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RS 0.452 European Convention of 6 November 2003 on the Protection of Animals in International Transport (revised)

Original Language Title: RS 0.452 Convention européenne du 6 novembre 2003 sur la protection des animaux en transport international (révisée)

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0.452

Original text

European Convention on the Protection of Animals in International Transport (revised)

Conclue to Chiþinau November 6, 2003

Approved by the Federal Assembly on March 18, 2005 1

Instrument of ratification deposited by Switzerland on 23 September 2005

Entry into force for Switzerland on 24 March 2006

(State on 21 January 2016)

Preamble

The member States of the Council of Europe, signatories to this Convention,

Whereas the aim of the Council of Europe is to achieve a closer union among its members in order to safeguard and promote the ideals and principles which are their common heritage;

Conscious that everyone has a moral obligation to respect all animals and to take due account of their ability to suffer;

Motivated by the desire to safeguard the welfare of animals during transport;

Convinced that international transport is compatible with animal welfare in so far as the welfare requirements of the animals are met;

Whereas, where the welfare requirements of animals cannot be met, an alternative to the transport of live animals must be implemented;

Whereas, in general, for reasons of animal welfare, the duration during which animals, including animals for slaughter, are transported should be reduced as far as possible;

Whereas loading and unloading operations are the most likely to cause injury or stress;

Whereas progress can be achieved by adopting common provisions on international animal transport,

Agreed to the following:

General Principles

Art. 1 Definitions

1. " International transportation " Any movement which involves moving from one country to another, but excluding transport of less than 50 km and movements between the Member States of the European Community.

2. " Licensed veterinarian " A veterinarian appointed by the competent authority.

3. " Person responsible for the transport of animals " The person who has control over the organisation and achievement of the whole transport, whether or not the tasks are subcontracted by other parties during transport. This person is usually the one who plans, provides for arrangements for the other parties, and defines the conditions to be met by the other parties.

4. " Person responsible for animal welfare " The person with direct physical responsibility to take care of the animals during transport. This person may be the conveyor or driver of a vehicle if he or she performs the same functions.

5. " Container " Any box, box, receptacle or other rigid form of container used for the transport of animals that cannot travel and form part (whether or not detachable) of a means of transport.

6. " Carrier " Any natural or legal person carrying animals either on his own account or on behalf of a third party.

Art. 2 Species

This Convention shall apply to the international transport of all vertebrate animals.

2. Except for s. 4, para. 1, and art. 9, para. 1 and 2, let. A and c, the provisions of this Convention shall not apply:

A.
When only one animal is accompanied by the person who is responsible for it during transport;
B.
The transportation of pets accompanying their master on non-profit-making purposes.
Art. 3 Implementation of the Convention

Each Party shall implement the provisions relating to international transport of animals contained in this Convention and shall be responsible for effective control and monitoring.

(2) Each Party shall take the necessary measures to ensure an effective training system taking into account the provisions of this Convention.

Each Party shall endeavour to apply the relevant provisions of this Convention to the carriage of animals on its territory.

4. The Parties shall assist each other in the implementation of the provisions of the Convention, in particular through the exchange of information, the discussion of issues of interpretation and the notification of problems.

Art. 4 Fundamental principles of the Convention

1. Animals shall be transported in such a way as to preserve their welfare and health.

2. Wherever possible, animals shall be transported without delay to their place of destination.

3. At checkpoints, priority must be given to the loading of animals.

4. Animals shall be retained only when strictly necessary for their welfare or for health checks. If the animals are retained, appropriate arrangements must be made for them to be taken care of and, if necessary, to be unloaded and accommodated.

5. Each Party shall take the necessary measures so that any suffering may be spared to the animals or that it may be reduced to a minimum, in the event of a strike or of any force majeure preventing the strict application of the provisions of the Present Convention on its territory. It will be based on the principles set out in this Convention.

6. Nothing in this Convention affects the implementation of other instruments relating to veterinary and sanitary control.

7. Nothing in this Convention shall affect the ability of the Parties to adopt stricter rules for the protection of animals in international transport.

