European Convention for the Protection of Animals Kept for Farming Purposes

Strasbourg, 10.III.1976

The member States of the Council of Europe signatory hereto,

Considering that it is desirable to adopt common provisions for the protection of animals kept for farming purposes, particularly in modern intensive stock - farming systems,

Have agreed as follows:

Chapter I - General principles

Article 1

This Convention shall apply to the keeping, care and housing of animals, and in particular to animals in modern intensive stock farming systems. For the purposes of this Convention animals shall mean animals bred or kept for the production of food, wool, skin or fur or for other farming purposes, and modern intensive stock farming systems shall mean systems which predominantly employ technical installations operated principally by means of automatic processes.

Article 2

Each Contracting Party shall give effect to the principles of animal welfare laid down in Articles 3 to 7 of this Convention.

Article 3

Animals shall be housed and provided with food, water and care in a manner which - having regard to their species and to their degree of development, adaptation and domestication - is appropriate to their physiological and ethological needs in accordance with established experience and scientific knowledge.

Article 4

1. The freedom of movement appropriate to an animal, having regarded to its species and in accordance with established experience and scientific knowledge, shall not be restricted in such a manner as to cause it unnecessary suffering or injury.

2. Where an animal is continuously or regularly tethered or confined, it shall be given the space appropriate to its physiological and ethological needs in accordance with established experience and scientific knowledge.

Article 5

The lighting, temperature, humidity, air circulation, ventilation, and other environmental conditions such as gas concentration or noise intensity in the place in which an animal is housed, shall - having regard to its species and to its degree of development, adaptation and domestication - conform to its physiological and ethological needs in accordance with established experience and scientific knowledge.

Article 6

No animal shall be provided with food or liquid in a manner, nor shall such food or liquid contain any substance, which may cause unnecessary suffering or injury.

Article 7

1. The condition and state of health of animals shall be thoroughly inspected at intervals sufficient to avoid unnecessary suffering and in the case of animals kept in modern intensive stock farming at least once a day.

2. The technical equipment used in modern intensive stock farming systems shall be thoroughly inspected at least once a day, and any defect discovered shall be remedied with the least possible delay. When a defect cannot be remedied forthwith, all temporary measures necessary to safeguard the welfare of the animals shall be taken immediately.

Chapter II - Detailed implementation

Article 8

1. A Standing Committee shall be set up within a year of the entry into force of this Convention.

2. Each Contracting Party shall have the right to appoint a representative to the Standing Committee. Any member State of the Council of Europe which is not a Contracting Party to the Convention shall have the right to be represented on the Committee by an observer.

3. The Secretary General of the Council of Europe shall convene the Standing Committee whenever he finds it necessary and in any case when a majority of the representatives of the Contracting Parties or the representative of the European Economic Community, being itself a Contracting Party, request its convocation.

4. A majority of representatives of the Contracting Parties shall constitute a quorum for holding a meeting of the Standing Committee.

5. The Standing Committee shall take its decision by a majority of the votes cast; however, unanimity of the votes cast shall be required for:

a) the adoption of the recommendations provided for in paragraph 1 of Article 9;

b) the decision to admit observers other than those referred to in paragraph 2 of this article;

c) the adoption of the report referred to in Article 13; this report could set out, where appropriate, divergent opinions.

6. Subject to the provisions of this Convention, the Standing Committee shall draw up its own rules of procedure.

Article 9

1. The Standing Committee shall be responsible for the elaboration and adoption of recommendations to the Contracting Parties containing detailed provisions for the implementation of the principles set out in Chapter I of this Convention, to be based on scientific knowledge concerning the various species of animals.

2. For the purpose of carrying out its responsibilities under paragraph 1 of this article, the Standing Committee shall follow developments in scientific research and new methods in animal husbandry.

3. Unless a longer period is decided upon by the Standing Committee, a recommendation shall become effective as such six months after the date of its adoption by the Committee. As from the date when a recommendation becomes effective each Contracting Party shall either implement it or inform the Standing Committee by notification to the Secretary General of the Council of Europe of the reasons why it has decided that it cannot implement the recommendation or can no longer implement it.

4. If two or more Contracting Parties or the European Economic Community, being itself a Contracting Party, have given notice in accordance with paragraph 3 of this article of their decision not to implement or no longer to implement a recommendation, that recommendation shall cease to have effect.

Article 10

The Standing Committee shall use its best endeavours to facilitate a friendly settlement of any difficulty which may arise between Contracting Parties concerning the implementation of this Convention.

Article 11

The Standing Committee may express an advisory opinion on any question concerning the protection of animals at the request of a Contracting Party.

Article 12

Each Contracting Party may appoint one or more bodies from which the Standing Committee may request information and advice to assist it in its work. Contracting Parties shall communicate to the Secretary General of the Council of Europe the names and addresses of such bodies.

Article 13

The Standing Committee shall submit to the Committee of Ministers of the Council of Europe, at the expiry of the third year after the entry into force of this Convention and of each further period of three years, a report on its work and on the functioning of the Convention, including if it deems it necessary proposals for amending the Convention.

Chapter III - Final provisions

Article 14

1. This Convention shall be open to signature by the member States of the Council of Europe and by the European Economic Community. It shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

2. This Convention shall enter into force six months after the date of the deposit of the fourth instrument of ratification, acceptance or approval by a member State of the Council of Europe.

