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REPORT1. IntroductionThe Joint Committee has considered the proposals of the Commission for Council Decisions (a) authorising the Commission to open negotiations with the Council of Europe on the accession of the Community to the European Convention for the Protection of Animals during International Transport and (b) concluding the Convention and introducing the provisions necessary for its application to intra-Community trade (R/1428/75). 2. The ConventionThe European Convention for the Protection of Animals during International Transport, opened for signature by the Member States of the Council of Europe on 13th December, 1968, is aimed at prevention of suffering by animals during international transport. International transport is defined as any movement which involves the crossing of a frontier (excluding frontier traffic). The Convention applies to cattle, horses, sheep, pigs, goats, domestic dogs, cats, rabbits, birds, etc. It requires veterinary inspection of animals before loading and it specifies the conditions which are to apply in transit in the matter of accommodation, feeding, periods of rest, securing arrangements, segregation, milking, cleaning, treatment of illness or injury, loading/unloading equipment, reduction of delays, etc. There are special provisions governing transport by rail, road, water and air; a provision (Article 47) governing settlement of disputes; and a provision (Article 49) providing for accession by new Member States. The onus lies on the competent authority in the country of despatch to decide whether the transport conforms with the terms of the Convention. 3. Ireland’s Ratification and Implementation of ConventionIreland ratified the Convention on 14th March, 1975 and it entered into force for this country on 15th September, 1975. By agreement between this country and the United Kingdom, concluded in accordance with the terms of the Convention, Article 3 which concerns inspection, loading arrangements and veterinary inspection, does not apply to transport to Northern Ireland. The Convention has been implemented as far as this country is concerned by the Transit of Animals (General) Order, 1973 which was made under the Diseases of Animals Act, 1966 on 30th October, 1973. 4. Reason for Community AccessionThe Joint Committee is informed that all the Member States have already ratified the Convention. However the Commission believes that accession by the Community is advisable because otherwise the Community might find itself subject to two sets of rules differing both in substance and procedures and it might in future be difficult to adopt new Community legislation in this field. Harmonisation of the relevant national laws is, apparently, contemplated. 5. Views of the Joint CommitteeThe Joint Committee can see no objection to the proposals. It is advised that the special arrangements that apply as between the State and Northern Ireland may be allowed to continue after accession by the Community to the Convention. The Joint Committee has been informed by the National Executive of the Irish Live Stock Trade that “no proper facilities are available at Dublin port, or indeed any other Irish port, for washing down cattle trucks whenever brucella-free cattle are being shipped”. The national executive considers that for the implementation of Article 13 of the Convention “these facilities will be essential”. The Joint Committee recommends that this matter be taken up as a matter of urgency by the appropriate authorities. 6. AcknowledgementThe Joint Committee wishes to express its appreciation of the assistance it received in considering these proposals from the National Executive of the Irish Live Stock Trade. (Signed) CHARLES J. HAUGHEY, Chairman of the Joint Committee. 24th March, 1976. |
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