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,
Aware that every person has a moral obligation to respect all animals and to have due consideration for their capacity for suffering,
Motivated by the desire to safeguard the welfare of animals during transport,
Convinced that international transport is compatible with the welfare of the animals, provided that the requirements of animal welfare are met,
Considering, therefore, that where the welfare requirements of the animals cannot be met an alternative to the transport of live animals shall be implemented,
Considering, however, that in general, for reasons of animal welfare the period during which animals, including animals for slaughter, are transported should be reduced as far as possible,
Considering that loading and unloading are activities during which injuries and stress are most likely to occur,
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:
GENERAL PRINCIPLES
Definitions
Species
(a) where a single animal is accompanied by the person who is responsible for it during transport;
(b) to the transport of pet animals accompanying their owner if not for commercial purposes.
Application of the Convention
Main principles of the Convention
Authorisation of transporters
(a) registered in a manner enabling the competent authority to identify them rapidly in the event of failure to comply with the requirements of this Convention;
(b) covered by an authorisation valid for international transport granted by the competent authority of the Party in which the transporters are established.
DESIGN AND CONSTRUCTION
Design and construction
(a) sufficient clear space above the animals in their natural standing position for effective air circulation;
(b) air quality and quantity appropriate to the species transported can be maintained, in particular where animals are carried in a fully enclosed space.
In particular, the external roof directly above the animals shall minimise absorption and conduction of solar heat.
PREPARATION FOR TRANSPORT
Planning
(a) identification of the transporter and means of transport;
(b) identification of the consignment and accompanying documents (animal species, number of animals, veterinary certificates);
(c) the place and country of departure, places of transfer, places where animals are to be unloaded and rested and the place and country of destination.
Attendants
(a) where the person responsible for the transport of animals has appointed an agent to care for the animals at appropriate rest, water and feed points;
(b) where animals are transported in containers which are securely fastened, adequately ventilated and, where necessary, containing enough water and feed, in dispensers which cannot be tipped over, for a journey of twice the anticipated time.
Fitness for transport
(a) slightly injured or ill animals whose transport would not cause additional suffering;
(b) animals transported for experimental or other scientific purposes approved by the relevant competent authority, if the illness or injury is part of the research programme;
(c) the transport of animals under veterinary supervision for or following emergency treatment.
– pregnant female mammals shall not be transported during a period at least equal to 10 % of the length of gestation before giving birth, nor during at least one week after giving birth,
– very young mammals shall not be transported before the navel is completely healed.
If all necessary precautions have been taken, under veterinary advice and on a case-by-case basis, exception can be made by the competent authority for registered mares with a foal at foot going to the stallion after foaling.
Inspection/Certificate
Rest, water and feed prior to loading
LOADING AND UNLOADING
Principles
Equipment and procedures
Handling
Separation
(a) animals of different species;
(b) animals hostile to each other;
(c) animals of significantly different sizes or ages;
(d) uncastrated adult males;
(e) tied and untied animals.
TRANSPORT PRACTICES
Floors and bedding
The floor surfaces of means of transport or containers shall be maintained so as to minimise the risk of slipping and leakage of urine and faeces. An appropriate bedding which absorbs urine and faeces and which provides an adequate resting material shall cover the floor of the means of transport or containers, unless an alternative method is used that provides at least the same advantages to the animals.
Space allowances (floor area and height)
A technical protocol, drawn up in accordance with Article 34 of this Convention, shall determine the minimum space allowances for animals.
Tying of animals
When animals are tied, the ropes, the tethers or other means used shall be strong enough not to break during normal transport conditions, and long enough to allow the animals, if necessary, to lie down and to eat and drink. They shall be designed in such a way as to eliminate any danger of strangulation or injury. Animals shall not be tied by the horns, antlers, legs, nose-rings nor be transported having their legs tied together. Animals shall be tied only with devices allowing them to be quickly released.
Ventilation and temperature
Water, feed and rest
Females in lactation
Lactating females not accompanied by their offspring shall not be transported for long periods. However, where this is unavoidable, they shall be milked shortly before loading and at intervals of not more than 12 hours during the course of a journey.
Lighting
The means of transport shall be equipped 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.
Containers
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.
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
Special provisions for transport by rail
Special provisions for transport by road
Special provisions for transport by water (except roll-on/roll-off vessels)
(a) purpose-built or converted livestock vessels;
(b) arrangements on other vessels where the animals are to be transported.
An adequate secondary source of power, clearly separated from the primary source, shall be provided to ensure that appropriate forced ventilation is maintained.
