0.452 text original Convention European on the protection of animals during international transport (revised) concluded at Chiþinau on November 6, 2003 approved by the Federal Assembly on 18 March 2005 Instrument of ratification deposited by the Switzerland 23 September 2005 entry into force for the Switzerland on March 24, 2006 (Status January 21, 2016) preamble the Member States of the Council of Europe signatories to this Convention, considering that the aim of the Council of Europe is to achieve greater unity between its members in order to safeguard and promote the ideals and principles which are their common heritage;
aware that any person has a moral obligation to respect all animals and to take into account their ability to suffer;
motivated by the desire to safeguard the welfare of animals during transport;
convinced that international transport is compatible with the welfare of the animals insofar as the well-being of the latter requirements are met;
Whereas therefore that when animal welfare requirements cannot be met, an alternative to the transport of live animals must be implemented;
whereas however, in a way General, for reasons of animal welfare, the period during which animals, including animals for slaughter, are transported should be reduced as much as possible;
considering that loading and unloading operations are the ones most likely to cause injury or stress;
considering that progress in this area can be achieved by the adoption of common provisions on international transport of animals, have agreed to the following: principles General art. 1 definitions 1. "International transport" means any movement that involves moving from one country to another, excluding however the transport of less than 50 km and movements between the Member States of the European Community.
2. 'authorized veterinarian' means a veterinarian designated by the competent authority.
3. we hear by "person responsible for the transport of animals" the person who has control of the Organization and the realization of the entire transport, that tasks are outsourced by other parties during transport. This person is usually the one who plans, provides for arrangements for other areas and defines the conditions to be met by the latter.
4 means "person in charge of the welfare animals" the person who has direct physical responsibility to take care of the animals during transport. This person may be the conveyor or the driver of a vehicle if it provides the same functions.
5 means 'container' any crate, box, any receptacle or other rigid form of container used for the transport of animals which itself can not move and does not form a part (whether or not it is detachable) of a means of transport.
6. "carrier" means any physical or legal person transporting animals either for its own account or on behalf of a third party.
Art. 2 species 1. This Convention applies to the international transport of all vertebrate animals.
2. with the exception of art. 4, by. 1, and art. 9, by. 1 and 2, let. has and c, the provisions of this Convention do not apply: a. when a single animal is accompanied by the person who has the responsibility during transportation; b. to the transport of pets that accompany their master in travels for non-profit purposes.
Art. 3 application of the Convention 1. Each part is implementing provisions to the international transport of animals contained in this Convention and is responsible for effective monitoring and control.
2 each Party shall take the necessary measures to ensure an effective training system taking into account the provisions of this Convention.
3. each party strives to apply the relevant provisions of this Convention to the transport of animals in its territory.
4. the Parties grant each other assistance in the application of the provisions of the Convention, in particular by exchanging information, the discussion of questions of interpretation and the notification of problems.
Art. 4 basic principles of the Convention 1. Pets must be transported in a way to preserve their health and their well-being.
2. to the extent possible, the animals must be transported without delay to their place of destination.
3. to control points, priority should be given to the loads of animals.
4. animals must be held only when it is strictly necessary for their welfare or health controls. If animals are included, appropriate measures shall be taken so that we can take care of, and, if necessary, unload them and host them.
5. each party will take the necessary steps so that all suffering can be saved to the animals or can be reduced to a minimum, a strike or any case of force majeure preventing the strict application of the provisions of this Convention within its territory. It will draw to this effect to the principles set out in this Convention.
6. no provision of this Convention shall affect the implementation of other instruments relating to the veterinary and sanitary control.
7. no provision of this agreement does affect the ability of the Parties to adopt stricter rules for the protection of animals during international transport.
Art. 5 authorization of carriers 1. Each party ensures that transporters transporting animals for commercial purposes: a. are recorded in order to allow the competent authority to identify them rapidly in the event of failure to comply with the requirements of this Convention; (b) are the object of an authorisation valid for international transport granted by the competent authority in the party of establishment of the carrier.
2. each Party shall ensure that the authorisation is granted to transporters who entrust the transport of animals only to personnel who received training in the provisions of this Convention.
3. each party to ensure that the above-mentioned authorisation may be suspended or withdrawn where the competent authorities which granted the authorisation are informed that the carrier has, repeatedly or seriously violated the provisions of this Convention.