Art. 5 Carrier Authorization

1. Each Party shall ensure that carriers transporting animals for commercial purposes:

A.
Shall be registered in such a way as to enable the competent authority to identify them promptly in the event of non-compliance with the requirements of this Convention;
B.
Shall be subject to a valid authorization for international carriage granted by the competent authority of the Party of establishment of the carrier.

2. Each Party shall ensure that the authorization is granted to carriers who entrust the transport of animals only to personnel who have received adequate training under the provisions of this Convention.

3. Each Party shall ensure that the aforementioned authorisation may be suspended or withdrawn when the competent authorities granting the authorisation are informed that the carrier has repeatedly or seriously infringed the provisions of the This Convention.

4. When a Party has found an infringement of this Convention by a carrier registered with another Party to that Convention, the first shall inform the second of the details of the infringement found.

Design and construction

Art. 6 Design and construction

1. Means of transport, containers and their equipment shall be constructed, maintained and used in such a way as to prevent injury and suffering, and to ensure the safety of animals during transport.

2. Means of transport or containers shall be designed and constructed in such a way that animals have sufficient space to remain standing in their natural position, except for poultry except for day-long chicks.

3. Means of transport or containers shall be designed and constructed so as to ensure:

A.
Sufficient free space above the head of the animals, when standing in their natural position, for efficient air circulation;
B.
Maintenance of a quality and quantity of air appropriate to the trans-range species, especially when the animals are transported in fully enclosed spaces.

4. Means of transport, containers, equipment, etc., must be sufficiently strong to bear the weight of the animals, prevent them from escaping or falling, resisting the constraints due to movements and having Separations, where necessary, to protect animals from movements of the means of transport. The equipment must be designed in such a way as to allow quick and easy manoeuvres.

5. The separations shall be rigid and sufficiently strong to bear the weight of the animals projected against them, and designed so as not to interfere with the circulation of the air.

6. Means of transport or containers shall be constructed and used in such a way as to protect animals from inclement weather and adverse weather variations. In particular, the external roof, located directly above the animals, should limit the absorption and conduction of solar heat as much as possible.

7. The floors of the means of transport or of the containers shall be anti-slip. Floors shall be designed, constructed and maintained in order to avoid discomfort, distress and injury to animals, and to minimize leakage of urine and faeces. The materials used in the construction of the floors shall be selected in such a way as to minimise corrosion.

8. Means of transport or containers shall be designed and constructed in such a way as to allow access to the animals in order to inspect them and, if necessary, for watering, feeding and caring for them.

9. When it is necessary to attach the animals, suitable equipment shall be provided for in the means of transport.

10. Containers used for the transport of animals shall be marked, clearly and clearly, in order to indicate the presence of live animals, and a sign shall indicate the upper part of the container.

The means of transport, containers and their equipment must be designed and constructed so that they can be cleaned and disinfected easily.

Preparing for transport

Art. 7 Planning

1. For each trip, the person responsible for the transport of the animals must be identified so that information concerning the organisation and implementation of the transport can be obtained at any time during the journey.

2. When the duration of the expected journey exceeds eight hours for the transport of domestic solipeds and domestic animals of bovine, ovine, caprine and porcine species, the person responsible for transport shall establish a document specifying the Contemplated travel arrangements, in particular the following details:

A.
Identification of the carrier and means of transport;
B.
Identification of the lot and accompanying documents (species, number of animals, veterinary certificates);
C.
The place and country of departure, the places of transfer, the places where the animals will be unloaded and can rest as well as the place and country of destination.

The person responsible for transport shall ensure that the intended journey is in accordance with the respective rules of the countries of departure, transit and destination.

4. The person responsible for animal welfare shall immediately record on the document referred to in par. 2 at what times and in what places the transported animals were fed, watered and allowed to rest during the journey. This document must be available to the competent authority on its request.

(5) Animals shall be transported only if suitable arrangements have been made in advance by the person responsible for transport, in order to ensure their well-being for the duration of the journey. Where appropriate, measures shall be taken to ensure watering, feeding and rest, as well as any necessary care during the journey and on arrival at the place of destination and, for that purpose, notifications Must be made in advance.

