2004/544/EG: Beschluss des Rates vom 21. Juni 2004 über die Unterzeichnung des Europäischen Übereinkommens über den Schutz von Tieren beim internationalen Transport (revidiert)

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pped with a means of lighting, fixed or portable, sufficient for general inspection of the animals and where this is necessary during transport and for watering and feeding. Article 23 Containers 1. During transport and handling, containers shall always be kept upright and severe jolts or shaking shall be minimised. 2. Containers shall be secured so as to prevent their displacement by the motion of the means of transport. Article 24 Care during transport The person in charge of the welfare of the animals shall take every opportunity to check them and to administer, if necessary, the appropriate care. Article 25 Emergency and casualty care during transport Animals that fall ill or are injured during transport shall receive first-aid care as soon as possible; if necessary, they shall be given appropriate veterinary treatment or be killed in a way which does not cause them any additional suffering. SPECIAL PROVISIONS Article 26 Special provisions for transport by rail 1. Any railway wagon used in the transport of animals shall be marked to indicate the presence of live animals. Unless the animals are transported in containers, the inside walls of the railway wagon shall be of suitable material, completely smooth and fitted with rings or bars, at a suitable height, to which the animals may be attached. 2. Where they are not transported in individual boxes, solipeds shall be tied in such a way that they are all facing the same side of the railway wagon or tied facing each other. However, foals and unbroken animals shall not be tied. 3. Large animals shall be loaded in such a way as to allow an attendant to move between them. 4. When assembling trains and during all other movement of railway wagons every precaution shall be taken to avoid jolting a wagon containing animals. 5. Every opportunity shall be taken to check the animals, as provided for in Article 24 of this Convention, whenever the railway wagons stop or weather conditions change. Article 27 Special provisions for transport by road 1. Vehicles in which animals are transported shall be clearly and visibly marked to indicate the presence of live animals. 2. Vehicles shall be driven in a way which ensures smooth acceleration, deceleration and turning. 3. Vehicles shall carry suitable equipment for loading and unloading in compliance with Article 13 of this Convention. 4. Every opportunity shall be taken to check the animals in the vehicle, as provided for in Article 24 of this Convention, whenever the vehicle stops or weather conditions change. Article 28 Special provisions for transport by water (except roll-on/roll-off vessels) 1. So as to ensure that the welfare requirements of the animals transported are met, the competent authority of the country where loading takes place shall inspect before loading is allowed: (a) purpose-built or converted livestock vessels; (b) arrangements on other vessels where the animals are to be transported. 2. An alarm shall be fitted to detect any power failure in the forced ventilation system. An adequate secondary source of power, clearly separated from the primary source, shall be provided to ensure that appropriate forced ventilation is maintained. 3. Animals shall not be transported on open decks unless in containers or other structures, giving adequate protection from sea water. 4. Where animals are walked on and off the vessel, suitable gangways, ramps and walkways shall be provided between the quayside and the vessel's livestock decks. 5. Loading and unloading of animals onto or off livestock vessels shall be supervised by an authorised veterinarian. 6. Animal accommodation, ramps and passageways shall be adequately lit at loading and unloading so that the animals can see where they are going, depending upon the specific requirements of the species. 7. All pens, stalls and containers shall be directly accessible for both the animals and attendants. 8. Passageways for animals shall be appropriate for the species to be transported, in particular they shall not have sharp edges, and sharp corners and protrusions shall be minimised. 9. All parts of the vessel where animals are accommodated shall be provided with facilities which ensure effective drainage and shall be kept in a good sanitary condition. 10. Supplies of clean, fresh water, wholesome feed and appropriate bedding, sufficient for the animals' needs and considering the length of the sea journey, shall be carried on the vessel. 11. Reserve supplies of water, and in the case of long journeys, feed and bedding for the animals shall be carried in case of unforeseen delays. 12. Supplies of feed and bedding shall be stored so as to ensure that they are kept in a dry state, and protected from the weather and the sea. The storage of feed and bedding shall not interfere with ventilation, lighting and drainage systems, or passageways. 13. Drinking and feeding equipment appropriate to the number, size and species of the animals shall be provided. 14. Provisions shall be made for isolating animals which become ill or injured during the journey. 