After the Bavarian Farmers' Association once again spoke out against a deadline for a ban on tethering at the beginning of 2019 (18), it is trying to find what it sees as a suitable solution together with the dairies in southern Germany (19).  

In a joint press release, they say that "animal welfare in dairy farming" must be expanded in order to ensure social acceptance. On the other hand, the "dairy location" of Bavaria, including the "smaller, family-run farms", must be protected. In addition to loose housing, they also see so-called combination husbandry (Kombinationshaltung) as viable for the future (20).

In July 2019, milch.bayern e.V. and representatives of agriculture in Bavaria present a description of the so-called combination husbandry that they have developed. It is to be "concrete, practical and sustainable" in order to secure Bavaria as a "dairy location". The paper focuses primarily on the amount of exercise the cows should be allowed and the "plus in animal welfare" (21).

Tie-stall housing is particularly widespread in the Bavarian Alps. At the beginning of 2020, the district of Garmisch-Partenkirchen wants to have its cultural landscape protected as a UNESCO World Heritage Site (22). In the application, they explicitly classify the tethering of cattle as a cultural heritage worthy of protection.

After numerous media take up this issue (23), the term "tethering" disappears from the text. The original text mentions the "preservation of the combination husbandry of farm animals (tethering with grazing)" as a key issue. In the new version, it only says the "preservation of the combination husbandry of farm animals with grazing".

This supposedly sounds better, but means the same thing. Because "combination husbandry" is nothing other than "tethering" with occasional free range.

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2020: A new attempt at the federal level

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In February 2020, the "Committee for Agricultural Policy and Consumer Protection" of the Federal Council recommends to clarify more precisely the keeping of cattle older than six months (24). The Federal Council should prohibit all-year tethering in the new regulation and define the so-called “combination husbandry” more precisely. Thus, tethering of cattle over six months of age would be legalized for the first time (25).

The Federal Council takes the decision on the change of the regulation off the agenda twice at short term (26). It will not negotiate it until the third attempt in July 2020. The ban on tethering cattle all year round is rejected. However, this also does not legalize temporary tethering (27).

2021: Will the Green Minister of Agriculture bring the long-awaited ban?

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In November 2021, the governing coalition between Social Democratic Party of Germany (SPD), Alliance 90/The Greens and Free Democrats (FDP) publishes their coalition agreement. In it, the governing parties intend to "end tethering in ten years at the latest" (28). They do not define their intention more precisely.

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This announcement is causing uncertainty In Bavaria. Members of parliament from the Christian Social Union (CSU) and the Free Voters have submitted an emergency motion to the Bavarian state government. In the motion, they call on it to exert pressure at the federal level so that the announced ban on tethering is applied only to year-round tethering and not to seasonal tethering.

The Bavarian delegates justify their request with the fact that the small farms, which allow cattle outdoors temporarily, preserve the cultural landscape of Bavaria. In addition, around 10,000 farmers would have to close their farms if tethering were banned, they argue (29).  

In the vote on the emergency motion there are no no-votes. The representatives of the other groups, including the representatives of the Greens, abstained from voting (30). This demonstrates how politically explosive the subject of tie-stall housing is in Bavaria.

Members of Parliament at the federal level are also concerned about the possible ban on tethering. The Party “National Alternative for Germany” (AfD) is asking the federal government in a brief inquiry to specify the requirement in the coalition agreement in more detail. The question is intended to clarify whether "combination husbandry" should also be banned and what the consequences of this ban would be (31).

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The question triggers a public outrage, as the government's answer remains very vague: "The examination of the concrete implementation of the ban on tethering has not yet been completed" says the Federal Government's answer. The Federal Government does not have any differentiated information on the ecological, economic and structural consequences of a ban on tethering (32).

To date, there is no information on how the ban on tethering will continue. In July 2022, the Minister of Agriculture Özdemir only states that year-round tethering must be abolished and that "combination husbandry" is "interesting". The regulations will still be made in this legislative period, according to Özdemir (33).

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2019 to 2022: Courts and food retailers show more rigorous action

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While politicians act in their usual hesitant and sluggish manner, courts decide on the basis of existing laws that year-round tethering is not a viable husbandry practice.

In May 2019, the Lüneburg Administrative Court rules that 34 beef cattle on a farm may not be kept in year-round tethered conditions. The reasoning is that this husbandry does not comply with the animal welfare requirements under §2 No.1 German Animal Welfare Act (34). The paragraph regulates the general requirements for species- and need-appropriate nutrition, care and housing.

In another case at the end of 2019, the Münster Administrative Court comes to the conclusion that tethering animals all year round is contrary to animal welfare (35). The reason is a farmer who, despite the possibility, does not allow the cows on his farm to go outside. The court decides that tethered cattle must have daily access to open-air runs, at least in summer (36).

The farmer appeals against the ruling (37) and loses this case in February 2022. The Münster Administrative Court decides that the tethered systems that are currently still in place can only be tolerated if the tethered cattle are allowed free exercise for at least two hours every day (38), (39).

