Directive 2003/65/EC of the European Parliament and of the Council of 22 July 2003 amending Council Directive 86/609/EEC on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes (Text with EEA relevance)
Date: 2003-07-22
Institutions: Council of the European Union, European Parliament
Subjects: animal experimentation, animal welfare, approximation of laws

L 230/32

EN

Official Journal of the European Union

16.9.2003

DIRECTIVE 2003/65/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 22 July 2003

amending Council Directive 86/609/EEC on the approximation of laws, regulations and administra-
tive provisions of the Member States regarding the protection of animals used for experimental
and other scientific purposes

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(5)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 95 thereof,

Having regard to the proposal from the Commission (1),

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (6).

(6)

Therefore Directive 86/609/EEC should be amended
accordingly,

Having regard to the opinion of the European Economic and
Social Committee (2),

HAVE ADOPTED THIS DIRECTIVE:

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Article 1

Whereas:

(1)

(2)

(3)

(4)

On 23 March 1998 the Council adopted Decision 1999/
575/EC concerning the conclusion by the Community of
the European Convention for the protection of verte-
brate animals used for experimental and other scientific
purposes (4) (hereinafter referred to as the Convention).

Council Directive 86/609/EEC (5)
is the implementing
tool of the Convention incorporating the same objectives
as the Convention.

Annex II to Directive 86/609/EEC containing guidelines
for accommodation and care of animals takes over
Appendix A to the Convention. The provisions
contained in Appendix A to the Convention and the
Annexes to the said Directive are of a technical nature.

It is necessary to ensure the consistency of the Annexes
to Directive 86/609/EEC with the latest scientific and
technical developments and results of research within
the fields covered. Currently, changes to the Annexes
can only be adopted by the long-drawn-out co-decision
procedure with the consequence that their content is
lagging behind the latest developments in the field.

(1) OJ C 25 E, 29.1.2002, p. 536.
(2) OJ C 94, 18.4.2002, p. 5.
(3) Opinion of

the European Parliament of 2 July 2002 (not yet
published in the Official Journal), Council Common Position of 17
March 2003 (OJ C 113 E, 13.5.2003, p. 59) and Decision of the
European Parliament of 19 June 2003 (not yet published in the
Official Journal).

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

In Directive 86/609/EEC the following Articles
inserted:

shall be

‘Article 24a

The measures necessary for the implementation of this
Directive relating to the subject matters referred to below
shall be adopted in accordance with the regulatory proce-
dure set out in Article 24b(2):

— Annexes to this Directive.

Article 24b

1.

The Commission shall be assisted by a Committee.

2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply, having regard
to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/
468/EC shall be set at three months.

3.

The Committee shall adopt its rules of procedure.’

Article 2

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Direc-
tive before 16 September 2004. They shall forthwith inform
the Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or be accompanied by such a refer-
ence on the occasion of their official publication. The methods
of making such reference shall be laid down by the Member
States.

(6) OJ L 184, 17.7.1999, p. 23.

16.9.2003

EN

Official Journal of the European Union

L 230/33

This Directive shall enter into force on the day of its publication in the Official Journal of the European
Union.

Article 3

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 22 July 2003.

For the European Parliament

The President

P. COX

For the Council

The President

G. ALEMANNO