European Convention for the Protection of Pet Animals
Strasbourg, 13 November 1987
Official translation of the Federal Chancellery of Switzerland
Explanatory Report
Inglese
Preamble
The Member States of the Council of Europe, signatory hereto,
Whereas the objective of the Council of Europe is to achieve a greater unity between its members;
recognizing that man has a moral obligation to respect all living creatures, and in consideration of the special relationship between humans and animals with companionship;
considering the importance of companion animals due to the contribution they provide to the quality of life and therefore their value to society;
rando considered the difficulties caused by the wide variety of animals kept by man;
Considering the risks inherent in pet animal overpopulation for hygiene, sa lute and safety of humans and other animals;
Whereas the maintenance of specimens of wild animals as pets should not be encouraged;
aware the different conditions which govern the acquisition, maintenance, rearing to commercial or non-commercial use, transfer and sale of pet animals;
aware that pets are not always kept under conditions to promote their health and well-being;
Noting that attitudes towards pet animals vary widely, sometimes due to lack of knowledge and awareness;
whereas a basic common standard of behavior and practices that lead to responsible conduct by the owners of animals with companionship and an ambition not only appropriate but also realistic, have
agreed as follows:
Chapter I - General provisions
Article 1 - Definitions
1. By pet animal is meant any animal kept or intended to be kept by man, especially in his household for his enjoyment and companionship.
2. By trading in pet animals is the set of transactions be made on the ef a regular basis for large quantities and for-profit, behavioral Tano that the transfer of ownership of such animals.
3. For breeding and keeping of pet animals for commercial purposes shall mean giving the breeding and boarding mainly for profit for those quantities relevant.
4. By animal sanctuary is meant a non-profit making institution in which the evil companion animal may be kept in substantial numbers. Where the national legislation and / or administrative rules allow, the institution can accept stray animals.
5. For stray animal is meant any pet without accommodation symplastic or dome that is outside the limits of accommodation home its owner or keeper and not under the direct control or supervision of any owner or keeper.
6. By competent authority is the authority designated by the State.
Article 2 - Scope and implementation
1. Each Party undertakes to take the necessary steps to give effect to the provisions of this Convention concerning:
a) pets kept by a person or entity is in qualsia household or institution for trade, ' breeding and give the housing of these animals for commercial purposes, as well as any animal shelter;
b) if appropriate, stray animals.
2. Nothing in this Convention shall affect the implementa tion of other instruments for the protection of animals or the preservation of wild species in danger.
3. Nothing in this Convention shall affect makes difficulties of the Parties to adopt stricter rules to ensure the protection of pet animals or application of the following provisions to certain categories of animals that are not specifically mentioned in this instrument.
Chapter II - Principles for the maintenance of companion animals
Article 3 - Basic principles for animal welfare
1. No one will cause unnecessary pain, suffering or distress to an animal with companionship.
2. Nobody shall abandon a pet.
Article 4 - Maintenance
1. Any person who keeps a pet animal or who has agreed to employ parsene will be responsible for its health and welfare.
2. Any person who keeps a pet or will deal, should the provisional DERE its installation and provide care and attention, taking into account the bi ethological dreams after his kind, and his race and in particular:
a) purchase in enough food and water for its convenience;
b) provide it with adequate opportunities mining;
c) take all reasonable steps to prevent its escape.
3. An animal must not be kept as a pet if:
a) the conditions referred to in paragraph 2 above are not met, well
op b), although these conditions are met, the animal can not adapt to captivity.
Article 5 - Playing
Any person who selects a pet animal for breeding shall be obliged to take into account the anatomical, physiological and behavioral characteristics which are likely to endanger the health and welfare of the supplies or proge of the female.
Article 6 - Age limit for purchasing
No pet animal shall be sold to anyone under 16 years with a sense without the express consent of parents or other persons engaged in the parenting responsibilities.
Article 7 - Training
No pet should be trained with methods that can dam age the personal health and well-being, in particular, forcing the animal to beyond its capacity or natural power, or by using artificial means to cause Healthy injury or pain, suffering and unnecessary anxiety.
Article 8 - trade, farming and commercial housing, animal shelters
1. Any person who, the entry into force of the Convention, pra Tichi trade or farmer or custody of pet animals for commercial purposes, or operating an animal shelter must declare to the competent authority within a reasonable time to be determined by each party.
Any person who intends to engage in any of these activities must be declared to the competent authority.
