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International Convention for the Protection of Animals



Date of Signature: Proposed

Date Effective: Proposed


Summary:  

A proposed umbrella treaty to deal with all aspects of animal issues. Topics covered in the protocols include, transportation of animal, methods of taking wildlife, care of exhibited wildlife and protection from cruel treatment.



International Convention for the Protection of Animals

Proposed by the Committee for the Convention for the Protection of Animals

April 4, 1988

Bill Clark, Committee Chairperson International Committee for Convention for the Protection of Animals, P.O. Box 7274, Jerusalem 91072, ISRAEL

Professor David Favre, Drafting Committee Chairman, Michigan State University - DCL College of Law, East Lansing Michigan, 48812, USA

Stanley Johnson, International Fund for Animals Welfare, 60, Regents Park Road, London NW1 7SX, UNITED KINGDOM

Explanation of need for the treaty

The materials reflect not only the deliberations of the Drafting Committee over a three years, but also the comments and discussion received at two public conferences:

- Geneva July, 1986 & London November, 1987.

In the late 1990's the committee reconviened and affirmed that the proposal was still appropiate to the needs of animals.


 

TABLE OF CONTENTS

Convention for the Protection of Animals

Companion Animal Protocol

Protocol for the Care of Exhibited Wildlife

Protocol for the Taking of Wild Animals

Protocol for the International Transportation of Animals


INTERNATIONAL CONVENTION FOR THE PROTECTION OF ANIMALS

Preamble

THE CONTRACTING PARTIES,

REALIZING the need to establish effective and comprehensive international standards for the treatment of animals, and

RECOGNIZING that humans derive many diverse benefits from their associations with animals and their utilization of them, and

RECOGNIZING that the misuse and wastage of animals impairs the conservation of the environment as well as cultural and economic development, and

RECOGNIZING the widespread international concern over the many and varied abuses of animals which constitute cruelty, and

RECOGNIZING that heretofore there existed no comprehensive international agreement which effectively confronted these abuses so as to eliminate or to mitigate their severity, and

SEEKING to institute a practical mechanism which resolves the differences arising from the character and implementation of animal protective legislation of the various States, and

CONVINCED that meaningful and effective improvements in the treatment of animals and fulfillment of mankind's obligations toward animals and natural systems can be assured through cooperative action by all States,

HAVE AGREED upon the following provisions:

ARTICLE 1

Fundamental Principles

1. Humans and animals co-exist within an interdependent ecosystem. Humans and animals share an evolutionary heritage. Humans, as moral beings, have an obligation to act responsibly toward animals.

2. Life has intrinsic value. No animal should be killed unnecessarily or be subjected to cruel acts or to unnecessary suffering.

3. When humans have control over specific animals they have a positive obligation to provide these animals with an environment and care appropriate for the species.

ARTICLE 2

Definitions

A particular animal shall be categorized by both its species and the specific environment in which that animal is found. For the purposes of this Convention and its Protocols, unless the context requires otherwise, or the term in question is otherwise defined within a specific Protocol, then the term:

(a) "animal" means any non-human mammal, bird, reptile, amphibian or fish and any other organisms which may be included specifically within a particular protocol.

(b) "wildlife" includes any animal of a species which has evolved as a part of the local ecosystem in which it is found or is a species which has escaped human control and establishes a self-sustaining reproducing population within a particular habitat, or is of a species which has adapted to co-existence with humans within the urban environment.

(c) "captive wildlife" includes any animal of a wildlife category which comes under the control of humans and any animal from subsequent generations which are born from such animal.

(d) "domestic animals" refer to species which, within the context of the local culture, have traditionally been under the physical control, bred by and used by humans.

(e) "companion animals" mean animals of which humans have possession and control of for a primary use other than economic benefit.

(f) "commercial animals" shall refer to animals under the control of humans for the primary purpose of economic gain or production of goods or services. This includes, but is not limited to, farm and ranch animals, working animals, laboratory animals and animals used by humans in sport or entertainment.

ARTICLE 3

The Capturing or Killing of Wildlife

The Contracting Parties shall take all appropriate steps to minimize and control the capture or killing of wildlife, particularly the methods thereof, in order to reduce the suffering of target animals to the minimum possible, and to minimize to the greatest extent possible indiscriminate harm to nontarget animals or the environment.

ARTICLE 4

Wildlife Management and Habitat

The Contracting Parties shall take all appropriate steps to use those scientific management practices which result in the least suffering to wildlife and shall conserve wildlife habitat wherever possible.

ARTICLE 5

Captive Wildlife Care

The Contracting Parties shall take all appropriate steps to assure that humans having custody of captive wildlife provide an appropriate environment and the necessary care for the well being of the animals and that captive wildlife not be subjected to unnecessary suffering or cruelty.

ARTICLE 6

Transportation of Animal

The Contracting Parties shall take all appropriate steps to prevent cruelty and reduce suffering to the minimum in the transportation of any animal.

ARTICLE 7

Companion Animals

The Contracting Parties shall take all appropriate steps to protect companion animals from cruelty, to assure that humans provide them with responsible care and to prevent inappropriate species from being used as companion animals.

ARTICLE 8

Commercial Animals

The Contracting Parties shall take all appropriate steps to assure that commercial animals shall be provided an appropriate environment and the necessary care for their well-being and shall be reared, maintained, used and killed without the infliction of unnecessary suffering or cruelty.

ARTICLE 9

Animals Used in Scientific Research

The Contracting Parties shall take all appropriate steps to minimize the use of animals in scientific research, testing, and education, and to prevent cruelty and reduce suffering to the minimum in those animals which are used.

ARTICLE 10

General Undertakings

1. The Contracting Parties shall individually and jointly take all appropriate measures in accordance with the provisions of this Convention and those protocols in force to which they are party, to prevent the subjection of animals to cruelty and unnecessary suffering and to conserve the natural habitat of wildlife.

2. The Contracting Parties shall co-operate in the formulation and adoption of additional protocols as the opportunities arise.

3. The Contracting Parties undertake as far as possible to co-operate directly, or, when appropriate, through competent regional or international organizations in all appropriate fields including, but not restricted to science, education, law and technology, and to exchange data as well as other information for the purpose of this Convention.

4. The Contracting Parties shall co-operate in the implementation of this Convention and the enforcement of its provisions.

5. The official working languages of this Convention shall be English, French and Spanish. The Contracting Parties shall make every effort in communications with the Secretariat and other Contracting Parties to use one of these three languages.

ARTICLE 11

Relationship Between the Convention

and Protocols

1. No State may become a Contracting Party to this Convention unless it becomes a Contracting Party to at least one of the protocols at the same time. No State may become a Contracting Party to a protocol unless it is, or becomes a Contracting Party to this Convention at the same time.

