COMMISSION OF THE EUROPEAN COMMUNITIES 
COM (92) 243 final 
Brussels, 9 June 1992 
Proposal for a 
COUNCIL DECISION 
on the conclusion of the Protocol of Amendment 
to the European Convention for the protection of animals 
kept for farming purposes 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
The Community is a contracting party to the European Convention for the 
Protection of Animals kept for Farming Purposes, which was opened for 
signature in 1976. A standing Committee established by the convention 
draws up detailed Recommendations for implementing the principles set 
out in the Convention. 
In recent years the standing committee has found that certain matters 
which are now relevant to its work are not explicitly covered by the 
Convention, particularly in relation to recent advances in 
biotechnology and to killing of animals on farms, e.g. for fur 
production. 
On 15 November 1991 the Committee of Ministers of the Council of Europe 
adopted a Protocol of amendment to the Convention in order to take 
account of biotechnology and on-farm killing, and to bring up to date 
the definition of an intensive farming system. The Protocol follows the 
format of the Convention by stating broad general principles. Detailed 
rules of application will be left to the standing Committee. 
The definition of "animals" is amended to make an explicit reference to 
those produced as a result of genetic modifications or novel genetic 
combinations, and the definition of "intensive stock farming" is 
amended to place the emphasis on the need for frequent human attention 
rather than the presence of technical equipment. 
A new article is inserted to require that breeding programmes for 
farming purposes must be designed to to avoid foreseeable suffering or 
injury, taking into account the phenotype or the genotype of the animal 
concerned. 
Article 6 of the Convention is modified to require prior testing, from 
the point of view of animal health and welfare, of substances intended 
to be administered for other than therapeutic or prophylactic purposes. 
Article 7 is amended to require that, if an animal is to be killed on 
the farm, this must be done competently and without causing unnecessary 
pain or distress. 
The principles set out in the Protocol are in accordance with current 
Community policy on the approval of veterinary medicines and food 
additives, and on the protection of animals at the time of slaughter. 
The proposed Decision has no impact on the Community budget. 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
Community, and in particular Article 43 thereof, 
Having regard to the proposal from the commission (1), 
Having regard to the opinion of the European Parliament (2), 
Having regard to the opinion of the Economic and Social Committee (3), 
Whereas the Community has approved the European Convention for the 
protection of animals kept for farming purposes, hereinafter referred 
to as "the convention", by Council Decision 78/923/EEC (4); whereas 
the Community has deposited its instrument of approval; 
Whereas the committee of Ministers has adopted, on 15 November 1991, a 
Protocol of Amendment to the convention in order to take account of 
technical and scientific developments in livestock farming; 
Whereas disparities in national laws on the protection of animals kept 
for farming purposes may give rise to unequal conditions of competition 
and may consequently have an indirect effect on the proper functioning 
of the common market; 
Whereas the Protocol of Amendment to the convention covers matters 
which fall within the scope of the common agricultural policy; 
Whereas the Community's participation thus appears to comply with the 
achievement of the community's objectives, 
(1), (2) and (3) not yet published 
(4) OJNOL 323, 17.11.1978, p. 12 
L 
HEREBY DECIDES AS FOLLOWS: 
Article 1 
The Protocol of Amendment to the European Convention for the protection 
of animals kept for farming purposes is hereby approved on behalf of 
the European Economic Community. 
The text of the Protocol is attached hereto. 
Article 2 
The President of the council shall deposit the instrument of approval 
in accordance with Article 6 of the Protocol. 
Done at Brussels, 
For the Council 
The President 

ISSN 0254-1475 
COM (92) 243 final 
DOCUMENTS 
EN 14 
Catalogue number: CB-CO-92-249-EN-C 
ISBN 92-77-44809-1 
Office for Official Publications of the European Communities 
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