4. when a party has found a violation of this Convention by a transporter registered in another party to this Convention, the first must communicate details of the infringement to the second.
Design and construction arts. 6 design and construction 1. Means of transport, containers and equipment shall be constructed, maintained and used that the injuries and suffering can be avoided, and to ensure the safety of the animals during transport.
2. the means of transport or containers shall be designed and constructed in such a way that animals have a sufficient space to stand in their natural position, except for poultry other than day-old chicks.
3. the means of transport or containers shall be designed and constructed so as to ensure: a. free enough space above the head of the animals, when they stand in their natural position for effective air circulation; (b) the maintenance of a quality and a quantity of air appropriate to the trans-portee species, in particular where animals are carried in a fully enclosed space.
4. the means of transport, containers, equipment, etc., must be strong enough to support the weight of the animals to avoid that they can escape or fall, resist the constraints to the movements and dispose of separations, when necessary, to protect the animals against the movements of the means of transport. Equipment must be designed to allow quick and easy manoeuvres.
5. the separations must be rigid and strong enough to withstand the weight of animals thrown against them, and designed so as to not to obstruct the circulation of air.
6. the means of transport or containers shall be constructed and used so as to protect animals against bad weather and unfavorable weather. In particular, the exterior roof, located directly above the animals, must limit maximum absorption and conduction of solar heat.
7. the floor of the means of transport or containers must be anti-slip. Floors must be designed, constructed and maintained to avoid discomfort, distress and injury to animals, and to minimize the leakage of urine and faeces. The materials used for the construction of the floors must be selected in order to minimize corrosion.
8. the means of transport or containers must be designed and built to allow access to the animals in order to inspect them and, if necessary, of watering, feed them and care for them.
9. when it is necessary to attach the animals, appropriate equipment shall be provided in the means of transport.
10. the containers used for the transport of animals shall be marked clearly and in a prominent, indicating the presence of live animals and a sign must indicate the upper part of the container.
11. the means of transport, containers and their equipment must be designed and built in order to be cleaned and disinfected easily.
Preparation for transport art. 7 planning 1. For each trip, the person responsible for the transport of animals must be identified so that information about the Organization and the realization of transport can be obtained at any time during the trip.
2. when the expected travel time exceeds eight hours for the transport of domestic solipeds and pets of the bovine, ovine, caprine and swine species, the person responsible for the transport must establish a document that specifies the proposed travel arrangements and in particular the following details: a. the identification of the carrier and of the means of transport; (b) the identification of the lot and the accompanying (case documents (, number of animals, veterinary certificates); c. place and the country of departure, places of transfer, places where animals will be unloaded and can rest and place and the country of destination.
3. the person responsible for the transport shall ensure that the intended journey complies with the respective rules of the countries of departure, transit and destination.
4. the person responsible for the welfare of the animals shall immediately record in the document mentioned in the by. 2 at what time and in what places animals transported have been fed, watered and were able to rest during the journey. This document must be available to the competent authority on its application.
5. the animals cannot be transported ensure if suitable arrangements have been made in advance by the person responsible for the transport, so that their well-being during the duration of the trip. When appropriate, measures must be taken to ensure drinking water, food and rest, as well as all necessary care during the journey and on arrival at the place of destination and, to this end appropriate notifications must be made in advance.
6. in order to avoid any delay, loads of animals must be accompanied by a set of appropriate documents and an appropriate person shall be notified as soon as possible to the positions where the formalities for import or transit of animals should be made.
7. the person responsible for the transport shall ensure that responsibility for the welfare of the animals during transport is clearly defined, from the time of departure to arrival at destination, including loading and unloading.
Art. 8 conveyor 1. In order to ensure the necessary care for the animals throughout the journey, the loads must be accompanied by a conveyor that is responsible for the well-being of the animals. The driver may perform the duties of conveyor.
2. the conveyor must have received specific and appropriate training or have equivalent practical experience that qualifies him to handle, transport and take care of animals, including in cases of emergency.
3. exceptions to the provisions of the by. 1 can be made in the following cases: a. the person responsible for the transport of animals loaded an agent to take care of the animals to water points, food and proper rest; (b) the animals are transported in containers securely fixed, properly ventilated and containing, if necessary, enough water and food in distributors cannot spill for a trip of two times longer than scheduled.