2. This statement must indicate:
a) the species of pet animals are involved or to be involved;
b) the person responsible and his knowledge;
c) a description of the premises and equipment that are or will be used .
3. The above activities can be carried out only:
a) the responsible person is in possession of knowledge and skills necessary for this activity, Rie, having both a vocational training or sufficient experience in relation to gnia pet animals;
b) the premises and equipment used for the activity meet the requirements of Article 4.
4. The competent authority shall determine, according to the statement made in accor dance with the provisions of paragraph 1, if the conditions referred to in paragraph 3 are met or not. If not adequately met, it shall recommend measures and prohibit the commencement or continuation of operations if this is necessary for the protection of animals.
5. The Competent Authority shall, in accordance with national law, check if the above conditions are met or not.
Article 9 - Advertising, entertainment, exhibitions, competitions and similar events
1. The pet may not be used for advertising, spectral Tacoli, exhibitions, competitions or similar event unless:
a) the organizer has failed to create the conditions necessary to achieve of these animals is in accordance with the requirements of Article 4 paragraph 2 and that
b) their health and well-being are not jeopardized.
2. No substance to be administered to a pet, no treatment should apply to him, nor any procedure used to increase or decrease the natural level of his performance:
a) in competition;
b) at any other time, if this is likely to endanger the lute known and well-being of the animal.
Article 10 - Surgical
1. Surgical interventions designed to change the appearance of an animal for comparative gnia, or for other non-curative purposes shall be prohibited and, in particular:
a) tail docking;
b) cutting of the ears;
c) excision of the vocal cords;
d) the export and fingernail teeth.
2. Will be authorized only exceptions to this rule:
a) if a veterinarian considers non-curative procedures necessary either for ra regions of Veterinary Medicine, is in the interest of an indi evil
b) to prevent reproduction.
3. a) Operations in which the animal will or is likely to pro Vare severe pain should be performed only under anesthesia and a ve veterinary medicinal or under his control;
b) interventions that do not require anesthesia, can be practiced by a competent person in accordance with national legislation.
Article 11 - Killing
1. Only a veterinarian or other person responsible must the killing of a pet animal, except in cases of urgency to end the suffering of an animal and if we can not achieve rapid axis assistance of a veterinarian or other person jurisdiction, or in any other case of emergency set by national legislation. All killing must be done with the minimum of suffering physical and moral differences in the circumstances. The method chosen, except in cases of emergency, shall:
a) both induce immediate loss of consciousness and then death;
b) both begin with the administration of deep general anesthesia if lowed by a process that causes death in a certainty.
The person responsible for the killing shall make sure the animal is dead before the carcass is disposed.
2. Shall be prohibited and the following methods of killing:
a) drowning and other methods of suffocation if they do not produce the effects referred to in paragraph 1, subparagraph b;
b) the use of any poisonous substance or drug not you can control the dosage and application thereof to obtain the effects referred to in paragraph 1;
c) electrocution unless preceded by immediate loss of consciousness.
Chapter III - Supplementary measures for stray animals
Article 12 - Reduction of the number of stray animals
When a Party considers that the number of stray animals is a problem for the Party, it shall take the necessary legislative and / or administrative provisions necessary to reduce their numbers in a way as not to cause pain, suffering or distress that could be avoided.
a) Such measures shall include that:
i) whether these animals to be captured, as is done with the minimum of physical and moral context of the nature of the animal;
ii) in the case that captured animals are kept or killed, this is done in accordance with the principles of this Convention.
b) The Parties undertake to consider:
i) the permanent identification of dogs and cats with adequate means to cause up only pain, suffering or distress minor or temporary, as the tattoo combined with registration number and the names and addresses of owners;
ii) reducing the unplanned breeding of dogs and cats by pro move their sterilization
iii) encourage the finder a stray dog \u200b\u200bor cat to report it to the Competent Authority.
Article 13 - Exceptions for capture, retention and killing
Exceptions to the principles set out in this Convention for the capture, holding and killing of stray animals will be accepted only if unavoidable under the government programs of disease control.
