Announcement of the revised version of the Animal Welfare Act

of 25 May 1998

On the basis of Article 2 of the Act amending the Animal Welfare Act of 25 May 1998 (BGBI. I p. 1094),
the text of the Animal Welfare Act in the version applicable from 1 June 1998 is published below. The
new version takes into account

1. the version of the Act published on 17 February 1993 (BGBI. I p. 254),
2. Article 48 of the Ordinance of 26 February 1993 (BGBI. I p. 278), which came into force on 13 March 1993,
3. Article 86 of the Act of 27 April 1993 (BGBI. I p. 512, 2436), which entered into force on 1 January 1994,
4. Section 16 no. 3 letter b of the Ordinance of 3 March 1997 (BGBI. I p. 405), which came into force on 1 April 1997,
5. Article 2 §27 of the Act of 22 December 1997 (BGBI. I, p. 3224), which came into force on 1 January 1998,
6. Article 1 of the Act of 25 May 1998 (BGBI. I p. 1094), which came into force partly on 1 June 1998, partly on 1 November 1998 and partly on 1 May 2000.

Bonn, 25 May 1998

The Federal Minister
for Food, Agriculture and Forestry
Jochen Borchert

Animal Welfare Act

First section

Basic principle

§1

The purpose of this Act is to protect the life and welfare of animals out of man's responsibility for them as fellow creatures. No one may inflict pain, suffering or harm on an animal without reasonable cause.

Second section

Animal husbandry

§2

Anyone who keeps, cares for or has to care for an animal

1. must feed, care for and house the animal in a manner appropriate to its species and needs,
2. must not restrict the animal's ability to exercise in a way that causes it pain or avoidable suffering or harm,
3. must have the knowledge and skills necessary for the appropriate feeding, care and behavioural housing of the animal.

§2a

(1) The Federal Ministry of Food, Agriculture and Forestry (Federal Ministry) is hereby authorised, by ordinance subject to the approval of the Bundesrat, insofar as it is necessary for the protection of animals, to specify the requirements for the keeping of animals pursuant to Section 2 and, in particular, to issue regulations concerning requirements

1. with regard to the animals' freedom of movement or communal needs,
2. rooms, cages, other containers and other facilities for housing animals, as well as the nature of tethering, feeding and watering devices,
3. the lighting conditions and indoor climate in which the animals are housed,
4. the care, including the monitoring of the animals; the Federal Ministry may also stipulate that records of the results of the monitoring must be kept and presented to the competent authority on request,
5. the knowledge and skills of persons who keep, look after or have to look after animals and proof of such knowledge and skills in the case of persons who keep, look after or have to look after animals on a commercial basis.

(1a) The Federal Ministry is hereby authorised, by ordinance subject to the approval of the Bundesrat, to lay down requirements for the objectives, means and methods of training, educating or training animals, insofar as this is necessary for the protection of animals.

(2) The Federal Ministry is hereby authorised, in agreement with the Federal Ministry of Transport, to regulate the transport of animals by ordinance subject to the approval of the Bundesrat, insofar as this is necessary for the protection of animals. It may in particular

1. requirements

1. with regard to the transportability of animals,
2. for means of transport for animals,

1a. prohibit or restrict certain means of transport and modes of dispatch for the transport of certain animals, in particular dispatch as cash on delivery,

2. prescribe certain means of transport and modes of dispatch for the transport of certain animals,

3. prescribe that certain animals must be accompanied by a carer during transport,

3a. prescribe that persons who carry out or assist in the transport of animals must have certain knowledge and skills and must provide evidence of these,

4. issue regulations on the loading, unloading, housing, feeding and care of animals,

5. prescribe certain certificates, declarations or notifications as a prerequisite for the transport of animals and regulate their issue and storage,

6. prescribe that anyone who transports animals on a commercial basis must have a licence from the competent authority or be registered with the competent authority, and regulate the conditions and procedure for issuing the licence and for registration,

7. prescribe that anyone wishing to feed, care for or house animals during transport in an establishment or holding shall require a licence from the competent authority and regulate the conditions and procedure for issuing the licence; insofar as this is necessary for the implementation of legal acts of the European Community.