15. In case of emergency, it shall be possible to kill an animal in accordance with the provisions laid down in Article 25 of this Convention. To that end, a means of killing suitable to the species shall be available. Article 29 Special provisions for transport in road vehicles or rail wagons on roll-on/roll-off vessels 1. Where animals are transported in road vehicles or rail wagons on board roll-on/roll-off vessels, especially in the enclosed decks, special care shall be taken to ensure that sufficient ventilation is provided for the animals throughout the journey. Road vehicles and rail wagons shall be stowed so that the animals obtain maximum benefit from fresh air inlets. 2. The person in charge of the welfare of the animals shall have access to them so that they can be inspected and, if necessary, cared for, watered and fed during the journey. 3. Road vehicles, rail wagons and containers shall be equipped with a sufficient number of adequately designed, positioned and maintained securing points enabling them to be securely fastened to the vessel. Road vehicles, rail wagons and containers shall be secured to the ship before the start of the sea journey to prevent them being displaced by the motion of the vessel. 4. Road vehicles and rail wagons containing animals shall only be transported on the open deck of a vessel in a position that provides adequate protection from sea water, taking account of the protection which the road vehicle or rail wagon itself provides. 5. An alarm shall be fitted to detect any power failure in the forced ventilation system of the vessel. An adequate secondary source of power shall be provided to ensure that appropriate forced ventilation is maintained. 6. Arrangements shall be made to supply the animals with fresh water and feed in case of unforeseen delays or if otherwise necessary. 7. In case of emergency, if transport lasts more than two hours, it shall be possible to kill an animal in accordance with the provisions laid down in Article 25 of this Convention. To that end, a means of killing suitable to the species shall be available. Article 30 Special provisions for transport by air 1. No animals shall be transported in conditions where air quality, temperature and pressure cannot be maintained within an appropriate range during the entire journey. 2. The commander shall be advised of the species, location and quantity of all live animals aboard the aircraft, together with any action required. For animals in accessible cargo compartments, the commander shall be notified of any irregularity relating to the animals as soon as possible. 3. Animals shall be loaded in the aircraft as close as possible to the aircraft's planned time of departure. 4. Drugs shall only be used when a specific problem exists and shall be administered by a veterinarian or by another competent person who has been instructed in their use. The commander shall be informed as soon as possible of any drugs administered in flight. 5. In the case of emergency and where an attendant has access to the animals, in accordance with Article 25 of this Convention, a means of sedation and/or euthanasia, suitable to the species, shall be available and only used with the agreement of the commander. 6. The attendant shall be briefed on the in-flight communication procedure prior to flight departure and be able to effectively communicate with the crew. MULTILATERAL CONSULTATIONS Article 31 Multilateral consultations 1. The Parties shall, within five years from the entry into force of this Convention and every five years thereafter, or more frequently if a majority of the Parties should so request, hold multilateral consultations within the Council of Europe. 2. These consultations shall take place at meetings convened by the Secretary-General of the Council of Europe. 3. Each Party shall have the right to appoint one or more representatives to participate in these 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. Each State which is Party to the Convention shall have one vote. 4. Within the areas of its competence, the European Community, on becoming 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 Parties to this Convention; the European Community shall not exercise its right to vote in cases where the Member States concerned exercise theirs, and conversely. 5. The Parties may seek the advice of experts. They may, on their own initiative or at the request of the body concerned, invite any international or national, governmental or non-governmental body technically qualified in the fields covered by this Convention to be represented by an observer at one or part of one of its consultations. The decision to invite such experts or bodies shall be 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 Convention, the Parties shall draw up the rules of procedure for the consultations. Article 32 Functions of multilateral consultations Within the framework of multilateral consultations, the Parties shall be responsible for following the application of this Convention. They may in particular: (a) prepare technical protocols to this Convention in accordance with the provisions of Article 34; (b) suggest any necessary modifications to this Convention and examine those proposed in accordance with the provisions of Article 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 Article 33 Object The Parties shall adopt technical protocols to this Convention concerning space allowances (Article 17) and water, feed and rest (Article 20). They may also adopt other technical protocols with a view to establishing technical norms for the implementation of the provisions contained in this Convention. Article 34 Adoption and entry into force 1. A technical protocol shall be adopted by a two-thirds majority of the votes cast, and then forwarded to the Committee of Ministers for approval. After its approval, this text shall be forwarded to the Parties for acceptance. 