In order to avoid any delay, the consignments of animals must be accompanied by a set of appropriate documents and an appropriate person must be informed as soon as possible to the posts in which the formalities for import or transit Of animals must be performed.

7. The person responsible for transport shall ensure that the responsibility for the welfare of the animals during transport is clearly defined from the time of departure to arrival at destination, including during loading and unloading.

Art. 8 Convoyeurs

1. In order to provide the necessary care for the animals throughout the journey, the consignments must be accompanied by a conveyor which is responsible for the welfare of the animals. The driver may act as a conveyor.

2. The conveyor must have received specific and appropriate training or have equivalent practical experience which qualifies it to handle, transport and take care of animals, including in case of emergency.

3. Exceptions to the provisions of s. 1 may be made in the following cases:

A.
The person responsible for the transport of animals has appointed a representative to take care of the animals at appropriate watering, feeding and rest periods;
B.
The animals are transported in securely fastened containers, properly ventilated and containing, if necessary, enough water and food in dispensers which cannot be reversed, for a journey of more than twice the expected duration.
Art. Ability to transport

1. Only animals capable of withstanding the intended voyage may be transported.

2. Sick or injured animals shall not be considered suitable for transport. However, this provision does not apply to:

A.
Lightly injured or sick animals whose transport would not be a cause of additional suffering;
B.
Animals that are transported for experimental research or for other scientific purposes approved by the competent authority concerned, if the disease or injury is part of the research programme;
C.
The transport of animals supervised by a veterinarian for emergency treatment or as a result of such treatment.

3. Special care must be taken when transporting animals to an advanced stage of pregnancy, recently calving animals and very young animals:

-
Pregnant mammals should not be transported for a period of at least 10 % of the gestation period before calving, and for at least one week after calving;
-
Very young mammals should not be transported until the ombilic is completely healed.

If all necessary precautions have been taken, on veterinary advice and on a case-by-case basis, a possible exception may be made by the competent authority for the registered suitcases which are carried out to the standard, after having been drawn up.

4. Sedatives shall not be used except in cases of extreme necessity for the welfare of animals and shall be used only on the advice of a veterinarian, in accordance with national legislation.

Art. 10 Inspection/Certificate

1. Before loading for international transport, animals shall be inspected by an authorised veterinarian in the country where the journey begins , Who ensures their fitness for the intended trip.

2. The authorised veterinarian shall issue a certificate stating the identification of the animals, their suitability for the intended voyage and, to the extent possible, the registration or, where appropriate, the name or other means of identification of the Means of transport and type of transport used.

3. In certain cases determined by arrangement between the Parties concerned, the provisions of this Article may not be applied.

Art. 11 Rest, watering, feeding before loading

1. The animals shall be prepared for the intended voyage, shall be accustomed to the food provided to them and be able to use the water and food distribution systems. They must, in an appropriate manner, be watered, fed and have a rest period.

2. In order to reduce the stress of transport, the need for certain categories of animals-for example, wild animals-to be acclimated to the means of transport before the intended journey must be taken into account.

3. Mixing animals that have not been reared into compatible groups or are not accustomed to each other should be avoided to the extent possible.

Loading and unloading

Art. 12 Principles

1. Animals shall be loaded and unloaded so as to avoid injury or suffering.

2. The animals shall be loaded in such a way as to ensure that the space available (ground surface and height) and the separation requirements are met in accordance with Art. 17.

3. Animals shall be loaded as late as possible before the departure of the place of dispatch.

4. Upon arrival at the destination point, the animals shall be unloaded as soon as possible, receive adequate water and, if necessary , Be powered and able to rest.

Art. 13 Equipment and Procedures

1. Loading and unloading shall be carried out using an appropriate ramp, elevator or loading box, except when the animals are to be loaded and unloaded in containers constructed for that purpose. Manual lifting is permitted if the animals are small enough, and even desirable in the case of young animals that may have difficulty in crossing a ramp. All loading and unloading equipment shall be suitable for the intended use, be stable and maintained in good working order.

