Source: EURLEX
Language: en
Format: md

#### **`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 O L 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**