§3

It is prohibited

1. except in emergencies, to require an animal to perform services which it is obviously unable to fulfil due to its condition or which are obviously beyond its strength,

1a. to demand performance from an animal that has undergone interventions and treatments that conceal a physical condition that is detrimental to its performance and which it is unable to cope with due to its physical condition,

1b. to take measures on an animal in training or at sporting competitions or similar events that are associated with considerable pain, suffering or damage and that may affect the performance of animals, or to use doping agents on an animal at sporting competitions or similar events,

2. to sell or acquire an infirm, sick, aborted or old animal kept in the home, farm or otherwise in the care of humans, for which continued life is associated with irremediable pain or suffering, for any purpose other than for immediate painless killing; this does not apply to the direct transfer of a sick animal to a person or institution that has a licence in accordance with Section 8 and, if necessary, an exemption permit in accordance with Section 9 (2) no. 7 sentence 2 for experiments on animals that are sick. 2 no. 7 sentence 2 for experiments on such animals,

3. to abandon an animal kept in the home, farm or otherwise in the care of humans or to leave it behind in order to dispose of it or to evade the obligation to keep or care for it,

4. releasing or settling a bred or reared animal of a wild species in the wild that is not prepared for the species-appropriate food intake required for survival in the intended habitat and is not adapted to the climate; the provisions of hunting law and nature conservation law remain unaffected,

5. to apprentice or train an animal if this involves considerable pain, suffering or damage to the animal,

6. to use an animal for filming, exhibition, advertising or similar events if this involves pain, suffering or damage to the animal,

7. to train or test an animal for sharpness on another living animal,

8. to chase an animal on another animal, unless this is required by the principles of fair chase,

8a. to train or train an animal to behave in such an aggressive manner that this behaviour

1. leads to pain, suffering or damage to the animal itself or
2. leads to pain or avoidable suffering or damage to itself or a conspecific in the course of any species-appropriate contact with conspecifics, or
3. allows the animal to be kept only under conditions that cause it pain or avoidable suffering or harm,

9. to force feed into an animal by means of coercion, unless this is necessary for health reasons,

10. to give an animal food that causes the animal considerable pain, suffering or harm,

11. to use a device that significantly restricts the species-appropriate behaviour of an animal, in particular its movement, or forces it to move and thereby causes the animal considerable pain, suffering or damage, unless this is permitted under federal or state law.

Third section

Killing of animals

§4

(1) A vertebrate animal may only be killed under anaesthesia or otherwise, as far as reasonable under the given circumstances, only with the avoidance of pain. If the killing of a vertebrate animal without stunning is permitted in the context of hunting in accordance with hunting regulations or on the basis of other legal provisions, or if it is carried out in the context of
permissible pest control measures, the killing may only be carried out if no more than unavoidable pain is caused. A vertebrate animal may only be killed by a person who has the necessary knowledge and skills to do so.

(1a) Persons who regularly stun or kill vertebrates on an academic or commercial basis must provide the competent authority with proof of expertise. If poultry is stunned or killed in the presence of a supervisor as part of an activity in accordance with sentence 1, the supervisor must also provide proof of competence in addition to the person who stuns or kills the animals. If fish are stunned or killed in the presence of a supervisor as part of an activity in accordance with sentence 1, it shall be sufficient for the supervisor to provide proof of expertise.

(2) Section 4a shall apply to the slaughter of a warm-blooded animal.

(3) For the killing of vertebrates for scientific purposes, §§8b, 9 para. 2 sentence 2, and in the case of dogs, cats, monkeys and prosimians, §9 para. 2 no. 7 shall apply accordingly.

§4a

(1) A warm-blooded animal may only be slaughtered if it has been anaesthetised before the start of bleeding.

(2) By way of derogation from paragraph 1, stunning is not required if

1. it is not possible for emergency slaughter in the given circumstances,
2. the competent authority has granted an exemption authorisation for slaughter without stunning (slaughter); it
   may only grant the exemption authorisation to the extent that it is necessary to meet the needs of members of
   certain religious communities within the scope of this Act, for whom mandatory regulations
   of their religious community prescribe slaughter or prohibit the consumption of meat from non-slaughtered animals
   or
3. this is determined as an exception by statutory order in accordance with Section 4b No. 3.

§4b

The Federal Ministry is authorised, by ordinance subject to the approval of the Bundesrat, to

1. a. to regulate the slaughter of fish and other cold-blooded animals,

2. to regulate, prescribe, authorise or prohibit certain types of killing and stunning procedures in more detail,
3. to regulate in more detail the conditions under which slaughtering within the meaning of Section 4a (2) No. 2 may be carried out,
4. to issue more detailed regulations on the type and scope of the knowledge and skills required to stun or kill vertebrates and on the procedure for providing proof thereof,
5. to determine non-commercial activities which require the acquisition of a certificate of competence to kill vertebrate animals in order to ensure that no more than unavoidable pain is inflicted on the animals,

2. to regulate the slaughter of animals in more detail within the framework of the provisions of the European Convention of 10 May 1979 on the protection of animals for slaughter (BGBI.1983 II p. 770),
3. to determine exceptions to the stunning requirement for the slaughter of poultry. Ordinances pursuant to sentence 1 no. 1 letters b and d shall require the agreement of the Federal Ministries of Labour and Social Affairs, of Health and of the Environment, Nature Conservation and Nuclear Safety insofar as they relate to stunning or killing by means of dangerous substances or preparations within the meaning of the Chemicals Act or related requirements for the acquisition of a certificate of competence.

