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  • Title: [Status of law-making on animal welfare].
    Author: Polten B.
    Journal: Dtsch Tierarztl Wochenschr; 2007 Mar; 114(3):98-103. PubMed ID: 17419542.
    Abstract:
    Since the last report there have been major revisions of laws and ordinances. Deliberations on rules of Community law were also continued. On national level, the Act on the Shoeing of Horses amending the Animal Welfare Act and amendments of animal welfare provisions as well as the Deregulation Act were prepared, some of which have meanwhile entered into force. At legislative level, the work on the ratification laws for the Council of Europe conventions (Strasbourg) was concluded in order to enable Germany to adopt the revisions. They include (1) the European Convention for the protection of animals used for experimental purposes and (2) the European Convention for the protection of animals during international transport. At the level of ordinances, the amendment and extension of the Animal Welfare -Farm Animal Husbandry Ordinance are of vital importance for the sections on pig farming and laying hen husbandry. Another section refers to the husbandry of fur animals, on which an ordinance has been submitted to the Bundesrat (German upper house of Parliament). Deliberations on this issue have been adjourned. Drafts of a circus register were prepared to amend the Animal Welfare Act and to adopt a separate ordinance, and they are being discussed with the federal states and associations. Previously,the rules of Community law in the area of animal welfare were adopted as EC directives which the member states had to transfer in national law. This was done by incorporating them into national laws or ordinances, with non-compliance having to be sanctioned. It is the member states' responsibility to establish sanctions. Yet the Commission has introduced a directly operative animal welfare legislation by adopting EC Regulation 1/2005 on the protection of animals during transport. This means that a national implementation is not required. Nevertheless, the establishment of sanctions continues to be the responsibility of the member states. A special authorisation by the legislator is required to be able to impose sanctions based on directly applicable EC law. This is done via the already mentioned Act on the Shoeing of Horses and amendment. To establish sanctions for this Community legislation, a "Sanctions Ordinance" is currently being discussed by the different departments. This way, a link between directly applicable Community legislation and national sanctions is established. At EC level there are currently discussed (1) the "Animal Welfare Action Plan", (2) a draft directive laying down minimum rules for the protection of chickens kept for meat production and (3) preparations for a revision of the directive on the protection of animals used for experimental purposes have become known due to the preparation of a related impact assessment. At the level of international law, the Council of Europe has concluded its work on Annex A of the convention for the protection of animals used for experimental purposes. With regard to the European Convention for the protection of animals kept for farming purposes, the deliberations on fish and fattening rabbits are being continued. There is a discussion on the technical details of the Transport Convention. Since the first animal welfare conference of the International Office of epizootics (OlE) in February 2004 in Paris, two very comprehensive codes on slaughter of animals and on animal transport were adopted. The inclusion of further animal welfare issues into the OIE work programme will be discussed in the next future.
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