Proposal for a Council Decision concerning the conclusion of the Protocol of Amendment to the European Convention for the protection of vertebrate animals used for experimental and other scientific purposes
Date: 2001-11-28
Institutions: European Commission
Subjects: European convention, amendment, animal experimentation, animal welfare, protection of animals, scientific research

C 25 E/538

EN

Official Journal of the European Communities

29.1.2002

Proposal for a Council Decision concerning the conclusion of the Protocol of Amendment to the
European Convention for the protection of vertebrate animals used for experimental and other
scientific purposes

(2002/C 25 E/15)

(Text with EEA relevance)

COM(2001) 704 final (cid:151) 2001/0278(CNS)

(Submitted by the Commission on 28 November 2001)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty establishing the European
Community, and in particular Article 95, in conjunction with
Article 300(2) and the first subparagraph of Article 300(3),
thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

Article 1

The Protocol of Amendment to the European Convention for
the protection of vertebrate animals used for experimental and
other scientific purposes is hereby approved on behalf of the
European Community.

The text of the Protocol of Amendment is attached to this
Decision.

(1) On 24 November 1986 the Council adopted Directive
laws, regulations
86/609/EEC on the approximation of
and administrative provisions of
the Member States
regarding the protection of animals used for experimental
and other scientific purposes (1), setting out common rules
and main
the
incorporating
provisions of
the European Convention of 18 March
1986 for the protection of vertebrate animals used for
experimental and other
(hereinafter
referred to as (cid:145)the Convention(cid:146)).

scientific purposes

principles,

objectives

(2) On 23 March 1998 the Council

by

the

conclusion

concerning

adopted Decision
1999/575/EC
the
Community of the European Convention for the protection
of vertebrate animals used for experimental and other
the
scientific purposes and made a Declaration that
European Community does not consider itself bound by
to communicate statistical data laid
the requirements
the said Convention (2). The
down in Article 28(1) of
Convention entered into force on 1 November 1998 in
the territory of the Community.

(3) The provisions contained in the Appendices

to the
Convention are of a technical nature and should reflect
and
and technical developments
the
results in the research within the fields covered.
is
It
therefore appropriate to revise these provisions periodically,
through a simplified procedure.

scientific

latest

Article 2

The President of the Council is hereby authorised to designate
the person or persons empowered to sign the Protocol of
Amendment
in
in accordance with Article 4(1)(a)
order to express the consent of the Community to be bound
thereby.

thereof,

Article 3

The signature by the Community shall only take place once
those Member States who are also Parties to the European
Convention referred to in Article 1 have completed procedures
to ratify, accept, approve or accede to the Protocol of
Amendment. Member States shall
inform the Commission,
not later than [date] that they have completed the necessary
procedures.

Article 4

The reservation in respect of Article 28(1) of
the said
Convention made by the European Community as laid down
in Annex B to Council Decision 1999/575/EC shall remain
unaltered.

(4) On 22 June 1998 a Protocol of Amendment setting out a
simplified procedure to amend the Appendices to the
Convention has been opened for signature by the Signa-
tories to the Convention. This Protocol of Amendment
should be approved,

Article 5

This Decision shall be published in the Official Journal of the
European Communities.

(1) OJ L 358, 18.12.1986, p. 1.
(2) OJ L 222, 24.8.1999, p. 29.

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Official Journal of the European Communities

C 25 E/539

Protocol of Amendment to the European Convention for the Protection of Vertebrate Animals
used for Experimental and other Scientific Purposes (Strasbourg, 22.6.1998)

The member States of the Council of Europe and the European Community, Signatories to this Protocol to
the European Convention for the Protection of Vertebrate Animals used for Experimental and other
Scientific Purposes, opened for signature in Strasbourg, on 18 March 1986 (hereinafter referred to as
(cid:145)the Convention(cid:146));