Section Four

Interventions on animals

§5

(1) No intervention involving pain may be carried out on a vertebrate animal without anaesthesia. Warm-blooded vertebrates, amphibians and reptiles must be anaesthetised by a veterinarian. The competent authority may grant exceptions to sentence 2 for stunning with anaesthetic cartridges if a justified reason is provided. If stunning is not required in accordance with paragraphs 2, 3 and 4 no. 1, every effort shall be made to minimise the pain or suffering of the animals.

(2) Anaesthesia is not required

1. if anaesthesia is not normally used for comparable procedures on humans or if the pain associated with the procedure is less severe than the impairment of the animal's well-being associated with anaesthesia,
2. if anaesthesia does not appear feasible in the individual case according to veterinary judgement.

(3) Furthermore, anaesthesia is not required.

1. for the castration of male cattle, pigs, sheep and goats under four weeks of age, provided there are no findings that deviate from the normal anatomical constitution,
2. for dehorning or preventing horn growth in cattle under six weeks old,
3. for shortening the tail of piglets under four days old and lambs under eight days old,
4. for shortening the tails of lambs under eight days old using elastic rings,
5. for grinding the canine teeth of piglets if this is essential to protect the mother or the littermates,
6. for the removal of the claw-bearing last phalanx of broiler chicks intended for use as breeding cocks during the first day of life,
7. for the identification of pigs, sheep, goats and rabbits by ear tattooing, for the identification of other mammals within the first two weeks of life by ear and thigh tattooing and for the identification of farm animals including horses by ear tag, wing tag, injected microchip, except in the case of poultry, by stamping in the case of pigs and by thigh branding in the case of horses.

(4) The Federal Ministry is hereby authorised, by ordinance subject to the approval of the Bundesrat

1. to exempt further measures from the anaesthetic requirement over and above paragraph 3, insofar as this is compatible with Section 1,
2. to prescribe, authorise or prohibit procedures and methods for the implementation of measures in accordance with paragraph 3 and measures determined on the basis of an ordinance in accordance with number 1, insofar as this is necessary for the protection of animals.

§6

(1) The complete or partial amputation of body parts or the complete or partial
removal or destruction of organs or tissues of a vertebrate animal is prohibited. The prohibition does not apply if

1. the intervention in individual cases

1. is necessary according to veterinary indication or
2. in the case of dogs to be used for hunting, is essential for the intended use of the animal and does not conflict with veterinary concerns,

2. a case of §5 para. 3 no. 1 or 7 exists,
3. a case of §5 para. 3 no. 2 to 6 exists and the intervention in the individual case is indispensable for the intended use of the animal for its protection or for the protection of other animals,
4. the complete or partial removal of organs or tissues is necessary for the purpose of transplantation or the preparation of cultures or the examination of isolated organs, tissues or cells,
5. in order to prevent uncontrolled reproduction or - insofar as there are no veterinary concerns to the contrary - for the further use or keeping of the animal. Interventions in accordance with sentence 2 nos. 1 and 5 must be carried out by a veterinarian; interventions in accordance with sentence 2 nos. 2 and 3 and paragraph 3 may also be carried out by another person who has the necessary knowledge and skills. For the interventions according to sentence 2 no. 4, §§8b, 9 para. 1 sentences 1, 3 and 4, para. 2 with the exception of sentence 3 no. 6, para. 3 sentence 1 and §9a apply accordingly. Interventions must be notified to the competent authority at least two weeks before commencement. The deadline need not be met if the intervention must be carried out immediately in an emergency; the notification must be made without delay. The deadline specified in sentence 5 may be extended by the competent authority to up to four weeks if necessary. The notification must state

1. the purpose of the intervention,
2. the species and number of animals intended for the intervention
3. the nature and performance of the procedure, including anaesthesia,
4. the location, start and expected duration of the operation,
5. the name, address and expertise of the person responsible for the operation and their deputy, the person carrying out the operation and the persons responsible for the aftercare,
6. the reasons for the intervention.

(2) The use of elastic rings for amputation or castration is prohibited; this does not apply in the case of §5 para. 3 no. 4 or §6 para. 3 no. 2.

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

1. Shortening the tip of the beak of productive poultry,
2. authorise the shortening of the connective tissue end of the tail of male calves under three months old using elastic rings. Authorisation may only be granted if it can be credibly demonstrated that the intervention is essential for the protection of the animals with regard to the intended use. The authorisation shall be limited in time and, in the case of number 1, shall contain provisions on the type, extent and time of the intervention and the person carrying it out.

