1. EU LEGISLATION The Treaty of Lisbon – a new era for Animal Welfare Policy Event : Workshop on stray dog population control and protection of companion animals - AGR 43657 Podgorica, Montenegro, 13 December – 14 December 2010 David Pritchard DEFRA Differing European approaches to the role of legislation and guidelines in stray dog control

2. European laws for pet animals 1957 EECs Treaty of Rome ( Animal health & Trade only) 1987 Council of Europe The Convention For the Protection of Pet Animals ( EU not a signatory) 1987 Single European Act ( Single market) 1997 EU Treaty of Amsterdam ( Sentience) 2009 Treaty for the European Union (Lisbon)

3. Title II of Treaty For the European Union lists some key principles the Union should respect. Here an Article 13 has been introduced with the Lisbon Treaty.

4. TFEU Article 13 "In formulating and implementing the Union's agriculture, fisheries, transport, internal market, research and technological development and space policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage."

6. EP Motion march 2010 whereas every activity to protect and ensure the well-being of animals must be based on the principle that animals are sentient beings whose specific needs must be taken into account, and whereas animal welfare in the 21st century is an expression of our humanity and a challenge to European civilisation and culture and must, as a matter of principle, apply to all animals

7. EP Motion march 2010...Article 13....created a new legal situation under which,.... considers that this article applies to all livestock and animals in captivity, such as food-producing animals, pets, circus animals and animals in zoos or stray animals, whilst bearing in mind that differing characteristics and living conditions require differentiated treatment;

8. Belgium Presidency Initiative COUNCIL CONCLUSIONS ON THE WELFARE OF DOGS AND CATS http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/ en/agricult/118076.pdf

9. Why have EU legislation on for cats and dogs? 1.to respond to citizens' concerns it is necessary to plan appropriate actions at Member State and European level and ensure suitable welfare conditions for dogs and cats 2.the breeding of and EU trade in dogs and cats represent an economic activity within the European Union where business operators need to work within a level playing field;

10. Why have EU legislation on pet cats and dogs? 3.large differences seem to exist between the different national or regional rules on the welfare of dogs and cats within the European Union; 4. those differences may lead to unequal breeding and marketing costs which could create animal welfare problems, zoonotic risks and deception of the citizen due to the purchase of animals carrying possible hidden diseases, including genetic defects and/or with irreversible behavioural problems

11. Why have EU legislation on pet cats and dogs? 5. those problems may have a negative impact on primary objectives of the European Union such as the functioning of the internal market, public health and consumer protection

12. EU law must take account of : the need for the E U and the Member States to limit the administrative and regulatory burdens; the relevant international obligations, in particular concerning the trade in dogs and cats; –(That is the 1987 Convention of the protection of Pet animals of the CoE and OIE trade conditions on animal health)

13. EU law must take account of: that common rules, where they exist and do not relate to exclusive European Union competence, should continue to allow the Member States to maintain and/or adopt stricter national and/or regional rules on the welfare of dogs and cats; the principles of subsidiarity and proportionality;

14. Council proposals 1 The Council of the European Union calls upon the Commission, in the framework of the second EU strategy for the protection and welfare of animals: to study the differences between the measures taken by the Member States regarding the breeding of and EU trade in dogs and cats and, if appropriate, to prepare policy options for the harmonisation of the internal market;

15. Council proposals 2 to study and propose, if justified options for facilitating compatible systems of identification and registration of dogs and cats in order to ensure better guarantees to the citizen through more efficient traceability. The options may take into account the need for fast and precise investigation, particularly in the case of illegal trade and zoonosis;

16. Council proposals 3 to develop, if necessary and in coordination with the Member States, appropriate actions to promote and support education concerning responsible dog and cat ownership, as well as to support national information campaigns on the negative impact of non-curative surgical interventions on the welfare of dogs and cats."

17. Council proposals 4 To study and present, if justified, a specific proposal to restrict, in the European Union, the exhibition at public events of dogs and cats having undergone a non-curative surgical intervention (not aimed at preventing reproduction) and the trade in these animals;

18. What is Council of Europe ? Duty of care Trade sanctuaries Surgical operations Breeding Wild animals Reduction of stray animals ETS 125 provides legal base for responsible pet ownership The European Convention For the protection of Pet Animals ( ETS 125)

19. Convention on pets ? What is it trying to do? Introduce duty of care ? ControIs on trade? Wild animals as pets ? Reduce risks of overpopulation ?

