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Germany

Animal Welfare Act

Statute Details
Printable Version
Citation: Federal Law Gazette I, p. 1094

Citation: Federal Law Gazette I, p. 1094


Last Checked by Web Center Staff: 10/2010

Summary:   This is the primary piece of animal welfare legislation in Germany. It enforces the utilitarian principle that there must be good reason for one to cause an animal harm and identifies that it is the responsibility of human beings to protect the lives and well-being of their fellow creatures. For a discussion on the German Animal Welfare Act as compared to other European and United States animal welfare laws, see Detailed Discussion.


Statute in Full:
 

 Section I: Principles

Article 1

The aim of this Act is to protect the lives and well-being of animals, based on the responsibility of human beings for their fellow creatures. No one may cause an animal pain, suffering or harm without good reason.

 Section II: Animal Husbandry

Article 2

Any person keeping, caring for or required to care for an animal:

1. must provide the animal with food, care and housing appropriate to its species, its requirements and behaviour;

2. may not restrict the animal's possibility of species-specific freedom of movement to such an extent as to cause the animal pain or avoidable suffering or harm;

3. must possess the knowledge and skills necessary for providing the animal with adequate food, care and housing in accordance with its behavioural requirements.

Article 2a

(1) The Federal Ministry of Food, Agriculture and Forestry, hereinafter referred to as "the Federal Ministry", shall hereby be empowered, if required for the welfare of animals, to issue ordinances, with the consent of the Bundesrat, specifying in greater detail the requirements of Article 2 regarding animal husbandry and shall, in particular, issue provisions on requirements regarding:

1. the animals' freedom of movement or need for company;

2. rooms, cages, other containers and other facilities for housing animals and the nature of any tethers, feeding and drinking facilities;

3. the lighting conditions and temperature of the animal housing;

4. the care and supervision of the animals. The Federal Ministry may order that the results of monitoring shall be recorded, kept and presented to the competent authority on request;

5. the knowledge and skills of persons keeping, caring for or required to care for animals and the proof of such knowledge and skills of persons keeping, caring for or required to care for animals for commercial purposes.

(1a) The Federal Ministry shall be empowered, with the consent of the Bundesrat, if required for the welfare of animals, to issue ordinances stipulating the requirements regarding the aims, equipment and methods in the instruction, education or training of animals.

(2) The Federal Ministry shall be empowered, in agreement with the Federal Ministry of Transport, to issue ordinances, with the consent of the Bundesrat, regarding the transport of animals if required for the welfare of the animals.

It may, in particular,

1. lay down requirements

a) regarding the transportability of animals;

b) regarding the means of transport for animals;

1a. to prohibit or restrict specific means and modes of transport for the carriage of specific animals, in particular c.o.d. consignments;

2. to prescribe specific means and modes of transport for the carriage of specific animals;

3. to prescribe that specific animals must be accompanied by a keeper during transport;

3a. to prescribe that persons carrying out animal transports or who are involved in them have specific knowledge and skills and must be able to prove them;

4. to issue provisions governing the loading, unloading, housing, feeding and care of animals;prescribe specific certificates, statements or notifications as a prerequisite  for carrying out animal transports as well as to regulate their issuance and   filing;  to prescribe that persons professionally engaged in carrying out animal  transports require a licence by the competent authority or must be registered   with the competent authority as well as to regulate the prerequisites and  procedure of licensing and registration;  to prescribe that persons intending to feed, care for or accommodate animals  during transport in a facility or firm require a licence by the competent  authority and to regulate the prerequisites and procedure of licensing, to the extent that this is required for the implementation of legal instruments by  the European Community.

 Article 3

It shall be prohibited:

1. to require an animal to produce performances clearly beyond its strength or capacity, in view of its condition, save in emergencies;

1a. to require an animal, which has been subject to operations or treatments covering a performance-reducing physical condition, to produce performances its physical condition do not allow;

1b. to perform procedures on an animal during training or sport competitions or similar events involving severe pain, suffering or harm which could impair the performance of the animals as well as to dope animals in sport competitions or similar events;

2. to sell or buy an ill, a diseased, worn-out or old animal kept in a home, on a holding or otherwise in human care, incapable of surviving without irremediable pain or suffering, other than for the purpose of painlessly putting down the animal without delay. This shall not apply to direct sale of a diseased animal to a person or establishment which has been granted authorization under Article 8 and, in the case of a vertebrate, an exemption under Article 9, paragraph 2 (7), second sentence for experiments on such animals;

3. to abandon or leave an animal kept in a home, on a holding or otherwise in human care to get rid of it or to shirk the duty of keeper or caretaker;

4. to release into the wild or settle an animal bred or brought up in captivity and unprepared to feed itself in its new habitat in a species-adequate manner and unadapted to the climate there; the provisions under hunting and nature conservation law shall remain unaffected;

5. to subject an animal to training causing the animal severe pain, suffering or harm;

6. to use an animal for filming, exhibition, advertising or similar events causing the animal pain, suffering or harm;

7. to train or test an animal for strength against another living animal;

8. to set one animal on another save where the rules of sportsmanlike hunting require;

8a. to train or break an animal to develop such an aggressive behaviour that it

a) causes the animal pain, suffering or harm or

b) causes the animal or a conspecific pain or avoidable suffering or harm in any species-specific contact with conspecifics;

c) allows its keeping only under conditions, which cause the animal pain or

avoidable suffering or harm;

9. to force-feed an animal save for essential health reasons;

10. to give an animal food causing the animal severe pain, suffering or harm;

11. to use a device which by applying direct electrocution considerably restricts the species-specific behaviour of an animal, in particular its movement, or forces it to move thereby causing the animal considerable pain, suffering or harm, unless federal or Land provisions authorize such practices.

Section III: Killing

Article 4

(1) Vertebrates may be killed only under anaesthetic or painlessly where reasonable under the circumstances. Where killing of a vertebrate without anaesthetic is authorized, either as part of sportsmanlike hunting or pursuant to other provisions, or forms part of a permissible pest control campaign, the killing may be carried out only if it causes no more than unavoidable pain. Only persons with the requisite expertise and skills may kill a vertebrate.(1a) Persons professionally or commercially engaged in stunning or killing vertebrates have to furnish proof of such expertise to the competent authority. If poultry is stunned or killed within the framework of an activity under the first sentence in the presence of a supervisor this person shall also furnish proof of expertise apart from the person stunning or killing the animals. If within the framework of such an activity under the first sentence fish are stunned or killed in the presence of a supervisor, it shall be sufficient that he furnishes proof of expertise.

(2) Article 4a shall apply to the slaughter of warm-blooded animals.

(3) Articles 8b, 9 paragraph 2, second sentence shall apply to the killing of vertebrates for scientific purposes and Article 9, paragraph 2 (7) shall apply to dogs, cats, monkeys and lemurs mutatis mutandis.

Article 4a

(1) Warm-blooded animals may be slaughtered only if stunned before exsanguination.

(2) By way of derogation from paragraph (1), no stunning shall be required if:

1. it is impossible under the circumstances in the case of an emergency slaughter;

2. the competent authority have granted an exemption for slaughter without stunning (ritual slaughter); this exemption may be granted only where necessary to meet the requirements of members of religious communities in the territory covered by this Act whose mandatory rules require ritual slaughter and prohibit consumption of meat of animals not slaughtered in this way;

3. this is meant as an exemption by ordinance under Article 4b (3).

