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Council of Europe Treaty Series |
The member States of the Council of Europe, signatory hereto,
Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage;
Convinced that the requirements of the international transport of animals are not incompatible with the welfare of the animals;
Animated by the desire to safeguard, as far as possible, animals in transport from suffering;
Considering that progress in this respect may be achieved through the adoption of common provisions regarding the international transport of animals,
Have agreed as follows:
Chapter I
Article 1
Article 2
This Convention applies to the international transport of:
a domestic solipeds and domestic animals of the bovine, ovine, caprine and porcine species (Chapter II);
b domestic birds and domestic rabbits (Chapter III);
c domestic dogs and domestic cats (Chapter IV);
d other mammals and birds (Chapter V);
e cold-blooded animals (Chapter VI).
Chapter II Domestic solipeds and domestic animals of the bovine, ovine, caprine and porcine species
A. General provisions
Article 3
Article 4
Animals likely to give birth during carriage or having given birth during the preceding 48 hours shall not be considered fit for transportation.
Article 5
The authorised veterinary officer of the exporting country, country of transit, or importing country may prescribe a period of rest, at a place determined by him, during which the animals shall receive the necessary care.
Article 6
Article 7
Article 8
Suitable equipment for loading and unloading of animals such as bridges, ramps, or gangways shall be used. The flooring of this equipment shall be constructed so as to prevent slipping, and the equipment shall be provided with lateral protection if necessary. Animals shall not be lifted by the head, horns, or legs during loading or unloading.
Article 9
The floor of trucks, vehicles, vessels, aircraft, or containers shall be sufficiently strong to bear the weight of the animals being transported, close-boarded, and so constructed as to prevent slipping. The floor shall be covered with an adequate amount of litter to absorb excrements unless these can be dealt with in a different way presenting at least the same advantages.
Article 10
In order to ensure the necessary care of the animals during transport, consignments of livestock shall be accompanied by an attendant, except In the following cases:
a where livestock is consigned in containers which are secured;
b where the transporter undertakes to assume the functions of the attendant;
c where the sender has appointed an agent to care for the animals at appropriate staging points.
Article 11
Article 12
Animals which become ill or injured during transport shall receive veterinary attention as soon as possible, and if necessary be slaughtered in a way which avoids unnecessary suffering.
Article 13
Animals shall only be loaded into trucks, vehicles, vessels, aircraft, or containers which have been thoroughly cleaned. Dead animals, litter and excrements shall be removed as soon as possible.
Article 14
Animals shall be transported to their destination as soon as possible, and delays, particularly in transhipment and marshalling yards, shall be reduced to a minimum.
Article 15
In order that importation and transit formalities may be completed as quickly as possible, consignments of animals shall be notified as early as possible to control posts. In such formalities priority should be given to consignments of animals.
Article 16
At posts where sanitary control is exercised and animals in significant numbers are regularly transported, facilities shall be provided for resting, feeding and watering.
B. Special provisions for transport by railway
Article 17
Any railway truck in which animals are transported shall be marked with a symbol for the living animal. If no trucks particularly adapted for transport of animals are obtainable, animals shall be carried in covered trucks which are capable of travelling at high speed and are provided with sufficiently large air vents. They shall be constructed so as to prevent animals from escaping and ensure their safety. The interior sides of the trucks shall be of wood or other suitable material completely smooth and fitted with rings or bars at suitable height to which the animals may be attached.
Article 18
Solipeds shall be tied in such a way that they are all facing the same side of the vehicle or tied facing each other. However, young unbroken animals shall not be tied.
Article 19
Large animals shall be loaded in such a way as to allow an attendant to move between them.
Article 20
When, in accordance with the provisions of Article 7, the separation of animals is required, this may be effected either by tying them in separate parts of the truck, if its space permits, or by means of suitable partitions.
Article 21
When assembling trains and during all other movement of trucks all precautions shall be taken to avoid violent jolting of trucks containing animals.
C. Special provisions for transport by road
Article 22
Vehicles shall be escape-proof and so constructed as to ensure the safety of the animals and shall also be equipped with a roof which ensures effective protection against the weather.
Article 23
Tying facilities shall be provided in vehicles carrying large animals which normally require to be tied. When vehicles are required to be sub-divided, the partitions shall be of rigid construction.
