CELEX: 51992PC0243
Language: en
Date: 1992-06-09
Title: 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

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)
 ---pagebreak---                           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.
 ---pagebreak--- 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.
 ---pagebreak--- 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
 ---pagebreak--- 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
 ---pagebreak---  ---pagebreak---                                                                      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
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