2. A technical protocol shall enter into force, in respect of those 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 that they have accepted it. In respect of any Party which subsequently accepts it, 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 that Party has informed the Secretary-General of its acceptance. 3. For the purpose of preparing technical protocols, the Parties shall follow developments in scientific research and new methods in animal transport. Article 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 forwarded by him or her to the Member States of the Council of Europe, to the European Community and to any non-Member State which has acceded to, or has been invited to accede to this Convention in accordance with the provisions of Article 38. 2. Any amendment proposed in accordance with the provisions of the preceding paragraph shall be examined not less than six months after the date of forwarding by the Secretary-General at a multilateral consultation, where it may be adopted by a two-thirds majority of the Parties. The text adopted shall be forwarded to the Parties. 3. On the first day of the month following the expiration of a period of 18 months after its adoption by the multilateral consultation, unless more than one-third of the Parties have notified objections, any amendment shall enter into force for those Parties which have not notified objections. SETTLEMENT OF DISPUTES Article 36 Settlement of disputes 1. In case of a dispute regarding the interpretation or the application of the provisions of this Convention, the competent authorities of the Parties concerned shall consult with each other. Each Party shall communicate to the Secretary-General of the Council of Europe the names and addresses of their competent authorities. 2. If the dispute has not been settled by this means, it shall, at the request of one or other of the parties to the dispute, be referred to arbitration. Each party shall nominate an arbitrator and the two arbitrators shall nominate a referee. If one of the two parties to the dispute has not nominated its arbitrator within the three months following the request for arbitration, he shall be nominated at the request of the other party to the dispute by the President of the European Court of Human Rights. If the latter is a national of one of the parties to the dispute, this duty shall be carried out by the Vice-President of the Court or, if the Vice-President is a national of one of the parties to the dispute, by the most senior judge of the Court not being a national of one of the parties to the dispute. The same procedure shall be observed if the arbitrators cannot agree on the choice of referee. In the event of a dispute between two Parties, one of which is a Member State of the European Community, the latter itself being a Party, the other Party shall address the request for arbitration both to the Member State and to the Community, which jointly shall notify it, within three months of receipt of the request, whether the Member State or the Community, or the Member State and the Community jointly, shall be party to the dispute. In the absence of such notification within the said time limit, the Member State and the Community shall be considered as being one and the same party to the dispute for the purposes of the application of the provisions governing the constitution and procedure of the arbitration tribunal. The same shall apply when the Member State and the Community jointly present themselves as party to the dispute. 3. The arbitration tribunal shall lay down its own procedure. Its decisions shall be taken by majority vote. Its award, which shall be based on this Convention, shall be final. 4. The procedure for the settlement of disputes shall not apply to disputes relating to questions within the competence of the European Community or to the definition of the scope of that competence between Parties which are members of the European Community or between such members and the Community. FINAL CLAUSES Article 37 Signature, ratification, acceptance, approval 1. This Convention shall be open for signature by the Member States of the Council of Europe and the European Community. It is 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 during International Transport, opened for signature in Paris on 13 December 1968, may deposit its instrument of ratification, acceptance or approval unless it has already denounced the said Convention or denounces it simultaneously. 