Article 24
Vehicles shall carry a ramp complying with the requirements of Article 8.
D. Special provisions for transport by water
Article 25
The fittings of vessels shall be such that animals can be transported without injury and unnecessary suffering.
Article 26
Animals shall not be transported on open decks unless in adequately secured containers or substantial structures, approved by the competent authority and giving adequate protection against sea and weather.
Article 27
Animals shall be tied or properly accommodated in pens or containers.
Article 28
There shall be adequate passageways having access to all pens or containers accommodating animals. Lighting facilities shall be available.
Article 29
A sufficient number of attendants shall be provided taking into account the number of animals transported and the duration of the voyage.
Article 30
All parts of the vessel where animals are accommodated shall be provided with drainage and shall be kept in a sanitary condition.
Article 31
A type of instrument approved by the competent authority shall be carried for killing animals if necessary.
Article 32
Vessels used for the transport of animals shall, before sailing, be provisioned with such supplies of drinking water and appropriate foodstuffs as shall be considered sufficient by the competent authority of the sending country, having regard to species and number of animals being transported as well as to the duration of the voyage.
Article 33
Provisions shall be made for isolating ill or injured animals during the voyage and first-aid treatment rendered when necessary.
Article 34
The provisions of Articles 25 to 33 shall not apply to the transport of animals loaded in railway trucks or road vehicles on board ferry boats or similar vessels.
E. Special provisions for transport by air
Article 35
Animals shall be transported in containers or stalls appropriate for the species. Some modifications of these requirements may be permitted if appropriate arrangements are made for restraining the animals.
Article 36
Precautions shall be taken to avoid extremely high or low temperatures on board, having regard to the species of animals. In addition, severe fluctuations of air pressure shall be avoided.
Article 37
In freight aircraft a type of instrument approved by the competent authority shall be carried for killing animals if necessary.
Chapter III Domestic birds and domestic rabbits
Article 38
The following provisions of Chapter II shall apply mutatis mutandis to the transport of domestic birds and domestic rabbits: Article 6, paragraphs 1 to 3, Articles 7, 13 to 17 inclusive, 21, 22, 25 to 30 inclusive, 32, 34 to 36 inclusive.
Article 39
a a journey lasting less than 12 hours;
b a journey lasting less than 24 hours for chicks of all species, provided that it is completed within 72 hours after hatching.
Chapter IV Domestic dogs and domestic cats
Article 40
Article 41
Animals in transport shall be fed at intervals of not more than 24 hours and given water at intervals of not more than 12 hours. There shall be clear written instructions about feeding and watering. Bitches in oestrus shall be separated from male dogs.
Chapter V Other mammals and birds
Article 42
Article 43
Animals shall only be transported in suitably constructed vehicles or containers, on which shall, if necessary, be directions that there are wild animals in them which are nervously timid or dangerous. Moreover, there shall be clear written instructions about feeding and watering and any special care required.
Article 44
Antlered animals shall not be transported while in velvet unless special precautions are taken.
Article 45
Animals covered by this chapter shall be cared for in accordance with the instructions referred to in Article 43.
Chapter VI Cold-blooded animals
Article 46
Cold-blooded animals shall be transported in such containers, under such conditions, in particular with regard to space, ventilation and temperature, and with such supply of water and oxygen as are considered appropriate for the species. They shall be transported to their destination as soon as possible.
Chapter VII Settlement of disputes
Article 47 1
In the event of a dispute between two Contracting Parties one of which is a member State of the European Economic Community, the latter itself being a Contracting Party, the other Contracting 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 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.
Chapter VIII Final provisions
Article 48 1
Article 49
Article 50
Article 51
Article 52 1
The Secretary General of the Council of Europe shall notify the member States of the Council and any Contracting Party which is not a member of the Council of:
a any signature;
b any deposit of an instrument of ratification, acceptance or accession;
c any date of entry into force of this Convention in accordance with Article 48 thereof;
d any declaration received in pursuance of paragraphs 2 and 3 of Article 50;
e any notification received in pursuance of the provisions of Article 51 and the date on which denunciation takes effect;
f any communication received in pursuance of Article 47, paragraph 1.
In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
Done at Paris, this 13th day of December 1968, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.
(1) Text amended according to the provisions of the Additionnal Protocol (ETS No. 103) which entered into force on 7 November 1989.
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