Updated December 2014

Government Structures
Committees/Councils
Consultation
Openness and Transparency
Procedures

Committees/Councils

Government advisory committees can play a significant role in providing feedback and expert advice to government in animal protection matters. The role and scope can vary greatly from being a committee dealing with all aspects of animal protection (every subject area and both ethical and practical/enforcement issues - as in the Czech Republic) to a committee with more specific scope (such as an ethical committee concerned with biotechnology). The best arrangement will depend on the country's legislative and enforcement structure. However, if a country does decide to have just one advisory committee covering all areas of animal protection, then it is important that it is broken down into small sub-groups, each containing a wide range of expertise in the relevant subject area. Advisory committees should not merely consist of representatives from the 'Animal Use' industries. A proper balance between animal protection, animal use and neutral government and scientific representation is important.In some countries (and the EU) there can be too many committees involved with animal protection issues - leading to confusion, dissolution of effort and, in some cases, committees with insufficient expertise considering matters of animal ethics/welfare. Also, some general ethical committees may take a more 'humanist' approach and give low priority to animal protection matters. In general, a broad-ranging and powerful animal protection committee is preferable. The remit of such a committee could include:

• New issues of concern in/to the animal protection field
• Beneficial developments in/to the animal protection field
• New and relevant animal welfare science/research
• Problems with existing laws and enforcement
• New legislation or amendments needed
• Further research needed
• Further educational initiatives needed
• Relevant issues of 'openness of government'

Considerations of major interest to animal protection organizations include:

• Independence and influence (including ability to publish open reports - including minority reports)
• Representation (need for adequate animal protection representatives - of various opinions i.e. animal rights & animal welfare - and other relevant experts, such as veterinarians, animal behaviorists, ethicists, biologists, zoologists etc.). Appointments usually on personal basis.
• Access to all government information and statistics.

Within the European Union (EU), there have been moves to coordinate and exchange information between the various national animal protection committees.

Consultation

Animal protection organizations should press for full and open consultation on all matters affecting - or likely to affect - animal protection. In particular:

• Full consultation of animal protection groups on same basis as industry
• Representation at all consultation meetings
• Written consultation - with results published (transparency)

Openness and Transparency

Animal protection organizations should also press for full openness and 'transparency' in government processes. In particular:

• Access to all documents/reports
• Access to meetings and minutes
• Access to civil servants/legislators

Procedures

Animal protection organizations should ensure that their government has satisfactory procedures in place to deal in a practical and foolproof manner with any animal protection matters. Do they, for example, have a system, for identifying any animal welfare implications arising from proposed new legislation or administrative actions? This is particularly important if your country has a constitutional obligation to protect animals. Without adequate procedures, the government may itself be in breach of the constitution!

In the environmental field, environmental impact is routinely assessed using procedural devices such as 'environmental impact assessments', designed to ensure that environmental implications are routinely considered by government legislators and administrators. Animal protection organizations could call for similar treatment - requiring an 'animal welfare impact assessment' - to ensure full consideration of the impact of proposed measures on animal welfare.

Updated December 2014

The Treaty (EU Constitution)
EU Animal Welfare Provisions
Status of EU Legislation
Eurogroup for Animals
The European Coalition to End Animal Experiments

The Treaty (EU Constitution)

The European Union (EU) was established by the Treaty of Rome (EEC Treaty or TEC) signed in 1951, with the objective of safeguarding peace and promoting economic and social progress in Europe. The EU is essentially an area of economic activity and trade without internal frontiers. The Treaty identified animals as 'goods' or 'agricultural products'. There were no powers in the Treaty of Rome to introduce EU legislation for the specific purpose of protecting animals. Thus, any measures to protect animals were supposed to be secondary to the primary purpose of the legislation (such as harmonization of Member States laws).

There was some improvement in this situation in 1992, when the Treaty of the European Union was signed in Maastricht (The Maastricht Treaty). A declaration was agreed, which was annexed to the Treaty rather than integrated into its provisions. This required the European Institutions to take account of animal welfare when considering legislation in the areas of research, transport, agriculture and the internal market.

The European Union heads of state of government meeting in Amsterdam June 16 1997 agreed to include a special legally binding protocol on animal welfare in the new European Union Treaty (The Amsterdam Treaty). The text of this protocol is repeated below:

Protocol to the EUROPEAN UNION TREATY (THE AMSTERDAM TREATY)

"THE HIGH CONTRACTING PARTIES

DESIRING to ensure improved protection and respect for the welfare of animals as sentient beings

HAVE AGREED upon the following provision which shall be annexed to the Treaty establishing the European Community:

In formulating and implementing the Community's agriculture, transport, internal market and research policies, the Community and the Member States shall pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage."