Art. 9 ability to transport 1. Only animals able to support the planned trip may be a transport.
2. sick or injured animals should not be considered as suitable for transport. However, this provision does not apply: a. animals slightly injured or ill whose transport would not cause additional suffering; b. to animals that are transported for purposes of experimental research or for other scientific purposes approved by the competent authority concerned, if the illness or injury are part of the research program; c. to animal transport supervised by a veterinarian for treatment of emergency or as a result of such treatment.
3. a special care must be taken when transporting animals in an advanced stage of gestation, of animals has given birth recently and very young animals:-mammals females pregnant animals should not be transported during a period corresponding to at least 10% of the duration of pregnancy before parturition, and at least one week after giving birth;-very young mammals shall not be transported until the navel is completely healed.
If precautions were taken, on veterinary advice and on a case by case basis, an exception may be made by the competent authority for registered Stud mares that are carried out to the standard, after having foaled.
4. sedatives should not be used except in cases of extreme necessity for the well-being of the animals and they must be used that following the advice of a veterinarian, in accordance with national legislation.
Art. 10 inspection/certificate 1. Prior to shipment for international transport, the animals must be inspected by an authorized veterinarian of the country where the journey, which ensures their ability to the intended journey begins.
2. the authorised veterinarian shall issue a certificate that includes the identification of the animals, their ability to the intended journey and, to the extent possible, registration or, where appropriate, the name or another way to identify the means of transport and the type of transport used.
3. in certain cases determined by agreement between the interested Parties, the provisions of this article may not be applied.
Art. 11 rest, drinking, eating prior to loading 1. Animals must be prepared for the intended journey, be accustomed to the food to be provided and be able to use the systems of distribution of food and water. They must, as appropriate, being watered, fed and have a period of rest.
2. in order to reduce the stress of transport, the need of certain categories of animals - for example wild animals - to be acclimated to the means of transport before the planned trip must be taken into account.
3. the mixture of animals who have not been raised in compatible groups who are not accustomed to each other should be avoided wherever possible.
Loading and unloading art. 12 principles 1. The animals must be loaded and unloaded in order to avoid injury or suffering.
2. animals shall be loaded so as to ensure that the available space (floor area and height) and separation requirements are met in accordance with art. 17 3. Animals shall be loaded the latest possible departure from the place of shipment.
4. at the arrival at the point of destination, animals must be unloaded as soon as possible, receive water in quantities adequate and, if necessary, be fed and be able to rest.
Art. 13 equipment and procedures 1. Loading and unloading must be using a ramp, a lift or a box of appropriately designed loading, except when animals must be loaded and unloaded in containers built for this purpose. Manual lifting is allowed if the animals are small enough, and even desirable in the case of young animals who may find it difficult to cross a ramp. All loading and unloading equipment must be suitable for the intended use, be stable and maintained in good working condition.
2. all ramps and surfaces traversed by animals must be designed and maintained to prevent slipping and their slope must be reduced as much as possible. Where their slope is above 10 °, they should be fitted with a system such as cross battens, which ensures that the animals climb or descend without danger or difficulty. The equipment must be provided with side if necessary protections.
3. According to the needs of the species, inside the means of transport must be well lit, when loading, so that the animals can see where they are going.
4. animals shall be loaded only into means of transport that were thoroughly cleaned and, if necessary, disinfected.
5. goods transported in the same means of transport as animals shall be positioned so as to not cause injury, suffering or distress to the animals.
6. when containers in which animals are stacked in the means of transport, necessary measures must be taken to avoid the flow of urine or feces on animals placed at lower levels.
Art. 14 treatment of animals 1. Animals must be treated with calm and gentle in order to reduce to a minimum their concern and their agitation, and protect them pain, distress and injury that can be prevented.
2. noise, harassment and the use of excessive force must be avoided during loading and unloading. Animals must not be struck and no pressure should be exerted on a particularly sensitive part of their body. In particular, do not compress them, twist them or break their tail, or catch their eyes. He can't give them punch or kick shots.
3. animals themselves shall not be suspended by mechanical means, nor lifted or dragged by the head, ears, horns, wood, legs, tail or fleece, or by any other painful method.