2. Any protocol to this Convention shall be binding only on the Contracting Parties to the protocol in question.

3. Decisions concerning any protocol pursuant to Articles 16, 20 and 21 of this Convention shall be taken only by the Contracting Parties to the protocol concerned.

ARTICLE 12

Adoption of Additional Protocols

1. The Contracting Parties and other invited States, at a plenipotentiary conference, may adopt additional protocols to this Convention. The conference shall be convened at the request of at least ten States.

2. Pending the entry into force of this Convention the Secretariat may, after consulting with the signatories to this Convention and other States, seek the convening of a plenipotentiary conference for the purpose of adopting additional protocols.



ARTICLE 13

Designation of Responsible Authority

1. Each Contracting Party shall designate an individual, office or organization to be responsible in matters concerning the Convention. This individual, office or organization shall be the responsible agency for all official communication between the Secretariat and the Contracting Party.

2. It shall be permissible for any Contracting Party to further designate different individuals, offices or organization for each Protocol which is in force for the Contracting Party in question.

ARTICLE 14

The Secretariat

1. Upon entry into force of the present Convention, an interim Secretariat shall be provided by the . To the extent and in the manner the Interim Secretariat considers appropriate, the Interim Secretariat may be assisted by suitable governmental, intergovernmental or nongovernmental international or national agencies and organizations qualified in the care of animals. The interim Secretariat shall call a meeting of the Conference of the Contracting Parties not later than one year after the entry into force of the present Convention.

2. The Conference of the Contracting Parties to this Convention shall appoint a permanent Secretariat to administer the day-to-day functioning of the present Convention, and to perform any special duties entrusted to it. The composition of the Secretariat, its headquarters, and other matters which relate to this functioning shall be determined by the Conference of the Parties.

3. The permanent Secretariat shall have the following duties and authority:

(a) to convene and prepare the meetings and Conferences of Contracting Parties;

(b) to transmit to the Contracting Parties notifications, reports and other information received in accordance with subsequent Articles;

(c) to respond to inquiries by, and information from, the Contracting Parties, and to consult with them on questions relating to this Convention and the protocols and annexes thereto;

(d) to ensure the necessary co-ordination with other international bodies which the Contracting Parties consider competent and, in particular, to enter into such administrative arrangements as may be required for the effective discharge of the Secretariat functions;

(e) to make recommendations to the Contracting Parties for the implementation of the Convention and adopted protocols;

(f) to consider problems of implementation of the Convention or a Protocol, to make recommendations to a Contracting Party for the correction of any outstanding problems and when appropriate to make a report along with recommendations to the Contracting Parties at the next Convention of the Contracting Parties;

(g) to undertake studies that will contribute to the implementation of this Convention;

(h) to seek funding, as required, from governmental and non-governmental sources;

(i) to receive reports from non-government groups concerning issues which arise under the provision of this Convention;

(j) to work with the Standing Committee as appropriate;

(k) to report biennially to the Conference of the Parties;

(l) to perform the functions assigned to it by the protocols to this Convention;

(m) to perform such other functions as may be assigned to it by the Contracting Parties.

ARTICLE 15

Standing Committee

1. At the first conference of the Contracting Parties a Standing Committee consisting of 7 Contracting Parties shall be elected. Subsequent elections shall be held at each regular Conference of the Contracting Parties.

2. Membership on the Standing Committee shall rotate between the Contracting Parties and shall take into account the needs of geographic representation. If not an elected member, the depository government shall have the right to attend and participate as a non-voting member.

3. The Standing Committee shall adopt its own rules of operation.

4. In order to discharge its functions, the Standing Committee may, on its own initiative, arrange for meetings of groups of experts.

5. The Standing Committee shall meet at least once between the Conferences of the Parties.

6. The Standing Committee may consider problems of implementation of the Convention and Protocols. The results of any such investigation shall be forwarded to all the Contracting Parties along with recommendations.

7. The Standing Committee may also draft new protocols or amendments to the Convention, existing protocols or annexes of a protocol. Any such proposal shall be distributed by the Secretariat to the Contracting Parties for consideration in accordance with Article 12, 20 or 21.

8. The Standing Committee shall have the obligation to provide administrative and financial oversight of the operation of the Secretariat's office as directed by the resolutions of the Conference of the Parties.

ARTICLE 16

Conference of the Parties

1. After the initial Conference, convened in accordance with Article 14, regular meetings of the Conference shall be called every two years. Extraordinary meetings of the Conference of the Contracting Parties shall be called by the Secretariat on receipt of a written request of at least one-third of all Parties to the Convention.

2. Only Contracting Parties may vote at a Conference. Any Contracting Party may be represented by one or more delegates. Each delegation shall have one vote. Within the areas of its competence, the European Economic Community, if a Contracting Party, may exercise its right to vote with a number of votes equal to the number of its member States which are Contracting Parties to this Convention; the European Economic Community shall not exercise its right to vote in cases where the member States concerned exercise theirs, and conversely.

3. A majority of the Contracting Parties shall constitute a quorum for purposes of holding a Conference. Except as provided in Articles 20 and 21, and Section 5 of this Article, all votes shall be decided on the basis of a simple majority of those present and voting. When an issue is solely within the provisions of one of the protocols then only those Contracting Parties to the protocol may vote.

4. The Conference shall review the effectiveness of the Convention and of existing protocols, review and adopt budgets for the Secretariat, consider the recommendations of the Secretariat or Standing Committee and transact such other business as it considers necessary to implement the provisions of this Convention and its protocols.

5. Upon motion and a two-thirds vote of those present and voting at any Conference of the Contracting Parties, a Contracting Party may be sanctioned when it is deemed to have violated an obligation under the Convention or a Protocol to which it is a party.

ARTICLE 17

Participation by other than Contracting States

1. Upon a vote of the Contracting Parties any State, international agency, or body may be invited as an observer to a Conference of the Parties or meeting of the Standing Committee.

2. Any body or agency qualified in protection, conservation or humane care of animals, or otherwise involved with the use of animals, in the following categories, which has informed the Secretariat at least 30 days in advance of its desire to be represented at meetings of the Conference by observers, shall be admitted unless at least one-half of the Parties present object:


(a) international agencies or bodies, either governmental or non-governmental;

(b) national governmental agencies and bodies; and

(c) national non-governmental agencies or bodies.

Once admitted, these observers shall have the right to participate but not to vote.

3. In the case of any Committee meetings held between Conferences, any organization which was represented at the immediately preceding Conference shall be allowed observer status at a Committee meeting, except when the Committee excludes all observers by majority vote.

ARTICLE 18

Rules of Procedure and Financial Rules

1. The Contracting Parties shall adopt rules of procedure for their meetings and conferences provided for in Articles 15 and 16 above.

2. The Contracting Parties shall adopt financial provisions, prepared in consultation with the Secretariat, to determine, the level of each Contracting Party's financial participation.