2. All ramps and surfaces covered by the animals shall be designed and maintained in such a way as to prevent the slide, and their slope should be reduced as much as possible. When the slope is greater than 10 °, they must be provided with a system such as transverse slats, which ensures that the animals climb or descend without danger or difficulty. The equipment must be provided with side protection if necessary.

3. Depending on the needs of the species concerned, the interior of the means of transport must be well lit, when loading, so that the animals can see where they are heading.

4. Animals shall be loaded only in carefully cleaned means of transport and, if necessary, disinfected.

5. Goods carried in the same means of transport as animals shall be placed so as not to cause injury, suffering or distress to the animals.

6. Where the containers in which animals are found are overlaid in the means of transport, necessary measures shall be taken in order to avoid the flow of urine or faeces on the animals placed at the lower levels.

Art. 14 Treatment of Animals

1. Animals shall be treated calmly and gently in order to reduce to a minimum their concern and agitation, and to protect them from pain, distress and injury that can be avoided.

2. Noise, harassment and use of excessive force should be avoided during loading and unloading. Animals should not be hit and no pressure should be exerted on a particularly sensitive part of their bodies. In particular, they should not compress, twist or break the tail, or catch their eyes. They should not be punched or kicked.

3. The animals themselves shall not be suspended by mechanical means, raised or dragged by the head, ears, horns, woods , Legs, tail or fleece or any other painful method.

4. The instruments intended to guide animals shall be used exclusively for this purpose. The use of appliances administering electric shocks shall, as far as possible, be avoided. In any case, these devices can only be used on cattle and adult pigs that refuse to move and only when they have in front of them space to move forward. Shocks must not last more than one second, they must be properly spaced and should only be applied to the muscles of the backtrain. Shocks should not be used repeatedly if the animal does not react.

5. People handling animals should not use sharps or other sharp instruments. Sticks or other instruments used as a guide should be used only if they are not likely to cause injury or suffering when they come into contact with the body of an animal.

Art. 15 Separation

1. Animals shall be separated during transport if leaving them together is likely to result in injury or suffering. This applies in particular:

A.
Animals of different species;
B.
Animals hostile to each other;
C.
Animals with significant differences in size or age;
D.
Non-castrated adult males;
E.
Animals attached and not attached.

2. The provisions of s. 1 do not apply to animals that have been bred in compatible groups, are accustomed to each other, when separation is a source of distress, or when they are females accompanied by small ones who depend on them.

Transportation Practices

Art. 16 Flooring and litter

The ground surface of the means of transport or container shall be maintained in such a way as to minimise the risk of slipping and leakage of urine and feces. An appropriate litter which absorbs urine and feces and which is an appropriate resting material must cover the floor of the means of transport or container, unless an alternative method with at least the same advantages For animals is used.

Art. 17 Space Available (Ground Floor and Height)

1. In the means of transport or container, animals shall have sufficient space to remain standing in their natural position. They must have space to be laid down at the same time, unless the technical protocol or special conditions relating to the protection of animals require the contrary.

A technical protocol established in accordance with Art. 34 of this Convention shall fix the minimum space available.

2. In order to avoid injury due to excessive movements, separations shall be used to subdivide large groups of animals or to subdivide a park containing fewer animals than its normal capacity, which would otherwise be too much Place.

The separations shall be appropriate to the size and species of the animals, to be arranged, fixed and maintained in order to prevent the injury or suffering of the animals.

Art. 18 Animal Attache

When the animals are attached, the links, the licols or other means used must be of a resistance such that they cannot be broken under normal conditions of transport; these links must be of sufficient length when it is It is necessary to give animals the opportunity to lie, drink and feed, and be designed so as to avoid any risk of strangulation or injury. Animals shall not be attached by horns, wood , The legs, the nasal loops and should not be transported with the legs bound together. Animals shall be attached only by means of systems enabling them to be released promptly.

Art. 19 Aation and Temperature

1. Adequate ventilation to fully meet the needs of the animals shall be ensured, taking into account, in particular, the number and type of animals to be transported, and the expected weather conditions during the voyage.

2. Containers must be loaded so that they do not interfere with their aeration.

3. Where animals are to be transported under conditions of temperature and humidity which may affect them, appropriate measures must be taken to protect their welfare.