4. the instruments intended for guiding animals must be used exclusively for this purpose. To the extent possible, the use of devices, administering electric shocks must be avoided. In any case, these devices can be used on cattle and adult pigs which refuse to move, and only when they have space to move forward. The shocks should not last more than a second, they must be properly spaced and must be applied to the muscles of the hindquarters. Shocks shall not be used repeatedly if the animal does not respond.
5. persons handling animals should not use of goads or other sharp instruments. Sticks or other instruments as a guide should be used only if they are not likely to cause injury or suffering when they come in contact with the body of an animal.
Art. 15 separation 1. Animals should be separated during transport if let 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. to animals with significant differences of size or age; d. at adult males not castrated; e. to attached and unattached animals.
2. the provisions of the by. 1 do not apply to animals that have been raised in compatible groups, are used to each other, when the separation would be source of distress, or when it comes to females with little ones who depend on them.
Transportation art practices 16 floors and litter the floor of the means of transport or the container surface must be maintained in a manner to minimize the risk of slipping and leakage of urine and faeces. Appropriate bedding which absorbs urinates it and faeces and which is a suitable material for the rest, must cover the floor of the means of transport or the container, unless an alternative method with at least the same benefits for animals to be used.
Art. 17 available space (floor area and height) 1. In the means of transport or the container, the animals must have a sufficient space to stand in their natural position. They must have space to be in bed all at the same time, unless the technical Protocol or special conditions for the protection of animals require otherwise.
A technical protocol established in accordance with art. 34 of the Convention, will set the minimum available space.
2. in order to avoid injuries to the excessive movement of the separations must be used to sub-divide large groups of animals or subdivide a park containing fewer animals than its normal capacity, which otherwise would have too much space.
3. the separations must be appropriate to the size and species of the animals, be ready, set and maintained to prevent injury or suffering to the animals.
Art. 18 attachment of animals when animals are tied, the links, the halters or other means used must be a resistance such that they could rupture under normal conditions of transport; These links must be of sufficient length when it is necessary to give the animals the ability to lie, to drink and to feed themselves, and be designed to avoid any risk of strangulation or injury. The animals shall not be tied by the horns, the Woods, the legs, the nasal loops and must not be transported with their legs tied together. Animals shall be tied through systems to release them quickly.
Art. 19 ventilation and temperature 1. Sufficient ventilation to fully respond to the needs of the animals must be ensured, given the number and type of animals to carry, and weather conditions expected during the trip.
2. containers should be loaded in a way that does not impede their ventilation.
3. when the animals must be transported in conditions of temperatures and humidity likely affect them, appropriate provisions should be taken to protect their well-being.
Art. 20 watering, feeding and rest 1. During transport, animals must be supplied in water and food, and receive rest periods, as appropriate to their species and age, at suitable intervals.
2. a technical protocol established in accordance with art. 34 of the Convention, will set the maximum journey times and minimum watering and feeding intervals, and the minimum rest periods.
3. water and food must be of good quality and be presented to the animals in order to limit contamination.
Art. 21 females in lactation lactating females who are not accompanied by their young should not be transported for long periods. However, if this cannot be avoided, they must be milked shortly before loading and at intervals not exceeding 12 hours during the trip.
Art. 22 light means of transport must be equipped with a source of light, fixed or portable, sufficient power to allow for a general review of animals, and when necessary during transport, as well as for watering and feeding.
Art. 23 containers 1. During transport and handling, containers must always be kept upright and jerks or violent clashes should be limited to the maximum.
2. the container must be fixed so as not to be moved by the movements of the means of transport.
Art. 24 care during transport the person responsible for the welfare of the animals shall take every opportunity to review and provide, if it is necessary, appropriate care.
Art. 25 treatment of emergencies/accidents during transport animals that fall ill or are injured during transport shall receive first aid as soon as possible; If necessary, they must be the subject of appropriate veterinary treatment or be put to death without any additional suffering.
Special provisions art. 26 special provisions for transport by rail 1. All car used to transport the animals must indicate the presence of live animals. Unless the animals are transported in containers, the interior walls to be built in a material suitable, without rough edges and fitted with rings or bars lashing placed at a convenient height to which the animals may be attached.
2. where they are not transported in individual boxes, the solipeds must be tied either to face the same wall of the wagon, or face-to-face. However, foals and not reared animals must not be tied.
3 large animals shall be placed in cars to allow the conveyor to flow between them.
4. in training courses and any other maneuver of the cars, all precautions must be taken to avoid the violent dockings of a wagon transporting animals.