Article 4b

The Federal Ministry shall be empowered, with the consent of the Bundesrat, by ordinance:

1. a) to govern the slaughter of fish and other cold-blooded animals;

b) to lay down detailed rules governing, prescribing, authorizing or prohibiting specific forms of killing and methods of anaesthetization;

c) to lay down in greater detail the conditions under which the slaughters provided for in Article 4a, paragraph 2 (2) may be carried out;

d) to lay down detailed rules on the type and scope of the knowledge and skills required for the anaesthetization or killing of vertebrates as well as on the procedure for proving them;

e) to stipulate non-commercial activities requiring the acquisition of proof of expertise for the killing of vertebrates;to ensure that only unavoidable pain is inflicted on the animals;

2. to lay down detailed rules governing the slaughter of animals in line with the European Convention of 10 May 1979 for the Protection of Animals for Slaughter (Federal Law Gazette 1983 II, p. 770);

3. to stipulate exemptions from the stunning obligation for the slaughter of poultry.

Ordinances pursuant to the first sentence (1b and 1d) require, if they refer to the anaesthetization or killing by means of hazardous substances or preparations as defined in the Act on Chemicals or related prerequisites for the acquisition of proof of expertise, the agreement of the Federal Ministries of Labour and Social Affairs, of Health as well as of the Environment, Nature Conservation and Reactor Safety.

Section IV: Operations on Animals

Article 5

(1) Painful operations may not be carried out on vertebrates without anaesthetic. In the case of warm-blooded vertebrates as well as amphibians and reptiles, the anaesthetic shall be administered by a veterinarian. Whenever evidence can be furnished that there is good reason to do so, the competent authority may grant exemptions from the second sentence if the anaesthetic is administered in cartridge form. If anaesthetization is unnecessary under paragraphs 2, 3 and 4 (1), all possibilities shall be exhausted to reduce the pain and suffering of animals.

(2) No anaesthetization shall be required if:

1. no anaesthetic is usually administered for comparable operations on human beings or the pain caused by the operation is less than the impairment of the animal's well-being caused by anaesthetization;

2. in the opinion of the veterinarian, it does not seem possible to administer anaesthetic in the specific case in point.

(3) In addition, no anaesthetization shall be required for:

1. the castration of male cattle, pigs, sheep and goats under four weeks of age provided their anatomy shows no signs of deviation from normal;

2. the removal of horns or prevention of horn growth in cattle under six weeks of age;

3. the docking of tails of piglets under four days old or lambs under eight days old;

4. the docking of tails of lambs under eight days old using elastic rings;

5. the grinding down of corner teeth of piglets if this is indispensable for the protection of the dam and the litter-mates;

6. the separation of the claw-bearing last toe of broiler chicks to be used as breeding cockerel chicks on the first day of their life;

7. the identification of pigs, sheep, goats and rabbits by ear tattooing, for the identification of other mammals during the first two weeks of life by ear and thigh tattooing as well as the identification of farm animals, including horses, by ear tags, wing tags, injected microchips, except for poultry, by slap marks in the case of pigs and the branding of horses‘ thighs.

(4) The Federal Ministry shall be empowered with the consent of the Bundesrat to issue ordinances

1. in addition to paragraph 3 to exempt further measures from the anaesthetization obligation if this is in line with Article 1;

2. to prescribe, authorize or prohibit procedures and methods for implementing the measures listed in paragraph 3 as well as pursuant to an ordinance under (1) to prescribe, authorize or prohibit specific measures, to the extent that this is necessary for animal welfare.

Article 6

(1) The amputation of all or part of parts of the body or the removal or destruction of all or parts of organs or tissues of a vertebrate shall be prohibited. This prohibition shall not apply if:

1. the operation in the specific case

a) is necessary according to veterinary indication or

b) is essential in the case of hounds for the intended use of the animals and there are no objections by the veterinarian;

2. the case falls under Article 5, paragraph 3 (1) or (7);

3. the case falls under Article 5, paragraph 3 (2) to (6) and the operation in the individual case is essential for the intended use of the animal with respect to its protection or the protection of other animals;

4. removal of all or part of organs or tissues is required for transplantation purposes or to establish cultures or to examine individual organs, tissues or cells;

5. a sterilization is performed to prevent the uncontrolled reproduction of the animal or - if there are no objections on the part of the veterinarian - for the further use or keeping of the animal.

The operations referred to in the second sentence (1) and (5) shall be performed by a veterinarian. The operations referred to in the second sentence, (2) and

(3) as well as paragraph 3 may be carried out by other persons with the requisite expertise and skills. For the operations referred to in the second sentence (4), Articles 8b, 9, paragraph 1, sentences 1, 3 and 4, paragraph 2, except for the third sentence (6), paragraph 3, first sentence as well as Article 9a shall apply mutatis mutandis. The operations shall be notified to the competent authority two weeks at the latest before the operation begins. This time limit need not be observed if the operation must immediately be performed in emergencies. The notification shall then be sent immediately afterwards. The competent authority may extend the time limit referred to in the fifth sentence up to four weeks, if required. The notification shall indicate:

1. the purpose of the operation;

2. species and number of the animals intended for the operation;

3. the type of operation, and procedure to be used, including anaesthetization;

4. place, beginning and likely duration of the operation;

5. name, address and expertise of the responsible head of the project, his deputy and of the person carrying out the project as well as the eligible persons for after-treatment;

6. the reasons for the operation.

(2) The use of elastic rings for amputation or castration shall be prohibited. This shall not apply in the case referred to in Article 5, paragraph 3 (4) or in Article 6, paragraph 3 (2).

(3) By way of derogation from paragraph 1, first sentence, the competent authority may authorize

1. the clipping of the beak point of poultry;

2. the docking of the fibrous tag of male calves under three months of age by means of elastic rings.

The authorization may only be granted if it can be substantiated that the operation is essential for the intended use in view of animal welfare. The authorization shall apply for a fixed period and shall contain in the case of

(1) provisions regarding the type, scope and time of the operation and the person performing the operation.

(4) The Federal Ministry shall be empowered, with the consent of the Bundesrat to issue ordinances prescribing the permanent identification of animals on which not clearly visible operations have been performed if this is required for animal welfare.

(5) In the case referred to in paragraph 1, second sentence (3) it shall be substantiated to the competent authority upon request that the operation is essential for the intended use.

 Article 6a

The provisions of this Section shall not apply to experiments on animals, to operations for educational, training and further training purposes and to operations for the manufacture, production, conservation and propagation of substances, products or organisms.

Section V: Experiments on Animals

Article 7

(1) For the purpose of this Act "Experiments on animals" means any operation or treatment for experimental purposes

1. on animals which may cause these animals pain, suffering or harm or

2. on the animal genotype which may cause the genetically modified animals, or their carrier animals pain, suffering or harm.

(2) Experiments may only be carried out on animals if they are indispensable for one of the following purposes:

1. the prevention, diagnosis or treatment of diseases, suffering, bodily defects or other abnormalities or the detection or exertion of influence of physiological conditions or functions in human beings or animals;

2. the detection of environmental hazards;

3. the testing of substances or products to ensure that they are safe in terms of human or animal health or that they are effective against animal pests;

4. basic research.

The decision whether experiments on animals are indispensable shall be based in particular on the scientific findings available at the time and on checks whether the same purpose can be achieved by other methods or procedures.

(3) Experiments may be carried out on vertebrates only if the pain, suffering or harm they can be expected to inflict on the laboratory animals is ethically justifiable in view of the purpose of the experiment. Experiments causing lasting or repeated severe pain or suffering to vertebrates may be carried out only if the results are expected to be of outstanding importance for the fundamental needs of human beings or animals, including the solution of scientific problems.