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The food retail sector is no longer waiting for politicians to make demands in order to meet the wishes of their consumers and thus secure their profits. Since 2021, several German companies have been labeling their own milk brands with the "No tethering" label.

The Bavarian Milk Producers Association is concerned that this label will further weaken milk from "legally permitted farming methods", and that also means tethering (40).  

At the beginning of 2022, the food retail sector will begin to label milk and dairy products with a four-level husbandry label (41). "Husbandry type 1" offers the worst, "Husbandry type 4" the slightly better husbandry conditions. From the second husbandry level, year-round tethering is prohibited.

At the same time, several companies announce that they will switch completely to drinking milk produced at least in the second husbandry level during the course of the year (42), (43).

The food retailer Aldi goes one step further and announces that from 2024 it will only sell milk from husbandry levels three and four (44). This not only puts a stop to year-round tethering, but also to combined farming. In this consequent approach, Aldi has quite a bit ahead of politics. However, legislative prohibitions are needed for a sustainable improvement for cattle, as the guidelines of the LEH can be quickly withdrawn.

‍2023: The debate is gaining momentum

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Throughout 2023, the draft amendment to the Animal Welfare Act has been stalled in interdepartmental coordination for months. The negotiation processes are dragging on. Scientific studies and current animal welfare assessments argue for the end of tethering.

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No More Gray Area: Why Tethering is Illegal

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At the end of March, a legal opinion commissioned by Greenpeace causes a nationwide stir. The opinion examines animal welfare deficiencies in the husbandry of cows in the dairy industry. The authors conclude that tethering, in individual cases, could constitute animal cruelty, but it at least violates central principles of animal welfare laws (45).

In response to the legal opinion commissioned by Greenpeace, in April, the CDU in Rhineland-Palatinate requests the state government to report on the current situation of tethering in the state and to assess the opinion (46).

In mid-May, Agriculture Minister Daniela Schmitt elaborates: "Tethering severely restricts the cows' movement and thus their natural behavior. The normal behavior of cattle is almost completely suppressed. If this restriction occurs over a longer period or throughout the year, this form of husbandry constitutes a significant burden for the affected animals." In Rhineland-Palatinate, there are just over 10,000 tie-stall places in 425 farms. Agriculture Minister Schmitt finds clear words for this husbandry method: "The tethering of dairy cows is not an animal-friendly form of husbandry and is rightly rejected by science and society."(47)

Also in mid-May, the European Food Safety Authority (EFSA) clarifies in a report that tethering cows is not acceptable from an animal welfare perspective. Therefore, year-round tethering should be immediately banned, and temporary tethering prohibited after a transitional period (48).

In mid-September, Jens Bülte, Professor of Criminal Law, Johanna Hahn, PhD in Criminal Law, and Josef Troxler, Professor of Animal Husbandry and Animal Welfare, publish an article titled "Tethering - Not a Legal Gray Area, but an Illegal Routine." In it, they write that tethering is not compatible with Section 2 of the Animal Welfare Act. An explicit ban on tethering would therefore only mean a request to apply already existing law (49).

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Bavaria vs. Berlin: Dispute Over the Tethering Ban

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At the end of May, it becomes known that the draft law includes a ban on year-round tethering from 2028. Combined husbandry remains permitted and is to be legally regulated and thus legitimized for the first time (50),(51).

The announcement of the ban on year-round tethering causes a stir, especially in Bavaria. Bavarian Agriculture Minister Michaela Kaniber (CSU) expresses outrage and calls for transition aid instead of bans (52).

At the end of October, the Bavarian state government publishes the coalition agreement. It rejects a ban on tethering or a restriction on combination husbandry in "dairy farms." (53) However, this is only the opinion of the Bavarian coalition, as the federal government is responsible for animal welfare regulations.

Just a few days later, the Bavarian Farmers' Association starts the signature campaign "Save Berta from the Slaughterhouse and Small Farmers from Extinction!" The agriculture association criticizes the federal government's planned ban on tethering and the short transition period of five years. Additionally, the association advocates that combination husbandry should continue to be possible in the future (54).

In mid-November, 20 animal welfare organizations send an open letter to Chancellor Olaf Scholz. They address the prolonged process of amending the Animal Welfare Act and criticize that the draft has been stuck in interdepartmental coordination for a long time. The Federal Ministry for Digital and Transport, led by the FDP, has been blocking the process for over a month. The organizations emphasize the importance of finally presenting the amendment draft to enable several planned regulations, which were considered after the amendment of the Animal Welfare Act, within this legislative period (55).

In December, Bavarian Prime Minister Markus Söder (CSU) submits an application from the Free State of Bavaria to the President of the Federal Council, Manuela Schwesig (SPD) (56). The application proposes a resolution of the Federal Council "for the protection of rural cattle husbandry." A legal ban on tethering is deemed inappropriate, as it could accelerate structural change in "dairy farming" and lead to vacancies in villages. Instead, it recommends a gradual transition to combination or loose housing.

