European Convention for the Protection of Animals During International Transport (13 December 1968) in United States

European Convention for the Protection of Animals During International Transport (13 December 1968)

EUROPEAN CONVENTION FOR THE PROTECTION OF ANIMALS
DURING INTERNATIONAL TRANSPORT

Paris, 13 December 1968

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

1. Each Contracting Party shall apply the provisions
governing the international transport of animals
contained in this Convention.

2. For the purposes of this Convention international
transport is understood to be any movement which
involves the crossing of a frontier. Frontier traffic
shall, however, be excluded.

3. The competent authorities of the country of dispatch
shall decide whether the transport is in conformity
with the provisions of this Convention. Nevertheless,
the country of destination or intermediate countries
may dispute whether any particular transport conforms
with the provisions of this Convention. Such a
consignment shall, however, be detained only when it is
strictly necessary for the welfare of the animals.

4. Each Contracting Party take the necessary measures
to avoid or reduce to a minimum the suffering of
animals in cases when strikes or other unforeseeable
circumstances in its territory impede the strict
application of the provisions of this Convention. It
will be guided for this purpose by the principles set
out in this Convention.

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

1. Before animals are loaded for international
transport they shall be inspected by an authorised
veterinary officer of the exporting country who shall
satisfy himself that they are fit for transportation.
For the purposes of this Convention an authorised
veterinary officer is understood to be a veterinary
officer nominated by the competent authority.

2. Loading shall be carried out under arrangements
approved by an authorised veterinary officer.

3. The authorised veterinary officer shall issue a
certificate which identifies the animals, states that
they are fit for transportation, and, where possible,
records the registration number of the means of
transport and the type of vehicle used.

4. In certain cases determined by agreement between the
Contracting Parties concerned the provisions of this
Article need not apply.

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

1. Animals shall be provided with adequate space and,
unless special conditions require to the contrary, room
to lie down.

2. The means of transport and containers shall be
constructed so as to protect animals against inclement
weather conditions and marked differences in climate
conditions. Ventilation and air space shall be adapted
to the conditions of transport and be appropriate for
the species of animals carried.

3. Containers in which animals are transported shall be
marked with a symbol indicating the presence of live
animals and a sign indicating the upright position.
Containers shall be easy to clean, escape-proof and
shall be so constructed as to ensure the safety of the
animals. Containers shall also allow for the inspection
and care of the animals and shall be stowed in a way
which does not interfere with ventilation. During
transport and handling, containers shall always be kept
upright and shall not be exposed to severe jolts or
shaking.

4. During transport animals shall be offered water and
appropriate food at suitable intervals. Animals shall
not be left more than 24 hours without being fed and
watered. This period may, however, be extended if the
journey to the destination where the animals are
unloaded can be completed within a reasonable period.

5. Solipeds shall wear halters during transport. This
provision need not apply to unbroken animals.

6. When animals are tied the ropes or other attachments
used shall be strong enough not to break during the
transport under normal conditions, and long enough to
allow the animals, if necessary, to lie down and to eat
and drink. Bovines shall not be tied by the horns.

7. Solipeds, unless in individual stalls, shall have
their hind feet unshod.

8. Bulls over 18 months should preferably be tied. They
shall be fitted with a nose-ring for handling purposes
only.

Article 7

1. When animals of various species travel in the same
truck, vehicle, vessel, or aircraft, they shall be
segregated according to species. Furthermore special
measures shall be taken to avoid adverse reactions
which might result from the transport in the same
consignment of species naturally hostile to each other.
When animals of different ages are carried in the same
truck, vehicle, vessel, or aircraft adult and young
animals shall be kept separate; this restriction shall
not, however, apply to females travelling with their
young which they suckle. With regard to bovine, soliped
and porcine animals, mature uncastrated males shall be
separated from females. Adult boars shall also be
separated from each other; this shall also apply to
stallions.

2. In compartments in which animals are transported
goods shall not be loaded which could prejudice the
welfare of the animals.

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, 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 1O

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

1. The attendant or sender’s agent shall look after the
animals, feed and water them, and, if necessary, milk
them.

2. Cows in milk shall be milked at intervals of not
more than 12 hours.

3. To enable the attendant to provide this care, he
shall, if necessary, have available a suitable means of
lighting.

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 animals.
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 seperation 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 movements
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 subdivided, 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 and 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 Article 2S to 33 shall not apply to
the transport of animals loaded in railway trucks or
road vehicles on board ferry boats or similiar 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 temperature 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

1. Animals that are ill or injured shall not be
considered fit for transport. Any that become ill or
injured shall receive first-aid treatment as soon as
possible and if necessary be submitted to veterinary
examination.