ARTICLE 19

Periodic Reports

1. Upon joining this Convention, each Contracting Party shall provide the Secretariat with copies of all domestic law, translated into an official language of the Convention, which pertains to its obligations under the Convention or any of the protocols to which it is a Contracting Party. If a Contracting Party shall subsequently become a party to an additional Protocol then copies of relevant domestic law shall be forwarded to the Secretariat. Any subsequent changes or additions in relevant domestic law shall be forwarded to Secretariat when adopted.

2. Contracting Parties shall provide biennial reports to the Secretariat which explain its efforts to implement the obligations of this Convention. These reports shall be submitted upon entry into force of the Convention for the Contracting Party in questions and thereafter six months prior to each regular Conference meeting. Additional reporting responsibility may arise under specific protocols.

3. Biennial reports shall be compiled by the Secretariat as appropriate and made available to all Contracting Parties and other interested individuals and organizations.

ARTICLE 20

Amendment of the Convention or a Protocol

1. Any Contracting Party to this Convention may propose amendments to the Convention. Amendments shall be adopted by an extraordinary conference which shall be convened by the Secretariat at the request of two-thirds of the Contracting Parties.

2. Any Contracting Party to this Convention may propose amendments to any protocol to which it is a member. Such amendments shall be adopted by an extraordinary conference which shall be convened by the Secretariat at the request of two-thirds of the Contracting Parties to the protocol concerned.

3. Amendments to this Convention shall be adopted by a three-fourths majority vote of the Contracting Parties to the Convention which are present and voting either affirmative or negative at the extraordinary conference, and shall be submitted by the Depositary for acceptance by all Contracting Parties to the Convention. Amendments to any protocol shall be adopted by a three-fourths majority vote of the Contracting Parties to such protocol which are present and voting either affirmative or negative at the extraordinary conference, and shall be submitted by the Depositary for acceptance by all Contracting Parties to such protocol.

4. Acceptance of amendments shall be notified to the Depositary in writing. Amendments adopted in accordance with paragraph 3 of this Article shall enter into force between Contracting Parties having accepted such amendments on the thirtieth day following the receipt by the Depositary of notification of their acceptance by at least two-thirds of the Contracting Parties to this Convention or to the protocol concerned, as the case may be. For Contracting Parties subsequently accepting the amendment, the amendment shall be effective 30 days after receipt of the notification of acceptance.

5. After the entry into force of an amendment to this Convention or to a protocol, any new Contracting Party to this Convention or such protocol shall become a Contracting Party to the instrument as amended.

6. If a technical mistake of translation is discovered in any text after the adoption of the Convention, a protocol or amendment to either, the Secretariat shall so report to the Contracting Parties in writing. The necessary change will be made by the Secretary sixty days after notification unless controversy exists, in such case the problem will be reported at the next Conference of the Parties.

ARTICLE 21

Annexes and Amendments to Annexes

1. Annexes to any protocol shall be considered an integral part of such protocol.

2. Except as may be otherwise provided in any protocol, the following procedure shall apply to the adoption and entry into force of any annex or amendments to annexes to any protocol:

(a) any Contracting Party to a protocol may propose an annex or an amendment to an annex of that protocol at a meeting referred to in Article 16;

(b) such annex or amendments shall be adopted by a three-fourths majority vote of the Contracting Parties to such protocol as the annex may be a part;

(c) the Secretariat shall, without delay, communicate the new annex or amendments so adopted to all Contracting Parties;

(d) any Contracting Party that is unwilling to accept an annex or amendment to an annex shall so notify the Depositary in writing within 60 days;

(e) the Depositary shall without delay notify all Contracting Parties of any notification received pursuant to the preceding sub-paragraph;

(f) on expiration of the 60 day period referred to in sub-paragraph (d) above, the annex or amendment to an annex shall become effective for all Contracting Parties to the protocol concerned which have not submitted a notification in accordance with the provisions of sub-paragraph (d).

3. The adoption and entry into force of a new annex to any protocol shall be subject to the procedure of the previous paragraph, provided that, if any amendment to the protocol is involved, the new annex shall not enter into force until such time as the amendment to the protocol concerned enters into force.

4. All proposals and supporting reports by Contracting Parties for new annexes or to amend any annex must be submitted to the Secretariat at least 90 days before the scheduled regular or extraordinary meeting of the Conference of the Parties at which the proposal is to be submitted for debate and vote, and distributed by the Secretariat to all Contracting Parties at least 60 days before any such meeting.

5. No proposal for a new annex or to amend an annex shall be voted upon at a meeting of the Conference of the Contracting Parties unless it is supported by a report, distributed in accordance with the provisions of Paragraph 4 of this Article, and containing sufficiently pertinent detail to permit the proposal to be thoroughly argued in open debate. The format for any such report may be adopted by resolution of the Parties.



ARTICLE 22

Resolution of Disputes

Disputes between two or more Contracting Parties concerning the interpretation or implementation of the present Convention shall be subject to negotiation between the Contracting Parties involved in the dispute. If negotiation fails, Contracting Parties may, by mutual consent, submit the dispute to arbitration, in particular that of the Permanent Court of Arbitration at The Hague. The Contracting Parties submitting the dispute shall be bound by the arbitral decision.

ARTICLE 23

Trade

1. In order to support worldwide participation in the Convention, Contracting Parties are encouraged to avoid trade in any animal or animal parts and derivatives with those States that are not participants in this Convention. If trade with non-participants is allowed, then certification by the non-participant State of compliance with Convention provisions and standards for the animals being traded are a precondition to trade.

2. In order to encourage the full implementation of this Convention, Contracting Parties are encouraged to restrict the importation of any animal or animal parts or derivatives from those Contracting Parties that keep or manage such animals in a manner inconsistent with any of the provisions of this Convention and its protocols.

ARTICLE 24

Effect on Domestic Legislation and

International Conventions

1. The provisions of the present Convention shall in no way affect the right of Contracting Parties to adopt stricter domestic measures regarding the treatment or transport of live animals, or regarding practices to be followed in the capturing or killing of animals, or other humane care requirements for any animal.

2. The provisions of the present Convention shall in no way affect the provisions of any domestic measures or the obligations of Contracting Parties deriving from any treaty, convention, or international agreement relating to the trade, taking, possession, treatment, or transport of animals which is in force for any Contracting Party when they become a Contracting Party.



ARTICLE 25

Reservation

1. The provisions of the present Convention or Protocols shall not be subject to general reservations. Specific reservations may be entered in accordance with the provisions of this Article.

2. Any Contracting Party may, on depositing its instrument of ratification, acceptance, approval or accession, or within 60 days after the adoption of a new annex or an amendment to any annex as provided in Article 21, enter a specific reservation with regard to:

(a) a specific species, subspecies or any other taxon specifically listed;

(b) any specific technique or device prohibited or controlled;

(c) any species specific conditions of handling, housing, transportation, or use of animals.

