Draft revised Convention for the protection of animals during international transport
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 1 April 2003 (11th Sitting) (see Doc. 9743, report of the Committee
on the Environment, Agriculture and Local and Regional Affairs,
rapporteur: Mr Etherington). Text adopted by the Assembly on 1 April
2003 (11th Sitting).
- Thesaurus
1. The Parliamentary Assembly welcomes
and supports the draft revised European Convention for the Protection
of Animals during International Transport. It recalls in this respect
its Recommendation 1289 (1996) on animal welfare and livestock transport
in Europe, which was the basis for the revision of the convention.
2. The European Convention on the Protection of Animals during
International Transport (ETS No. 65) was the first international
legal instrument laying down ethical principles in this field and
represented a point of reference in European countries for the elaboration
of relevant national and European legislation. Nevertheless, the
improvement of the conditions for the international transport of
livestock and of the mechanisms to assure the implementation of
legislation, in line with the principles set out in the convention
and in the connected Committee of Ministers’ recommendations, remained
a matter of concern.
3. The Assembly welcomes the timing of the draft revised convention,
as it allows the necessary updating of its provisions in the light
of the experience acquired and the scientific results obtained since
its opening for signature. The efforts made to clarify and simplify
its provisions in order to improve their readability are also welcomed,
as this will facilitate their implementation. Particular interest
and appreciation is expressed with regard to the political and technical
value of the method adopted during the revision process, based on
close collaboration with non-governmental organisations representing
the different sectors concerned – veterinarians, transporters, animal
protection associations, animal behaviour specialists, farmers,
scientists, and so on – which is of paramount importance given the
technical and scientific contents of the draft revised convention.
4. The Assembly considers the draft revised convention to be
well geared to the aims it is intended to achieve and a substantial
step forward with respect to the convention currently in force.
The animals’ welfare is recognised as the fundamental issue which
must be taken into account during transport, and this must be considered
from the planning of a journey to its conclusion, with particular
regard to the reduction of the length of journeys.
5. The Assembly notes with interest that the draft revised convention
contains more precise definitions than the original convention and
clearly identifies the responsibility of people involved at all
stages in the transport of animals. It also defines the responsibility
of the parties:
5.1 in the control
and supervision of the application of the convention;
5.2 in the application of the provisions for transport within
their own territory;
5.3 in providing mutual assistance and information; and
5.4 in one of the most important new aspects of this draft
revised convention – ensuring an effective system of training.
6. In this context, the Assembly attaches particular importance
to ensuring that all member states which become parties to the revised
convention provide an effective system to monitor the implementation
of the principles set out in the convention.
7. The Assembly also welcomes the close co-operation with the
European Union in the elaboration process of the draft revised convention,
taking into account the relevant European Community provisions,
and with a view to the accession of the European Union to the revised
convention. It realises that the text adopted by the Multilateral
Consultation of the Parties is the result of a delicate compromise,
seeking to ensure that the revised convention and the national and
European legislation in the field are, and remain, compatible with
each other. This is reflected in the definition of scope of application
of the convention, and in particular in the reference to “international”
transport and to the exclusion of journeys of less than fifty kilometres.
8. The Assembly is aware of the evolution of the notion of international
boundaries within Europe after the new enlargement of the European
Union, and to this end expresses its wish that European Community
law and international law continue to evolve together in this area.
It recommends that in the implementation of the convention at national
level special attention be given to those provisions aiming to ensure
the respect of its principles and provisions during internal transport
(Article 3, paragraph 3) and to minimise the suffering of animals
in cases where unforeseeable circumstances may prolong the length
of journeys, including those over a short distance (Article 4, paragraph
5).
9. The Assembly notes with interest the idea of laying down
in the draft revised convention the essential principles applying
to all species and of providing it with technical protocols, which
will contain all relevant figures for space allowance, maximum travelling
times and intervals for feed, water and rest, which can be amended
following a simplified procedure. The Assembly considers that this
would increase the flexibility of the convention, facilitating thereby
its future updating in the light of scientific evidence and experience
acquired.
10. Nevertheless, the Assembly remains concerned that the omission
of all technical details and figures from the core text of the convention
would make it difficult to monitor the implementation of its provisions.
It therefore urges that the technical protocols be drawn up as quickly
as possible in order to facilitate their acceptance together with
the convention.
11. The Assembly wishes to reaffirm its particular concern about
the maximum length of a journey as the most relevant threat to the
welfare of animals during transport. In the absence of any explicit
indication of maximum travelling times in the text of the convention,
the Assembly emphasises the need to draw up the technical protocols
mentioned in Articles 17 and 20 of the convention as soon as possible.
12. The Assembly believes that the improvement of the conditions
for the international transport of livestock, in particular with
regard to avoiding their unnecessary transport, the reduction of
travel and waiting times, improving transport facilities and feeding/watering
systems, remains a matter of urgency. To this end, the Assembly
fully endorses the draft revised convention submitted to it for
opinion and recommends that the Committee of Ministers:
12.1 open the draft revised convention
for signature at the earliest opportunity;
12.2 urge all Council of Europe member and Observer states
to sign and ratify the instrument as soon as possible, in order
to speed up its entry into force and the elaboration of its technical
protocols;
12.3 make every effort to extend the number of signatures and
ratifications of the revised convention in comparison with the convention
currently in force;
12.4 encourage the European Union to speed up the revision
of its own directives on livestock transportation, taking into account
the provisions of the revised Council of Europe convention; and
urge it to accede to the Council of Europe revised convention, for
adequate protection of animals during international transport can
only be assured in a pan-European perspective;
12.5 encourage all member and Observer states of the Council
of Europe to implement the convention at national level, paying
special attention to those provisions aiming to ensure the respect
of its principles and provisions during internal transport and to
minimise the suffering of animals in cases where unforeseeable circumstances
may prolong the length of journeys, including those over a short
distance;
12.6 entrust more authority to the parties to the convention
in monitoring its the implementation by introducing provisions for
proper control and sanctioning mechanisms, as well as ensuring its
flexible adaptation to scientific and technological developments;
12.7 increase assistance to the countries of central and eastern
Europe needing an upgrading of legislation and skills for improved
animal welfare;
12.8 request not only the contracting parties but all member
and Observer states to entrust animal transport to persons and/or
companies with certified qualifications, and, to this end, work
out harmonised training requirements and codes of conduct;
12.9 make the necessary resources available for speeding up
the activities on the elaboration of the additional protocols and
codes of conduct with a view to assuring the completion of the revision
of the framework for animal transport and with an ultimate objective
to bring all five conventions of the Council of Europe on the protection
of animals into a broader framework for the welfare of animals.