(4) Experiments on animals to develop or test weapons, ammunition and related equipment shall be prohibited.

(5) In principle, experiments on animals to develop tobacco products, detergents and cosmetics shall be prohibited. The Federal Ministry shall be empowered, with the consent of the Bundesrat, by ordinance to stipulate exemptions in the case of cosmetics in agreement with the Federal Ministry of Health, wherever necessary to

1. avoid specific health hazards and wherever there is no other way of obtaining the new findings required or

2. implement legal instruments of the European Community.

Article 8

(1) Any person wishing to conduct experiments on vertebrates must obtain authorization of the planned experiment from the competent authority.

(2) The application for authorization of the planned experiment must be submitted to the competent authority in writing. The application must:

1. set out scientific evidence substantiating that the conditions laid down in (1) of paragraph 3 have been met;

2. demonstrate that the conditions laid down in (2) to (4) of paragraph 3 have been met;

3. set out that the conditions laid down in (5) of paragraph 3 have been met.In addition, the application must contain the data mentioned in (1) to (5) of Article 8a, paragraph 2.

(3) Authorization shall be granted only if and when:

1. scientific evidence is produced that:

a) the conditions laid down in Articles 7, paragraphs 2 and 3 have been met;

b) not enough is known about the test result aimed at despite exhausting all accessible sources of information or a repeat or duplicate experiment is essential to confirm a result which is sufficiently known;

2. the head of the experiment and his deputy possess the requisite expertise, particularly with respect to the supervision of animal experiments and there are no facts casting doubt on their reliability;

3. the requisite installations, equipment and other technical resources are available together with the personnel and organization for conducting experiments on animals, including the activities of the animal welfare officer;

4. it can be ensured that the animals' accommodation, care, supervision and medical attention satisfying the requirements laid down in Article 2;

5. Articles 9, paragraphs 1 and 2 and 9a can be expected to be observed.

(4) The notice of authorization shall state the head of the experiment and his deputy. The authorization holder shall inform the competent authority immediately of any change of head of the experiment or deputy; the authorization shall remain valid unless revoked within one month.

(5) The authorization shall apply for a limited period. In the case referred to in paragraph 5a, first sentence, the expected duration of the planned experiment mentioned in the application shall apply.

(5a) The authorization shall be deemed to be granted if the authority has not made a written decision on the application within a period of three months, in the case of experiments on anaesthetized animals to be killed during anaesthetization within a period of two months. The competent authority may extend the period of two months if required up to three months after hearing the applicant. In calculating the period, the times shall not be considered during which the applicant did not meet the requirements under paragraph 2 despite written request of the competent authority. The authorization under the first sentence may subsequently be made subject to requirements if this is required to meet the conditions of paragraph 3.

(6) If the authorization is granted to a university or other such establishment, the persons conducting the experiments on animals must be employed at the establishment or authorized to use the establishment by the director in charge.

(7) No authorization shall be required for planned experiments

1. expressly required:

a) by an act, an ordinance or the Pharmacopoeia or directly applicable legal instrument issued by an institution of the European Communities;

b) by general administrative provisions issued by the Federal Government or by a Federal Ministry, with the consent of the Bundesrat, in line with Articles 7, paragraphs 2 and 3 or

c) by order of a judge or an authority, based on a law, ordinance or directly applicable legal instrument issued by an institution of the European Communities or in individual cases as a prerequisite for the issue of administrative acts;

2. taking the form of vaccinations, withdrawal of blood samples or any other diagnostic measures in line with proven methods and

a) serving to detect, in particular, diseases, suffering, bodily defects or other abnormalities in human beings or animals or

b) serving to test serums, blood preparations, vaccines, antigens or test allergens within the framework of authorization procedures or batch tests.

In addition, the authorization does not require any changes in authorized planned experiments if

1. the purpose of the planned experiment remains the same;

2. the laboratory animals do not sustain any more pain, suffering or harm;

3. there is no major increase in the number of laboratory animals and

4. these changes had been notified to the competent authority beforehand;

Article 8a, paragraphs 2 and 5 shall apply mutatis mutandis.

Article 8a

(1) Any person intending to conduct experiments on vertebrates for which no authorization is required or on cephalopods or decapods shall notify the planned experiment to the competent authority at least two weeks before the experiment begins. This time limit need not be observed in emergencies where the experiment must be carried out immediately. In this case notification shall be sent immediately afterwards. The time limit referred to in the first sentence may be extended by the competent authority, if required, to up to four weeks.

(2) The notification shall indicate:

1. the purpose of the planned experiment;

2. the species and, in the case of vertebrates, also the number of animals to be used for the planned experiment;

3. the type of animal experiments planned and the procedures to be used, including anaesthetization;

4. the place, beginning and likely duration of the planned experiment;

5. the name, address and expertise of the head of the experiment in charge, of his deputy and of the person performing the experiment as well as of the eligible persons for after-treatment;

6. in the case of planned experiments pursuant to Article 8, paragraph 7 (1) the legal basis for exemption from authorization.

(3) If several experiments of the same type are planned, notification of the first shall suffice, provided the notification indicates the expected number of planned experiments. At the end of each year the competent authority shall be informed of the number of experiments conducted and, in the case of vertebrates, of the type and total number of animals used.

(4) Should the details listed in paragraph 2 change in the course of the experiment, the competent authority must be notified of the changes immediately unless the changes make no difference to the supervision of the experiment.

(5) The competent authority shall prohibit experiments on animals if the facts justify the assumption that the observance of Articles 7, paragraphs 2 or 3, 8b, paragraphs 1, 2, 4, 5 or 6 or 9, paragraphs 1 or 2 cannot be ensured and this defect cannot be remedied within the time limit set by the competent authority.

(6) The Federal Ministry shall be empowered by ordinance, with the consent of the Bundesrat, to extend the notification requirement under paragraph 1 to experiments on other invertebrates, if this is required for the welfare of animals of a corresponding sensory development stage as vertebrates.

Article 8b

(1) Heads of institutions, where experiments are conducted on vertebrates, shall appoint one or more animal welfare officers and notify each appointment to the competent authority. The notification shall also indicate the position and powers of the animal welfare officer under paragraph 6, third sentence of this Article.

(2) Only persons who have completed university studies of veterinary medicine, medicine or biology (spezializing in zoology) may be appointed as animal welfare officers. They must possess the expertise and reliability needed to discharge their tasks. In individual cases the competent authority may grant exemptions from the first sentence.

(3) The animal welfare officer shall be obliged:

1. to ensure that the provisions, conditions and requirements shall be observed in the interest of animal welfare;

2. to advise the institution and the staff involved in animal experiments and the keeping of laboratory animals;

3. to give his opinion on each application for authorization to conduct an experiment on animals;

4. to work towards the development and introduction of procedures and means for avoiding or reducing experiments on animals inside the institutions.

(4) If the animal welfare officer conducts an experiment himself, another animal welfare officer must supervise the planned experiment.

(5) The institution must support the animal welfare officer in the performance of his tasks and inform him of every planned experiment so that he can carry out his duties without restriction.

(6) The animal welfare officer shall not be bound by any instructions when fulfilling his tasks. He may not be discriminated against because of the performance of his tasks. His position and powers shall be laid down by statute, by internal instructions or in a similar form. In the process steps shall be taken to ensure that the animal welfare officer can voice his proposals or reservations directly before the decision-making body in the institution. If several animal welfare officers are appointed, the scope of duties of each shall be clearly defined.