This protocol was introduced following strong pressure from the animal protection community. It introduced a clear legal obligation for the Community institutions (Commission, Parliament and Council) to pay full regard to the welfare requirements of animals. It did not, however, extend the competence of the Community to include animal welfare per se within its remit. Furthermore, there is a growing movement in favor of the principle of 'subsidiarity' in the EU, which considers that EU legislation should only cover areas which impinge upon EU trade/economy, and that other matters - such as animal welfare - should be dealt with at national level.

EU Animal Welfare Provisions

There is more about the EU’s work on animal welfare, including its animal welfare strategy and areas of interest on its website.

Further details on animal protection law at EU level can also be obtained from Eurogroup for Animals.

Status of EU Legislation

All the EU's welfare legislation is legally binding upon Member States, and the country can be taken to the European Court of Justice for any cases of non-compliance. The EU's animal welfare legislation takes the form of Regulations, Decisions or Directives, although the latter is more usual in the field of animal welfare. The difference is as follows:

Regulations
Have general application and direct force of law in all member states. If there is conflict with a national law, the regulation prevails. There is no need to transpose regulations into national legislation for them to take effect.

Directives
Binding on member states as to the results to be achieved, but leaves the method of implementation to national governments. They should be transposed into national law.

Decisions
Binding on those to whom they are addressed (can be member states, companies or individuals).

Eurogroup for Animals

The Eurogroup for Animals forms the Secretariat of the Intergroup on the Welfare and Conservation of Animals (the European Parliament group established to consider these matters). Eurogroup carries out political lobbying at EU level on all animal welfare matters. Its objective is to work towards "the introduction, implementation and enforcement of animal welfare legislation in the European Union." It has member societies in most of the EU member countries.

Eurogroup is a useful source of information on EU animal welfare legislation. See Useful Resources and Contacts

The European Coalition to End Animal Experiments

The European Coalition to End Animal Experiments was established in 1990, originally as the European Coalition to End Cosmetic Testing on Animals and later expanding its remit to include all areas of animal experimentation. The European Coalition comprises active animal welfare/rights groups throughout Europe sharing a common interest in working together to end animal experimentation. The European Coalition's early flagship campaigns were cosmetic testing and the use of primates for research, but it now covers all areas of animal experimentation in its lobbying activities.

• Print
• Email

Updated December 2014

Importance of Enforcement
Responsibility for Enforcement
Practical Arrangements
Education
Animal Protection Organizations - Opportunities
Recommended Reading

Importance of Enforcement

"Enforcement is of fundamental importance, because any measures to improve animal welfare can only be effective if they are properly implemented and enforced." 

Mike Radford (UK Lawyer) categorized seven important functions of enforcement:

• Enforcement informs people about the legislation's existence
• Enforcement educates them as to their legal responsibilities towards animals
• Enforcement is instrumental in raising and maintaining standards
• Enforcement can prevent animal abuse
• When it fails in this, enforcement enables animals to be removed from the cause of that abuse
• Enforcement upholds the rule of law by demonstrating that the state, through the courts, will punish those who flout it
• Enforcement identifies problems and weaknesses in the legislation, and can therefore form the basis on which to campaign for further reform

Responsibility for Enforcement

Legislation must make it clear who is responsible for its enforcement. This may include:

• The police
• Other national/government bodies
• Federal authorities
• Regional/state authorities
• Local authorities
• Animal wardens (animal welfare officers in more advanced countries dog catchers in worst case scenario)
• Animal protection organizations
• Veterinarians
• Individuals

The choice of enforcement authority and enforcement channels is a difficult, but vital one. This is one area that animal protection groups can influence to their advantage. Considerations include:

• Specialist knowledge - background, training, expertise.
• Conflict in duties - animal protection should be sole duty, or complement existing work - not conflict (e.g. pest control officer doing stray control)
• Level of coverage - wide level of coverage needed
• Accountability - accountability and transparency needed, with full information on enforcement coverage and outcomes
• Control and coordination - needed where more than one body involved in enforcement

Practical Arrangements

When animal protection legislation is drafted and introduced, the enforcement mechanism should be planned to give maximum effect to the written law.
The logistics of enforcement need careful planning. For example:

Responsibility

See above.

