CELEX: 51975PC0241
Language: en
Date: 1975-05-28
Title: Proposal for a COUNCIL DECISION (EEC) authorising the Commission to open negotiations with the Council of Europe on the accession of the Community to the European Convention for the protection of animals during international transport#Proposal for a COUNCIL DECISION (EEC) concluding the European Convention for the Protection of Animals during International Transport and introducing the provisions necessary for its application to intra-Comnunity trade (submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 241
Vol. 1975/0087
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(75)241 final
                                              Brussels , 28 May 1975
                                  Proposal for a
                            COUNCIL DECISION ( EEC )
  authorising the Commission to open negotiations with the Council of Europe
  on the accession cf the Community to the European Convention for the pro---
  tection of animals during international transport
                                  Proposal for a
                            COUNCIL DECISION ( EEC )
   concluding the European Convention for the Protection of Animals during
  International Transport and introducing the provisions necessary for its
  application to intra-Comnunity trade
                 ( submitted "by the Commission to the Council )
   C0I1(75 ) 241 final
 ---pagebreak---                                Communication to the Council
          1 . Accession "by the Community to the European Convention . for
              the protection of animals during international transport .
          2 . Application of the Convention in intra-Community trade .
The Convention was drawn up by the Council of Europe and signed in Paris on
13 December 1968 .                                            .
It includes a set of provisions designed to prevent animals suffering during
international transport .
Such an objective corresponds entirely to the concerns of the Community , which
has', besides ; already undertaken certain actions in the -field of protection
of animals , which are completed by. the present - proposal .
The general problem of speedy and simultaneous ratification of this Convention
by the Member States , and also that of Community accession, have been discussed
by the competent bodies cf the Council .
On the advisability of accession , the Commission believes that if the Conven­
tion is to be simply an international agreement , the manner of its application
could give rise to dispute which might lead to infractions of Community law ,
and prejudice common market operations , since the Community could find itself
subject to two sets of regulations differing both in substance and in the re­
lated procedures (the Convention provides for the settlement of differences
by arbitration procedures cf. Article 47 )• And on the same assumption, since
Member States would be bound, in this field , by an "external " agreement , it
would be difficult for the Community subsequently to introduce legislation
covering the same field, unless it were simply to adopt the provisions of the
Convention as they stood .
However , the subject cf this Convention is obviously a matter of concern for
the common market and the Community should therefore give thought to introdu- .
cing its own rules , in particular by harmonizing provisions already in force
in certain Member States . Such rules , which could have been adopted unilaterally ,
could also flow from common Community action , being introduced in conjunction
with the conclusion of an agreement with non-member countries covering the
entire problem .                                                            /
 ---pagebreak---                                     - 2 -
The two proposals attached were drawn tip with this in view .
The first authorizes the Commission to negotiate the Community 's accession
to the Convention with the Council of Europe , together with certain . amendments
relating to its application to intra-Comnunity trade . These amendments arise
from the application , within the Community, of the "basic rules laid down
by the Convention ; their object is to make the provisions of the Convention
as effective as possible by providing for recourse to Community procedures in
respeci of any disputes arising .
The second, proposal is intended to give concrete form to the measures taken-
pursuant to the firstf i.e. , to conclude the Convention on behalf of the
Community and lay down the precise terns on which the Convention will be' applied
in intra-Community trade .
Clearly, these proposals are so drafted that the second can only adopted on
successful completion of the negotiations opened by the Commission pursuant ,
to the first . The Commission transmits this second proposal to the Council ;,
herewith to provide the latter with an overall view of the projected measure
immediately.
 ---pagebreak---                                  Proposal for a
                                COGITCIL DECISIOIT ('EEC )
              authorising the Commission to opan negotiations with
              the Council of Europe on the accession of the Community
              to the European Convention for the protection of animals
              during international transport
TEE COUNCIL OP THE EUROPEAN COMEUHITIES
Having regard to the Treaty establishing the European Economic Community !
Ha.ving regard to the proposal from the Commission ;
Vhereas a European Convention on the Protection of Animals during International
Transport has been set up under the auspices of the Council of Europe 5
Whereas the majority of Member States have already signed and ratified this
Convention !
VJhereas Community legislation on the same matter has proved necessary to avoid
obstacles to the free trade of live animals within the common market $
Whereas the accession of the Community will provide a satisfactory basis for
such legislation .
HIS DECIDED AS FOLLONS :
                                   Sole Article
1 . The Commission is         authorised to open negotiations with the Council
    of Europe for the accession of the Community to the European Convention
    for the Protection of Animals during International Transport .
2 . The Commission shall conduct these negotiations in accordance with the
    directives annexed to this Decision .
Done at Brussels                                           For the Council
                                                            The President
 ---pagebreak---                                    ΔΗΝΕΧ
The object of the negotiations undortalren by the Commission is to ?
1 ) establish and insert into the said Convention the appropriate provisions
    allowing the accession of the Community j
2 ) proceed so that the Convention is applied within the Community by intro­
    ducing a Community procedure for the settlement of disputes in conformity
    with the Community rules applied in this field .
 ---pagebreak---             y
                                  Froposol for a
                                ■ COUKCIL DECTSIQN ( me )                    '
                                                              ν
         concluding the European Convention for the Protection of Animals
         during International Transport and introducing the provisions noo f--.:,-
         necessary for its application to intra-Communi ty trade
THE COUNCIL OP THE EURQPE/iN COKKUHITIES' '        ' ■"
Having regard to the Treaty establishing the European Economic ComEunity an4.
in particular Article 43 thereof ;
Having regard to the proposal from the Commission!