Article 9

(1) Only persons with the requisite expertise may conduct experiments on animals. Furthermore, only persons who have completed university studies of veterinary medicine or medicine or natural sciences or persons, who demonstrably possess the requisite expertise due to vocational qualifications, may conduct experiments on vertebrates, with the exception of the experiments covered by Article 8, paragraph 7 (2). Animal experiments involving surgical operations on vertebrates may be performed only by persons who have completed university studies in:

1. veterinary medicine or medicine or

2. biology (specializing in zoology), provided these persons are employed at universities or other scientific establishments.

The competent authority may grant exemptions from the provisions in the second and third sentences if proof of the requisite expertise can be furnished in another way.

(2) Experiments on animals shall be limited to the absolute minimum. In performing them account shall be taken of scientific knowledge. The following conditions shall apply, in particular:

1. Experiments may be carried out on animals with more highly developed sensory systems, and in particular on warm-blooded animals, only when experiments on animals with less developed sensory systems will not suffice for the purpose. Experiments may be carried out on animals taken from the wild only if experiments on other animals will not suffice for the purpose.

2. No more animals than necessary to achieve the purpose of the experiment may be used.

3. Pain, suffering or harm may be inflicted on the animals only in so far as unavoidable to attain the purpose of the experiment. They may not be inflicted, in particular, to save work, time or costs.

4. Subject to the provisions of the fourth sentence of this paragraph, experiments may be conducted on vertebrates only under anaesthetic. The anaesthetic may be administered only by, or under the supervision of, a person meeting the conditions laid down in sentences 1 and 2 of paragraph 1. If the vertebrate is likely to suffer considerable pain when the anaesthetic wears off, the animal must be treated with pain-killing drugs in good time, unless this is incompatible with the purposes of the experiment. Vertebrates which have not been anaesthetized may:

a) not be subjected to operations causing serious injuries;

b) only be subjected to an operation if the resultant pain is less serious than

the impairment of the laboratory animal's well-being caused by the anaesthetic or if the purpose of the experiment excludes anaesthetization.

Vertebrates, which have not been anaesthetized, may only be subjected once to an operation or treatment entailing severe pain unless there is no other way of attaining the purpose of the experiment. Vertebrates, which have not been anaesthetized, may not be given any drug to stop or restrict them from showing their pain.

5. Vertebrates subjected to serious operations or used for an experiment entailing severe or lasting pain or suffering or serious harm may not be used for any further experiments unless their general state of health and well-being have been fully restored and the further experiment

a) entails no suffering or harm and only minor pain or

b) is performed under anaesthetic and the animal is killed under this anaesthetic.

6. Animals used in experiments to determine the lethal dose or lethal concentration of a substance shall be put down painlessly as soon as it becomes clear that they are dying under the action of the substance.

7. Vertebrates, except horses, cattle, pigs, sheep, goats, chicken, pigeons, turkey, ducks, geese and fish, may be used in experiments on animals only if they have been bred for such a purpose. If compatible with animal welfare, the competent authority may grant exemptions from this provision if no animals of the species in question specifically bred for experimental purposes are available for the experiment or if the purpose of the experiment demands the use of animals of other origin.

8. At the end of the experiment every surviving monkey, lemur, soliped or cloven-hoofed animal, dog, hamster, cat, rabbit and guinea pig used shall be presented to a veterinarian for examination without delay. If the veterinarian concludes that the animal cannot survive without pain or suffering, the animal shall be put down painlessly without delay. Animals other than those specified in the first sentence shall also be put down painlessly without delay if deemed necessary by the person performing the experiment. Animals to be kept alive at the end of the experiment must receive the care appropriate to their state of health, be placed under the supervision of a veterinarian or another qualified person and be given any medical care that might be necessary.

(3) The head of the experiment or his deputy shall be responsible for the observance of the provisions laid down in paragraphs 1 and 2. The same shall apply to fulfilment of any requirements attached to the authorization in line with Article 8.

 Article 9a

(1) Records shall be kept of all experiments on animals. The records must state the purpose of each experiment, in particular the reasons for allowing experiments on animals with more highly developed sensory systems in line with Article 9, paragraph 2 (1), the number and designation of the animals used and the nature and procedure of the experiments. Whenever vertebrates are used, details of their origin, including the name and address of the previous owner, shall also be given. Where cats and dogs are concerned, details of their sex, breed, coat type and pattern and any identifying markings must also be given. The records must be signed by the persons performing the experiments and the head of the experiment. Records drawn up automatically need not be signed. The records shall be kept for three years after the end of the experiment and shall be submitted to the competent authority for inspection on request.

 Section VI: Operations and Treatment for Purposes of Education, Training and FurtherTraining

Article 10

(1) Operations or treatment causing animals pain, suffering or harm may be carried out for purposes of education, training and further training only:

1. at a university, another scientific establishment or a hospital or

2. as part of a vocational or further training course for medical or scientific ancillary professions.They may be performed only when there is no other way of attaining the same purpose, for example, by showing films. Reasons shall be given to the competent authority on request why the purpose of the operations or treatment cannot be attained in any other way.

(2) Articles 8a, 8b, 9, paragraphs 1 and 2 and 9a shall apply mutatis mutandis to operations or treatment for educational or training purposes. Article 8a, paragraph 1, first sentence, shall apply mutatis mutandis provided that notification shall be given of the operations or treatment before they are included in the curriculum or before the curriculum is changed. Article 9, paragraph 1 shall apply mutatis mutandis provided that the operations and treatments are only performed by, or under the supervision or in the presence of the persons named therein or under the supervision of a qualified person authorized by the person responsible for the respective course.

(3) The head of the education, training and further training courses or his deputy shall be responsible for ensuring compliance with paragraphs 1 and 2.

Section VII: Operations and Treatment for the Manufacture, Production, Storage and Propagation of Substances, Products or Organisms

Article 10a

Operations and treatments involving pain, suffering or harm may only be performed on vertebrates for the manufacture, production, storage or propagation of substances, products or organisms if the conditions set out in Article 7, paragraphs 2 and 3 exist. Persons intending to perform operations or treatments, shall notify them to the competent authority two weeks before the beginning at the latest. The authority may shorten the time limit upon request. Article 8a, paragraphs 2 to 5, 8b, paragraph 1, first sentence, paragraph 2, third sentence

(1) and 9a shall apply mutatis mutandis.

Section VIII: Animal Breeding and Husbandry and Trade in Animals

Article 11

(1) Any person intending to breed or keep

1. vertebrates

a) for experimental purposes under Article 9, paragraph 2 (7) or for the purposes referred to in Article 6, paragraph 1, second sentence (4), Article 10, paragraph 1 or Article 10a or

b) for a purpose referred to in Article 4, paragraph 3;

2. to keep animals for other people in an animal home or a similar establishment;

2a. to keep animals in a zoological garden or another establishment where animals are kept and displayed.

2b. to train dogs for third parties for purposes of protection or to run facilities for this,

2c. to carry out animal markets for the purposes of exchanging or selling animals by third persons or

3. on a commercial basis

a) breed or keep vertebrates, other than farm animals;

b) trade in vertebrates;

c) to run a riding or carriage business;

d) to exhibit animals or to provide animals for such purposes or

e) to control vertebrates as harmful animalsrequires the permission of the competent authority.

The application for authorization must indicate:

1. the species of the animals concerned;

2. the person responsible for the activity;

3. the premises and establishments in the cases referred to in sentence 1 (1) to (3a to d) and in the case of sentence 1 (3e) the facilities as well as substances and preparations destined for the activity.Evidence of the expertise referred to in paragraph 2 (1) shall be attached to the application.