(4) The Federal Ministry shall be authorised to prescribe, by ordinance subject to the approval of the Bundesrat, the permanent identification of animals on which non-obviously recognisable interventions have been carried out, if this is necessary for the protection of the animals.

(5) In the case of subsection (1) sentence 2 no. 3, the competent authority shall, upon request, be provided with credible evidence that the intervention is essential for the intended use.

§6a

The provisions of this Section shall not apply to animal experiments, to interventions for training, further education or further training and to interventions for the production, extraction, storage or propagation of substances, products or organisms.

Fifth section

Animal experiments

§7

(1 ) Animal experiments within the meaning of this Act are interventions or treatments for experimental purposes

1. on animals if they involve pain, suffering or harm to these animals or
2. on the genetic material of animals if they may be associated with pain, suffering or harm to the genetically modified animals or their carrier animals.

(2) Animal experiments may only be carried out if they are essential for one of the following purposes:

1. Prevention, detection or treatment of disease, suffering, physical injury or physical complaints or detection or influencing of physiological conditions or functions in humans or animals,
2. Recognising environmental hazards,
3. testing substances or products for their safety for human or animal health or for their effectiveness against animal pests,
4. basic research.
   When deciding whether animal experiments are indispensable, the respective state of scientific knowledge shall be taken as a basis and it shall be examined whether the purpose pursued cannot be achieved by other methods or procedures.

(3) Experiments on vertebrate animals may only be carried out if the expected pain, suffering or harm to the laboratory animals is ethically justifiable with regard to the purpose of the experiment. Experiments on vertebrate animals which result in prolonged or repetitive significant pain or suffering may only be carried out if the intended results suggest that they will be of outstanding importance for essential human or animal needs, including the solution of scientific problems.

(4) Animal experiments for the development or testing of weapons, ammunition and associated equipment are prohibited.

(5) Animal experiments for the development of tobacco products, detergents and cosmetics are generally prohibited. The Federal Ministry is authorised to determine exceptions by ordinance with the approval of the Bundesrat, in the case of cosmetics in agreement with the Federal Ministry of Health, insofar as this is necessary to

1. prevent specific health hazards and the necessary new findings cannot be obtained by other means, or
2. to implement legal acts of the European Community.

§8

(1) Anyone wishing to carry out experiments on vertebrate animals shall require authorisation of the experimental project by the competent authority.

(2) The proposal for authorisation of an experimental project shall be submitted in writing to the competent authority. The proposal shall

1. provide scientific justification that the requirements of paragraph 3 No. 1 are met,
2. demonstrate that the requirements of paragraph 3 nos. 2 to 4 are met,
3. demonstrate that the requirements of paragraph 3 no. 5 are met. The proposal must also contain the information specified in Section 8a (2) Nos. 1 to 5.

(3) Authorisation may only be granted if

1. it is scientifically substantiated that

1. the requirements of §7 para. 2 and 3 are met,
2. the intended experimental result is not sufficiently known despite exhaustion of the available information possibilities or the verification of a sufficiently known result by a duplicate or repeat experiment is indispensable;

2. the responsible head of the experimental project and his deputy have the necessary professional competence, in particular with regard to the supervision of the animal experiments, and there are no facts that give rise to doubts about their reliability;
3. the necessary facilities, equipment and other material resources are available and the personnel and organisational requirements for carrying out the animal experiments, including the activities of the animal welfare officer, are met;
4. accommodation and care in accordance with the requirements of Section 2, including the care of the animals and their medical care, is ensured and
5. compliance with the provisions of Section 9 (1) and (2) and Section 9a can be expected.

(4) The head of the experimental project and his deputy shall be named in the authorisation notice. If the head of an experimental project or his deputy changes, the authorisation holder shall notify the competent authority of this change without delay; the authorisation shall continue to apply if it is not revoked within one month:

(5) The authorisation shall be limited in time. In the case of paragraph 5a sentence 1, the expected duration of the experimental project stated in the proposal shall apply.

(5a) If the authority has not made a written decision on the proposal within a deadline of three months, or within a deadline of two months in the case of experiments on anaesthetised animals which are still being killed under this anaesthesia, the authorisation shall be deemed to have been granted. The deadline of two months may be extended by the competent authority to up to three months if necessary after hearing the applicant. When calculating the deadline, periods during which the applicant has not complied with the requirements of paragraph 2 despite a written request from the authority shall not be taken into account. The authorisation pursuant to sentence 1 may subsequently be subject to conditions insofar as this is necessary to fulfil the requirements of paragraph 3.

(6) If the authorisation is granted to a university or other institution, the persons carrying out the animal experiments must be employed by the institution or be authorised to use the institution with the consent of the responsible director.