Art. Abreuting, feeding and resting

In the course of transport, animals shall be supplied with water and food, and shall benefit from rest periods, in an appropriate manner to their species and age, at suitable intervals.

2. A technical protocol established in accordance with Art. 34 of this Convention shall fix the maximum travel times and minimum watering and feeding intervals and minimum rest periods.

3. Water and food must be of good quality and presented to animals in such a way as to limit contamination.

Art. Lactation Femelles

Lactation females that are not accompanied by their pups should not be transported for long periods of time. However, if this cannot be avoided, they must be treated shortly before loading and at intervals not exceeding 12 hours during the journey.

Art. Light

Means of transport shall be equipped with a light source, fixed or portable, of sufficient power to permit a general examination of the animals, and where necessary during transport, as well as for watering and Feeding.

Art. Containers

1. In the course of transport and handling, containers shall always be kept in a vertical position and the shaking or violent clashes shall be limited to the maximum.

2. Containers shall be fixed so as to avoid displacement by means of transport.

Art. 24 Care during transport

The person responsible for animal welfare must take every opportunity to examine them and provide them, if necessary, with appropriate care.

Art. 25 Emergency treatment/accidents during transport

Animals that fall ill or are injured during transport must receive first aid as soon as possible; if necessary, they must be subjected to appropriate veterinary treatment or be put to death without suffering Additional.

Special provisions

Art. 26 Special provisions concerning railway transport

1. Any car used in the transport of animals shall indicate the presence of live animals. Except where the animals are transported in containers, the inside walls shall be constructed in an appropriate material, devoid of any aspecies and fitted with rings or stowage bars placed at a suitable height to which the animals Can be attached.

2. When not transported in individual boxes, the solipeds shall be attached either so as to face the same wall of the car or in screw-to-vis. However, foals and undisbursed animals should not be attached.

3. Large animals shall be placed in the cars in such a way as to allow the conveyor to circulate between them.

4. When training trains and other railcars, all precautions must be taken to avoid the heavy berthing of a car carrying animals.

5. All opportunities must be seized to examine animals in accordance with s. 24 of this Convention, whenever the car is stationary or weather conditions change.

Art. 27 Special provisions for road transport

Vehicles in which animals are transported shall be clearly and visibly marked in order to indicate the presence of live animals.

2. The vehicles shall be driven so that the accelerations, decelerations and turns are carried out smoothly.

Vehicles shall carry suitable equipment for loading and unloading, in accordance with Art. 13 of this Convention.

4. All opportunities must be seized to examine the animals on board the vehicle in accordance with s. 24 of this Convention, whenever the vehicle is stationary or weather conditions change.

Art. 28 Special provisions for carriage by water (except for ro-ro ships)

1. In order to ensure that the welfare requirements of the animals transported are met, the competent authority of the country where the loading takes place must inspect before the loading is authorised:

A.
Vessels intended for the transport of livestock and those converted to that effect;
B.
Arrangements for other vessels where animals are to be transported.

2. An alarm shall be installed to detect any electrical failure of the forced ventilation system.

A suitable additional source of current, clearly separated from the primary source, shall be provided for the maintenance of an appropriate forced ventilation.

3. Animals shall not be transported on open decks, except in containers or in other structures providing satisfactory protection against seawater.

4. Where animals are mounted on board and descended from the ship, bridges, ramps and appropriate crossings shall be provided between the wharf and the cattle-reserved bridges.

The loading and unloading of animals in or out of vessels shall be supervised by an authorised veterinarian.

6. When loading and unloading, the animal facilities, ramps and passages must be adequately lit, according to the requirements of the species concerned, so that the animals can see where they are going.

7. All boxes, stalls and containers must be directly accessible to both animals and conveyors.

8. The passages for animals shall be appropriate for the species carried; in particular, they shall not contain sharp edges, and the sharp angles and the salient parts shall be reduced to the maximum.

9. All parts of the vessel occupied by the animals shall be provided with devices for efficient water flow and maintained in good health.

10. Clean fresh water, healthy food and adequate bedding, in sufficient quantities for the needs of the animals and taking into account the duration of the voyage at sea, must be transported on board the vessel.

