0.456 text original Convention European for the protection of pets concluded at Strasbourg on November 13, 1987 approved by the Federal Assembly on 17 June 1993 Instrument of ratification submitted by Switzerland on 3 November 1993 entry into force for the Switzerland June 1, 1994 (status September 27, 2011) 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 a greater unity between its members;
Recognising that man has a moral obligation to respect all living creatures and bearing in mind the specific links between humans and pets;
Considering the importance of pets because of their contribution to the quality of life and thus, their value to society;
Whereas the difficulties arising from the variety of animals that are owned by man;
Considering the risks inherent in the animal overpopulation for hygiene, health and the safety of human and other animals;
Whereas the holding of specimens of wild fauna, as pets, should not be encouraged;
Conscious of the range of conditions governing acquisition, holding, farming to commercial or otherwise, the transfer and the pet trade;
Aware that the conditions of detention of the pets do not always allow to promote their health and well-being;
Noting that the attitudes towards pets vary greatly, sometimes due to a lack of knowledge or awareness;
Whereas an attitude and practice basic Commons resulting in a responsible manner of pet owners are not only a desirable but also realistic target, agreed to the following: chapter I provisions general article 1 definitions 1. Pet means any animal owned or to be owned by the man, especially in his home, for its approval and as a companion.
2 means trade of pets all performed transactions on a regular basis in substantial quantities and for profit, involving the transfer of the property of these animals.
3 means breeding and care of pets to commercial livestock and guard practiced mainly for profit and in substantial quantities.
4 means animal shelter an institution non profit where pets can be held in substantial numbers. Where national legislation and/or administrative measures permit, such an establishment can accommodate stray animals.
5. stray animal means any animal of a company that either has no home, lies outside the home of its owner or guardian limits or is controlled or under the direct supervision of any owner or custodian.
6 means the authority designated by the Member State competent authority.
S. 2 scope and implementation 1. Each party undertakes to take the necessary measures to give effect to the provisions of this Convention in relation to: a. the pets owned by a natural or legal person in any home, in any establishment engaged in the trade or to the farming and clearance for commercial purposes of such animals, as well as in any animal shelter; b. where applicable stray animals.
2. nothing in this Convention shall affect the implementation of other instruments for the protection of animals or the preservation of endangered wild species.
3. nothing in this Convention shall affect the right of Parties to adopt stricter rules for the protection of pet animals or to apply to categories of animals which are not expressly mentioned in this instrument.
Chapter II principles for the detention of pet art. 3 basic principles for the welfare of animals 1. No person shall cause unnecessary pain, suffering or distress to a pet.
2. no person shall abandon a pet.
S. 4 detention 1. Anyone who owns a pet or who has agreed to deal must be responsible for his health and well-being.
2. anyone who owns a pet or deals must provide care and attention facilities that reflect his Ethological needs, in accordance with its species and breed, and in particular: a. provide, in sufficient quantity, the food and water that suit him; b. provide adequate exercise opportunities; c. take all reasonable measures to not let him escape.
3. an animal should not be held as pets if: a. the conditions referred to in the by. 2 above are not met or if, b. well that these conditions are met, the animal cannot adapt to captivity.
S. 5 reproduction every person who selects a pet for reproduction must be required to take into account the anatomical, physiological and behavioural characteristics which are likely to endanger the health and welfare of the offspring or the female.
S. 6 age limit for acquiring no pet should be sold to persons under the age of 16 years without the express consent of their parents or other persons exercising parental responsibility.
S. 7 training no animal of company must be drawn up in a way that is detrimental to its health and well-being, including forcing him to exceed his abilities or his force natural or using artificial means which cause injury or unnecessary pain, suffering or distress.
S. 8 trade, livestock and guard on a commercial basis, shelters for animals 1. Any person who, at the time of the entry into force of the Convention, is engaged in the trade or, for commercial purposes, livestock or pet care or who runs an animal shelter shall, within an appropriate period which is to be determined by each party, declare to the competent authority.
Any person who intends to engage in any of these activities should make a statement to the competent authority.
2. this declaration shall indicate: a. the species of pet animals that are or will be affected;. b RPIC and its knowledge; c. a description of the facilities and equipment that are or will be used.
3. the activities referred to above may be carried out only: a. If the person responsible has the knowledge and ability necessary for the exercise of this activity, the fact or vocational training, or sufficient experience with pet etb. If the facilities and equipment used for the activity meet the requirements of art. 4 4. On the basis of the declaration made in accordance with the provisions of by. 1, the competent authority must determine if the conditions mentioned in the by. 3 are fulfilled or not. In the event that they would not be met satisfactorily, the competent authority shall recommend measures and, if necessary for the protection of animals, prohibit the commencement or the continuation of the activity.
5. the competent authority shall, in accordance with national legislation, control whether or not the conditions mentioned above are fulfilled.
