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Treatyof AmsterdamProtocol on the Protection and Welfare of AnimalsCynthia Hodges, J.D., LL.M., M.A.The Protocol on the Protection and Welfare of Animals
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(“Protocol”) was annexed by the Treatyof Amsterdam to the Treatythat established the European Community (the EC Treaty) in 1997.
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The Protocol was established in recognition that “the protection of animal welfare is a legitimateobjective in the public interest...”
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and that “the interests of the Community include the healthand protection of animals.”
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“[E]fforts to attain the objectives of the common agricultural policycannot disregard requirements of public interest, such as the protection of the health and life of animals, which the Community institutionsmust take intoaccount in exercising their powers.”
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The Protocol reads:THE HIGH CONTRACTING PARTIES,DESIRING to ensure improved protection and respect for the welfare of animals as sentient beings,HAVE AGREED UPON the following provision which shall be annexed to the Treatyestablishing the European Community,In formulating and implementing the Community's agriculture, transport, internal market andresearch policies, the Community and the Member States shall pay full regard to the welfarerequirements of animals, while respecting the legislative or administrative provisions andcustoms of the Member States relating in particular to religious rites, cultural traditions andregional heritage.
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“Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the EuropeanCommunities and certain related acts - Protocol annexed to the Treaty of the European Community -Protocol on protection and welfare of animals,” 1997 OJ C 340. The 15 member states to the Protocol ar eBelgium, Denmark, Germany, Switzerland (Hellenic Republic), Spain, France, Ireland, Italy,Luxembourg, the Netherlands,Austria, Portugal, Finland, Sweden, and the United Kingdom. Id.
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“Inquiry into the agricultural, fisher ies and environment aspects of the EU Reform Treaty by Sub-Committee D of the House of Lords Select Committee on the European Union”(December 2007), available at http://www.parliament.uk/documents/upload/House%20of%20Lords%20evidence%20HN%20Dec%2007%20CWF.doc.
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2008 ECJ EUR-Lex LEXIS 1111, 20-21 (ECJ EUR-Lex 2008).
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Afdeling Groningen van de Nederlandse Vereniging tot Bescherming van Dieren v Minister vanLandbouw, Natuurbeheer en Visserij, 2001 ECJ CELEX LEXIS 393 at art. 77.
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Id. at art. 78.
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Protocol on protection and welfare of animals,” 1997 OJ C 340.
The Protocol is important because it recognizes animals as “sentient beings,” and because itrequires the Community and its Member States, in formulating and implementing theCommunity’s policies on agriculture, transport, the internal market and research, to pay “fullregard to the welfare requirements of animals.”
Therefore, the EU has the responsibility tolegislate to improve the welfare of animals, to prevent cruelty to animals and mistreatment inareas covered by the Treaty.
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The Protocolseeks to reinforce the obligation to take the health and protection of animals intoconsideration by providing that full regard must be had to the welfare requirements of animals in the formulation and implementation of the Community's policy, particularly inrelation to the common agricultural policy, whilst at the same time recognising thatdifferences currently exist between the legislation of the respective Member States and thevarious sentiments harboured within those Member States.
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The Protocol seems to have set a clear legal obligation for the Community institutions to pay fullregard to the welfare requirements of animals.
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The Protocol would appear to be legally binding because the EC Treaty mandates that “[t]he Protocols annexed to this Treaty ... shall form anintegral part thereof.”
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In addition, the Protocol states that “the Community and the Member States shall pay full regard to the welfare requirements of animals...”
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However, the Protocol“limits that obligationto four specific spheres of Community activity,” namely agriculture,
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transport, internal market and research policies.
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Therefore, the Community and Member Statesare not required to “pay full regard to the welfare requirements of animals” in any area other thanthose four. Excluding other areas may have beenunintended, as the Treaty Establishing theEuropean Constitution signed on 29 October 2004 expands the commitment to ensuring the protection of animals
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Supra at 2.
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“Food Safety - From the Farm to the Fork,” Europa - Animal Health and Welfare, available at http://ec.europa.eu/food/animal/welfare/policy/index_en.htm.
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See Supra 4 at 79.
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“Europe's 25 NGOs Meet for Forgotten Animals,” The Seoul Times (October 24, 2008), available athttp://theseoultimes.com/ST/?url=/ST/db/read.php?idx=5770.
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Supra at 2.
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Supra at 1.
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“The importance of animal-welfare requirements in the formulation and implementation of Community policies in the agricultural sector is expressly recognised in the Protocol...” Viamex Agrar Handels GmbHv. v Hauptzollamt Hamburg-Jonas, 2007 ECJ CELEX LEXIS 1004 at art. 6.
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See Supra at 4, art. 73.
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See Supra at 8.
technological development and space policies.
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The “Reform Treaty” incorporated the provisions of the Protocol into the body of the Treaty as Article 13 of the Treaty on theFunctioning of the European Union.
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Article III-121 provides:In formulating and implementing the Union's agriculture, fisheries, transport, internal market,research and technological development and space policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the requirements of animalwelfare, while respecting the legislative or administrative provisions and customs of Member States relating in particular to religious rites, cultural traditions and regional heritage.
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The inclusion of this article in the main text of the Treaty may give greater weight to therecognition of animals as sentient beings, and to the requirement for the Community and theMember States to pay full regard to the welfare requirements of animals in the specified policyareas.
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LIMITATIONS ON THE TREATY’S AUTHORITYThe Protocol does not seem to be directly enforceable.
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One court was unable to “infer any principle of general application from the Convention, which, ... does not impose any clear, precisely defined and unqualified obligation.”
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According to this court, the Protocoldoes not lay down any well-defined general principle of Community law which is binding onthe Community institutions. Although it provides that full regard must be had to the welfarerequirements of animals in the formulationand implementation of the Community's policy, itlimits that obligation to four specific spheres of Community activity [agriculture, transport,internal market and research policies] and providesthat the legislative or administrative provisions and customs of the Member States must be respected as regards, in particular,religious rites, cultural traditions and regional heritage.
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Because the “four specific spheres of Community activity” are agriculture, transport, internalmarket and research, the Community and the Member States only need to “pay full regard to the
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“Treaty Establishing a Constitution for Europe,” OJ 2004 C310, available athttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2004:310:0055:0185:EN:PDF.
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Supra at 2.
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Supra at 16.
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Supra at 2.
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Supra at 10.
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Supra at 4, art. 74.
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Supra at 4, art. 73.
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