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
Date: 1992-06-09
Institutions: European Commission
Subjects: European convention, livestock, livestock farming, protection of animals, scientific progress, technological change

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) O J N OL  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 

L-2985 Luxembourg