Special provisions for transport in road vehicles or rail wagons on roll-on/roll-off vessels
Special provisions for transport by air
MULTILATERAL CONSULTATIONS
Multilateral consultations
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
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.
Adoption and entry into force
Amendments
SETTLEMENT OF DISPUTES
Settlement of disputes
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.
FINAL CLAUSES
Signature, ratification, acceptance, approval
Accession of non-Member States
Territorial clause
Denunciation
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), Eurogroup for Animal Welfare and the Federation of Veterinarians of Europe (FVE), participated in the revision of the Convention.
5. The revised Convention builds on the lessons learnt from the last 30 years of experience and scientific results made available during this period. It contains provisions designed to overcome defects and to facilitate the implementation of the principles of the Convention.
The revised Convention was built as a framework convention laying down essential principles applying to all species. It provides for technical protocols which can be amended following a simplified procedure, facilitating thereby their updating in the light of scientific evidence and experience acquired.
The revised Convention provides for the denunciation of the original Convention. The Parties are thus not simultaneously bound by contradictory undertakings.
6. After examination and approval by the Parties to the original Convention on 18 to 20 June 2002, the draft revised Convention was submitted to the Committee of Ministers, which in turn adopted it at its 843rd meeting of the Ministers' Deputies, on 11 June 2003.
7. The revised Convention will be opened for signature by the Member States and the European Community in Chişinau, in November 2003.
General considerations
1. A large proportion of the animals carried in international transport are destined for slaughter in the receiving country. For these animals, the Parties to Convention ETS 65 at a multilateral consultation (hereafter, the Parties) recognised that for animal welfare reasons, the ideal would be to restrict this traffic to carcase meat thus ensuring that the animals were slaughtered in the country of origin.
2. For practical reasons, the Parties have endeavoured to detail the welfare requirements of the principal species only. However, they considered that humane treatment should extend to all species of animals.
3. The Parties have not established detailed rules and procedures for all the species covered by the Convention, because of their widely differing welfare requirements.
4. The Parties have established more detailed rules by type of transport rather than by species because the conditions which could affect the welfare of the animals transported are more dependent on the type of transport used.
5. The Parties have considered only those questions relating directly to the welfare requirements of animals in international transport. They recognised that these provisions are also, in general, relevant for transport within the territory of a contracting Party.
6. The Parties regarded consideration of civil responsibilities for fulfilling the provisions of the Convention as falling outside their mandate.
7. The Parties emphasise that the provisions of the revised Convention shall not interfere with the sanitary and veterinary regulations of the Parties.
BRIEF COMMENTS ON CERTAIN PROVISIONS IN THE REVISED CONVENTION
Title
Because the word "protection« appears in the title, it is not thought to be necessary to emphasise that the animals concerned are live animals.
The term "international transport« is preferred to the word 'transit' which, in several languages, includes only transports passing through one or more intermediate countries and might therefore give rise to difficulties in translation.
Definitions
Paragraph 1
It is understood that the Convention applies to transport between a Member State of the European Community and a non-Member State of the European Community as well as to a transport between two Member States of the European Community, which will transit by a non-Member State of the European Community.
Paragraphs 3 and 4
These definitions in no way prejudge civil or criminal law provisions in force at national level.
Paragraph 6
It is understood that transport can be either for commercial or non-commercial purposes.
Species
It is understood that international transport of circus animals falls under the scope of the revised Convention.
Paragraph 1
This Convention applies to all vertebrate animals. However, some provisions may be inapplicable to certain species because of the biological characteristics of that species. Examples are the provisions on females in lactation in Article 21 of the Convention, which are not applicable to poultry, and the provisions on floors and bedding in Article 16 of the Convention, which are not applicable to fish.
Paragraph 2 (b)
For the purpose of this Convention, "pet animal« means any animal kept or intended to be kept by man, in particular at home, for his enjoyment and as a companion. For the purpose of this Convention, horses are not considered as pet animals. For the purpose of this Convention, by "accompanying« is meant accessible to and under the control of its owner.
This paragraph mainly concerns dogs and cats. However, the Parties wish to draw attention to the transport of animals described as pets when in fact they were being transported for commercial purposes.
Application of the Convention
Paragraph 2
The objective of this provision is to ensure an appropriate system of training, each Party being free to choose the method of its establishment. It was agreed that although intended for the attendant initially, it should concern all persons involved in the transport of animals. It is understood that training is an ongoing process and applies therefore to both new and experienced personnel.
Paragraph 3
While considering that the revised Convention only applies to international transport of animals, the Parties, considering that its provisions aim at protecting the welfare of the animals, recognised their relevance for transport within the territory of a contracting Party.