(7) Experimental projects do not require authorisation,

1. the performance of which is expressly

1. prescribed by law, ordinance or by the pharmacopoeia or by a directly applicable legal act of an institution of the European Communities,
2. provided for in a general administrative regulation issued by the Federal Government or a Federal Ministry with the consent of the Bundesrat in accordance with Section 7 subsections 2 and 3, or
3. is ordered by a judge or an authority on the basis of a law or an ordinance or a directly applicable legal act of an institution of the European Communities or is required in individual cases as a prerequisite for the issue of an administrative act;

2. which are carried out on animals as vaccinations, blood sampling or other diagnostic measures in accordance with procedures which have already been tried and tested, and

1. the detection in particular of diseases, ailments, physical damage or physical complaints in humans or animals or
2. the testing of sera, blood preparations, vaccines, antigens or test allergens as part of authorisation procedures or batch testing. Authorisation is also not required for changes to authorised experimental projects, provided that

1. the purpose of the experimental project is maintained,
2. no severe pain, suffering or harm is caused to the laboratory animals,
3. the number of laboratory animals is not significantly increased and
4. these changes have been notified in advance to the competent authority; Section 8a (2) and (5) shall apply accordingly.

§8a

(1) Anyone wishing to carry out animal experiments on vertebrates that do not require authorisation or on cephalopods or decapods must notify the competent authority of the planned experiment at least two weeks before commencement. The deadline need not be met if the animal experiment must be carried out immediately in an emergency; the notification must be made without delay. The deadline referred to in sentence 1 may be extended by the competent authority to up to four weeks if necessary.

(2) The notification shall state

1. the purpose of the experimental project,
2. the species and, in the case of vertebrates, additionally the number of animals intended for the experimental project,
3. the nature and conduct of the intended animal experiments, including anaesthesia,
4. the location, start and expected duration of the experimental project,
5. the name, address and expertise of the person responsible for the experimental project and their deputy, as well as the person carrying out the experiment and the persons responsible for the follow-up treatment,
6. in the case of experimental projects pursuant to Section 8 (7) No. 1, the legal basis for the exemption from authorisation.

(3) If it is intended to carry out several similar experimental projects, notification of the first experimental project shall suffice if the notification also states the expected number of experimental projects. At the end of each year, the competent authority shall be notified of the number of experimental projects carried out and, in the case of vertebrates, the species and total number of animals used.

(4) If the circumstances specified in paragraph 2 change during the experimental project, the competent authority shall be notified of these changes without delay, unless the change is of no significance for the supervision of the experimental project.

(5) The competent authority shall prohibit animal experiments if facts justify the assumption that compliance with the provisions of Section 7 sub-sections 2 or 3, Section 8b sub-sections 1, 2, 4, 5 or 6 or Section 9 sub-sections 1 or 2 is not ensured and this deficiency has not been remedied within a deadline set by the competent authority.

(6) The Federal Ministry is authorised, by ordinance subject to the approval of the Bundesrat, to extend the obligation to notify under paragraph 1 to experiments on other invertebrates, insofar as this is necessary for the protection of animals that are at a stage of sensory-physiological development corresponding to that of vertebrates.

§8b

(1) Operators of establishments in which animal experiments on vertebrates are carried out shall appoint one or more animal welfare officers and notify the competent authority of the appointment. The notification shall also specify the position and powers of the animal welfare officer in accordance with paragraph 6 sentence 3.

(2) Only persons with a university degree in veterinary medicine, medicine or biology - specialising in zoology - may be appointed as animal welfare officers. They must have the specialised knowledge and reliability required to carry out their duties. The competent authority may admit exceptions to sentence 1 in individual cases.

(3) The animal welfare officer is obliged to

1. to ensure compliance with regulations, conditions and requirements in the interests of animal welfare,
2. to advise the institution and the persons involved in the animal experiments and in the keeping of the laboratory animals,
3. to comment on any proposal for the authorisation of an animal experiment
4. to work internally towards the development and introduction of procedures and means to avoid or limit animal experiments.

(4) If the animal welfare officer himself carries out an experimental project, another animal welfare officer must be active for this experimental project.

(5) The institution shall support the animal welfare officer in the fulfilment of his duties and inform him of all experimental projects in such a way that he can perform his duties without restriction.

(6) The animal welfare officer shall be free from instructions in the fulfilment of his duties. He may not be disadvantaged because of the fulfilment of his duties. His position and powers shall be regulated by statutes, internal instructions or in a similar form. It must be ensured that the animal welfare officer can present his or her suggestions or concerns directly to the decision-making body in the organisation. If several animal welfare officers are appointed, their areas of responsibility must be defined.