3. Until a Contracting Party withdraws its reservation entered under the provisions of this Article, it shall be treated as a State not a Party to the present Convention with respect to trade in and treatment of the particular species or, as appropriate, parts or derivatives specified in such reservation.

ARTICLE 26

Signature

1. The present Convention shall be available for signature by all States and the European Economic Community.

2. The present Convention shall be open for signature at until and thereafter at until .



ARTICLE 27

Ratification, Acceptance, Approval

The present Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of which shall be the Depositary Government.



ARTICLE 28

Accession

The present Convention shall be open indefinitely for accession. Instruments of accession shall be deposited with the Depositary Government.



ARTICLE 29

Entry into Force

1. The present Convention shall enter into force 90 days after the date of deposit of the tenth instrument of ratification, acceptance, approval or accession, with the Depositary Government.

2. For each State which ratifies, accepts or approves the present Convention or accedes thereto after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Convention shall enter into force 90 days after the deposit by such State of its instrument of ratification, acceptance, approval or accession.

ARTICLE 30

Denunciation

Any Contracting Party may denounce the present Convention by written notification to the Depositary Government at any time. The denunciation shall take effect twelve months after the Depositary Government has received the notification.

ARTICLE 31

Depositary

1. The original of the present Convention, in the English, French, and Spanish languages, each version being equally authentic, shall be deposited with the Depositary Government which shall transmit certified copies thereof to all States that have signed it or deposited instruments of accession to it.

2. The Depositary Government shall inform all signatory and acceding States and the Secretariat of signatures, deposit of instruments of ratification, acceptance, approval or accession, entry into force of the present Convention, amendments thereto, entry and withdrawal of reservations and notifications of denunciation.

3. As soon as the present Convention enters into force, a certified copy thereof shall be transmitted by the Depositary Government to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

In witness whereof the undersigned Plenipotentiaries, being duly authorized to that effect, have signed the present Convention.

  COMPANION ANIMAL PROTOCOL

ARTICLE 1

Operating Principles

1. No person shall cause a companion animal unnecessary pain, suffering or distress. No person shall abandon a companion animal.

2. Any person who is the keeper of a companion animal shall have the affirmative obligation to provide the companion animal with adequate food, water, shelter and veterinary care.

3. Wildlife, particularly captured wildlife, should not be utilized as companion animals.



ARTICLE 2

Definitions

1. A "keeper" is an individual who has possession of a companion animal even though they may or may not be the owner of the companion animal.

2. A "stray animal" is a companion animal which is outside the bounds of its owner's or keeper's household and is not under the control or direct supervision of the owner or keeper.

3. The "trading" of companion animals refers to a retail or wholesale business in substantial quantities, carried out for profit, and which involves the change of ownership of companion animals.

4. "Commercial breeding and boarding" is an operation mainly for profit which involves substantial quantities.

5. An "animal sanctuary" is a non-profit establishment or organization where companion animals may be kept in substantial numbers.

6. A "competent authority" is one designated by the Contracting Party to carry out the responsibilities of this Protocol.

7. The term "person" includes individuals, business entities, organizations or agencies.

ARTICLE 3

Ownership Limitation

1. No companion animal shall be sold to individuals under the age of legal responsibility without the express consent of their parents or other persons exercising parental responsibilities to assume legal responsibility for the animal.



ARTICLE 4

Care

1. The keeper of a companion animal shall be responsible for the animal's health and welfare.

2. The keeper of a companion animal shall provide the care and attention required by the species and breed of the animal, and in particular shall:


(a) give it suitable and sufficient food and water;

(b) provide it with adequate shelter from adverse environmental conditions;

(c) provide it with adequate opportunities for exercise; and

(d) take all reasonable measures to prevent escape.

3. The keeper of a companion animal shall not:

(a) subject the animal to cruel acts or conditions;

(b) restrain an animal so as to preclude it from obtaining adequate food, water and shelter;

(c) train an animal in a way which is detrimental to its health or cause unnecessary pain or suffering;

(d) use an animal by forcing it to exceed its natural capacities or strengths.

4. Annex A to this Protocol shall contain species specific requirements for the appropriate care and welfare of companion animals.

ARTICLE 5

Inappropriate Companion Animals

1. The offspring of animals already in the possession of humans are the preferred source of companion animals over captured wild animals.

2. No person shall be allowed to keep or own wildlife if any of the following conditions are present:

(a) the animal is of an endangered species protected under domestic or international law;

(b) the animal, as an adult, represents a physical danger to the keeper of the animal or others who might be expected to be in contact with the animal; or

(c) the animal is unlikely to ever adjust to the confinement expected of a companion animal because of the sociological, physiological or ecological needs of the animal.

3. Annex B to this Protocol shall contain a list of animals which the Contracting Parties determine are inappropriate for use as a companion animal.

4. It is inappropriate for any animal to be given away as a companion animal prize, award or bonus.



ARTICLE 6

Breeding

The breeding or genetic manipulation of an animal is prohibited when it is foreseeable that either the health and welfare of a parent will be put to risk or that the offspring of any such process will have anatomical, physiological or behavioral characteristics which result in increased risk of pain, injury, illness or death of the offspring.

ARTICLE 7

Trading, Commercial Breeding and Boarding,

Animal Sanctuaries.

1. Any person who, at the time of the entry into force of this Protocol, is trading in or is commercially breeding or boarding companion animals or is operating an animal sanctuary shall, within an appropriate period to be determined by each Contracting Party, declare this to the competent authority.

Any person who intends to engage in any of these activities shall declare this intention to the competent authority prior thereto.

2. This declaration shall stipulate:

(a) the species of companion animals which are involved or to be involved;

(b) the person responsible and his qualifications; and

(c) a description of the premises and equipment used or to be used.

3. The above-mentioned activities may be permitted by the competent authority only:


(a) if the personal responsible has the competence and qualifications for the activity either as a result of professional training or of sufficient experience with companion animals; and

(b) if the premises and the equipment used for the activity comply with the requirements set out in Article 4.

4. The competent authority shall determine on the basis of declaration made under the provisions of paragraph 1 and any other information available to it whether or not the conditions set out in paragraph 3 are being complied with. If these conditions are not adequately met, it shall recommend measures and, if necessary for the welfare of the animals, it shall prohibit the commencement or continuation of the activity.

5. The competent authority shall, in accordance with national legislation, supervise whether or not the above mentioned conditions are complied with.

ARTICLE 8

Advertising, Entertainment, Exhibitions,

Competitions and Similar Events.

1. Companion animals shall not be used in advertising, entertainment, exhibitions, competitions and similar events unless:

(a) the organizer has created appropriate conditions for the companion animals to be treated in accordance with the requirements of Article 4; and

(b) the companion animal's health and welfare are not put at risk.

2. No substances shall be given to, treatments applied to, or devices used on a companion animal for the purpose of increasing or decreasing its natural level of performance:

(a) during competition; or

(b) at any other time, when this would put at risk the health and welfare of the animal.