5. every opportunity must be seized to examine animals, in accordance with art. 24 of this Convention, whenever the car is stopped or weather conditions change.
Art. 27 special provisions for transport by road 1. The vehicles in which animals are transported shall be marked clearly and visibly, in order to indicate the presence of live animals.
2. vehicles must be driven so that the accelerations, decelerations and turns are made smoothly.
3. vehicles must carry appropriate equipment for loading and unloading, in accordance with art. 13 of this agreement.
4. every opportunity must be seized to consider animals in the vehicle, in accordance with art. 24 of this Convention, whenever the vehicle is stationary or weather conditions change.
Art. 28 special provisions for transport by water (except for the transrouliers vessels) 1. In order to ensure that the requirements of well-being of the animals transported are met, the competent authority of the country where loading takes place shall inspect before loading is allowed: a. ships intended for the transport of livestock and those converted for this purpose; (b) the arrangements planned on other vessels where the animals will be transported.
2. an alarm must be installed in order to detect any electric failure in the forced ventilation system.
A current source additional adequate, clearly separated from the primary source, must be provided in order to ensure an appropriate forced ventilation is maintained.
3. the animals must not be transported on open decks unless in containers or other structures providing satisfactory protection against sea water.
4. when animals are boarded and sunk the ship, bridges, ramps and appropriate passages must be provided between the dock and bridge reserved for livestock.
5. loading and unloading of animals in or out of the ships must be supervised by an authorised veterinarian.
6. during loading and unloading, animal facilities, ramps and passages should be lit adequately, according to the requirements of the species concerned, so that the animals can see where they go.
7. all boxes, stalls and containers shall be directly accessible for both the animals and conveyors.
8. the passages for animals must be appropriate to the species transported; They shall not have sharp sides and sharp corners and protruding parts must be reduced to a minimum.
9. all parts of the ship occupied by animals must be fitted with devices allowing an effective drainage and be maintained in a good state of health.
10. of clean fresh water, food safe and appropriate bedding, in sufficient quantities for the needs of the animals and taking account of the length of the sea journey, shall be transported aboard the ship.
11 reserves of water and, in case of long journeys, feed and bedding for the animals shall be carried in case of unforeseen delays.
12. the food and litter shall be stored so as to ensure that they stay dry and protected from the weather and the sea. The storage of food and litter must not interfere with the ventilation, lighting and drainage systems, or passages.
13. facilities for drinking water and food appropriate to the number, size and species of the animals shall be provided.
14. steps must be taken to isolate the animals that fall ill or are injured during transport.
15. in case of emergency, it must be possible to kill an animal in accordance with the provisions of art. 25 of the Convention. To this end, a means of killing suitable for the species must be available.
Art. 29 special provisions for transport in road vehicles or wagons loaded on ships transrouliers 1. When the animals are transported in road vehicles or wagons loaded on ships transrouliers, especially on closed bridges, special measures must be taken to ensure ventilation sufficient for the animals throughout the journey. Cars and road vehicles should be stored so that animals have a maximum airflow not vitiated.
2. the person responsible for the well-being of the animals must have access to them so that they can be inspected and, if necessary, cared for, watered and fed during the journey.
3. road vehicles, wagons and containers must be fitted with a sufficient number of anchor points, designed, placed and maintained properly to ensure a strong attachment to the ship. Road vehicles, wagons and containers must be securely attached to the ship before departure at sea, in order to avoid that they are displaced by the movement of the ship.
4. road vehicles and wagons containing animals shall be transported on the bridge of a ship unless they are positioned so as to be adequately protected from sea water, taking into account the protection offered by the road vehicle or the car itself.
5. an alarm shall be fitted to detect any power failure the system of forced ventilation of the ship. A current source additional appropriate must be provided in order to ensure an appropriate forced ventilation is maintained.
6. measures should be taken to provide the animals fresh water and food in case of unforeseen delays or other circumstances if this is necessary.
7. in case of emergency, if transport lasts more than two hours, it must be possible to kill an animal in accordance with the provisions of art. 25 of the Convention. To this end, a means of killing suitable for the species must be available.
Art. 30 provisions for transport by air 1. No animal shall be transported in conditions where air quality, temperature and pressure cannot be maintained at levels appropriate for the whole trip.