3. In respect of a signatory Party ratifying, accepting or approving after the date referred to in paragraph 2 of this article, the Convention shall enter into force six months after the date of the deposit of its instrument of ratification, acceptance or approval.

Article 15

1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, upon such terms and conditions as it deems appropriate, invite any non-member State to accede thereto.

2. Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect six months after the date of its deposit.

Article 16

1. Any Contracting Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.

2. Any Contracting Party may, when depositing its instrument of ratification, acceptance, approval or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Convention to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings.

3. Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down in Article 17 of this Convention.

Article 17

1. Any Contracting Party may, in so far as it is concerned, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.

2. Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification.

Article 18

The Secretary General of the Council of Europe shall notify the member States of the Council and any Contracting Party not a member of the Council of:

a) any signature;

b) any deposit of an instrument of ratification, acceptance, approval or accession;

c) any date of entry into force of this Convention in accordance with Articles 14 and 15 thereof;

d) any recommendation of the kind referred to in paragraph 1 of Article 9 and the date on which it takes effect;

e) any notification received in pursuance of the provisions of paragraph 3 of Article 9;

f) any communication received in pursuance of the provisions of Article 12;

g) any declaration received in pursuance of the provisions of paragraphs 2 and 3 of Article 16;

h) any notification received in pursuance of the provisions of Article 17 and the date on which denunciation takes effect.

In witness whereof, the undersigned, being duly authorized thereto, have signed this Convention.

Done at Strasbourg, this 10th day of March 1976, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding Parties.

 

Protocol of Amendment to the European Convention for the Protection of Animals Kept for Farming Purposes

 

Strasbourg, 6.II.1992

The member States of the Council of Europe, and the European Economic Community, signatory hereto,

Having regard to the European Convention for the Protection of Animals kept for Farming Purposes of 10 March 1976, hereinafter called "the Convention";

Considering that it is desirable to extend explicitly the scope of the Convention to apply also to certain aspects of developments in animal husbandry techniques, in particular in respect of biotechnology, and to the killing of animals on the farm and, at the same time to adapt some provisions of the Convention to the evolving situation in respect of animal husbandry;

Have agreed as follows:

Article 1

Article 1 of the Convention shall be amended to read:

"This Convention shall apply to the breeding, keeping, care and housing of animals and in particular to animals in intensive stock-farming systems. For the purposes of this Convention "animals" shall mean animals bred or kept for the production of food, wool, skin or fur, or for other farming purposes, including animals produced as a result of genetic modifications or novel genetic combinations. "Intensive stock farming systems" shall mean husbandry methods in which animals are kept in such numbers or density, or in such conditions, or at such production levels, that their health and welfare depend upon frequent human attention."

Article 2

A new Article 3 shall be inserted in the Convention which reads as follows:

"Natural or artificial breeding or breeding procedures which cause or are likely to cause suffering or injury to any of the animals involved shall not be practised; no animal shall be kept for farming purposes unless it can be reasonably expected, on the basis of its phenotype or genotype, that it can be kept without detrimental effects on its health or welfare."

Article 3

Article 3 of the Convention shall be re-numbered Article 3 prim.

Article 4

Article 6 of the Convention shall be amended to read:

"No animal shall be provided with food or liquid in a manner, nor shall such food or liquid contain any substance, which may cause unnecessary suffering or injury.

No other substance with the exception of those given for therapeutic or prophylactic purposes shall be administered to an animal unless it has been demonstrated by scientific studies of animal welfare or established experience that the effect of the substance is not detrimental to the health or welfare of the animal."

Article 5

Article 7 of the Convention shall be amended to read:

"1. The condition and state of health and welfare of animals shall be thoroughly inspected at intervals sufficient to avoid unnecessary suffering and in the case of animals kept in intensive stock-farming systems at least once a day.

2. When an animal is to be killed on the farm, this shall be done competently and in any case without causing unnecessary pain or distress to the animal or to other animals.

3. Technical equipment used in intensive stock-farming systems shall be thoroughly inspected at least once a day, and any defect discovered shall be remedied with the least possible delay. When a defect cannot be remedied forthwith, all temporary measures necessary to safeguard the health and welfare of the animals shall be taken immediately."

Article 6

1. This Protocol of amendment shall be open for signature by the member States of the Council of Europe which have signed or acceded to the Convention, and by the European Economic Community, which may become Parties to this Protocol of amendment 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.

2. No member State of the Council of Europe shall sign without reservation as to ratification, acceptance or approval, or deposit an instrument of ratification, acceptance or approval, unless it is already or becomes simultaneously a Party to the Convention.

3. Any State not a member of the Council which has acceded to the Convention may also accede to this Protocol of amendment.

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

Article 7

This Protocol of amendment shall enter into force on the first day of the month following the date on which all the Parties to the Convention have become Parties to this Protocol of amendment in accordance with the provisions of Article 6.

Article 8

From the date of its entry into force, this Protocol of amendment shall form an integral part of the Convention.

Article 9

No reservation may be made in respect of the provisions of this Protocol.

Article 10

The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, any State which has acceded to the Convention and the European Economic Community, of:

a) any signature of this Protocol of amendment;

b) the deposit of any instrument of ratification, acceptance, approval or accession;

c) the date of entry into force of this Protocol of amendment in accordance with Article 7;

d) any other act, declaration, notification or communication relating to this Protocol of amendment.

In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol.

Done at Strasbourg, this 6th day of February 1992, in English and 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 any other Contracting State to the Convention and to the European Economic Community.