CELEX: 51986PC0643
Language: en
Date: 1986-11-21
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE ON THE PROTECTION OF ANIMALS USED FOR EXPERIMENTAL AND OTHER SCIENTIFIC PURPOSES

N o C 323/6                            Official Journal of the European Communities                                 16.12.86
             Amendment to the proposal for a Council Directive on the protection of animals used for
                                       experimental and other scientific purposes (')
                                                     COM(86) 643 final
             (Submitted by the Commission to the Council pursuant to the second paragraph of Article 149 of
                                           the EEC Treaty on 28 November 1986)
                                                       (86/C 323/05)
             0) OJ No C 351, 31. 12. 1985, p. 16.
                                                                            NEW TEXT TAKING ACCOUNT OF AMENDMENTS
                      INITIAL PROPOSAL                                            BY THE EUROPEAN PARLIAMENT
                          Article 4                                                         Article 4
Member States shall ensure that, as far as the general            Member States shall ensure that, as far as the general
care and accommodation of animals is concerned                    care and accommodation of animals is concerned
— all experimental animals shall be adequately housed,            — all experimental animals shall be provided with
    fed and cared for;                                                housing, an environment, at least some freedom of
                                                                      movement, food, water and care appropriate to its
                                                                      health and well-being;
                                                                  The following Articles are inserted :
                                                                                           Article 8a
                                                                  1.    All experiments shall be carried out under general
                                                                  or local anaesthesia.
                                                                  2.    Paragraph 1 above shall not apply when:
                                                                  (a) anaesthesia is judged to be more traumatic to the
                                                                       animal than the experiment itself;
                                                                  (b) anaesthesia is incompatible with the object of the
                                                                      experiment. In such cases appropriate legislative
                                                                      and/or administrative measures shall be taken to
                                                                      ensure that no such experiment is carried out
                                                                      unnecessarily.
                                                                  Anaesthesia should be used in the case of serious injuries
                                                                  which may cause severe pain.
                                                                  3.    If anaesthesia is not possible, analgesics or other
                                                                  appropriate methods should be used in order to ensure as
                                                                  far as possible that pain, suffering, distress or harm are
                                                                  limited and that in any event the animal is not subject to
                                                                  severe pain, distress or suffering.
                                                                  4.    Provided such action is compatible with the object
                                                                  of the experiment, an anaesthetized animal, which
                                                                  suffers considerable pain once anaesthesia has worn off,
                                                                  shall be treated in good time with pain-relieving means
                                                                  or, if this is not possible, shall be immediately and
                                                                  humanely killed.
                                                                                           Article 17a
                                                                  1.    The Commission and Member States should
                                                                  encourage research into the development and validation
                                                                  of alternative techniques which could provide the same
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                                                                       level of information as that obtained in experiments
                                                                       using animals but which involve fewer animals or which
                                                                       entail less painful procedures, and shall take such other
                                                                       steps as they consider appropriate to encourage research
                                                                       in this field. The Commission and Member States shall
                                                                       monitor trends in experimental methods.
                                                                       2.    The Commission shall report before the end of
                                                                       1987 on the possibility of modifying tests and guidelines
                                                                       laid down in existing Community legislation, taking into
                                                                       account the objectives referred to in paragraph 1.
                                           A n n e x e s I I I , IV and V a r e d e l e t e d
              Proposal for a Council Decision on financial participation by the Community in operations of
              monitoring and supervision of fishing activities in the waters falling under the sovereignty or
                                               within the jurisdiction of Portugal
                                                         COM(86) 673 final
                               (Submitted by the Commission to the Council on 1 December 1986)
                                                             (86/C 323/06)
                                              (Only the Portuguese text is authentic)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               Whereas 50 % of the expenditure incurred should be
                                                                       financed by the Community subject to a fixed maximum;
Having regard to the Treaty establishing the European
Economic Community and in particular Article 43                        Whereas it is necessary to ensure that facilities as
thereof,                                                               modernized and improved are put to effective use and
                                                                       that expenditure is properly made,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parlia-                   HAS DECIDED AS FOLLOWS:
ment,
                                                                                                Article 1
Whereas prior to the accession of Portugal, the
Community declared that Community support for                          1.    The Community shall participate under the
monitoring and supervising waters falling under the                    conditions laid down in the Annex in financing
sovereignty or within the jurisdiction of Portugal might               expenditure incurred by Portugal in modernizing and
be envisaged (*);                                                      improving its facilities for monitoring and supervising
                                                                       fishing activities in waters falling under Portuguese
Whereas the facilities available to Portugal for                       sovereignty or within Portuguese jurisdiction with a view
monitoring and supervising the waters falling under                    to proper enforcement of the relevant provisions of the
Portuguese      sovereignty      or    within      Portuguese          common fisheries policy.
jurisdiction, with a view to the proper enforcement of
the relevant provisions governing the common fisheries                 2.    The Community shall reimburse 50 % of eligible
policy, require modernization and improvement in order                 expenditure by Portugal incurred from 1 July 1987 to 30
to make them more effective;                                           June 1989, subject to a maximum Community contri-
                                                                       bution of ECU 8 million.
Whereas it is appropriate that the Community participate
                                                                       3.    Subject to paragraph 2, the Community may grant
in financing expenditure incurred by Portugal for such
                                                                       advances to a maximum of 25 % of eligible expenditure.
modernization and improvement;
                                                                                                Article 2
(') OJ No L 302, 15. 12. 1985, p. 493.                                 This Decision is addressed to the Portuguese Republic.