2. the Commander shall be advised of the species, location and the number of live animals aboard the aircraft, together with any action required. For the animals located in accessible compartments, the captain must be informed of any irregularities regarding animals as quickly as possible.
3. the animals must be loaded in the aircraft as late as possible before the time of departure for the aircraft.
4. medications must be used when a particular problem arises and they must be administered by a veterinarian or by another competent person having been instructed in their use. The captain must be informed as soon as possible of any administration of medication during the vol. 5. In case of emergency and when a conveyor has access to the animals, in accordance with the provisions of art. 25 of the present Convention, a means of sedation and/or euthanasia appropriate to the species shall be available and only be used with the consent of the captain.
6. before the departure of the aircraft, the conveyor must be informed of the procedures of communication during the flight and be able to communicate effectively with the crew.
Multilateral consultations article 31 multilateral consultations 1. The Parties shall, in a period of five years after the entry into force of this Convention and every five years thereafter or sooner, if requested by a majority of the Parties, multilateral consultations within the Council of Europe.
2. these consultations take place at meetings convened by the Secretary General of the Council of Europe.
3. any party has the right to designate one or more representatives to participate in these consultations. The Parties shall communicate (s) name (s) of their representative (s) to the Secretary General of the Council of Europe at least one month before each meeting. Each party has a right to vote. Any State party to the Convention has a voice.
4. in the areas within its competence, the European Community, from the moment when it becomes party to the Convention, exercises its right to vote with a number of votes equal to the number of its Member States which are parties to this Convention; the European Community does not exercise its right to vote in cases where its Member States exercise theirs, and vice versa.
5. the Parties may seek the advice of experts. They can, 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 fields covered by the Convention, which will be represented by an observer at all or part ' of their consultations. The decision to invite experts or bodies is taken by a majority of two thirds 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 agreement, the Parties establish the rules of procedure for the consultations.
Art. 32 operation of multilateral consultations in multilateral consultations, the Parties are responsible for the follow-up of the implementation of the Convention. They may in particular: a. prepare technical protocols to this Convention, in accordance with the provisions of art. 34; b. suggest any necessary changes to this Convention and examine those proposed in accordance with the provisions of art. 35; c. examine, 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 object the Parties adopt technical protocols to this Convention concerning space need (art. 17) animals and feeding, watering and rest (art. 20). They may also adopt other technical protocols to establish technical standards for the implementation of provisions contained in this Convention.
Art. 34 adoption and entry into force 1. A technical Protocol is adopted by a majority of two thirds of the votes cast, and then sent to the Committee of Ministers for approval. After its approval, this text is communicated to the Parties for acceptance.
2. a technical Protocol comes into force for the Parties which have accepted him, 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, will have expressed to the Secretary General acceptance of this text. For any party who accepts it then, the Protocol enter into force the first day of the month following the expiration of a period of one month after the date to which the part expressed to the General Secretariat its acceptance.
3. for the preparation of technical protocols, the Parties follow the latest developments in scientific research and new methods in animal transport.
Art. 35 amendments 1. An amendment to a protocol this Convention, proposed by a party or by the Committee of Ministers, is communicated to the Secretary General of the Council of Europe and forwarded by her care in the Member States of the Council of Europe, the Community Europe and to every non-Member State which has acceded or which 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 previous paragraph is examined, at least six months after the date of its communication by the Secretary General at a multilateral consultation, where this amendment can be adopted by a majority of two-thirds of the Parties. The text adopted is communicated to the Parties.
3. the first day of the month following the expiration of a period of eighteen months after its adoption at a multilateral consultation, unless one third of the Parties have notified objections, any amendment comes into force for the Parties not having notified objection.
Settlement of disputes art. 36 settlement of disputes 1. In case of dispute relating to the interpretation or the application of the provisions of this Convention, the competent authorities of the Parties concerned will conduct mutual consultations. Each Party shall notify the Secretary General of the Council of Europe the names and addresses of its competent authorities.
2. If the dispute could not be resolved in this way, it will be submitted, at the request of one or other of the parties to the dispute to arbitration. Each Party shall designate one arbitrator and the two arbitrators so selected designate an umpire. If one of the parties to the dispute has not designated its arbitrator within the three months following the request for arbitration, he will be appointed at the request of the other party to the dispute by the President of the European Court of human rights. The case where it would be a national of one of the parties to the dispute, this duty shall be carried by the Vice-president of the Court or, if the latter is a national of one of the parties to the dispute, by the most senior judges in the Court who are not nationals of one of the parties to the dispute. Will be conducted in the same way if the arbitrators cannot agree on the choice of an umpire.