Having regard to the Opinion of the European Parliament 5
Whereas by decision of the Council the Commission has. been authorised to open
negotiations with the Council of Europe on the accession of the Community to
the European Convention for the Protection of Animals during International
Transport ;
Whereas the Comnmnity should without delay accede to the said Convention ;
Whereas it is necessary to establish the conditions under which this Convention
is applied to transport of animals between Member States in accordance with
existing Community legislation .
HAS ADOPTED THE FOLLOWING DECISION      '
                                     Article One
The European Convention for the Protection of Animals during International
Transport is hereby concluded on behalf of the Community . The text of the
Convention is contained in the AnneSc to this Decision . .
                                     Article 2
The President of the Council is hereby authorised to designate the person
empowered to sign the Agreement mentioned , in article one and to confer on
them the powers required to bind the Community .
 ---pagebreak---                                          - 2 -
                                       Article 3
The provisions of the Convention mentioned in article 1 are applicable to the
transport of , animals "between Member States with the exception of Chapter VII ,
taking into account the following articles .-
                                       Article A             ,
1 . For the application mentioned in article 3 the following definitions are
    to be useds                   .         '
     (a) "official veterinarian" means the veterinarian designated by the
           competent central authority of the Member State 5
     (b ) "country of despatch" means the Member State from which animals are
           sent to another Member State |
     ( c ) "country of destination" means the Member State to which animals are
           sent from another Member State ?
     (d) "consignment " means a number of animals covered by the same certificate !
    ( e ) "means of transport " means those parts of motor vehicles , rail
           vehicles and aircraft set aside for loading and the holds of ships
           or containers for land , sea or air transport ?
    (f ) "transport " means a movement of animals from one Member State to
           another Member State which includes the use of a means of transport .
2 . The certificate mentioned in article 3 of the Convention is , for animals of
    the bovine and porcine species , the certificate foreseen in Annex 1? of
    Council . Directive EEC/6/r/432 of 26 June 19&4 completed by the following
    words preceding the signatures "The animals are fit for transport in the
    sense of the European Convention for the protection of animals during
    international transport ".          ■ . ■
    In relation to animals of other species , and until the entry into force of
    Community provisions in the matter , these words shall figure in the health
    certificate required by national legislation , or in a separate certificate .
                                       Article 5
    When, during the course of transport , it is found that the dispositions cf
    the present Decision are not or no longer respected , the competent authority
    of the Member State in the territory of whioh this finding is made , shall take
    the appropriate action to remedy the situation , as far as is possible , without
    prejudice to the measures which may be taken in application of article 6 .
    Nevertheless , the consignment may only be held up if such a measure is
    indispensable for the welfare of the animals .                            /
 ---pagebreak---                                       Article 6
When a Member State considers that the provisions governing transport of a
consignment of animals are not , or are no longer observed in another Member
State , it shall inform the competent authority of that State accordingly . The
latter shall take all necessary measures and notify the competent central
authority of the other Member State -of the decisions taken and the reasons for
such decisions .
If « that other Member State fears that the necessary measures have not been
taken or are inadequate , it shall inform the Commission accordingly, which
may seek the opinion of one or more veterinary experts .
Veterinary experts must be national of a Member State other than those involved
in the dispute .
After consulting the Member States , the Commission shall lay dovm the general
rules for applying this article , in particular as regards the appointment of
veterinary experts and the procedure to be followed as regards delivery of an
opinion by them .
           I
                                      Article 7
1 . Where the procedure laid down in this Article is to be followed , natters
     shall be referred by the Chairman , either on his own initiative or at the
     request of a Member State , to the Standing Veterinary Committee (hereinafter
     called "the Committee") set up by the Council Decision of 15 October 1968 .
2 . Within the Committee the votes of Member States shall be weighted as provided
     for in Article 148(2 ) of the Treaty. The Chairman shall not vote .
3 . The representative of the Commission shall submit a draft of the measures
     to be adopted . The Committee shall deliver its opinion on the measures
    within two days . Opinions shall be delivered by a qualified majority of
     41 votesi              -
4. The Commission shall adopt measures which shall apply immediately where
     they are not in accordance . with the opinion of the Committee . However if
     they are not in accordance with the opinion of the Committee or if no
     opinion is delivered , the Commission shall without delay submit to the
     Council the measures to be adopted.
     The Council shall adopt the measures by a qualified majority. If within
     three months from the date on which the proposal was submitted to it , the
     Council has not adopted any measures , the Commission shall adopt the proposed
     measures and apply them immediately .                                  /
 ---pagebreak---                                       - 4 -
                                     Article 8                               v
The provisions of this Decision shall "be without prejudice to Comnunity
legis3_ation concerning health problems , in particular to the provisions laid
do™ in Council Directive EEC/6a/432 of 26 June 19^4 » on. animal health
problems affecting intra-Comniunitjr trade in bovine animals and swine .
                                     Article 9
In the event that the application of the present Decision should necessitate
the , specification of certain methods of execution , and notably to remedy
situations involving national regulations , which in other respeots conform
with the objectives sought but which also include methods of such a nature as
to cause difficulties in trade , the appropriate measures shall bo taken according
to the procedure provided for in Article 7 »                               -
                                     Article 10
This Decision is addressed to the ITeaber States .
                                                     1
                              \
Done at Brussels                                            For the Council
                                                             The President