ARTICLE 9

Surgical Operations.

1. Surgical operations for the purpose of modifying the appearance of a companion animal or for other non-curative purposes shall be prohibited and, in particular:

(a) the docking of tails;

(b) the cropping of ears;

(c) devocalisation; and

(d) declawing and defanging.

Other operations or procedures which the Contracting Parties believe inappropriate may be listed as an Annex to the Protocol.

2. Exceptions to these prohibitions shall be permitted only:

(a) if a veterinarian considers non-curative procedures necessary for veterinary medical reasons or for the benefit of any particular animal; and

(b) to prevent reproduction.

3. (a) Operations in which the animal will or is likely to experience severe pain shall be carried out under anesthesia only by a veterinarian or under his supervision.

(b) Operations for which no anesthesia is required may be carried out by a person competent under national legislation.



ARTICLE 10

Killing

1. Only a veterinarian or another competent person shall kill a companion animal except in an emergency to terminate an animal's suffering when veterinary or other competent assistance cannot be quickly obtained or in any other emergency covered by national legislation. All killing shall be done with the minimum of physical and mental suffering appropriate to the circumstances.

The method chosen, except in an emergency, shall either:

(a) cause immediate loss of consciousness and death; or

(b) begin with the induction of deep general anesthesia to be followed by a step which will ultimately and certainly cause death.

The person responsible for the killing shall make sure that the animal is dead before the carcass is disposed of.

2. The following methods of killing shall be prohibited:

(a) drowning and other methods of suffocation if they do not produce the effects required in paragraph 1;

(b) the use of any poisonous substance or drug, the dose and application of which cannot be controlled so as to give the effect mentioned in paragraph 1; and

(c) electrocution unless preceded by immediate induction of loss or consciousness.

Other methods and techniques which the Contracting Parties consider inappropriate may be listed in an Annex to this Protocol.

ARTICLE 11

Reduction of Stray Animals.

When a Contracting 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.

(a) Such measures shall include the requirements that:

(i) if such animals are to be captured, this is done with the minimum of physical and mental suffering to the animal; and

(ii) whether captured animals are kept or killed, this is done in accordance with the principles established in this Protocol.

(b) Parties undertake to consider:

(i) providing 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;

(ii) reducing the unplanned breeding of dogs and cats by promoting the neutering of these animals;

(iii) encouraging the finder of a stray dog or cat to report it to the competent authority; and

(iv) birth control methods for controlling the number of stray animals.


ARTICLE 12

Information and Education Programmes.

The Contracting Parties undertake to encourage the development of information and education programmes so as to promote awareness and knowledge amongst organizations and individuals concerned with the keeping, breeding, training, trading and boarding of companion animals of the provisions and the principles in this Protocol. In these programmes, attention shall be drawn in particular to the following subjects:

(a) the need for training of companion animals for any commercial or competitive purpose to be carried out by persons with adequate knowledge and ability;

(b) the need to discourage:

(i) gifts of companion animals to persons under the legal age, without the express consent of their parents or other persons exercising parental responsibilities;

(ii) gifts of companion animals as prizes, awards or bonuses;

(iii) unplanned breeding of companion animals;

(c) the possible negative consequences for the health and well-being of wild animals if they were to be acquired or introduced as companion animals; and

(d) the risks of irresponsible acquisition of companion animals leading to an increase in the number of unwanted and abandoned animals.

Other issues and concerns that need to be addressed by Contracting Parties may be set out in an Annex to this Protocol.



ARTICLE 13

Domestic Implementation

1. Each Contracting Party shall adopt such domestic measures as are necessary to implement the provisions of this Protocol. Each Contracting Party shall designate an appropriate authority to carry out the responsibilities of this Protocol. A Party may adopt stricter, more protective, domestic legislation.

2. Each Contracting Party should provide a process for the confiscation and forfeiture of animals being held in violation of the Protocol and being treated in a manner in violation of this Protocol. The disposition of a confiscated animal will always be in a manner suitable to the needs and interest of the companion animal.

ARTICLE 14

Annexes

Annexes to this Protocol shall be created and changed in accordance with Article 21 of the Convention for the Protection of Animals.



ARTICLE 15

Enforcement

1. Each Contracting Party shall prohibit the keeping, breeding, training, or using of companion animals under conditions or in such a manner that violate the provisions of this Protocol or any of its Annexes. Legal responsibility shall rest upon both the owner and possessor of a companion animal.

2. Each Contracting Party may prohibit companion animal trade with any State which refuses to comply with the provisions of this Protocol and its Annexes.



ARTICLE 16

Signature

1. The present Protocol shall be available for signature by all States and the European Economic Community.

2. The present Protocol shall be open for signature at until and thereafter at until .



ARTICLE 17

Ratification, Acceptance, Approval

The present Protocol shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of which shall be the Depositary Government.

ARTICLE 18

Accession

The present Protocol shall be open indefinitely for accession. Instruments of accession shall be deposited with the Depositary Government.



ARTICLE 19

Entry into Force

1. The present Protocol shall enter into force 90 days after the date of deposit of the tenth instrument of ratification, acceptance, approval or accession, with the Depositary Government.

2. For each State which ratifies, accepts or approves the present Protocol or accedes thereto after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Protocol shall enter into force 90 days after the deposit by such State of its instrument of ratification, acceptance, approval or accession.



ARTICLE 20

Denunciation

Any Contracting Party may denounce the present Protocol by written notification to the Depositary Government at any time. The denunciation shall take effect twelve months after the Depositary Government has received the notification.



ARTICLE 21

Depositary

1. The original of the present Protocol, in the English, French, and Spanish languages, each version being equally authentic, shall be deposited with the Depositary Government which shall transmit certified copies thereof to all States that have signed it or deposited instruments of accession to it.

2. The Depositary Government shall inform all signatory and acceding States and the Secretariat of signatures, deposit of instruments of ratification, acceptance, approval or accession, entry into force of the present Protocol, amendments thereto, entry and withdrawal of reservations and notifications of denunciation.

3. As soon as the present Protocol enters into force, a certified copy thereof shall be transmitted by the Depositary Government to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

In witness whereof the undersigned Plenipotentiaries, being duly authorized to that effect, have signed the present Protocol.

Protocol for the Care of Exhibited Wildlife


 

ARTICLE 1

Operating Principles

1. Persons possessing wildlife for purposes of public exhibition have the obligation to provide each animal an environment which approaches the species natural environment.

2. Captive wildlife should not be subjected to unnecessary suffering or cruelty.

3. Captive wildlife should be under the control and direction of individuals competent to deal with such animals.



ARTICLE 2

Definitions

1. The term "person" means any individual or organization which has title to or possession of the animals in question.

2. The term "competent authority" refers to that governmental agency designated by each Contracting Party to carry out the obligations of this Protocol.