20. ETHICS & CONCERNS (ETS 125 ) Respect all living creatures Pet animals have a special relationship with man Pet animals in contribute to the quality of life and so valued Risks- overpopulation for hygiene, health, safety of man and other animals Wild animals as pets should not be encouraged Some types of keeping pets posed a risk to their health and welfare. Common standards of attitude and practice Responsible pet ownership

21. PRINCIPLES (ETS 125 1987) Nobody shall cause a pet animal unnecessary pain, suffering or distress Nobody shall abandon a pet animal.

22. SCOPE (ETS 125 ) covers all household pets for private enjoyment and companionship; animals intended or bred for such purpose as well as sanctuaries and stray animals.

23. PROVISIONS (ETS 125) –breeding, – boarding, –keeping, –age limits on acquisition, – training, –trading, – Commercial breeding and boarding, –animal sanctuaries, advertising, entertainment, – exhibitions, competitions and similar events, –surgical operations, – killing, –supplementary measures for stray animals

24. The European Convention for the Protection of Pet Animals is a treaty of the Council of Europe to promote the welfare of pet animals and ensure minimum standards for their treatment and protection. Signed in 1987 and became effective on May 1, 1992, 21 Countries signatories, 19 ratified Reservations on tail docking (7) and age of acquisition (3)

25. Signatories of to Pet Convention Austria Azerbaijan Belgium Bulgaria Cyprus Czech Republic Denmark Finland France Germany Greece Italy Latvia Lithuania Luxembourg Netherlands Norway Portugal Romania Sweden Switzerland Turkey

26. RESOLUTIONS Animal breeding Surgical operations Wild animals

27. Breeding Article 5 – Breeding Any person who selects a pet animal for breeding shall be responsi­ble for having regard to the anatomical, physiological and behavioural characteristics which are likely to put at risk the health and welfare of either the offspring or the female parent.

28. “Pain face” of Cavalier King Charles Spaniel with to syringomyelia Credit: Tania O’Donnel Independent Inquiry into Dog Breeding Patrick Bateson University of Cambridge before analgesia after analgesia

29. Chapter III – Supplementary measures for stray animals Article 12 – Reduction of numbers When a Party considers that the numbers of stray animals present it with a problem, it shall take the appropriate legislative and/or administrative measures necessary to reduce their numbers in a way which does not cause avoidable pain, suffering or distress.

30. Duty of care KILLING Surgical operations Legal measures Administrative measures Identification Registration Trade Training /facilities CaptureKeepingNeuter ing STRAY ANIMAL CONTROL

31. Chapter III – Supplementary measures for stray animals Article 12 – Reduction of numbers aSuch measures shall include the requirements that: iif such animals are to be captured, this is done with the minimum of physical and mental suffering appropriate to the animal; iiwhether captured animals are kept or killed, this is done in accordance with the principles laid down in this Convention;

32. Article 11 – Killing Who does it ? Vet or competent person How? –Immediate loss of consciousness or death or Anaesthesia … –minimum of physical and mental suffering Bans inhumane methods –Drowning, suffocation –Certain Poisons –Electrocution without stunning first nimal's suffering

33. Article 12 Reduction of numbers Parties to consider reducing the unplanned breeding of dogs and cats by promoting the neutering of these animals; encouraging the finder of a stray dog or cat to report it to the competent authority.

34. Identification and registration b. Parties undertake to consider : iproviding for dogs and cats to be permanently identified by some appropriate means which causes little or no enduring pain, suffering or distress, such as tattooing as well as recording the numbers in a register together with the names and addresses of their owners;

35. Identification and registration Convention needs updating to revision to include micro chipping. And databases

36. Impact of Convention Despite compulsory registration and licensing in 70% (N=22) of countries, in 48% (N=15) of countries animal owners were not compliant and the authorities did not enforce the regulations. Stray cats were less likely to be subjected to systematic control by authorities than stray dogs.

37. Impact of conventions Used as basis of codes for non parties Slovenia code 2010English welfare codes

38. Convention on pets ( ETS 125) Provided legal base for : Reponsible pet ownership Controls on trade Wild animals as pets Reduction of stray animals Needs updating

39. Conclusion-2009 Treaty for the European Union (Lisbon) New welfare polices? Commission action plan 2011-16 is likely to refer to activities relating to pets. Possibly –Studies on Trade in dogs and cats and related breeding issue –Identification and registration Traceability –Showing dogs and cats with non curative surgical interventions –Education for responsible pet ownership and mutilations