Magyar közlöny, 2009. április (42-53. szám)

2009-04-02 / 42. szám

2009/42. szám Article 8 A procedure shall be performed under general or local anaesthesia or analgesia or by other methods designed to eliminate as far as practicable pain, suffering, distress or lasting harm applied throughout the procedure unless: a the pain caused by the procedure is less than the impairment of the animal’s well-being caused by the use of anaesthesia or analgesia, or b the use of anaesthesia or analgesia is incompatible with the aim of the procedure. In such cases, appropriate legislative and/or administrative measures shall be taken to ensure that no such procedure is carried out unnecessarily. Article 9 1 Where it is planned to subject an animal to a procedure in which it will or may experience severe pain which is likely to endure, that procedure must be specifically declared and justified to, or specifically authorised by, the responsible authority. 2 Appropriate legislative and/or administrative measures shall be taken to ensure that no such procedure is carried out unnecessarily. Such measures shall include: - either specific authorisation by the responsible authority; - or specific declaration of such procedure to the responsible authority and judicial or administrative action by that authority ifit is not satisfied that the procedure is of sufficient importance for meeting the essential needs of man or animal, including the solution of scientific problems. Article 10 During a procedure, an animal used shall remain subject to the provisions of Article 5 except where those provisions are incompatible with the objective of the procedure. Article 11 1 At the end of the procedure it shall be decided whether the animal shall be kept alive or killed by a humane method. An animal shall not be kept alive if, even though it has been restored to normal health in all other respects, it is likely to remain in lasting pain or distress. 2 The decision referred to in paragraph 1 of this article shall be taken by a competent person, in particular a veterinarian, or the person who, in accordance with Article 13, is responsible for, or has performed, the procedure. 3 Where, at the end of the procedure: a an animal is to be kept alive, it shall receive the care appropriate to its state of health, be placed under the supervision of a veterinarian or other competent person and kept under conditions conforming to the requirements of Article 5. The conditions laid down in this sub-paragraph may, however, be waived where, in the opinion of a veterinarian, the animal would not suffer as a consequence of such exemption; b an animal is not to be kept alive or cannot benefit from the provisions of Article 5 for its well-being, it shall be killed by a humane method as soon as possible. 4 No animal which has been used in a procedure entailing severe or enduring pain or suffering, irrespective of whether anaesthesia or analgesia was employed, shall be used in a further procedure unless it has returned to good health and well-being and either: a the further procedure is one in which the animal is subject throughout to general anaesthesia which is to be maintained until the animal is killed; or b the further procedure will involve minor interventions only. Article 12 Notwithstanding the other provisions of this Convention, where it is necessary for the legitimate purposes of the procedure, the responsible authority may allow the animal concerned to be set free provided that it is satisfied that the maximum practicable care has been taken to safeguard the animal’s well-being. Procedures that involve setting the animal free shall not be permitted solely for educational or training purposes. Párt IV Authorisation Article 13 A procedure for the purposes referred to in Article 2 may be carried out by persons authorised, or under the direct responsibility of a person authorised, or if the experimental or other scientific project concerned is authorised in accordance with the provisions of national legislation. Authorisation shall be granted only to persons deemed to be competent by the responsible authority. MAGYAR KÖZLÖNY 13499

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