Main principles of the Convention
Paragraph 3
Control points may be a border, or any other locations where any checks are carried out. This will include for example, spot checks carried out on, animals or vehicle during transport.
Paragraph 5
Strikes and similar circumstances can severely affect the welfare of animals in transport and the Parties therefore felt it necessary to refer in the revised Convention to the need to protect animals as far as possible in such circumstances; but they did not consider it appropriate to indicate how this should be done other than to specify that such action should be in accordance with the principles of the revised Convention.
Authorisation of transporters
Paragraph 1
For the purpose of this Convention, transport for commercial purposes is not limited to transport where an immediate exchange of money, goods or services take place in connection with the actual transport.
For instance, it also includes transport which directly or indirectly involve or aim at a financial gain.
A farmer transporting his own animals to a slaughterhouse in his own vehicle is thus considered transporting animals for commercial purposes. Furthermore, a transport of sport or breeding horses to a competition, show or exhibition which does not necessarily involve prize money but which may increase the value of the horses, is also considered to be a transport for commercial purposes.
Design and construction
Paragraph 2
It is understood that for the purpose of this Convention, "poultry« does not include ratites. For poultry, standing upright is not recommended as they risk falling on top of one another during transport, resulting in other welfare problems.
Planning
Paragraph 7
This task of the person responsible for the transport of animals is particularly important when the animals change from one means of transport to another during the journey. It is also important when the animals are unloaded and later on reloaded during the same journey, for instance at resting points, and whenever the responsibility of their welfare changes from one person to another.
Attendants
Paragraphs 1 and 2
If the driver is also the attendant, he/she must have undergone specific and appropriate training or have had equivalent practical experience.
The word "specific« indicates that the training must be adapted to the species being transported and the means of transport.
The Parties expressed the wish that, in the near future, all those persons referred to in this Article would have had a training period and that, in this way, reference to experience only will no longer be possible.
Paragraph 3
Even in the absence of an attendant, in accordance with Article 7(7), a person shall always be designated who would be responsible for the welfare of the animals at any time during the journey.
Fitness for transport
Paragraph 2 (b)
The term "for experimental or scientific purposes« is to be defined in accordance with the European Convention for the protection of vertebrate animals used for experimental and other scientific purposes (ETS 123).
Paragraph 2 (c)
Emergency treatment means veterinary treatment necessarily carried out in a clinic or a hospital.
Inspection/Certificate
Paragraph 2
It is understood that the sanitary certificate usually delivered by the authorised veterinarian will be sufficient warrant provided that all items for which provision is made in this paragraph are included. It is preferable to use a single document.
Paragraph 3
The first two paragraphs of this Article specify the provisions which should normally apply. The Parties recognised, however, that there would be certain circumstances in which these provisions might be waived in accordance with specific agreements reached between Parties. The intention is that such waiver would only be exercised where the welfare of the animals is not prejudiced. This waiver may be exercised, for example, in the case of horses for sporting purposes.
Equipment and procedures
Paragraph 1
"Loading« does not mean only at the time of departure, but also any loading during transport. "Unloading« does not mean only at the time of arrival at destination, but also any unloading during transport. The term "properly constructed ramp« includes the width which needs to be appropriate to the species loaded or unloaded.
Paragraph 2
When drafting the Convention, Parties considered that foot battens presented the greatest advantages from an animal welfare point of view. However, they wished to leave the way open for the development of other equivalent systems.
Handling
Paragraph 3
This provision does not prohibit the leading of an animal, without excessive force, with a rope or head collar.
Separation
Paragraph 1
The provision concerning hostile species takes into account the need to ensure that such animals should not be able to see, hear, or smell each other.
Space allowances (floor area and height)
Paragraph 1 (See also comment on Article 6 paragraph 2)
It is the intention to set minimum space allowances for certain species in a technical protocol to be adopted in accordance with Article 34 of the Convention.
Tying of animals
As a general principle, the condition of transport should be such that tying of animals is not necessary.
However, it is accepted that tying the animals may be necessary in certain circumstances.
Watering, feeding and rest
The Parties recognised that animals need to be watered and fed according to their species and age. Furthermore, the youngest animals are those which need to be fed and specially watered more frequently. It is the intention to set a limit for maximum intervals for certain species in a technical protocol to be adopted in accordance with Article 34 of the Convention.
Females in lactation
This provision recognises the important practical problem difficulties associated with milking lactating females during transport.
Care during transport
The Parties recognised that even if the transport unit has a seal applied for health or customs purposes, the animals must be inspected, watered and fed.