§9

(1 ) Animal experiments may only be carried out by persons who have the necessary specialised knowledge. In addition, animal experiments on vertebrates, with the exception of experiments in accordance with Section 8 (7) No. 2, may only be carried out by persons who have completed a university degree in veterinary medicine or medicine or by persons who have completed a university degree in natural sciences or by persons who have demonstrably acquired the necessary expertise on the basis of completed vocational training. Animal experiments involving surgical procedures on vertebrates may only be carried out by persons who have completed a university degree in

1. veterinary medicine or medicine or
2. biology - specialising in zoology - if these persons are employed at universities or other scientific institutions. The competent authority shall authorise exceptions to sentences 2 and 3 if proof of the necessary specialist knowledge is provided by other means.

(2) Animal experiments shall be limited to what is absolutely necessary. The state of scientific knowledge shall be taken into account in the performance of such experiments. In detail, the following applies to the performance of experiments:

1. Experiments on sensory-physiologically more highly developed animals, in particular warm-blooded animals, may only be carried out if experiments on sensory-physiologically less developed animals are not sufficient for the purpose pursued. Experiments on animals taken from nature may only be carried out if experiments on other animals are not sufficient for the intended purpose.
2. No more animals may be used for the animal experiment than are necessary for the purpose pursued.
3. Pain, suffering or harm may only be inflicted on animals to the extent that it is indispensable for the purpose pursued; in particular, it may not be inflicted for reasons of saving labour, time or costs.
4. Subject to sentence 4, experiments on vertebrate animals may only be carried out under anaesthesia. Anaesthesia may only be carried out by a person who fulfils the requirements of paragraph 1 sentences 1 and 2 or under their supervision. If, in the case of an anaesthetised vertebrate animal, it is to be expected that considerable pain will occur when the anaesthetic wears off, the animal must be treated in good time with painkillers, unless this is incompatible with the purpose of the animal experiment. A non-anaesthetised vertebrate animal may not be

1. no procedure may be carried out on a vertebrate animal that is not anaesthetised which results in serious injury,
2. an intervention may only be carried out if the pain associated with the intervention is less severe than the impairment of the condition of the laboratory animal associated with anaesthesia or if the purpose of the animal experiment precludes anaesthesia. A vertebrate animal that is not anaesthetised may only be subjected to a significantly painful procedure or treatment once, unless the purpose of the animal experiment cannot be achieved otherwise. In the case of a non-anaesthetised vertebrate animal, no means may be used to prevent or restrict the expression of pain.

5. If a vertebrate animal has undergone major surgery or has been used in an animal experiment involving significant or prolonged pain or suffering or significant harm, it shall not be used in any further experimental project unless its general state of health and well-being has been fully restored and the further animal experiment is not associated with suffering or harm and only for the purpose of achieving the purpose of the animal experiment.

1. is not associated with suffering or harm and only with insignificant pain, or
2. is carried out under anaesthesia and the animal is killed under this anaesthesia.

6. In the case of animal experiments to determine the lethal dose or lethal concentration of a substance, the animal shall be killed painlessly as soon as it is recognisable that it will die as a result of the effect of the substance.
7. Vertebrate animals, with the exception of horses, cattle, pigs, sheep, goats, chickens, pigeons, turkeys, ducks, geese and fish, may only be used for animal experiments if they have been bred for such a purpose. The competent authority may, insofar as it is compatible with the protection of the animals, admit exceptions to this rule if animals of the species in question bred for experimental purposes are not available or if the purpose of the animal experiment requires the use of animals of a different origin.
8. After completion of an animal experiment, every monkey, semi-monkey, soliped, even-toed ungulate, dog, hamster, cat used and surviving, and every rabbit and guinea pig used and surviving must be presented immediately to a veterinarian for examination. If, in the veterinarian's judgement, the animal can only survive in pain or suffering, it must be killed immediately and painlessly. Animals other than those referred to in sentence 1 must also be killed immediately and painlessly if, in the judgement of the person who carried out the animal experiment, this is necessary. If an animal is to be kept alive at the end of an animal experiment, it must be cared for in accordance with its state of health and observed by a veterinarian or another competent person and, if necessary, given medical care.

(3) The head of the experimental project or his deputy shall be responsible for compliance with the provisions of paragraphs 1 and 2. The same applies to the fulfilment of conditions associated with an authorisation in accordance with §8.

§9a

Records must be kept of the animal experiments. The records must indicate the purpose of each experimental project, in particular the reasons for experiments on animals with higher sensory physiological development permitted under Section 9 (2) No. 1, as well as the number and designation of the animals used and the type and execution of the experiments. If vertebrate animals are used, their origin must also be stated, including the name and address of the previous owner; in the case of dogs and cats, the sex and breed as well as the type and pattern of the coat and any labelling applied to the animal must also be stated. The records must be signed by the persons who carried out the experiments and by the head of the experimental project; a signature is not required if the records are created using automatic equipment. The records shall be kept for three years after completion of the experimental project and submitted to the competent authority for inspection on request.