In disputes between two parties of which one is a Member State of the European Community, itself a party, the other party address the request for arbitration both to that Member State and the community, which jointly notify him within a period of three months after the receipt of the request, whether the Member State or the community, or the Member State and the community jointly , are parties to the dispute. Absence of such notification within the said period, the Member State and the Community shall be one and same party to the dispute for the purposes of the provisions governing the constitution and procedure of the arbitration tribunal. This also applies when the Member State and the community are parties to the dispute jointly.
3. the arbitral tribunal shall determine its procedure. Its decisions will be taken by a majority of the votes. His sentence, which will be based on this Convention, is final.
4. the dispute settlement procedure does not apply to disputes relating to questions which fall within the competence of the European Community concerning the definition of the scope of this jurisdiction, between Parties which are members of the European Community or between such members and the community.
Final provisions art. 37 signature, ratification, acceptance, approval 1. This Convention is open for signature by the Member States of the Council of Europe and the European Community. It will be subject to ratification, acceptance or approval. The 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 during international transport, opened for signature in Paris on 13 December 1968, may deposit its instrument of ratification, acceptance or approval without having previously denounced the said Convention or report it at the same time.
3. the present Convention comes 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, in application of two paragraphs, the denunciation of the Convention of 13 December 1968 becomes not effective at the time of the entry into force of this Convention, contracting a State or the European Community may, at the deposit of its instrument of ratification, acceptance or approval, declare that it will continue to apply the Convention of December 13, 1968, until the entry into force of this Convention.
5. for any signatory State or the European Community which has subsequently expressed its consent to be bound by it, this Convention will take effect six months after the date of the deposit of its instrument of ratification, acceptance or approval.
1970 1211 Art. RO 38 accession of States not members 1. After the entry into force of the Convention, the Committee of Ministers of the Council of Europe may invite any non-Member State of the Council of Europe to accede to this Convention, by a decision taken by the expected majority to art. 20, let. d of the Statute of the Council of Europe of 5 May 1949 and unanimously by the representatives of the Contracting States entitled to sit on the Committee of Ministers.
2. for any acceding State, this Convention comes into force six months after the deposit of the instrument of accession with the Secretary General of the Council of Europe.
SR 0.192.030 art. 39 territorial clause 1. Any State or the Community European time of signature or of the deposit of the instrument of ratification, acceptance, approval or accession, may designate any territories to which this Convention would apply.
2. any State or the European Community may at any 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 statement. This Convention will enter into force with respect to 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 with regard to a territory referred to in the statement may be withdrawn by notification addressed to the Secretary General of the Council of Europe. The withdrawal will 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. the denunciation shall take effect six months after the date of receipt of the notification by the Secretary General.
Art. 41 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 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 the Convention , in accordance with the art. 37 and 38; d. any other Act, notification or communication relating to this Convention.
In faith of what, the undersigned, duly authorized to that effect, have signed this Convention.
Done at Chiºinau, November 6, 2003, in french and English, 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 will provide certified copy to each of the Member States of the Council of Europe, the European Community, as well as to any State invited to accede to this Convention.
Scope 21 January 2016 States parties Ratification entry into force Germany February 8, 2007 August 9, 2007 Bulgaria 2 February 2006 3 August 2006 Cyprus may 10, 2010 November 11, 2010 Estonia 16 May 2008 November 17, 2008 Greece 13 September 2005 March 14, 2006 Luxembourg * may 2, 2005 March 14, 2006 Norway * March 2, 2004 March 14, 2006 Netherlands * February 7, 2008 August 8, 2008 Romania July 17, 2006 18 January 2007 Slovenia 13 May 12, 2014 November 2014 Sweden * November 6, 2003 14 March 2006 Switzerland * 23 September
2005 March 24, 2006 * reservations and declarations.
Reservations and declarations are not published to the RO. Texts in french and English can be found at the address of the Council of Europe website: http://conventions.coe.int or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.
2006 1857 RO; FF 2004 3497 2006 1855 2006 1877, 2010 4059, 2016 419 RO RO. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
Status as of January 21, 2016