Emergency/casualty care during transport
"First-aid care« means appropriate care competently administered. The provision providing that animals "be killed in a way which does not cause them any additional suffering«, means that if the person present in charge of the welfare of the animals is not competent to kill an animal of the relevant species, then he or she must find a competent person to do this as soon as possible if it becomes necessary to kill an animal during transport.
Special provisions for the transport by road
Paragraph 4
This check of the animals can be made at each rest or replacement of the driver.
Special provisions for transport by water
Paragraph 1
It is the responsibility of the Parties to ensure that the inspection takes place, regardless of the vessel's country of registration.
Paragraph 14
The Parties considered that the requirements of this Article should apply in all cases, but that they could often be met by providing a single spare pen.
Special provisions for transport by rail or road vehicles on roll-on/roll-off vessels
Paragraph 6
Feed might be carried on board the vessel or in the road or rail vehicle, as agreed between the shipping company and the road or rail transporter.
Paragraphs 6 and 7
The person responsible for the transport must ensure that the arrangements referred to in those paragraphs are made.
Special provisions for transport by air
Paragraph 1
The Parties have recognised that it was not necessary that each aircraft must be permanently equipped with sophisticated measuring equipment for air flow and quality, temperature and pressure, according to the needs of the species concerned.
Paragraph 2
The term "commander« means the person designated to have full responsibility and authority to secure the safety of the aircraft and all persons, goods and live animals.
Settlement of disputes
Paragraph 1
The selection or appointment of competent authorities is entirely a matter for each Party.
Articles 37 to 41
These provisions are in line with the corresponding standard provisions included in other European conventions.
In general, the final provisions in this Convention follow the usual pattern of final clauses adopted by the Committee of Ministers of the Council of Europe for conventions and agreements drawn up within the Organisation.
Podczas ostatniego posiedzenia Sejmu, ku zaskoczeniu zarówno przedsiębiorców, jak i części posłów koalicji rządzącej, Lewica w ostatniej chwili „dorzuciła” do ustawy o warunkach dopuszczalności powierzania pracy cudzoziemcom poprawki zaostrzające kary za naruszanie przepisów prawa pracy - m.in. umożliwiające orzeczenie kary ograniczenia wolności. Jednocześnie zignorowano postulaty organizacji pracodawców, mimo wcześniejszych zapewnień rządu o ich poparciu.
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Już nie 30 tys. zł, a 50 tys. zł ma grozić maksymalnie pracodawcy, który zawrze umowę cywilnoprawną, choć powinien - umowę o pracę. Podobnie temu, który nie wypłaca w terminie wynagrodzenia za pracę lub innego świadczenia przysługującego pracownikowi albo uprawnionemu do tego świadczenia członkowi jego rodziny. A jeśli nie wypłaca przez okres co najmniej 3 miesięcy, to kara ma wynieść nawet 60 tys. złotych - zdecydował Sejm, przyjmując poprawkę Lewicy, zmieniającą Kodeks pracy w... ustawie dotyczącej cudzoziemców.
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W 2025 roku minimalne wynagrodzenie za pracę wzrośnie tylko raz. Obniżeniu ulegnie natomiast minimalna podstawa wymiaru składki zdrowotnej płaconej przez przedsiębiorców. Grozi nam za to podwyżka podatku od nieruchomości. Wzrosną wynagrodzenia nauczycieli, a prawnicy zaczną lepiej zarabiać na urzędówkach. Wchodzą w życie zmiany dotyczące segregacji odpadów i e-doręczeń. To jednak nie koniec zmian, jakie czekają nas w Nowym Roku.
Renata Krupa-Dąbrowska 31.12.2024
1 stycznia 2025 r. zacznie obowiązywać nowa Polska Klasyfikacja Działalności – PKD 2025. Jej ostateczny kształt poznaliśmy dopiero w tygodniu przedświątecznym, gdy opracowywany od miesięcy projekt został przekazany do podpisu premiera. Chociaż jeszcze przez dwa lata równolegle obowiązywać będzie stara PKD 2007, niektórzy już dziś powinni zainteresować się zmianami.
Tomasz Ciechoński 31.12.2024| Identyfikator: | Dz.U.UE.L.2004.241.22 |
| Rodzaj: | Umowa międzynarodowa |
| Tytuł: | European Convention for the Protection of Animals during International Transport (revised). |
| Data aktu: | 25/06/2004 |
| Data ogłoszenia: | 13/07/2004 |
| Data wejścia w życie: | 14/03/2006 |