11. Water supplies and, in the case of long journeys, food and bedding for animals, must be transported for unforeseen delays.

12. Food and bedding must be stored in a manner that ensures that they remain dry and protected from the weather and the sea. The storage of food and bedding shall not interfere with ventilation, lighting and drainage systems, or passages.

13. Equipment for watering and feeding appropriate to the number, size and species of animals shall be provided.

14. Arrangements must be made for the isolation of animals that fall ill or are injured during transport.

15. In the event of an emergency, it must be possible to put an animal to death in accordance with the provisions of Art. 25 of this Convention. To this end, a means of killing appropriate to the species must be available.

Art. Special provisions for carriage in on-road vehicles or wagons loaded on ro-ro ships

1. Where animals are transported in road vehicles or wagons loaded onto ro-ro ships, in particular on closed bridges, special measures shall be taken to ensure adequate ventilation for the Animals throughout the trip. On-road vehicles and cars must be stored in such a way that the animals have a maximum arrival of unvicized air.

2. The person responsible for the welfare of the animals must have access to them so that they can be inspected and, if necessary, treated, watered and fed during the journey.

3. On-road vehicles, wagons and containers shall be equipped with a sufficient number of fasteners designed, placed and maintained in an adequate manner to ensure a solid attachment to the vessel. On-road vehicles, rail cars and containers shall be securely attached to the vessel prior to departure at sea, in order to avoid displacement by vessel movements.

4. Road vehicles and wagons containing animals shall be transported on the open deck of a ship only if they are positioned so as to be adequately protected from seawater, taking into account the protection provided by the Road vehicle or the car itself.

5. An alarm shall be installed to detect any electrical failure of the ship's forced ventilation system. An adequate additional power source shall be provided to ensure proper forced ventilation is maintained.

6. Steps must be taken to provide animals with fresh water and food in the event of unexpected delays or in other circumstances, if necessary.

7. In case of emergency, if the transport lasts more than two hours, it must be possible to put to death an animal in accordance with the provisions of Art. 25 of this Convention. To this end, a means of killing appropriate to the species must be available.

Art. Air Transport Provisions

1. No animals shall be transported under conditions in which air quality, temperature and pressure cannot be maintained at appropriate levels throughout the voyage.

2. The commander shall be informed of the species, the location and number of live animals on board the aircraft, and any action required. For animals in accessible compartments, the commander shall be informed of any irregularities concerning the animals as soon as possible.

3. The animals shall be loaded onto the aircraft as late as possible before the scheduled departure for the aeroplane.

4. Drugs should only be used when a particular problem arises and must be administered by a veterinarian or other competent person who has been instructed on their use. The commander must be informed as soon as possible of any medication administration during the flight.

5. In case of emergency and when a conveyor has access to animals, in accordance with the provisions of Art. 25 of this Convention, a means of sedation and/or euthanasia appropriate to the species shall be available and shall be used only with the agreement of the commander.

6. Prior to the departure of the aircraft, the conveyor must be informed of the communication procedures during the flight and be able to communicate effectively with the crew.

Multilateral Consultations

Art. Multilateral Consultations

The Parties shall, within five years of the entry into force of this Convention and every five years thereafter, or more frequently, if requested by a majority of the Parties, at multilateral consultations in the Council of Europe.

2. These consultations shall take place at meetings convened by the Secretary General of the Council of Europe.

(3) Any Party shall have the right to designate one or more representatives to participate in such consultations. The Parties shall communicate the name (s) of their representative (s) to the Secretary General of the Council of Europe at least one month before each meeting. Each Party shall have the right to vote. Any State Party to the Convention shall have one vote.

In the fields within its competence, the European Community, from the moment it becomes a party to the Convention, shall exercise its right to vote with a number of votes equal to the number of its Member States which are party to the present Convention. The European Community shall not exercise its right to vote in cases where its member states exercise theirs, and vice versa.

5. The Parties may seek expert advice. They may, on their own initiative or at the request of the body concerned, invite an international or national, governmental or non-governmental body, technically qualified in the areas covered by the Convention, which will be represented by An observer to all or part of their consultations. The decision to invite experts or bodies shall be taken by a two-thirds majority of the votes cast.