2. When animals are loaded in containers one placed on
top of another or in a truck or vehicle with more than
one floor the necessary precautions shall be taken to
avoid droppings falling on the animals placed
underneath.

3 Suitable food and, if necessary, water shall be
available in adequate quantities, save in the case of:

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

1. The provisions of this Chapter shall apply to the
transport of domestic dogs and domestic cats except
those that are accompanied by the owner or his
representative.

2. The following provisions of Chapter II shall apply
mutatis mutandis to the transport of domestic dogs and
domestic cats: Article 4, Article 6, paragraphs 1 to 3
inclusive, Articles 7, 9, 10, Article 11, paragraphs 1
and 3, Articles 12 to l7 inclusive, 20 to 23 inclusive,
25 to 29 inclusive and 31 to 37 inclusive.

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

1. The provisions of this Chapter apply to the
transport of those mammals and birds which are not
already covered by the provisions of the preceding
Chapters.

2. The following provisions of Chapter II shall apply
mutatis mutandis to the transport of the species
concerned in this Chapter: Articles 4 and 5, Article 6,
paragraph 1 to 3 inclusive, Articles 7 to 10 inclusive,
Article 11, paragraphs 1 and 3, Articles 12 to 17
inclusive, 20 to 37 inclusive.

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 case of a dispute regarding the interpretation or
the application of the provisions of this Convention,
the competent authorities of the Contracting Parties
concerned shall consult with each other. Each
Contracting Party shall communicate to the
Secretary-General of the Council of Europe the names
and address of their competent authorities.

2. If the dispute has not been settled by this means,
it shall, at the request of one or other of the parties
to the dispute, be referred to arbitration. Each Party
shall nominate an arbitrator and the two arbitrators
shall nominate a referee. If one of the two parties to
the dispute has not nominated its arbitrator within the
three months following the request for arbitration, he
shall be nominated at the request of the other party to
the dispute by the President of the European Court of
Human Rights. If the latter should be a national of one
of the parties to the dispute, this duty shall be
carried out by the Vice-President of the Court or, if
the Vice-President is a national of one of the parties
to the dispute, by the most senior judge of the Court
not being a national of one of the parties to the
dispute. The same procedure shall be observed if the
arbitrators cannot agree on the choice of referee.

3. The arbitration tribunal shall lay down its own
procedure. Its decisions shall be taken by majority
vote. Its award which shall be based on this Convention
shall be final.

Chapter VIII

FINAL PROVISIONS

Article 48

1. The Convention shall be open to signature by the
member States of the Council of Europe. It shall be
subject to ratification or acceptance. Instruments of
ratification or acceptance shall be deposited with the
Secretary-General of the Council of Europe.

2. This Convention shall enter into force six months
after the date of the deposit of the fourth instrument
of ratification or acceptance.

3. In respect of a signatory State ratifying or
accepting subsequently, the Convention shall come into
force six months after the date of the deposit of its
instrument of ratification or acceptance.

Article 49

1. After the entry into force of this Convention the
Committee of Ministers of the Council of Europe may
invite any non-member State to accede thereto.

2. Such accession shall be effected by depositing with
the Secretary-General of the Council of Europe an
instrument of accession which shall take effect six
months after the date of its deposit.

Article 50

1. Any Contracting Party may, at the time of signature
or when depositing its instrument of ratification.
acceptance or accession, specify the territory or
territories to which this Convention shall apply.

2. Any Contracting Party may when depositing its
instrument of ratification, acceptance or accession or
at any later date, by declaration addressed to the
Secretary-General of the Council of Europe, extend this
Convention to any other territory or territories
specified in the declaration and for whose
international relations it is responsible or on whose
behalf it is authorized to give undertakings.

3. Any declarations made in pursuance of the preceding
paragraph may, in respect of any territory mentioned in
such declaration be withdrawn according to the
procedure laid down in Article 51 of this Convention.

Article 51

1. This Convention shall remain in force indefinitely.

2. Any Contracting Party may, in so far as it is
concerned, denounce this Convention by means of a
notification addressed to the Secretary General of the
Council of Europe.

3. Such denunciation shall take effect six months after
the date of receipt by the Secretary-General of such
notification.

Article 52

The Secretary-General of the Council of Europe shall
notify the member States of the Council and any State
which has acceded to this Convention of:

a) any signature;

b) any deposit of an instrument of ratification,
acceptance or accession;

c) and 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
authorized 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.