(2) Authorization shall be granted only if:

1. the person responsible for the activity has acquired the requisite skills and expertise through training or previous professional or other experience with animals, with the exception of the cases referred to in paragraph 1, first sentence (2c); proof of this shall be furnished to the competent authority in a technical discussion;

2. the person responsible for the activity has shown the requisite reliability;

3. the premises and establishments to be used for the activity allow the animals to receive the appropriate feeding, care and accommodation required by Article 2 and

4. the facilities and substances or preparations to be used are suitable for a humane control of the vertebrates concerned in the cases referred to in paragraph 1, first sentence (3e); this shall not apply to facilities, substances or preparations authorized or prescribed for this purpose under other provisions.

(2a) The authorization may be granted with time limits, conditions and requirements as required for animal welfare. The following requirements may be ordered, in particular

1. an obligation to identify the animals as well as to keep a livestock book;

2. a limitation of the animals according to species, genus or number;

3. a regular training or further training;

4. a ban on using the animals for begging;

5. with respect to establishments with changing locations the immediate notification to the authority responsible for the place of activity;

6. the prevention of the reproduction of the animals.

(3) The activity referred to in the first sentence of paragraph 1 may not be exercised until authorization has been granted. The competent authority shall prohibit anyone not holding an authorization from exercising the activity.

(4) The competent authority may also close business premises or offices to prevent those from exercising the activities banned under paragraph 3, second sentence.

(5) Persons professionally trading in vertebrates shall ensure that their salespersons, with the exception of trainees, have furnished evidence of their expertise based on their training, previous professional or other handling of animals or relevant instruction, before taking up this activity.

 Article 11a

(1) Any person breeding, keeping or trading in vertebrates

1. under Article 9, paragraph 2 (7) for experimental purposes or for the purposes referred to in Article 6, paragraph 1, second sentence (4), Article 10, paragraph 1 or Article 10a or

2. under Article 4, paragraph 3 for the purpose referred to thereshall keep records of the origin and whereabouts of the animals for three years. This shall not apply to wild vertebrates for which corresponding records are already required under the laws on hunting or nature conservation.

(2) Persons breeding dogs or cats for sale or use for one of the purposes mentioned in paragraph 1, first sentence shall permanently identify the animals before weaning from their dams so that their identity can be established. Monkeys or lemurs must also be permanently identified after weaning or removal from their social groups. Anyone acquiring cats, dogs, monkeys or lemurs without identification with a view to their sale or use for one of the purposes referred to in paragraph h 1, first sentence, shall furnish proof that these animals are bred specifically for such purposes and shall identify them without delay.

(3) The Federal Ministry shall be empowered to issue by ordinance with the consent of the Bundesrat regulations on the type and extent of the records and identification. It may make provisions for records based on other legal provisions than pursuant to the first sentence.

(4) Persons intending to import vertebrates for use as experimental animals or for the purposes referred to in Article 6, paragraph 1, second sentence (4), Article 10, paragraph 1 or Article 10a or intending to import vertebrates from third countries under Article 4, paragraph 3 for the purpose mentioned there, require the authorization of the competent authority. The authorization shall be granted if it can be proved that the conditions of Article 9, paragraph 2 (7) are met.

Article 11b

(1) It shall be prohibited to breed vertebrates or to change them through procedures of biotechnology or genetic engineering if it must be expected that the offspring, the animals altered by biotechnology or genetic engineering or their offspring due to hereditary factors are lacking parts of the body or organs for species-specific use or they are unfit or deformed thereby causing pain, suffering or harm.

(2) It shall be prohibited to breed vertebrates or to change them through procedures of biotechnology or genetic engineering if it must be expected that in the offspring

a) behavioural abnormalities will occur entailing suffering or increased aggressiveness caused by hereditary factors or

b) each species-specific contact with conspecifics causing pain or avoidable suffering or pain to them or a conspecific or

c) their keeping is only possible under conditions causing them pain or avoidable suffering or harm.

(3) The competent authority may order the sterilization of vertebrates if it must be expected that their offspring will show abnormalities or deformations as set out in paragraphs 1 or 2.

(4) The paragraphs 1, 2 and 3 shall not apply to vertebrates changed through breeding or procedures of biotechnology or genetic engineering, which are necessary for scientific purposes.

(5) The Federal Ministry shall be empowered by ordinance, with the consent of the Bundesrat, if required for animal welfare, to specify in detail the hereditary defects, behavioural abnormalities and increased aggressiveness pursuant to paragraphs 1 and 2 prohibiting or restricting, in particular, specific forms of breeding and breed characteristics.

Article 11c

It shall be prohibited to supply vertebrates to children or adolescents under 16 years of age without the consent of the parent or guardian.

Section IX: Ban on Import, Movement and Keeping

Article 12

(1) Vertebrates showing signs of harm presumably caused by actions violating animal welfare may not be kept or displayed. Details shall be laid down by ordinance pursuant to paragraph 2, first sentence (4) or (5).

(2) The Federal Ministry shall be empowered by ordinance, with the consent of the Bundesrat, if required for animal welfare,

1. to make the movement of animals or products of animal origin from a non-EEC state onto the national territory (importation) subject to the compliance with minimum requirements regarding animal keeping or the killing of animals and to relevant certification as well as to regulate its contents, form, issuance and filing;

2. to make the importation of specific animals subject to an authorization;

3. to prohibit the movement of specific animals from the national territory to another state;

4. to prohibit the movement of vertebrates onto the national territory or their keeping, in particular the display of vertebrates on the national territory, if procedures violating animal welfare were performed on the animals to achieve specific breed characteristics;

5. to prohibit the keeping of vertebrates showing signs of harm which have presumably been inflicted on the animals by procedures violating animal welfare if the animals will suffer when surviving;

6. to prescribe that animals or products of animal origin shall only be imported or exported via specific customs posts with supervisory agencies assigned to them which the Federal Ministry in agreement with the Federal Ministry of Finance has published in the Federal Gazette.

An ordinance under the first sentence (1), (2) or (3) may not be issued provided that the ordinance is not required to implement legal instruments by the European Community in this field or if it is contrary to commitments under international law. An ordinance under the first sentence (4) or (5) may not be issued in so far as it conflicts with Community law or commitments under international law.

Section X: Other Provisions Regarding Animal Welfare

Article 13

(1) It shall be prohibited to use equipment or substances to catch, keep away or scare off vertebrates if this poses the danger of avoidable pain, suffering or harm to vertebrates. This shall not apply to the use of equipment or substances authorized under other legal provisions. The legal provisons regarding hunting, nature conservation, plant protection and animal diseases shall remain unaffected.

(2) The Federal Ministry shall be empowered, with the consent of the Bundesrat, by ordinance to order measures to protect game from avoidable pain or harm as a result of agricultural or forestry operations.

(3) The Federal Ministry shall be empowered, acting in agreement with the Federal Ministry of Economics and the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety and with the consent of the Bundesrat, to issue ordinances prohibiting, restricting or requiring authorization for keeping animals of wild species or trading in them and for importing them onto the national territory or exporting them from the national territory to a non-EEC state (exportation) if this is required for animal welfare. It may be demanded, in particular, as a prerequisite for authorization that the applicant shall have and prove the requisite reliability and the requisite expertise and skills for the respective activities. The authorization may also be conditional on ensuring a feeding, care and accommodation of the animals in accordance with the requirements of Article 2. The ordinance may furthermore stipulate requirements regarding the proof of the requisite reliability and requisite expertise and skills under the second sentence as well as lay down the procedure of furnishing proof.

