European Convention for the Protection of Pet Animals 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 Convention
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 view of the special constraints between humans and animals with companionship;
considering the importance of companion animals due to the contribution they provide the quality of life and their consequent value to society;
considered the difficulties caused by rando wide variety of animals kept by man;
mindful of the risks inherent in pet animal overpopulation hygiene, sa lute and the safety of humans and other animals;
Whereas the maintenance of specimens of wild animals as pets should not be encouraged;
aware of the different conditions which govern the purchase, maintenance, 'to lug a commercial or noncommercial, transfer and sale of pet animals;
aware that pets are not always kept under conditions that promote their health and well-being;
Noting that attitudes towards pet animals vary widely, sometimes because of limited knowledge and awareness, whereas
that 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, that the transfer behavior Tano 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 of its owner or keeper and not under the control or direct 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) where 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 com for 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 for exercise;
c) take all reasonable measures to prevent to flee.
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 animal pet must 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, upon entry into force of the Convention, pra Tichi il commercio o l’allevamento o la custodia di animali da compagnia a fini commerciali, o gestisca un rifugio per animali deve dichiararlo all’Autorità compe tente entro un termine adeguato che sarà stabilito da ciascuna Parte.
Qualsiasi persona la quale intenda praticare una delle predette attività deve farne dichiarazione all’Autorità competente.
2. Questa dichiarazione deve indicare:
a) le specie di animali da compagnia in oggetto o che saranno in oggetto;
b) la persona responsabile e le sue nozioni in materia;
c) una descrizione dei locali ed attrezzature che sono o saranno utilizzati.
3. Le attività di cui sopra possono essere esercitate solamente if:
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 pet animals gnia;
b) 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 for treatment of these animals is consistent with requirements of Article 4 paragraph 2 and
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) exports of nails and 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 there is a veterinary medicinal or under his control;
b) action that is 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 lead to a loss di coscienza immediata e successivamente la morte;
b) sia iniziare con la somministrazione di un’anestesia generale profonda se guita da un procedimento che arrechi la morte in maniera certa.
La persona responsabile dell’uccisione deve accertarsi della morte dell’animale prima di eliminarne la spoglia.
2. Debbono essere vietati i seguenti metodi sacrificali:
a) l’annegamento ed altri sistemi di asfissia, se non producono gli effetti di cui al paragrafo 1, comma b;
b) l’utilizzazione di qualsiasi veleno o droga di cui non sia possibile control lare il dosaggio e l’applicazione in modo da ottenere gli effetti di cui al paragrafo 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 are to be captured, this is done with the minimum of physical and moral sufferings, taking into account 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 of a stray dog \u200b\u200bor cat to report it Competent Authority.
Articolo 13 – Eccezioni per quanto concerne la cattura, il mantenimento e l’uccisione
Le eccezioni ai principi stabiliti nella presente Convenzione relative alla cattura, al mantenimento ed all’uccisione degli animali randagi saranno accolte solo se sono inevitabili nell’ambito dei programmi governativi di controllo delle malattie.
Capitolo IV – Informazione ed istruzione
Articolo 14 – Programmi di informazione e di istruzione
Le Parti si impegnano a promuovere lo sviluppo di programmi d’informazione e di istruzione al fine di incoraggiare tra le organizzazioni e gli individui interessati al mantenimento, all’allevamento, all’addestramento, the trade and keeping 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 gift of animals pet as prizes, awards or bonuses;
iii) the unplanned breeding of pet animals;
c) the possible adverse health and welfare of wild animals, they are purchased or introduced as pets;
d) risks arising from ' purchase irresponsible pet 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 representatives of Parties so request, hold multilateral consultations within the Council of Europe to examine the implementation of the Convention and the advisability of a revision or extension of 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 submit to the Committee of Ministers of the Council of Europe a report on the consultation With the operation of the Convention and 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 any State invited to accede to the Convention in accordance with the provisions 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 This Convention is 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 the provisions 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 of Europe and unanimously by the representatives of States Parties abilitati a partecipare al Comitato dei Mini stri.
2. La Convenzione entrerà in vigore, per ogni Stato membro, il primo giorno del mese successivo alla scadenza di un periodo di sei mesi dopo la data del deposito dello strumento d’adesione presso il Segretario Generale del Consiglio d’Europa.
Articolo 20 – Clausola territoriale
1. Ogni Stato può, all’atto della firma o del deposito del proprio strumento di rati fica, di accettazione, di approvazione o di adesione, indicare il territorio o i territori ai quali si applicherà la presente Convenzione.
2. Ogni Parte può in qualsiasi momento successivo, tramite dichiarazione rivolta al Segretario Generale del Consiglio 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 - Reserves
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 pre sente Convenzione non può richiedere l’applicazione di tale disposizione ad un’altra Parte; tuttavia essa può, se la riserva è parziale o condizionale, domandare l’appli cazione di tale disposizione nella misura in cui essa stessa l’ha accettata.
Articolo 22 – Denuncia
1. Ogni Parte può, in ogni tempo, denunciare la presente Convenzione inviando una notifica al Segretario Generale del Consiglio d’Europa.
2. La denuncia avrà effetto il primo giorno del mese successivo alla scadenza di un periodo di sei mesi dopo la data di ricezione della notifica da parte del Segretario Generale.
Articolo 23 – Notifiche
Il Segretario 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 thereto, have signed this Convention pre.
Done at Strasbourg 13 November 1987 in French and English, i due testi facenti ugualmente fede, in un unico esemplare che sarà depositato negli archivi del Consi glio d’Europa. Il Segretario Generale del Consiglio d’Europa ne trasmetterà copia certificata conforme a ciascuno degli Stati membri del Consiglio d’Europa e ad ogni Stato invitato ad aderire alla presente Convenzione.
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