6. After each consultation, the Parties shall submit to the Committee of Ministers of the Council of Europe a report on the consultation and the functioning of the Convention.

7. Subject to the provisions of this Convention, the Parties shall establish the rules of procedure for the consultations.

Art. 32 How multilateral consultations work

In the context of multilateral consultations, the Parties are responsible for monitoring the implementation of the Convention. In particular, they can:

A.
Prepare technical protocols to this Convention in accordance with the provisions of Art. 34;
B.
To suggest any necessary modification of this Convention and to consider those proposed, in accordance with the provisions of Art. 35;
C.
Consider, at the request of one or more Parties, questions concerning the interpretation of this Convention;
D.
Make recommendations to the Committee of Ministers concerning States to be invited to accede to this Convention.

Technical Protocols

Art. 33 Purpose

The Parties shall adopt technical protocols to this Convention concerning the space to be available to animals (art. 17) and feeding, watering and rest (art. 20). They may also adopt other technical protocols with a view to establishing technical standards for the implementation of provisions contained in this Convention.

Art. 34 Adoption and entry into force

1. A technical protocol shall be adopted by a two-thirds majority of the votes cast and then transmitted to the Committee of Ministers for approval. Following this approval, the text shall be communicated to the Parties for acceptance.

2. A technical protocol shall enter into force, in respect of the Parties which have accepted it, on the first day of the month following the expiration of a period of one month after the date on which three Parties, including at least two member States of the Council of Europe, Have informed the Secretary General of the acceptance of this text. In respect of any Party which accepts it thereafter, the Protocol shall enter into force on the first day of the month following the expiration of a period of one month after the date on which the Party has notified the General Secretariat of its acceptance.

3. For the preparation of technical protocols, the Parties shall monitor developments in scientific research and new methods of animal transport.

Art. 35 Amendments

1. Any amendment to a technical protocol to this Convention, proposed by a Party or by the Committee of Ministers, shall be communicated to the Secretary General of the Council of Europe and transmitted by his care to the member States of the Council of Europe, to The European Community and each non-member State which has acceded to or has been invited to accede to this Convention in accordance with the provisions of Art. 38.

2. Any amendment proposed in accordance with the provisions of the preceding paragraph shall be examined, at least six months after the date of its transmission by the Secretary General, at a multilateral consultation where this amendment may be adopted at the Majority of two-thirds of the Parties. The adopted text shall be communicated to the Parties.

3. The first day of the month following the expiry of a period of eighteen months after its adoption in a multilateral consultation, unless one third of the Parties have notified objections, any amendment shall enter into force in respect of the Parties Having notified no objections.

Dispute Settlement

Art. 36 Dispute Settlement

1. In the event of a dispute concerning the interpretation or application of the provisions of this Convention, the competent authorities of the Parties concerned shall consult each other. Each Party shall notify the Secretary General of the Council of Europe of the names and addresses of its competent authorities.

2. If the dispute has not been resolved by this means, it shall be submitted, at the request of either party to the dispute, to arbitration. Each party shall appoint an arbitrator and the two arbitrators so selected shall appoint an arbitrator. If one of the two parties to the dispute has not appointed its arbitrator within three months of the request for arbitration, it shall be appointed at the request of the other party to the dispute by the President of the European Court of Human Rights. In the event that the latter is a national of one of the parties to the dispute, that function shall be provided by the Vice-President of the Court or, if the latter is a national of one of the parties to the dispute, by the oldest of the judges at the Court, who shall not Are not nationals of any of the parties to the dispute. It will be done in the same way if the arbitrators cannot agree on the choice of an arbitrator.

In the event of a dispute between two parties, one of which is a Member State of the European Community, itself a Party, the other party addresses the request for arbitration both to that Member State and to the Community, which jointly notify it, in a Three months after receipt of the application, if the Member State or the Community, or the Member State and the Community jointly, are parties to the dispute. In the absence of such notification within the said time limit, the Member State and the Community shall be deemed to be one and the same party to the dispute for the application of the provisions governing the constitution and procedure of the arbitral tribunal. The same shall apply when the Member State and the Community are jointly parties to the dispute.