S. 9 advertising, shows, exhibitions, competitions and similar events 1. Pets cannot be used in advertising, entertainment, exhibitions, competitions or similar events, unless: a. the organiser has created the necessary conditions so that these animals are treated in accordance with the requirements of art. 4, by. 2, and Quebec. their health and well-being are not endangered.
2. no substance shall be administered to a pet, no treatment be applied, or any means used to increase or decrease the natural level of its performance: a. during competitions or (b). at any other time, if this can pose a risk to the health and well-being of this animal.
S. 10 surgical procedures 1. Surgical interventions to change the appearance of a pet or for other non-curative purposes must be prohibited and, in particular: a. the cut of the tail; b. ear cup; c. section of the vocal cords; d. removal of claws and teeth.
2. exceptions to this prohibition should be allowed only: a. If a veterinarian considers necessary non-curative surgery either for reasons of veterinary medicine, either in the interests of a particular animal; b. to prevent the reproduction.3. a. interventions during which the animal will suffer or may suffer considerable pain should only be performed under anaesthesia and by a veterinarian or under his controle.b. Interventions not requiring anesthesia may be performed by a competent person, in accordance with national legislation.
S. 11 sacrifice
1. only a veterinarian or another competent person must carry out the sacrifice of a pet, except in case of emergency to put an end to the suffering of an animal and where the assistance of a veterinarian or other competent person cannot be obtained quickly or in any other emergencies provided for in national legislation. Any sacrifice must be made with the minimum of physical and moral sufferings taking into account the circumstances. The method chosen, except in an emergency, shall: a. either cause immediate unconsciousness and then death, b. either start by administration of deep general anaesthesia followed by of a process that will cause death in some way.
The person responsible for the sacrifice must ensure that the animal is dead before that the remains be removed.
2. the following methods of sacrifice must be prohibited: a. drowning and other methods of asphyxiation, if they do not produce the effects mentioned in the by. 1, al. (b); (b) the use of any poison or drug dosage and application can be controlled to produce the effects mentioned in the by. 1; c. the electric shock, unless it is preceded by the immediate loss of consciousness.
Chapter III additional measures concerning stray animals art. 12 reduction in the number of stray animals where a party considers that the number of stray animals is a problem for her, it must take the necessary legislative and/or administrative measures to reduce this number by methods that do not cause pain or suffering and anxieties preventable.
a. such measures should involve only: i) if such animals must be captured, this is done with a minimum of physical suffering and morales given the nature of the animal; ii) if caught animals are detained or sacrificed, it is done in accordance with the principles laid down in this Convention.
b. the Parties undertake to consider: i) the permanent identification of dogs and cats by appropriate means causing that pain, suffering or distress light or transient, such as tattoo accompanied the registration number and the names and addresses of the owners; it) reduce reproduction unplanned dogs and cats by encouraging their sterilization; iii) to encourage the person who found a dog or a stray cat to report it to the competent authority.
S. 13 exceptions for the capture, detention and sacrifice the exceptions to the principles laid down in the Convention concerning the capture, detention and the sacrifice of stray animals should be admitted when they are unavoidable in the context of Government disease control programs.
Chapter IV Information and education article 14 programmes of information and education. the Parties undertake to encourage the development of programmes of information and education to promote, among organizations and individuals affected by the detention, livestock, the. dressage, trade and custody of pets, awareness and knowledge of the provisions and the principles of this Convention. In these programmes, attention should be called especially on the following points: a. the training of pet animals for purposes of trade or competition, which must be carried out by persons with the appropriate skills and knowledge; b. the need to discourage: i) the donation of pets to individuals 16 years of age without the express consent of their parents or other persons exercising parental responsibility; ii) the gift of animals from company as prizes, awards or bonuses; iii) procreation unplanned of pets;
c. the potential negative consequences for the health and the welfare of wild animals, of their acquisition or introduction as animals company; d. the risks of irresponsible acquisition of pet animals leading to an increase in the number of animals not desired and abandoned.
Chapter V Consultations multilateral s. 15 multilateral consultations 1. The Parties shall, in a period of five years after the entry into force of the Convention and every five years thereafter, and in any case, whenever a majority of the representatives of the Parties so requests, to multilateral consultations within the Council of Europe, to consider the implementation of the Convention and the advisability of its revision or of extending some of its provisions. These consultations will take place at meetings convened by the Secretary General of the Council of Europe.
2. any party has the right to appoint a representative to participate in these consultations. Any Member State of the Council of Europe which is not a party to the Convention has the right to be represented in these consultations by an observer.
3. after each consultation, the Parties submit to the Committee of Ministers of the Council of Europe a report on the consultation and the functioning of the Convention including, if they consider it necessary, proposals to amend the art. 15 to 23 of the Convention.
4. subject to the provisions of this Convention, the Parties shall establish rules of procedure for the consultations.
