Directive 1986/609 - Approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes - Main contents

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Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes

Official Journal L 358 , 18/12/1986 P. 0001 - 0028

Finnish special edition: Chapter 15 Volume 7 P. 0157

Swedish special edition: Chapter 15 Volume 7 P. 0157

COUNCIL DIRECTIVE

of 24 November 1986

on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes

(86/609/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas there exist between the national laws at present in force for the protection of animals used for certain experimental purposes disparities which may affect the functioning of the common market;

Whereas, in order to eliminate these disparities, the laws of the Member States should be harmonized; whereas such harmonization should ensure that the number of animals used for experimental or other scientific purposes is reduced to a minimum, that such animals are adequately cared for, that no pain, suffering, distress or lasting harm are inflicted unnecessarily and ensure that, where unavoidable, these shall be kept to the minimum;

Whereas, in particular, unnecessary duplication of experiments should be avoided,

• (1) 

  OJ N° C 351, 31. 12. 1985, p. 16.

• (2) 

  OJ N° C 255, 13. 10. 1986, p. 250.

• (3) 

  OJ N° C 207, 18. 8. 1986, p. 3.

HAS ADOPTED THIS DIRECTIVE:

Article 1

The aim of this Directive is to ensure that where animals are used for experimental or other scientific purposes the provisions laid down by law, regulation or administrative provisions in the Member States for their protection are approximated so as to avoid affecting the establishment and functioning of the common market, in particular by distorsions of competition or barriers to trade.

Article 2

For the purposes of this Directive the following definitions shall apply:

(a)

'animal' unless otherwise qualified, means any live non-human vertebrate, including free-living larval and/or reproducing larval forms, but excluding foetal or embryonic forms;

(b)

'experimental animals' means animals used or to be used in experiments;

(c)

'bred animals' means animals specially bred for use in experiments in facilities approved by, or registered with, the authority;

(d)

'experiment' means any use of an animal for experimental or other scientific purposes which may cause it pain, suffering, distress or lasting harm, including any course of action intended, or liable, to result in the birth of an animal in any such condition, but excluding the least painful methods accepted in modern practice (i.e. 'humane' methods) of killing or marking an animal; an

experiment starts when an animal is first prepared for use

and ends when no further observations are to be made for that experiment; the elimination of pain, suffering,

distress or lasting harm by the successful use of anaesthesia or analgesia or other methods does not place the use of an animal outside the scope of this definition. Non experimental, agricultural or clinical veterinary practices are excluded;

(e)

'authority' means the authority or authorities designated by each Member State as being responsible for supervising the experiments within the meaning of this Directive;

(f)

'competent person' means any person who is considered by a Member State to be competent to perform the relevant function described in this Directive;

(g)

'establishment' means...

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