ARTICLE 13

Application of Protocol

1. This Protocol shall apply to all public exhibitions, consisting of primarily captive wildlife, commonly known as zoos. Any person with a collection of animals may be considered a public exhibition even though:

(a) it is a profit or not-for-profit enterprise;

(b) the public is or is not charged an admission fee;

(c) it is open for public viewing only during portions of the year; and

(d) the wildlife are obtained from other public exhibitions of wildlife, or are the offspring of captured wildlife rather than wild-caught animals.

2. An aquarium otherwise qualifying under paragraph (1) shall be considered a public exhibition of wildlife, even if it has performing marine mammals.

3. If a collection of animals is found to qualify as a public exhibition under this Protocol, then the conditions of all animals contained in the collection, regardless of source or species, shall be governed by this Protocol.

4. The following shall not be considered public exhibition of wildlife for purposes of this Protocol:

(a) traveling carnivals, circuses and animal acts where animals are kept primarily for the purpose of performing tricks or maneuvers; and

(b) county fairs, livestock shows or other temporary gathering of primarily domestic animals.



ARTICLE 4

Domestic Implementation

1. The Contracting Parties to this Protocol shall designate a competent authority to carry out the responsibilities of this Protocol. This authority shall have the responsibility for the certification process as set out in Article 5.

2. The authority designated under paragraph 1 shall maintain an accurate public record of all persons certified as complying with the requirement of this Protocol and for which species they are certified. The Secretariat of the Protocol for the Protection of Animals shall be provided this list and shall be immediately informed of any change thereof.

3. The Contracting Parties shall provide for an appropriate process for the confiscation and forfeiture of any animals being held in violation of this Protocol and its Annex.

4. A Contracting Party may adopt stricter, more protective, domestic legislation.



ARTICLE 5

Certification Process

1. Any person who, at the time of the entry into force of this Protocol, has a public exhibition of captive wildlife within the provisions of Article 3 shall, within one year declare this to the competent authority. Any person who subsequently intends to create a public exhibition of captive wildlife shall declare this intention to the competent authority.

2. This declaration shall stipulate:

(a) the species of animals which are involved or to be involved;

(b) the person responsible and his qualifications and experience dealing with animals; and

(c) a description of the premises and equipment used or to be used.

3. The competent authority shall permit and grant certification to persons having public exhibitions of wildlife only if they possess the following:

(a) secure and appropriately designed enclosures maintained in cleanliness and in good repair;

(b) curatorial staff with professional competence to provide necessary care required under the provisions of the Protocol for the Protection of Animals, this Protocol and its Annexes;

(c) periodic veterinary inspections, a preventive medicine program, and care, as needed, for individual animals;

(d) special facilities for segregating sick, injured or other animals in distress which need to be removed from their normal enclosures;

(e) adequate protection from vandalism;

(f) adequate protection for curatorial staff and the general public;

(g) adequate shelter from weather conditions inappropriate for the species concerned;

(h) adequate ventilation and bedding;

(i) protection from both acute and chronic stress;

(j) protection from overcrowding or isolation;

(k) adequate food of appropriate types to insure both proper nutrition as well as food-related expressions of normal behavior;

(l) adequate volumes of clean water at temperatures appropriate for the species involved; and

(m) adequate separation of incompatible species within the same or adjacent enclosures.

4. The competent authority shall revoke certification for violation of the conditions set forth in paragraph 3 or the provisions of the Annex to this Protocol.


ARTICLE 6

Annex

1. The Annex to this Protocol shall contain species specific conditions for the appropriate exhibition of animals.

2. The Annex may be created and amended in accordance with provisions of Article 21 of the Convention for the Protection of Animals.



ARTICLE 7

Enforcement

1. Each Contracting Party shall require all public exhibitions of wildlife to be certified by its competent authority.

2. Each Contracting Party shall prohibit the keeping of animals in public exhibitions of wildlife which violates the standards of this Protocol and its Annex.

3. Each Contracting Party shall prohibit the importation or exportation of animals for purposes of public exhibition unless the person receiving the animal is certified by the competent authority of the importing country for the species in question.

4. If the animal is confiscated or forfeited, it should be sold to or placed with a person who is certified as being able to care for the species in question.



ARTICLE 8

Signature

1. The present Protocol shall be available for signature by all States and the European Economic Community.

2. The present Protocol shall be open for signature at

until and thereafter at

until .



ARTICLE 9

Ratification, Acceptance, Approval

The present Protocol shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of

which shall be the Depositary Government.



ARTICLE 10

Accession

The present Protocol shall be open indefinitely for accession. Instruments of accession shall be deposited with the Depositary Government.



ARTICLE 11

Entry into Force

1. The present Protocol shall enter into force 90 days after the date of deposit of the tenth instrument of ratification, acceptance, approval or accession, with the Depositary Government.

2. For each State which ratifies, accepts or approves the present Protocol or accedes thereto after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Protocol shall enter into force 90 days after the deposit by such State of its instrument of ratification, acceptance, approval or accession.



ARTICLE 12

Denunciation

Any Contracting Party may denounce the Present Protocol by written notification to the Depositary Government at any time. The denunciation shall take effect twelve months after the Depositary Government has received the notification.



ARTICLE 13

Depositary

1. The original of the present Protocol, in the English, French, and Spanish languages, each version being equally authentic, shall be deposited with the Depositary Government which shall transmit certified copies thereof to all States that have signed it or deposited instruments of accession to it.

2. The Depositary Government shall inform all signatory and acceding States and the Secretariat of signatures, deposit of instruments of ratification, acceptance, approval or accession, entry into force of the present Protocol, amendments thereto, entry and withdrawal of reservations and notifications of denunciation.

3. As soon as the present Protocol enters into force, a certified copy thereof shall be transmitted by the Depositary Government to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

In witness whereof the undersigned Plenipotentiaries, being duly authorized to that effect, have signed the present Protocol.



Protocol for the Taking of Wild Animals



 

ARTICLE 1

Operating Principles

1. The taking of wildlife is permissible only when necessary and then only to the extent necessary to accomplish the purpose desired.

2. Any taking shall be accomplished in the most humane manner possible, and only by a licensed or otherwise authorized person or agency.

3. Any taking shall be accomplished by the method which is least disruptive to animals, species and the ecosystem.



ARTICLE 2

Definitions

1. The term "take" means to pursue, hunt, shoot, kill, trap, capture, or collect wildlife or to attempt to engage in any such conduct.

2. The term "wildlife" for purposes of this protocol shall include the eggs of wildlife.

3. The term "trade" shall include import, export, transport, transshipment, purchase or sale of any wildlife, alive, dead, in whole or parts thereof.