3. The arbitral tribunal shall determine its procedure. Its decisions will be taken by a majority of votes. Its award, which shall be based on this Convention, shall be final.

4. The dispute settlement procedure shall not apply to disputes relating to matters which fall within the competence of the European Community or which concern the definition of the scope of that jurisdiction, between Parties which are Members of the European Community or between these members and the Community.

Final provisions

Art. Signature, ratification, acceptance, approval

1. This Convention shall be open for signature by the member States of the Council of Europe and of the European Community. It will 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. No State Party to the European Convention on the Protection of Animals in International Transport 1 , opened for signature in Paris on 13 December 1968, may not deposit its instrument of ratification, acceptance or approval without having previously denounced or denounced the said Convention.

(3) This Convention shall enter into force six months after the date on which four States have expressed their consent to be bound by this Convention in accordance with the provisions of the preceding paragraphs.

4. If, pursuant to the two preceding paragraphs, the denunciation of the Convention of 13 December 1968 does not become effective at the time of entry into force of this Convention, a Contracting State or the European Community may, at the time of the Deposit of its instrument of ratification, acceptance or approval, declare that it will continue to apply the Convention from 13 December 1968 until the entry into force of this Convention.

5. For any signatory State or for the European Community which has subsequently expressed its consent to be bound by it, this Convention shall enter into force six months after the date of the deposit of its instrument of ratification, acceptance Or approval.


1 RO 1970 1211

Art. 38 Accession of non-member States

After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any State which is not a member of the Council of Europe to accede to this Convention by a decision taken by a majority provided for in Art. 20, let. D the Statute of the Council of Europe of 5 May 1949 1 And unanimously by the representatives of the Contracting States having the right to sit on the Committee of Ministers.

2. For any acceding State, this Convention shall enter into force six months after the deposit of the instrument of accession with the Secretary General of the Council of Europe.


Art. 39 Territorial clause

(1) Any State or the European Community may, at the time of signature or at the time of deposit of the instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention shall apply.

2. Any State or the European Community may, at any other time, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory designated in the declaration. This Convention shall enter into force in respect of that territory six months after the date of receipt of the declaration by the Secretary General.

3. Any declaration made under the two preceding paragraphs in respect of a territory designated in the declaration may be withdrawn by notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect six months after the date of receipt of the notification by the Secretary General.

Art. 40 Denunciation

1. Any Party may, at any time, denounce this Convention by notification addressed to the Secretary General of the Council of Europe.

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

Art. Notifications

The Secretary General of the Council of Europe shall notify the member states of the Council of Europe, the European Community and any State which has acceded to or has been invited to accede to this Convention:

A.
Any signature;
B.
The deposit of any instrument of ratification, acceptance, approval or accession;
C.
Any date of entry into force of this Convention in accordance with Art. 37 and 38;
D.
Any other act, notification or communication relating to this Convention.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Convention.

Done at Chiºinau on 6 November 2003, in English and in 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 the European Community, and to any State invited to accede to this Convention.

(Suivent signatures)

Scope of application January 21, 2016 2

States Parties

Ratification

Entry into force

Germany

February 8

2007

August 9

2007

Bulgaria

2 February

2006

August 3

2006

Cyprus

10 May

2010

11 November

2010

Estonia

May 16

2008

17 November

2008

Greece

13 September

2005

March 14

2006

Luxembourg *

2 May

2005

March 14

2006

Norway *

2 March

2004

March 14

2006

Netherlands *

7 February

2008

8 August

2008

Romania

17 July

2006

January 18

2007

Slovenia

12 May

2014

13 November

2014

Sweden *

6 November

2003

March 14

2006

Switzerland *

23 September

2005

24 March

2006

*
Reservations and declarations.

Reservations and declarations are not published in the RO. The texts in English and French can be found at the Council of Europe website: http://conventions.coe.int or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.


RO 2006 1857 ; FF 2004 3497


1 RO 2006 1855
2 RO 2006 1877 , 2010 4059, 2016 419. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status January 21, 2016