Systems

• Oversight/Co-ordination
• Licensing of premises/procedures/animals/owners
• Statutory control of those whose work brings them into contact with animals, (including standards, discipline, training, and competence)
• Education
• Public relations
• Inspection - Routine/cross-check, prioritizing risk points (e.g. markets etc.)
• Powers of entry
• Record keeping requirements/access
• Taking evidence/statements
• Court procedures
• Sanctions/Penalties (fines, imprisonment, confiscation, ban on keeping animals etc.
• Statistics
• Administrative procedures

Accommodation/Physical Facilities

• Accommodation for staff
• Facilities for holding and re-homing animals (consider different species involved. Own facilities or sub-contracting?)
• Vehicles
• Uniforms
• Catching and handling equipment
• Access to veterinary support facilities
• Access to expertise and facilities for all (likely) species (remember confiscations)

Staffing

• Recruitment (qualities needed?)
• Training and development
• Supervision/Management
• Extent of coverage
• Standards

Enforcement should be uniform across the territory, both as regards levels of coverage and application. Guidance notes should be provided for enforcement officers to cover any areas of doubt.

Education

Enforcement is said to be 90% education and advice. It is wrong to measure successful enforcement of animal protection legislation solely in terms of prosecutions. Effective education is more often successful in the longer-term, and the preventative approach is always preferable to action after animals have suffered. An effective enforcement officer never misses an opportunity to educate, and recognizes the provision of expert guidance and advice as a focal part of the role. However, education about animal protection issues and legislation is something that should be shared amongst all interest groups, including:

• Enforcement bodies
• State Veterinary Service/government
• Veterinary profession
• Veterinary institutes
• Agricultural colleges/universities
• Animal protection societies
• Research organizations
• Equipment manufacturers
• Feed suppliers
• Private sector advisory and training agencies

The education process can include many different approaches, for example:

• General Media -- television, radio, newspaper and magazines
• Educational seminars on animal welfare for animal industries and personnel
• Practical training and demonstrations
• Lectures and lessons for schools (or clubs) and further education facilities
• Videos, leaflets and brochures
• Exhibitions in trade fairs
• Direct awareness campaigns, such as travelling information stands (or trailers/buses), static stalls in town centers etc.
• Articles in specialist magazines, including trade journals and animal protection magazines

Animal Protection Organizations - Opportunities

Animal protection law enforcement provides a number of opportunities for animal protection societies, including:

• Campaigning and lobbying for practical improvements
• Supplementing official enforcement and investigations
• Taking part in official enforcement mechanism (e.g. through contract/tender)
• Involvement in government committees on animal protection
• Taking part in educational aspects

Recommended Reading

Recommended for further reading:

• The enforcement chapter in Mike Radford's book, Animal Welfare Law in Britain (2001)

• Print
• Email

 

Updated December 2014

The Council of Europe was founded in 1949. It is considered to be the bastion of human rights in Europe. Its aims are:

• To work for greater European unity
• To uphold the principle of parliamentary democracy and human rights
• To improve living conditions and promote human values

The Council of Europe became concerned about animal welfare because it realized that the dignity of mankind could not be disassociated from the respect man owed to his environment and the animals which inhabited it.

The Council of Europe believes that a society is hallmarked by the way in which it treats its less fortunate creatures. There is therefore a moral responsibility to make proper provision for their care and welfare.

The Council of Europe's website gives the full texts of each of the five animal welfare conventions (covering pets, animal experimentation, farm animals, animal transport and slaughter) and up-to-date tables showing member countries that have signed and/or ratified these.

The five Council of Europe conventions on animal welfare are as follows:

• European Convention for the Protection of Animals Kept for Farming Purposes
  No. 87 of 10 March 1976.
• The Protocol of Amendment to the European Convention for the Protection of Animals Kept for Farming Purposes
  No. 145 of 6 February 1992.
• European Convention for the Protection of Animals During International Transport
  No. 65 of 13 December 1968.
• European Convention for the Protection of Animals for Slaughter
  No. 102 of 10 May 1979.
• European Convention on the Protection of Pet Animals
  No. 125 of 13 November 1987.
• European Convention for the Protection of Vertebrate Animals Used for Experimentation and other Scientific Purposes
  No. 123 of 18 March 1986.
• Protocol of Amendment to the European Convention for the Protection of Vertebrate Animals used for Experimental and other Scientific Purposes
  Strasbourg, 22 June 1998.

There are also two relating to the environment:

• Convention on the Conservation of European Wildlife and Natural Habitats
  No. 104 of 19 September 1974 (The Bern Convention).
• Convention on Civil Liability for Damage resulting from Activities Dangerous to the Environment (ETS No. 50).

Once these conventions have been signed and ratified, they should be transposed into national law, and be enforced in practice.

The Council of Europe obligation is a moral one, rather than a legal one. However, it should be noted that the European Union has also passed Decisions on the conclusion of European Conventions no. 87 (farm animals), 65 (transport), 102 (slaughter) and 123 (experimentation). These decisions are legally binding upon EU member countries.

There are also detailed recommendations under some of the conventions, and the texts of these may be helpful as a guide to those drafting legislative provisions.