ARTICLE 3

Method of Taking

When a Contracting Party decides that a taking of wildlife is justified, it shall authorize the use of the method of taking which shall best satisfy the following criteria:

(a) the method which will inflict the least level of pain, suffering and stress in target and non-target animals;

(b) the method which is as specific as possible for target wildlife, so as to cause the least possible harm to non-target wildlife and the natural environment;

(c) when the objective is to kill an animal, but an animal becomes injured that the animal be killed as soon as is possible; and

(d) the killing of dependent young or their mothers in the presence of each other be avoided whenever possible.



ARTICLE 4

Captured Wildlife

1. When wildlife have been captured, prior to shipment away from the area of capture, the wildlife shall be provided with adequate safe shelter, space, food and water in order to minimize the risk of mortality, pain or suffering.

2. When captured wildlife are intended to be held only on a temporary basis, wildlife should be returned or released as soon as possible after being captured.



ARTICLE 5

Domestic Implementation

1. The Contracting Parties shall adopt such domestic measures as are necessary to implement the provisions of this Protocol. A Party may adopt stricter, more protective, domestic legislation.

2. Each Contracting Party shall designate an appropriate authority to carry out the responsibilities of this Protocol.

3. The Contracting Parties shall provide a process for the confiscation and forfeiture of wildlife taken in violation of this Protocol.



ARTICLE 6

Annexes

1. Annex A of this Protocol shall contain the list of methods of taking Wildlife which shall be prohibited. A method of taking wildlife may be listed on Annex A when the method represents an unacceptably high level of risk of unnecessary mortality, pain or suffering to individual wildlife or damage to the natural environment. A method may also be listed on Annex A when there is an acceptable alternative which poses less risk than the method being listed.

2. Annex B of this Protocol shall contain a list of methods of taking wildlife which can be allowed by a state only under certain control conditions as may be stated in the Annex. A method of taking wildlife may be listed on Annex B with required pre-conditions and controls when there is either a risk that a method used may cause unnecessary mortality, pain or suffering, or that unintended but possible consequences from the use of the method present a risk of unnecessary mortality, pain or suffering of wildlife.

3. Annexes to this Protocol shall be created and changed in accordance with Article 21 of the Convention for the Protection of Animals.



ARTICLE 7

Enforcement

1. Each Contracting Party shall make unlawful the trade of any wildlife, its parts and derivatives, which is taken in violation of this Protocol and Annexes even if the violation occurs outside the national boundaries of the State.

2. Each Contracting Party is encouraged to prohibit all wildlife trade, or a portion thereof, with any State which refuses to abide by the provisions of this Protocol and Annexes.

3. Any live wildlife confiscated and forfeited because of violations of this Protocol or its Annex shall, whenever possible and appropriate, be returned to its natural habitat. In no case shall the wildlife be allowed to become an item of lawful trade. To the extent possible, the cost of return transportation shall be imposed upon those persons initiating the shipment of the wildlife, or those who violated the provisions of this Protocol.

4. Dead wildlife, its parts and derivatives, confiscated because of illegal trade, shall be destroyed unless it is used by the Contracting Party for public education or if a lawful commercial market exists for the part or derivative, in which case it may be sold, except to someone who has violated this Protocol, and the proceeds used to defray the cost incurred by the government in implementing this Protocol.

ARTICLE 8

Signature

1. The present Protocol shall be available for signature by all States and the European Economic Community.

2. The present Protocol shall be open for signature at

until and thereafter at

until .



ARTICLE 9

Ratification, Acceptance, Approval

The present Protocol shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of

which shall be the Depositary Government.



ARTICLE 10

Accession

The present Protocol shall be open indefinitely for accession. Instruments of accession shall be deposited with the Depositary Government.



ARTICLE 11

Entry into Force

1. The present Protocol shall enter into force 90 days after the date of deposit of the tenth instrument of ratification, acceptance, approval or accession, with the Depositary Government.

2. For each State which ratifies, accepts or approves the present Protocol or accedes thereto after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Protocol shall enter into force 90 days after the deposit by such State of its instrument of ratification, acceptance, approval or accession.

ARTICLE 12

Denunciation

Any Contracting Party may denounce the present Protocol by written notification to the Depositary Government at any time. The denunciation shall take effect twelve months after the Depositary Government has received the notification.



ARTICLE 13

Depositary

1. The original of the present Protocol, in the English, French, and Spanish languages, each version being equally authentic, shall be deposited with the Depositary Government which shall transmit certified copies thereof to all States that have signed it or deposited instruments of accession to it.

2. The Depositary Government shall inform all signatory and acceding States and the Secretariat of signatures, deposit of instruments of ratification, acceptance, approval or accession, entry into force of the present Protocol, amendments thereto, entry and withdrawal of reservations and notifications of denunciation.

3. As soon as the present Protocol enters into force, a certified copy thereof shall be transmitted by the Depositary Government to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

In witness whereof the undersigned Plenipotentiaries, being duly authorized to that effect, have signed the present Protocol.



Protocol for the International Transportation of Animals



 

ARTICLE 1

Operating Principles

1. The transportation of animals shall not be done in a manner or under such conditions as is likely to cause injury, damage to health, unnecessary suffering or death.

2. During the transportation process, those transportation agents with physical possession of animals shall have the legal obligation for their well-being and shall care for them in the event of any breakdown, delay or other emergency.

3. No transportation agent shall accept for shipment animals inadequately prepared for shipment, given the needs of the animal and the method of transportation.

4. During the legal formalities of custom control requirements, priority shall be given to the speedy inspection and clearance of live animal shipments.

5. The most direct, safe route of transportation of shortest duration shall be utilized in order to reduce stress and risk of injury or illness.



ARTICLE 2

Definitions

1. The term "transportation" means the entire process of preparation, loading, shipping, holding, transferring, unloading and final delivery of animals to responsible individuals at the final destination. It shall include private, as well as, commercial transportation but shall not include the movement of companion animals when done privately by their owners. It shall include all forms of transportation whether by land, sea or air.

2. The term "transportation agents" shall include both those commercial enterprises which provide any service which is a part of the transportation process, as well as any individual who is an agent of such enterprise and accepts or has responsibility for any animal on behalf of the enterprise.

3. The term "appropriate authority" refers to that governmental agency which is designated by each Contracting Party to carry out the obligations of this Protocol.

ARTICLE 3

Prohibited Conditions

1. During the process of transportation, no animal shall be subjected to the following conditions:

(a) inadequately constructed containers or insecurely fitted vehicles, vessels or aircraft in which they are transported;

(b) contact with fittings or parts of inadequately prepared vehicles or aircraft, or exposure to potentially harmful substances carried as cargo, or unhygienic or contaminated containers or cargo spaces;

(c) undue exposure to the weather, including extremes of temperature, humidity or air pressure;

(d) inadequate fresh air while stationary or in movement, or exposure to undue noise and vibration;

(e) overcrowding;

(f) inadequate supplies of water and food; or

(g) confinement with non-compatible species.