Article 13a

The Federal Ministry shall be empowered, with a view to improving animal welfare, with the consent of the Bundesrat to stipulate requirements by ordinance regarding voluntary testing procedures proving that housing systems and stable equipment produced in series to keep farm animals as well as stunners and facilities for slaughtering go beyond the requirements of this Act and the minimum requirements laid down in the ordinances issued under this Act. In the process, it shall lay down, in particular, criteria, procedures and scope of the voluntary testing processes as well as requirements regarding the specialist knowledge of the experts engaged in the testing processes.

Section XI: Implementation of the Act

Article 14

(1) The Federal Ministry of Finance and the customs offices designated by it shall be involved in monitoring the importation and exportation of animals. The said authorities may:

1. detain the animals together with the vehicles, containers and packaging for monitoring during importation;

2. inform the competent authority about any suspected infringements of prohibitions and restrictions laid down in this Act or in ordinances issued under this Act, which occur during clearance,

3. in the cases covered by (2) order the animals to be presented to the competent authority at the expense and risk of the person authorized to dispose of the animals;

(2) The Federal Ministry of Finance shall issue ordinances, in agreement with the Federal Ministry, but without the consent of the Bundesrat, specifying the procedure provided for by paragraph 1. In particular, it may impose obligations regarding notification, declarations, information and help as well as obligations to allow the examination of business papers and other documents and to permit inspections.

 Article 15

(1) The authorities responsible under Land law shall be responsible for implementing this Act and any ordinances issued under this Act. The authorities responsible under Land law shall appoint one or more commissions to assist them in deciding whether to authorize experiments on animals. The majority of the commission members must possess the expertise in veterinary medicine, medicine or any other discipline of natural science needed to assess experiments on animals. The commissions shall also include members from nominee lists of animal welfare organizations and with the experience needed to assess animal welfare issues. These members must make up one-third of the commission. The competent authority shall inform the commission immediately of all applications for authorization of planned experiments and give the commission an opportunity to give its opinion within a reasonable time-limit.

(2) In implementing this Act or the ordinances issued on the basis thereof, the competent authority shall involve the official veterinary officer in expert capacity.

(3) In the field of the Federal Armed Forces, the responsible agencies of the Federal Armed Forces shall be responsible for implementing this Act and the ordinances issued on the basis thereof. The Federal Ministry of Defence shall appoint a commission to assist the competent agencies in deciding whether to authorize planned experiments. The majority of the members of the commission must possess the expertise in veterinary medicine, medicine or any other discipline of natural science needed to assess experiments on animals. The commission shall also include members from nominee lists of animal welfare organizations, with the experience needed to assess animal welfare issues. The competent agency shall inform the commission immediately of all applications for authorization of planned experiments and give the commission an opportunity to give its opinion within a reasonable time-limit. Account shall be taken of the security interests of the Federal Armed Forces. If animal experiments are to be performed by order of the Federal Armed Forces, the commission shall also be notified and be given an opportunity to give its opinion before placing the order. This shall not affect paragraph 1. The Land authority responsible for authorizing the planned experiment shall be notified of this. The responsible agency of the Federal Armed Forces shall send the statement upon request.

 Article 15a

The authorities responsible under Land law shall inform the Federal Ministry of fundamentally important cases concerning the authorization of planned experiments, particularly of cases where such authorization is refused on the grounds that the conditions laid down in Article 7, paragraph 3 have not been fulfilled or where the commission under Article 15, paragraph 1 or the animal welfare officer have expressed doubts if these conditions have been met.

 Article 16

(1) The following shall be subject to supervision by the competent authority

1. livestock farms, including horse-keeping farms;

2. establishments where animals are slaughtered;

3. establishments where

a)  experiments are performed on animals;

b) operations are performed on animals or treatments for education, training or further training purposes;

c) operations are performed on vertebrates or treatments are given to them for the manufacture, production, conservation or propagation of substances, products or organisms;

d) vertebrates are used for the purposes referred to in Article 6, paragraph 1, second sentence (4) or

e) vertebrates are killed for scientific purposes or for education, training or further training;

4. enterprises under Article 11, paragraph 1, first sentence;

5. establishments and enterprises;

a) transporting animals for commercial purposes;

b) where animals are fed, cared for or accommodated during transport;

6. circuses operated on a non-commercial basis.

7. livestock farms requiring an authorization on the basis of an ordinance adopted under Article 13, paragraph 3.(1a) Persons exhibiting animals in changing places under Article 11, paragraph 1 (2a) and (3d) and Article 16, paragraph 1 (6) have to notify each change of place to the competent authority of the planned whereabouts in accordance with the second sentence. Article 11, paragraph 1, second sentence shall apply mutatis mutandis to the contents of the notification.

(2) Natural and legal persons and associations of persons without legal capacity shall provide the competent authority, upon request, with the information needed by the authorities in order to meet the tasks assigned to them by this Act.

(3) Within the framework of paragraph 2, the persons authorized by the competent authority as well as experts of the Commission of the European Community and other European Community member states (member states) accompanying them may:

1. enter sites, business premises, office buildings and means of transport of the person required to provide information during office or working hours;

2. in order to prevent pressing hazards to public safety and order:

a) enter the sites, premises, buildings and vehicles specified in point 1 outside the hours specified therein;

b) enter the living space of the person required to provide information; to this extent the basic right of the inviolability of privacy of the home (Article 13 of the Basic Law) shall be restricted;

3. inspect business papers;

4. examine animals and take samples, in particular blood, urine, excrement and animal feed samples;

5. make behavioural observations on animals also by means of picture and sound recordings.

The person required to provide information shall support the persons charged with the surveillance, designate the sites, premises, establishments and means of transport, open the premises, containers and means of transport, assist in the inspection and examination of the individual animals, unload the animals from the means of transport and submit the business papers. The person required to provide information shall present the animals kept in the living space to the competent authority upon request if it is strongly suspected that the animals are not kept in a species-specific way or in a way meeting their behavioural needs thereby afflicting severe pain, suffering or harm on them not allowing an inspection of the keeping of the animals in the living space.

(4) The person required to provide information may refuse to answer questions which could render him or relatives referred to Article 383, paragraph 1 (1) to

(3) of the Code of Civil Procedure liable to criminal prosecution or to proceedings under the Act regarding Administrative Offences.

(4a) Persons who

1. as operators of a slaughter house or as persons engaged in a trade or business slaughter at least fifty livestock units on average per week or

2. provide workers bringing, stunning or bleeding slaughter animals shall designate a responsible person to the competent authority who is authorized to give instructions for meeting the requirements of this Act and the ordinances issued on the basis thereof. Persons engaged in animal husbandry or operating an establishment or enterprise under paragraph 1 (1), (3), (5) or (6) may be obliged by the competent authority in individual cases to designate a competent, responsible person authorized to give instructions for meeting the requirements of this Act and of the ordinances issued on the basis thereof. This shall not apply to enterprises subject to licensing underArticle 11, paragraph 1.

(5) The Federal Ministry shall be empowered, with the consent of the Bundesrat, and if required for animal welfare to issue detailed regulations regarding surveillance by ordinance. In the process, it may in particular regulate

1. the performance of examinations, including sampling;

2. the measures to be taken if animal transports do not comply with this Act or ordinances issued on the basis thereof;

3. details of the requirements of toleration, support and submission;

4. requirements regarding recording and keeping of documents and

5. the central recording of animal shows and circuses with the keeping of animals if the activity is pursued in changing locations (central register of circuses).