Having regard to the Convention which includes general provisions designed to safeguard animals intended
to be used for scientific purposes from suffering pain and distress, and to their resolve to limit the use of
animals for experimental and other scientific purposes, with the aim of replacing such use whenever
possible,
these alternative
measures;

in particular by seeking alternative measures and encouraging the use of

Considering the technical nature of the provisions included in the Appendices to the Convention;

Acknowledging the need to ensure their consistency with the results of research in the fields covered,

HAVE AGREED AS FOLLOWS:

Article 1

Article 30 of the Convention shall be amended as follows:

(cid:145)1.
The Parties shall, within five years from the entry into
force of this Convention and every five years thereafter, or
more frequently if a majority of
the Parties should so
request, hold multilateral consultations within the Council
of Europe to examine the application of this Convention,
and the advisability of revising it or extending any of its
provisions.

These consultations

2.
convened by the Secretary General of
Europe.

shall

take place at meetings
the Council of

The Parties shall communicate the name of their represen-
tative to the Secretary General of the Council of Europe at
least two months before meetings.

Subject

to the provisions of

the
3.
Parties shall draw up the rules of procedure for the consul-
tations.(cid:146)

this Convention,

Article 2

The Convention shall be supplemented by a new Part XI:
(cid:145)Amendments(cid:146) including a new Article 31 as follows:

the Council of Europe and forwarded by him to the
member States of the Council of Europe, to the European
Community and to any non-member State which has
acceded to, or has been invited to accede to the Convention
in accordance with the provisions of Article 34.

2.
Any amendments proposed in accordance with the
provisions of the preceding paragraph shall be examined
at a multilateral consultation not less than six months after
the date of forwarding by the Secretary General where it
may be adopted by a two-thirds majority of the Parties. The
text adopted shall be forwarded to the Parties.

Twelve months after its adoption at a multilateral
3.
consultation, any amendment shall enter into force unless
one third of the Parties have notified objections.(cid:146)

Article 3

Articles 31 to 37 of the Convention shall become Articles 32
to 38 of the Convention respectively.

Article 4

This Protocol shall be open for signature by the Signa-
1.
tories to the Convention, which may become Parties to this
Protocol by:

(a) signature without reservation as to ratification, acceptance

or approval; or

(cid:145)1.
Any amendment to Appendices A and B, proposed
by a Party or the Committee of Ministers of the Council of
Europe shall be communicated to the Secretary General of

(b) signature subject to ratification, acceptance or approval,

followed by ratification, acceptance or approval.

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Official Journal of the European Communities

29.1.2002

A Signatory of the Convention may not sign this Protocol
2.
without reservation as to ratification, acceptance or approval,
or deposit
acceptance or
approval, unless it has already deposited or simultaneously
deposits an instrument of ratification, acceptance or approval
of the Convention.

an instrument of

ratification,

States which have acceded to the Convention may also

3.
accede to this Protocol.

4.
The instruments of ratification, acceptance, approval or
accession shall be deposited with the Secretary General of the
Council of Europe.

Article 5

This Protocol shall enter into force on the thirtieth day after
the date on which all
the Parties to the Convention have
become Parties to this Protocol in accordance with Article 4.

Article 6

The Secretary General of the Council of Europe shall notify the
member States of the Council of Europe, the other Parties to
the Convention and the European Community of:

(a) any signature without reservation in respect of ratification,

acceptance or approval;

(b) any signature with reservation in respect of ratification,

acceptance or approval;

(c) any deposit of an instrument of ratification, acceptance,

approval or accession;

(d) any date of entry into force of this Protocol in accordance

with Article 5 thereof;

(e) any other act, notification or communication relating to

this Protocol.

In witness thereof the undersigned, being duly authorised thereto, have signed this Protocol.

in English and in French, both texts being equally
Done at Strasbourg, this 22nd day of June 1998,
authentic,
in a single copy which shall be deposited in the archives of the Council of Europe. The
Secretary General of the Council of Europe shall transmit certified copies to each member State of the
Council of Europe, to the other Parties to the Convention and to the European Community.