2. Animals shall not be transported under weather conditions that may involve undue risks of injury, damage to health or unnecessary suffering or death. The judgment of the person in charge of the land transport, aircraft or ship shall be considered final.



ARTICLE 4

Affirmative Obligations

1. It shall be the duty of the transportation agent or private party, when a commercial transportation is not involved, to ensure:

(a) animals are adequately watered and fed during transportation; this to include any period of waiting for loading, unloading or delay;

(b) where necessary, sufficient water and food appropriate to the species transported, shall be available in any ship, aircraft or vehicle carrying them;

(c) competent attendants are available to carry out the duties specified in (a) and (b) above and for the general care of transported animals and that veterinarians are available if the need for them arises.

2. If the above appropriate care cannot be given in conditions existing, the transportation agent or private shipper shall speedily remove the animals to a place where adequate care can be provided.



ARTICLE 5

Veterinarian Certificate

1. No transportation agent shall accept for transportation an animal without a veterinary certificate.

2. The veterinary certificate must be signed not more than 10 days prior to shipment by an individual recognized by the appropriate authority of the country of origin as having knowledge of and experience with the species being transported.

3. The veterinary certificate shall state that the animals are fit for the expected conditions of transportation and free from infectious disease.

4. Unless it is in the best interest of the animal involved, mammals that are likely to be in an advanced staged of pregnancy shall not be certified as fit for transportation. Likewise, females with nursing young or young animals incapable of feeding themselves shall also not be considered fit for transportation.



ARTICLE 6

Carriage of Animals in Container

1. No person or transportation agent shall ship or accept for shipment an animal in a container, unless the following conditions are met:

(a) the container be soundly constructed, clean, and in good repair, being unlikely to cause injury to the animals therein;

(b) the container is suitable for the species carried;

(c) the container is adequately ventilated and not overcrowded, keeping in mind the animals' sex, age and compatibility;

(d) the container permits easy access for visual inspection, and for the replenishment of such water and food as may be necessary;

(e) the container is prominently marked as holding live animals, properly labeled with the destination and consignee's address, and that all official documentation accompany the shipment so that there is no undue delay in clearance on arrival;

(f) the container bears a prominent sign showing the upright position;

(g) the container is fitted with spacer bars to prevent them from being stowed too closely together to permit the adequate circulation of air; and

(h) the container bears prominent directions for the animals care in the most appropriate languages.

2. Any individual engaging in private transportation and all transportation agents shall assure that the containers are:


(a) stowed securely preventing displacement by the motion of ships, aircraft or vehicles; and

(b) stowed so as to permit sufficient ventilation and allow unobstructed access.


3. If animals are shipped without containers, then the different species shall be separated adequately. There shall not be overcrowding or other conditions which present avoidable risk of injury, damage to health, death or unnecessary suffering.

ARTICLE 7

Injury or Sickness During Transportation

1. When animals are injured or become sick during transportation, then as soon as possible, appropriate veterinary treatment shall be made available by the animal's owner, the attendant, or the transportation agent, whomever has physical possession and control of the animal.

2. If the injury or illness is life threatening and appropriate veterinary care is unavailable within a reasonable time, then the individual having responsibility for the animal shall provide a technically qualified individual who shall provide for the animal's humane destruction.



ARTICLE 8

Domestic Implementation

1. The Contracting Parties shall adopt such domestic measures as are necessary to implement the provisions of this Protocol. Each Contracting Party shall designate an appropriate authority to carry out the responsibilities of this Protocol. A Party may adopt stricter, more protective, domestic legislation.

2. Each Contracting Party should adopt domestic legislation providing for the confiscation and forfeiture of animals imported in violation of this Protocol, regardless of where the violation occurred. Also, domestic legislation should provide for the authority of the government to stop or interrupt the transportation process whenever necessary for the health and well-being of an animal.

3. Each Contracting Party shall designate ports of entry for live animal trade. Different ports may be designated for different types of transportation and for different species.



ARTICLE 9

Annexes

1. The Annexes to this Protocol shall contain any species specific conditions of transportation which the Contracting Parties believe is necessary to establish for purpose of uniform, worldwide regulation which will benefit the animals being transported.

2. The Annexes shall be created and changed in accordance with Article 21 of the Convention for the Protection of Animals.

ARTICLE 10

Enforcement

1. Each Contracting Party shall prohibit the international transportation of any animal which is in violation of this Protocol or any Annex. Legal responsibility shall rest first upon those in charge of the animal in each phase of transportation of the animal.

2. Each Contracting Party may prohibit animal trade, or a portion thereof, with any State which refuses to comply with the provisions of this Protocol and its Annexes.

3. Any live wildlife confiscated and forfeited because of illegal transportation shall, whenever possible and appropriate, be returned to its natural habitat. In no case shall the wildlife be allowed to become an item of commercial trade. To the extent possible, the cost of return transportation shall be imposed upon those individuals initiating the shipment of wildlife or those who violated the provisions of this Protocol or an Annex.

4. Dead wildlife, its parts and derivatives, forfeited because of illegal transportation, shall be destroyed after use as evidence unless it is to be used by the Party for public education.

5. Domestic animals forfeited may be sold except to anyone who has violated this Protocol or any Annex to defray the cost incurred by the government in implementing this Protocol.



ARTICLE 11

Signature

1. The present Protocol shall be available for signature by all States and the European Economic Community.

 . The present Protocol shall be open for signature at

until and thereafter at until .



ARTICLE 12

Ratification, Acceptance, Approval

The present Protocol shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of

which shall be the Depositary Government.



ARTICLE 13

Accession

The present Protocol shall be open indefinitely for accession. Instruments of accession shall be deposited with the Depositary Government.



ARTICLE 14

Entry into Force

1. The present Protocol shall enter into force 90 days after the date of deposit of the tenth instrument of ratification, acceptance, approval or accession, with the Depositary Government.

2. For each State which ratifies, accepts or approves the present Protocol or accedes thereto after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Protocol shall enter into force 90 days after the deposit by such State of its instrument of ratification, acceptance, approval or accession.



ARTICLE 15

Denunciation

Any Contracting Party may denounce the present Protocol by written notification to the Depositary Government at any time. The denunciation shall take effect twelve months after the Depositary Government has received the notification.

ARTICLE 16

Depositary

1. The original of the present Protocol, in the English, French, and Spanish languages, each version being equally authentic, shall be deposited with the Depositary Government which shall transmit certified copies thereof to all States that have signed it or deposited instruments of accession to it.

2. The Depositary Government shall inform all signatory and acceding States and the Secretariat of signatures, deposit of instruments of ratification, acceptance, approval or accession, entry into force of the present Protocol, amendments thereto, entry and withdrawal of reservations and notifications of denunciation.

3. As soon as the present Protocol enters into force, a certified copy thereof shall be transmitted by the Depositary Government to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

In witness whereof the undersigned Plenipotentiaries, being duly authorized to that effect, have signed the present Protocol.

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