(6) Personal data may be collected if this is provided for by this Act or if the data-collection agency requires their knowledge for fulfilling the tasks under this Act or under the ordinances issued on the basis thereof. The Federal Ministry shall be empowered, with the consent of the Bundesrat, to specify in detail the data to be collected by ordinance and to make also arrangements concerning their collection by third parties, storage, alteration, use and transmission. The Federal Act regarding the Protection against the Misuse of Personal Data in Data Processing (Federal Data Protection Act) and the Laender Data Protection Acts shall otherwise remain unaffected.

(7) If the competent authority have serious doubts whether the housing systems and stable equipment produced in series for the keeping of farm animals and the stunners and stunning facilities used for slaughter meet the requirements of this Act as well as the requirements of the ordinances issued on the basis thereof, the producer or supplier may be required to produce at his own expense an expert opinion by an independent expert agency or a person designated by common consent if he cannot refer to the successful conclusion of a voluntary check in accordance with an ordinance issued under Article 13a.

Article 16a

The competent authority shall issue the orders necessary to end any infringements detected and to prevent any future infringements. In particular they may:

1. order measures necessary to meet the requirements of Article 2 in individual cases;

2. remove from the keeper an animal found by the veterinary officer to be seriously neglected, because the requirements of Article 2 have not been met or because it shows severe behavioural abnormalities, and put it into care elsewhere at the keeper’s costs until the keeper ensures that the animal will be kept under conditions meeting the requirements of Article 2. Should an accommodation elsewhere of the animal prove impossible or should the keeper fail to ensure a keeping under conditions meeting the requirements of Article 2 after the competent authority set a time limit, the authorities may sell the animal. The authorities may have the animal killed painlessly at the keeper's cost if the sale of the animal is impossible for legal or objective reasons or the veterinary officer is of the opinion that the animal can survive only with irremediable severe pain, suffering or harm;

3. prohibit anyone who repeatedly or seriously infringes Article 2, an order under (1) or an ordinance issued under Article 2a, thereby inflicting severe or persistent pain, suffering or serious harm on an animal he kept or cared for, from keeping or caring for animals of all or certain types or make subject to acquiring a corresponding proof of expertise if facts justify the assumption that he would commit further such offences. He may be restored the right to keep animals upon application if there are no longer any grounds to assume that he will repeat the offence;

4. order an end to experiments on animals which are carried out without the requisite authorization or in contravention of a ban under animal welfare law.

Article 16b

(1) The Federal Ministry shall appoint an animal welfare commission to assist it in animal welfare issues. The Federal Ministry shall hear the animal welfare commission before issuing ordinances and general administrative provisions under this Act.

(2) The Federal Ministry shall be empowered to lay down detailed rules by ordinance, without the consent of the Bundesrat, regarding the composition of the animal welfare commission, the appointment of its members and its tasks and rules of procedure.

Article 16c

The Federal Ministry shall be empowered by ordinance, with the consent of the Bundesrat, to require persons and establishments performing animal experiments on vertebrates or using vertebrates under Article 4, paragraph 3, Article 6, paragraph 1, second sentence (4), Article 10 or Article 10a to provide the competent authority with information at regular intervals regarding the type, origin and number of the animals used and the purpose and type of experiments or other uses and to regulate the notification and transmission procedure.

Article 16d

The Federal Ministry shall issue, with the consent of the Bundesrat, the general administrative provisions required to implement this Act and the ordinances on the basis thereof.

Article 16e

Every two years the Federal Government shall report to the German Bundestag on the progress made in the field of animal welfare.

Article 16f

(1) The competent authority

1. shall provide the competent authority of another member state upon a well-founded request with information and transmit the required documents to enable them to supervise the compliance with provisions under animal welfare law;

2. examine the facts transmitted by the requesting authority and inform them about the results of the examination.

(2) The competent authority shall provide the competent authority of another member state with information supplying the requisite documents, which are required for surveillance in this member state, in particular in the case of infringements or suspected infringements of provisions under animal welfare law.

(3) The competent authority may, if this is required for animal welfare, or prescribed by European Community instruments, transmit data gathered within the framework of surveillance to the competent authority of other countries or other member states, to the Federal Ministry and the Commission of the European Community.

Article 16g

The Federal Ministry shall be responsible for the relations with the competent authority of other member states and the Commission of the European Community. It may delegate this power by ordinance, with the consent of the Bundesrat, to the responsible supreme Land authorities. Furthermore, it may in individual cases in agreement with the responsible supreme Land authority delegate the power to this authority. Under the second and third sentences, the supreme Land authorities may delegate the power to other authorities.

Article 16h

Articles 16f and 16g shall apply mutatis mutandis to states, which - without being member states- are contracting states to the Agreement on the European Economic Area.

Article 16i

(1) If one of the measures taken by the competent authority, which refers to the carrying out of animal transports from other member states, is litigious between the authority and the person authorized to dispose, both parties may have their dispute settled by common consent through an arbitral award of an expert. The dispute shall be submitted to an expert mentioned on a list compiled by the Commission of the European Community within one month after the measure had been announced. The expert shall give his opinion within seventy-two hours.

(2) The provisions of Articles 1025 to 1065 of the Code of Civil Procedure shall apply mutatis mutandis to the arbitration agreement and the arbitral procedure. The responsible administrative court shall be the court as defined in Article 1062 of the Code of Civil Procedure, whereas the responsible Higher Administrative Court shall be the court as defined in Article 1065 of the Code of Civil Procedure. By way of derogation from Article 1059, paragraph 3, first sentence of the Code of Civil Procedure, the motion for appeal must be submitted to the Court within one month.

Section XII: Provisions Regarding Penalties and Fines

Article 17

Anyone committing the following offences shall be liable to up to three years’ imprisonment or a fine:

1. killing of a vertebrate without good reason or

2. causing a vertebrate:

a) considerable pain or suffering out of cruelty or

b) persistent or repeated severe pain or suffering.

Article 18

(1) An administrative offence is committed by anyone who deliberately or negligently:

1. inflicts severe pain, suffering or harm without good reason on a vertebrate he keeps, cares for or is required to care for;

2. violates an enforceable order under Article 8a, paragraph 5, Article 11, paragraph 3, second sentence or Article 16a, second sentence (1), (3) or (4);

3. violates an ordinance issued

a) pursuant to Article 2a or

b) pursuant to Article 4b, Article 5, paragraph 4, Article 6, paragraph 4, Article 11a, paragraph 3, first sentence, Article 12, paragraph 2, Article 13, paragraph 2 or 3, Article 13a, Article 14, paragraph 2, Article 16, paragraph 5, first sentence or Article 16cif it refers to this provision regarding fines in the case of specific facts;

4. infringes a prohibition pursuant to Article 3;

5. kills a vertebrate in contravention of Article 4, paragraph 1;

6. slaughters a warm-blooded animal in contravention of Article 4a, paragraph 1;

7. performs an operation without anaesthetic in contravention of the first sentence of Article 5, paragraph 1 or administers anaesthetic without being a veterinarian in contravention of the second sentence of Article 5, paragraph 1;

8. infringes a prohibition under the first sentence of Article 6, paragraph 1 or performs an oepration in contravention of the third sentence of Article 6, paragraph 1;

9. fails to ensure that the first or third sentences of Article 9, paragraph 1 or paragraph 2 (4) or (8) of paragraph 2 are complied with in contravention of Article 6, paragraph 1, fourth sentence in conjunction with Article 9, paragraph

3, first sentence;9a. fails to notify an operation or gives incorrect, incomplete or late notification of the operation in contravention of Article 6, paragraph 1, fifth, sixth, seventh or eights sentence;