Sixth section

Interventions and treatments for education, training or further education

§10

(1) Interventions or treatments on animals involving pain, suffering or harm may only be carried out for the purposes of education, further education or training

1. at a university, another scientific institution or a hospital or
2. as part of initial, further or continuing education for auxiliary medical professions or auxiliary scientific professions. They may only be carried out if their purpose cannot be achieved in any other way, in particular by means of film representations. Upon request, the competent authority must be given reasons as to why the purpose of the interventions or treatments cannot be achieved in any other way.

(2) Sections 8a, 8b, 9 (1) and (2) and Section 9a shall apply mutatis mutandis to interventions or treatments for training, further education or further training. §Section 8a (1) sentence 1 shall apply mutatis mutandis with the proviso that the interventions or treatments must be notified before inclusion in the teaching programme or before the teaching programme is changed. §Section 9 (1) shall apply mutatis mutandis with the proviso that the interventions and treatments may only be carried out by the persons named therein, in their presence and under their supervision or in the presence and under the supervision of another competent person authorised to do so by the management of the respective event.

(3) The head of the initial, further or continuing education programme or his deputy shall be responsible for compliance with the provisions of paragraphs 1 and 2.

Seventh section

Interventions and treatments for the production, extraction, storage or propagation of substances, products or organisms

§10a

Interventions or treatments on vertebrates that may be associated with pain, suffering or damage may only be carried out for the production, extraction, storage or propagation of substances, products or organisms if the requirements of Section 7 (2) and (3) are met. Anyone wishing to carry out interventions or treatments must notify the competent authority at least two weeks prior to commencement. The authority may shorten the deadline on proposal. §Section 8a (2) to (5), Sections 8b, 9 (1) sentence 1, (2), (3) sentence 1 and Section 9a apply accordingly.

Eighth section

Breeding, keeping of animals, trade in animals

§11

(1) Whoever

1. vertebrate animals

1. according to §9 Para. 2 No. 7 for experimental purposes or for the purposes specified in §6 Para. 1 Sentence 2 No. 4, §10 Para. 1 or §10a or
2. breed or keep animals in accordance with §4 Para. 3 for the purpose stated therein,

2. keep animals for others in an animal shelter or similar facility,

2a. keep animals in a zoological garden or other establishment where animals are kept and exhibited

2b. train dogs for third parties for protection purposes or maintain facilities for this purpose,

2c. organise animal fairs for the purpose of exchanging or selling animals by third parties, or

3. commercially

1. breed or keep vertebrate animals, with the exception of farm animals,
2. trade in vertebrates,
3. maintain a riding or driving operation,
4. exhibit animals or make them available for such purposes, or
5. control vertebrates as pests requires a licence from the competent authority. The proposal for the licence must state

1. the type of animals concerned,
2. the person responsible for the activity,
3. in the cases of sentence 1 no. 1 to 3 letters a to d, the premises and facilities and, in the case of sentence 1 no. 3 letter e, the devices and the substances and preparations intended for the activity. Proof of expertise within the meaning of paragraph 2 no. 1 shall be attached to the proposal.

(2) Authorisation may only be granted if

1. with the exception of the cases in paragraph 1 sentence 1 no. 2c, the person responsible for the activity has the specialised knowledge and skills required for the activity on the basis of their training or previous academic appointment or other contact with animals; proof of this must be provided in a technical interview with the competent authority on request;
2. the person responsible for the activity has the necessary reliability,
3. the rooms and facilities used for the activity enable the animals to be fed, cared for and housed in accordance with the requirements of Section 2, and
4. in the cases of sub-section 1 sentence 1 no. 3 letter e, the devices and substances or preparations intended for use are suitable for the control of the vertebrate species concerned in accordance with animal welfare requirements; this shall not apply to devices, substances or preparations that are authorised or prescribed for this purpose under other regulations.

(2a) To the extent necessary for the protection of animals, the authorisation may be granted subject to time limits, conditions and requirements. In particular, the following may be ordered

1. the obligation to identify the animals and to keep a livestock register,
2. a restriction of the animals by species, genus or number,
3. regular further education and training,
4. a ban on using animals for begging,
5. in the case of facilities with changing locations, immediate notification to the authority responsible for the place of activity,
6. preventing the animals from reproducing.

(3) The activity referred to in paragraph 1 sentence 1 may only be commenced after the licence has been granted. The competent authority shall prohibit the person who does not have the licence from carrying out the activity.

(4) The competent authority may also prevent the exercise of the activity prohibited under paragraph 3 sentence 2 by closing the operating or business premises.

(5) Anyone who trades in vertebrate animals on a commercial basis must ensure that the persons working for him in sales, with the exception of apprentices, have provided him with proof of their expertise on the basis of their training, their previous academic appointment or other contact with animals or their corresponding instruction before taking up this activity.