Chapter IV - Information and education
Article 14 - Information and education programs
The Parties undertake to promote the development of information and education programs to encourage interaction between organizations and the individuals interested in maintaining, breeding, training, marketing and boarding of pets, awareness and knowledge of the principles and provisions of this Convention. In such programs, should especially be called attention to the following points:
a) the training of pet animals for commercial purposes or to compete tion, to be made by persons with adequate knowledge and skills which,
b) the need to discourage:
i) the gift of pets to children under 16 years without the express consent of their parents or other persons exercising parental responsi bility;
ii) the giving of pets as prizes, awards or bonuses;
iii) the unplanned breeding of pet animals;
c) the possible adverse health and welfare of wild animals, the their acquired or introduced as pets;
d) the risks of irresponsible acquisition of pet animals that leads to an increase in the number of unwanted and abandoned animals.
Chapter V - Multilateral consultations
Article 15 - Multilateral consultations
1. The Parties shall, within five years after entry into force of the Convention and thereafter every five years, and in any case, whenever a majority of the representatives of the Parties so request, hold multilateral consultations within the Council of Europe to examine the implementation of the Convention and the advisability of revising it or extending some of its provisions. These consultations will take place at meetings convened by the Secretary General if the Council of Europe.
2. Each Party shall be entitled to appoint a representative to participate in these consultations tions. Each State member of the Council of Europe which is not a Party to the Convention are entitled to be represented by an observer in these consultations.
3. After each consultation, the Parties shall the Committee of Ministers of the Council of Europe a report on the consultation and working with the Convention, including, if deemed necessary, proposals to bring ame heating in Articles 15 to 23 of the Convention.
4. Subject to the provisions of this Convention, the Parties shall establish rules of procedure for consultations.
Chapter VI - Amendments
Article 16 - Amendments
1. Any amendment to Articles 1 to 14, brought by a Party or the Committee of Ministers shall be communicated to the Secretary General of the Council of Europe and forwarded by the Member States of the Council of Europe, to any Party, and to any State invited to accede to the Convention in accordance with the provisions of Article 19.
2. Any amendment proposed in accordance with the provisions of paragraph pre transferor is considered, at least two months after the date of its notification by the Secretary-General, at a multilateral consultation in which the amendment can be approved by a majority of two thirds of the Parties. The text adopted shall be communicated to the Parties.
3. An amendment shall enter into force at the expiry of a period of twelve months after its adoption at a multilateral consultation, unless one of the Parties have notified objections.
Chapter VII - Final provisions
Article 17 - Signature, ratification, acceptance, approval
The present Convention shall be open for signature by member States of the Council of Europe. It is 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.
Article 18 - Entry into force
1. The present Convention shall enter into force on 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 with in accordance with with Article 17.
2. The Convention will enter into force for any Member State which subsequently expresses its consent tively to be bound by the Convention on the first day of the month following the expiration of a period of six months after the date of deposit of instrument of ratification, acceptance or approval.
Article 19 - Accession by non-members
1. 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 majority decision if condo Article 20 d) Statute of the Council Europe and unanimously by the representatives of the Contracting States entitled to sit on the Committee of Mini Ministers.
2. The Convention will enter into force for each Member State, the first day of the month following the expiration of a period of six months after the date of deposit of its instrument of accession with the Secretary General of the Council of Europe.
Article 20 - Territorial clause
1. Any State may, when signing or depositing its instrument of ratification Pussy, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.
2. Any Party may at any later, 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 in respect of such territory on 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 such declaration by notification addressed to the Secretary General. The withdrawal shall become effective 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.
Article 21 - Reservations
1. Any State may, when signing or depositing its instrument of ratification Pussy, acceptance, approval or accession, declare that use of one or more reservations in respect of Article 6 and paragraph to paragraph 1 of ' Article 10. No reservations may be made.
2. Any Party having made a reservation under the preceding paragraph may wholly or partly withdraw it by notifying the Secretary General with the Council of Europe. The withdrawal shall take effect from the date of receipt of the notification by the Secretary General.
3. A Party which has made a reservation in respect of a provision of this Convention may not require pre-application of that provision to another party, but it may, if its reservation is partial or conditional, request the appli cation of this provision to the extent that it has itself accepted it.
Article 22 - Denunciation
1. Any Party may at any time, denounce this Convention by giving notice to the Secretary General of the Council of Europe.
2. Denunciation shall take effect 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.
Article 23 - Notifications
The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention or is to be asked 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 in accordance with Articles 18, 19, 20 of the Convention;
d) any other act, notification or communication relating to this Convention.
In witness whereof the undersigned, being duly authorized, have signed the pre present Convention.
Done at Strasbourg on 13 November 1987 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 Council. The Secretary General of the Council of Europe shall transmit certified copies to all Member States of the Council of Europe and any State invited to accede to this Convention.
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