The application is submitted with the request to include the resolution in the agenda of the 1040th Federal Council session on December 15, 2023, and subsequently to refer it to the relevant committees for deliberation. Michaela Kaniber (CSU) presents the application in the mentioned plenary session (57).

In January 2024, the Committee on Agricultural Policy and Consumer Protection recommends that the Federal Council not adopt the resolution (58). The Federal Council follows the recommendation and rejects the application in early February 2024 (59).

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2024: Setbacks in the Ban on tie-stall housing

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In February, the Federal Ministry of Food and Agriculture publishes the draft law online. As announced, it includes a ban on year-round tethering in five years. Additionally, it includes an exemption for farms with up to 50 cattle, provided they regularly allow the cattle outdoor exercise (60).

The associations now have one month to provide their feedback on the draft as part of the association hearing. The process as a whole is not transparent, it is not clear whose opinions are taken into account - be it from agricultural interest groups, consumer associations or animal welfare organizations - and whose are not.

In April, the BMEL submits the revised draft for interdepartmental coordination. The new draft represents a significant deterioration for the animals. The ban on year-round tethering for farms with over 50 cattle is extended to ten years instead of five. Additionally, farms with temporary tethering will now be allowed to be passed on to successors - thus, there would be no time limit for combination husbandry (61).

On May 22, 2024, the amendment to the Animal Welfare Act was surprisingly not on the agenda of the Federal Cabinet meeting. The reason is said to be a blockade by the FDP leadership. The amendment is now scheduled to be discussed in the Federal Cabinet on June 12, after the European elections. It is currently unclear whether the law, originally planned for the late autumn, will come into force later (62).

On May 24, 2024, the German government agrees on a draft amendment to the Animal Welfare Act after extensive negotiations. This draft was approved by the cabinet by circular resolution, as announced by Federal Minister of Agriculture Cem Özdemir. Following the cabinet's decision, the draft bill can now go to the Bundestag. Parliamentary deliberations are scheduled to begin after the summer break (63),(64).

On June 17, 2024, Bremen's Senator for Health, Women and Consumer Protection Claudia Bernhard (Die Linke) and State Animal Welfare Commissioner Sibylle Wenzel are calling for an update to the German Animal Welfare Act with 13 amendments, in particular to improve the regulations banning the tethering of cattle. They criticize the draft of the Federal Animal Welfare Act as inadequate and call for an immediate and complete phase-out of the "unlawful form of husbandry", as the transitional period of ten years is too long and seasonal tethering should not be exempted (65).

On June 24, 2024, the Federal Council's Committee for Agricultural Policy and Consumer Protection meets for a special session. In a 100-page document, the committee recommends that the Federal Council calls for an unrestricted ban on tethering. The tethering of animals significantly restricts their behavior and leads to illnesses, injuries and behavioral disorders.

The proposed form of seasonal tethering is also in breach of the German Animal Welfare Act: "Twice-weekly exercise is not sufficient to meet the requirements of paragraph 2 of the German Animal Welfare Act and carries the risk of non-compliance because it cannot be effectively controlled." Providing an exception for small farms with fewer than 50 cattle would lead to the ban being undermined, as almost all farms keep fewer than 50 cattle. The Committee calls for an upper limit of 25 cattle older than six months.

They also recommend that the transitional period be reduced to five years, as originally envisaged in the draft law. Ten years is too long due to the pain, suffering and damage caused by this form of husbandry (66).

On July 2, Bavaria submits a motion for the Federal Council to reject the draft law. The newly proposed regulations banning tethering are "premature and fuel a massive and existence-destroying structural change in dairy farming" (67).

On July 5, 2024, the plenary session of the Bundesrat will meet to vote on the 84 amendments requested by the Agriculture Committee. The federal states reject the requested shortening of the transition period from ten to five years and the reduction of the upper limit from 50 to 25 cattle (68), (69).

In mid-July, Federal Animal Welfare Commissioner Ariane Kari publishes a report on her first year in office. When presenting the results of her first year, Kari emphasizes that she is against the exemptions to the ban on tethering. "I am in favor of a complete ban," says the animal welfare officer (70).

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Take away

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The chronology shows that the agricultural lobby is holding politicians back from consequently implementing a ban on tie-stall housing. Although animal protection organizations and society have shown resistance to this form of husbandry, which is contrary to animal welfare, for decades.

After decades of discussion, it was recently decided in Austria that the ban on all-year tethering is to be implemented without exception from 2030. In Germany, there is still no concrete perspective on a ban. In both countries it looks as if "combination husbandry" will continue to be allowed.

Due to the announced ban on tethering in ten years in the coalition agreement, there is movement in the discussion again. This is the moment for animal protection organizations to become increasingly active again. Now it is important to exert pressure so that not only year-round, but also seasonal tethering is banned - now and not in ten years!