10. uses elastic rings in contravention of Article 6, paragraph 2;

11. performs experiments on animals in contravention of Article 7, paragraph 4 or 5, first sentence;

12. performs experiments on vertebrates without the authorization required under Article 8, paragraph 1;

13. fails to give notification of a change or fails to give notification in good time, in contravention of Article 8, paragraph 4, second sentence;

14. fails to give notification or gives incorrect, incomplete or late notification of projects or of changes therein in contravention of Articles 8a, 1, 2 or 4;

15. fails to give notification or gives incorrect or late notification of the number of planned experiments or of the type or number of animals used in contravention of Article 8a, paragraph 3, second sentence;

16. fails to appoint an animal welfare officer in contravention of Article 8b, paragraph 1, first sentence;

17. fails to ensure compliance with Articles 9, paragraphs 1 or 2 in contravention of the first sentence of Article 9, paragraph 3 or fails to ensure implementation of an enforceable requirement in contravention of the second sentence of Article 9, paragraph 3;

18. fails to keep records, or keeps incorrect or incomplete records, or fails to sign, preserve or submit records in contravention of Article 9a;

19. fails to ensure that Article 10, paragraphs 1 or 2 are observed in contravention of Article 10, paragraph 3;

20. pursues an activity without the authorization required by the first sentence of Article 11, paragraph 1 or infringes one of the enforceable requirements related to such an authorization;

20a. does not ensure that a salesperson furnishes proof of expertise in contravention of Article 11, paragraph 5;

21. fails to keep records or keeps incorrect or incomplete records or fails to preserve the records in contravention of Article 11a, paragraph 1, first sentence, or fails to identify animals in the prescribed way or in good time in contravention of Article 11a, paragraph 2;

21a. imports a vertebrate without authorization under Article 11a, paragraph 4;

22. breeds vertebrates in contravention of Article 11b, paragraphs 1 or 2 or modifies them through measures relating to biotechnology or genetic engineering;

23. supplies a vertebrate to children or adolescents until completion of the 16th year of age in contravention of Article 11c;

24. (cancelled)

25. uses equipment or substances in contravention of Article 13, paragraph 1, first sentence;

25a. fails to give notification or gives incorrect, incomplete or late notification in contravention of Article 16, paragraph 1a, first sentence;

26. fails to provide information, or provides incorrect or incomplete information in contravention of Article 16, paragraph 2 or fails to fulfil the obligation to tolerate or allow inspections as required by Article 16, paragraph

3, second sentence, also in conjunction with an ordinance under Article 16, paragraph 5, second sentence (3) or

27. (cancelled).

(2) Irrespective of the cases referred to in (1) of paragraph 1, an infringement is also committed by anyone inflicting severe pain, suffering or harm on an animal without good reason.

(3) The administrative offences referred to in paragraph 1 (1), (2), (3a), (4) to (9), (11), (12), (17), (20), (22), (25) and (27) and paragraph 2 may be punished by a fine of up to DM 50,000; the other infringements referred to in paragraph 1 may be punished by a fine of up to DM 10,000.

 Article 19

Animals subjected to one of the criminal offences referred to in Article 17 or an administrative offence referred to in (1), (2) and (3) of Article 18, paragraph 1, if the administrative offence is covered by an ordinance referred to in Article 2a or Article 5 paragraph 4 pursuant to (4), (8), (9), (12), (17), (19), (21a), (22), (23), (24) or (27) may be confiscated.

 Article 20

(1) Anyone convicted of an infringement under Article 17 or who has not been convicted only because his criminal responsibility has been proven or cannot be ruled out may be banned by the courts from keeping, trading or all other professional handling of animals of all or certain kinds for one to five years or indefinitely if there is any danger of a repetition of the infringement of Article 17.

(2) The ban shall come into effect when the sentence gains legal force. Any time spent by the offender in a penal institution shall not be counted as part of the period covered by the ban. If, after the ban has been imposed, there are any reasons for assuming that there is no longer any danger of the offender infringing Article 17, the Courts may lift the ban, provided it has lasted at least six months.

(3) Anyone infringing a ban under paragraph 1 shall be liable to up to one year’s imprisonment or a fine.

 Article 20a

(1) If there are strong reasons for assuming that a ban under Article 20 will be imposed, the judge may temporarily prohibit the defendant by a court order from trading or any other professional handling of animals of any or a specific type.

(2) The temporary ban under paragraph 1 shall be lifted if there are no longer any grounds for it or if the court has not ordered such a ban under Article 20 in the sentence.

(3) Anyone infringing a ban under paragraph 1, shall be liable to up to one year's imprisonment or a fine.

 Section XIII: Transitional and Final Provisions

Article 21

The authorization under Article 11, paragraph 1, first sentence shall temporarily be deemed to be granted to anyone, who on 31 May 1998 breeds or keeps

1. vertebrates

a) under Article 9, paragraph 2 (7) for the purposes referred to in Article 6, paragraph 1, second sentence (4), Article 10, paragraph 1 or Article 10a or

b) under Article 4, paragraph 3 for the purpose referred to therein;

2. keeps animals in a zoological garden or any other establishment where animals are kept or displayed,

3. trains dogs for third persons for the purposes of protection or maintains facilities for this;

4. trades in vertebrates if they are farm animals;

5. provides animals for the purpose of display;

6. controls vertebrates as harmful animals.

The temporary authorization shall expire,

1. if no application for definitive authorization is submitted by 1 May 1999;

2. if an application is submitted in time as soon as the decision on the application has become incontestable.

Article 21a

Ordinances under this Act may also be issued to implement legal instruments of the European Community in the field of animal welfare.

 Article 21b

The Federal Ministry shall hereby be empowered to issue, with the consent of the Bundesrat, ordinances repealing the following provisions, including any amendments made thereto by the Laender laws:

1. the revised version of the Act on the Slaughter of Animals, as published in the Federal Law Gazette, Part III, no. 7833-2, as amended by Article 216 (I) of the Act of 2 March 1974 (Federal Law Gazette I, p. 469);

2. the revised version of the Ordinance on the Slaughter of Animals, as published in the Federal Law Gazette, Part III, no. 7833-2-1;

3. a) the revised version of the Ordinance on the Slaughter and Conservation of Live Fish and Other Cold-blooded Animals, as published in the Federal Law Gazette, Part III, no. 7833-1-3, as amended by (5) of Article 23, second sentence, of this Act;b) (27) of Article 18, paragraph 1 of this Act;Bavaria

4. The revised version of Ordinance no. 49 on the Slaughter of Animals, as published in the Federal Law Gazette, Part III, no. 7833-2-2-a;Hamburg

5. The revised version of the amendment to the Ordinance on the Slaughter of Animals, as published in the Federal Law Gazette, Part III, no. 7833-2-1-a;Hesse

6. The revised version of the Act on the Slaughter of Animals, as published in the Federal Law Gazette, Part III, no. 7833-2-a;North-Rhine-Westphalia

7. The revised version of the Ordinance on the Slaughter of Animals following Jewish rites, as published in the Federal Law Gazette, Part III, no. 7833-2-1-b (Compilation of revised Land law of North Rhine-Westphalia, p. 762) for the former North-Rhine province;

8. The revised version of the Order on the Slaughter of Animals using the Jewish method, as published in the Federal Law Gazette, Part III, no. 7833-2-1-c (Compilation of revised Land law of North Rhine-Westphalia, p. 762) for the former province of Westphalia.

Article 22

(Entry into force)

 

 

 



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