Chapter VI amendments art. 16 amendments 1. Any amendment to arts. 1 to 14, proposed by a party or by the Committee of Ministers, is communicated to the Secretary General of the Council of Europe and forwarded by itself to the Member States of the Council of Europe, any party and any State invited to accede to the Convention in accordance with the provisions of art. 19 2. Any amendment proposed in accordance with the provisions of the preceding paragraph is considered, at least two months after the date of its transmission by the Secretary General at a multilateral consultation where this amendment can be adopted by a majority of two thirds of the Parties. The adopted text is communicated to the Parties.
3. at the expiration of a period of twelve months after its adoption at a multilateral consultation, any amendment shall enter into force unless one of the Parties has notified objections.
Chapter VII provisions finals s. 17 signature, ratification, acceptance and approval this Convention is open for signature by the Member States of the Council of Europe. 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.
S. 18 entry into force 1. Lai this Convention shall enter into force the first day of the month following the expiration of a period of six months after the date on which four Member States of the Council of Europe have expressed their consent to be bound by the Convention in accordance with the provisions of art. 17 2. Any Member State which subsequently expresses its consent to be bound by the Convention, it shall enter into force the first day of the month following the expiration of a period of six months after the date of deposit of the instrument of ratification, acceptance or approval.
S. 19 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 not a member of the Council of Europe to accede to this Convention, by a decision taken by the majority provided for in art. 20.d of the Statute of the Council of Europe of 5 May 1949 and the unanimity of the representatives of the Contracting States entitled to sit on the Committee of Ministers.
RS 0.192.030 s. 20 territorial clause 1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, designate any territories to which apply this Convention.
2 any party may, at any time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. The Convention will enter into force with respect to that territory the first day of the month following the expiration of a period of six months after the date of receipt of the declaration by the Secretary General.
3. any declaration made under the two preceding paragraphs may be withdrawn, in respect of any territory specified in the declaration, by notification addressed to the Secretary General. The withdrawal shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.
S. 21 reservations (1). Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it avails itself of one or more reservations with respect to art. 6 and paragraph a of by. 1 of art. 10. no other reservation may be made.
2. any party which has made a reservation under the preceding paragraph may withdraw it, in whole or in part by sending a notification to the Secretary General of the Council of Europe. The withdrawal shall take effect on the date of receipt of the notification by the Secretary General.
3. the party which has made a reservation in respect of a provision of this Convention may not claim the application of that provision by any other party; However, it can, if the reservation is partial or conditional, claim the application of that provision insofar as it accepted it.
S. 22 denunciation 1. Any party may, at any time, denounce this Convention by sending a notification to the Secretary General of the Council of Europe.
2. the denunciation shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.
S. 23 notifications scope on September 27, 2011, the Secretary General of the Council of Europe shall notify the Member States of the Council and any State acceding to this Convention or having been invited to do so: 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 pursuant to its article 18, 19, 20; d. any other Act, notification or communication relating to this Convention.
In witness whereof the undersigned, being duly authorized thereto, have signed the present Convention.
Done at Strasbourg, 13 November 1987, 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 to provide certified copy to each of the Member States of the Council of Europe and to any State invited to accede to this Convention.
September 27, 2011 States parties Ratification entry into force Germany scope * 27 May 1991 1 May 1992 Austria 10 August 1999 1 March 2000 Azerbaijan * October 19, 2007 1 May 2008 Belgium 20 December 1991 1 July 1992 Bulgaria July 20, 2004 February 1, 2005 Cyprus 9 December 1993 1 July 1994 Denmark * 20 October 1992 1 May 1993 Finland 2 December 1991 1 July 1992 France * 3 October 2003 1 May 2004 Greece 29 April 1992 1 November 1992 Italy April 19, 2011 November 1, 2011 Latvia * October 22, 2010 may 1, 2011 Lithuania may 19, 2004 December 1, 2004 Luxembourg 25 October 1991 1 May 1992 Norway February 3, 1987 1 May 1992 Portugal * 28 June 1993 1 January 1994 Czech Republic * 23 September 1998 March 24, 1999 Romania August 6, 2004 March 1, 2005 Serbia December 2, 2010 July 1, 2011 Sweden March 14, 1989 1 May 1992 Switzerland 3 November 1993 1 June 1994
Turkey 28 November 2003 June 1, 2004 * reservations and declarations. Reservations and declarations are not published to the RO. The texts in french and English will be available at the website of the Council of Europe address: http://conventions.coe.int or obtained in the Directorate of public international law (DPIL), Section of international treaties, 3003 Berne.
Does not apply to the Faroe Islands and Greenland.
The Convention shall apply to the territory of the French Republic, except New Caledonia, French Polynesia and southern and Antarctic Territories.
1994 919 RO; FF 1992 V 953 s. 1 al. let 1. c of 17 June 1993 (RO 1994 918) AF RO 1994 928, 2002 3504, 2005 3569 and 2011 4559. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
State September 27, 2011