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. Whenever, in application of the preceding two paragraphs, the denunciation of the Convention of 13 December 1968 would not become effective simultaneously with the entry into force of this Convention, a Contracting State or the European Community may, when depositing its instrument of ratification, acceptance or approval, declare that it will continue to apply the Convention of 13 December 1968 until the entry into force of this Convention. 5. In respect of any signatory State or the European Community which subsequently expresses its consent to be bound by it, this Convention shall enter into force six months after the date of the deposit of the instrument of ratification, acceptance or approval. Article 38 Accession of non-Member States 1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any other non-Member State of the Council to accede to this Convention by a decision taken by the majority provided for in Article 20.d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee. 2. In respect of any acceding State, this Convention shall enter into force six months after the date of deposit of the instrument of accession with the Secretary-General of the Council of Europe. Article 39 Territorial clause 1. Any State or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply. 2. Any State or the European Community may at any later date, 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. In respect of such territory this Convention shall enter into force six months after the date of receipt of such declaration by the Secretary-General. 3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary-General. The withdrawal shall become effective six months after the date of receipt of such notification by the Secretary-General. Article 40 Denunciation 1. Any Party may at any time denounce this Convention by means of a notification addressed to the Secretary-General of the Council of Europe. 2. Such denunciation shall become effective six months following the date of receipt of such notification by the Secretary-General. Article 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 of: (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 Articles 37 and 38; (d) any other act, notification or communication relating to this Convention. In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at …, this … day of …, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall transmit certified copies to each Member State of the Council of Europe, to the European Community and to any State invited to accede to this Convention. EXPLANATORY REPORT (as adopted by the Committee of Ministers on 11 June 2003) The text of this Explanatory Report does not constitute an instrument providing an authoritative interpretation of the revised Convention, although it might be of such a nature as to facilitate the application of the provisions contained therein. This Convention will be open for signature in Chişinau, in November 2003, on the occasion of the 113th Session of the Committee of Ministers. Introduction 1. On 19 March 1996, at the first meeting of the Working Party for the preparation of their third Multilateral Consultation, the Parties to the European Convention for the protection of animals during international transport (ETS 65) recognised that the experience acquired and scientific results obtained since the opening for signature of the Convention permitted them to foresee bringing the provisions up to date and clarifying their wording in order to facilitate its implementation. The 1968 Convention 2. The Convention was elaborated by a Committee of experts set up by the Committee of Ministers in 1965, in reply to Recommendation 287 (1961) of the Consultative Assembly of the Council of Europe on the international transit of animals. In this Recommendation, the Consultative Assembly, „Considering that the humane treatment of animals is one of the hallmarks of Western civilisation, but that, even in Member States of the Council of Europe, the necessary standards are not always observed“, recommended „that the Committee of Ministers should draft, and invite the Member States to sign and ratify, a Convention for the regulation of the international transit of animals based on a draft prepared by the World Federation for the Protection of Animals, it being understood that the Convention would be open to accession by other States with the least possible formality.“ The Convention was opened for signature on 13 December 1968 and entered into force on 20 February 1970. The Convention was amended according to the provisions of the Additional Protocol (ETS 103) which entered into force on 7 November 1989, to provide for the signature by the European Economic Community. Revision of the Convention 3. The revision of the provisions of the 1968 Convention was carried out taking into account the Recommendations of the Committee of Ministers Nos R (87) 17 on the transport of horses, R (88) 15 on the transport of pigs, R (90) 1 on the transport of cattle, R (90) 5 on the transport of sheep and goats, and R (90) 6 on the transport of poultry. 4. Observers from the World Society for the Protection of Animals (WSPA), the International Air Transport Association (IATA), the European Livestock and Meat Trading Union (UECBV), already consulted for the elaboration of the initial Convention, as well as the Animal Transportation Association (AATA), the European Confederation of Agriculture (CEA), the Economic Commission for Europe (United Nations),