2003/584/EC: Council Decision of 22 July 2003 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: 2003-07-22
Institutions: Council of the European Union
Subjects: European convention, animal experimentation, protection of animals

L 198/10

EN

Official Journal of the European Union

6.8.2003

COUNCIL DECISION

of 22 July 2003

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

(2003/584/EC)

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 (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

(2)

(3)

(4)

On 24 November 1986 the Council adopted Directive
86/609/EEC on the approximation of laws, regulations
and administrative provisions of
the Member States
regarding the protection of animals used for experi-
mental and other scientific purposes (3), setting out
common rules incorporating the principles, objectives
and main provisions of the European Convention of 18
March 1986 for the protection of vertebrate animals
used for experimental and other scientific purposes
(hereinafter referred to as the Convention).

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) and made a Declaration that the European
itself bound by the
Community does not consider
requirements to communicate statistical data laid down
in Article 28(1) of the said Convention. The Convention
entered into force on 1 November 1998 in the territory
of the Community.

The provisions contained in the Appendices to the
Convention are of a technical nature and should reflect
the latest scientific and technical developments and
results in the research within the fields covered. It is
therefore appropriate to revise these provisions periodi-
cally, through a simplified procedure.

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 therefore be approved,

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.

Article 2

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

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 of
this Decision have
completed procedures to conclude the Protocol of Amendment
pursuant to Article 4 thereof. Member States shall inform the
Commission as soon as possible when they have completed the
necessary procedures.

Article 4

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

Article 5

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

Done at Brussels, 22 July 2003.

For the Council

The President

G. ALEMANNO

(1) OJ C 25 E, 29.1.2002, p. 538-540.
(2) Opinion of 2 July 2002 (not yet published in the Official Journal).
(3) OJ L 358, 18.12.1986, p. 1.
(4) OJ L 222, 24.8.1999, p. 29.

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Official Journal of the European Union

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ANNEX

PROTOCOL OF AMENDMENT

to the European Convention for the protection of vertebrate animals used for experimental and
other scientific purposes

Strasbourg, 22 June 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 the Convention),

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 experi-
mental and other scientific purposes, with the aim of replacing such use whenever possible, in particular by seeking
alternative measures and encouraging the use of these alternative measures,

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:

‘1.
The Parties shall, within five years from the entry
into force of this Convention and every five years there-
after, 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 shall

2.
convened by the Secretary-General of
Europe.

take place at meetings
the Council of

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.

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

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.

Article 3

Subject

to the provisions of

3.
the
Parties shall draw up the rules of procedure for the consul-
tations.’

this Convention,

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

Article 2

The Convention shall be supplemented by a new Part XI:
‘Amendments’ including a new Article 31 as follows:

‘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
the Council of Europe and forwarded by him to the

Article 4

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

(a) signature without reservation as to ratification, acceptance

or approval; or

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

followed by ratification, acceptance or approval.

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

ratification, acceptance or approval of

States which have acceded to the Convention may also

3.
accede to this Protocol.

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

Article 5

This Protocol shall enter into force on the 30th day after the
date on which all the Parties to the Convention have become
Parties to this Protocol in accordance with Article 4.

(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,
thereto, have signed this Protocol.

the undersigned, being duly authorised

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;

Done at Strasbourg, this twenty-second day of June 1998, in
English and in French, both texts being equally 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.