§11a

(1) Anyone who handles vertebrate animals

1. in accordance with §9 Para. 2 No. 7 for experimental purposes or for the purposes specified in §6 Para. 1 Sentence 2 No. 4, §10 Para. 1 or §10a or
2. in accordance with §4 Para. 3 for the purpose stated therein, must keep records of the origin and whereabouts of the animals and keep the records for three years. This shall not apply if a corresponding recording obligation exists for vertebrate animals of wild species on the basis of hunting or nature conservation regulations.

(2) Anyone who breeds dogs or cats for sale or use for one of the purposes mentioned in paragraph 1 sentence 1 shall permanently mark them before they are weaned from their mother in such a way that their identity can be established; monkeys or prosimians must be permanently marked accordingly after weaning or removal from the social group. Any person who acquires unmarked dogs, cats, monkeys or prosimians for sale or use for one of the purposes specified in sub-section 1 sentence 1 shall furnish proof that they are animals bred for such purposes and shall immediately mark them in accordance with sentence 1.

(3) The Federal Ministry shall be authorised to issue regulations on the type and scope of records and identification by statutory order with the approval of the Bundesrat. It may provide that records based on other legal provisions shall be deemed to be records pursuant to sentence 1.

(4) Anyone wishing to import vertebrate animals for use as laboratory animals or for the purposes specified in Section 6 (1) sentence 2 no. 4, Section 10 (1) or Section 10a or vertebrate animals pursuant to Section 4 (3) for the purpose specified therein from third countries shall require authorisation from the competent authority. The authorisation shall be granted if it is proven that the requirements of §9 Para. 2 No. 7 are fulfilled.

§11b

(1) It is prohibited to breed vertebrate animals or to modify them by means of biotechnological or genetic engineering measures if it must be expected that the offspring, the biotechnologically or genetically modified animals themselves or their offspring will lack body parts or organs for use in accordance with the species or will be unfit or remodelled for this purpose for hereditary reasons and that pain, suffering or damage will occur as a result.

(2) It is prohibited to breed vertebrate animals or to modify them by means of biotechnological or genetic engineering measures if it must be expected that the offspring

1. hereditary behavioural disorders associated with suffering or hereditary increases in aggression associated with suffering, or
2. any species-appropriate contact with conspecifics leads to pain or avoidable suffering or damage to themselves or a conspecific, or
3. whose keeping is only possible under conditions that cause them pain or avoidable suffering or harm.

(3) The competent authority may order the infertilisation of vertebrates if it is to be expected that their offspring will show disorders or changes within the meaning of paragraph 1 or 2.

(4) Paragraphs 1, 2 and 3 shall not apply to vertebrate animals modified by breeding or biotechnological or genetic engineering measures which are necessary for scientific purposes.

(5) The Federal Ministry shall be authorised, by ordinance subject to the approval of the Bundesrat, insofar as it is necessary for the protection of the animals, to specify the hereditary changes, behavioural disorders and increases in aggression referred to in subsections 1 and 2 and, in particular, to prohibit or restrict certain
breeding forms and breed characteristics.

§11c

Vertebrate animals may not be given to children or adolescents up to the age of 16 without the consent of their legal guardians.

Section nine

Prohibition of movement, transport and keeping

§12

(1 ) Vertebrate animals on which damage can be ascertained which may be assumed to have been caused by acts contrary to animal welfare may not be kept or exhibited; further details shall be regulated by ordinance in accordance with subsection (2) sentence 1 no. 4 or 5.

(2) The Federal Ministry is hereby authorised, by ordinance subject to the approval of the Bundesrat, insofar as it is necessary for the protection of animals, to

1. to make the introduction of animals or products of animal origin from a state which is not a member of the European Community into Germany (import) subject to compliance with minimum requirements with regard to the keeping or killing of animals and to a corresponding certificate and to regulate its content, form, issue and storage,

2. to make the import of certain animals subject to authorisation,

3. to prohibit the movement of certain animals from one country to another,

4. to prohibit the introduction of vertebrate animals into Germany or the keeping, in particular the exhibition, of vertebrate animals in Germany if the animals have been subjected to actions contrary to animal welfare in order to achieve certain breed characteristics,

5. to prohibit the keeping of vertebrate animals in which damage can be ascertained which can be assumed to have been inflicted on the animals by acts contrary to animal welfare, if the animals can only continue to live under suffering,

6. to prescribe that animals or products of animal origin may only be imported or exported via certain customs offices with assigned monitoring centres which the Federal Ministry, in agreement with the Federal Ministry of Finance, has published in the Federal Gazette. An ordinance pursuant to sentence 1 nos. 1, 2 or 3 may not be issued unless it is necessary for the implementation of legal acts of the European Community in this area or unless it conflicts with obligations under international law. An ordinance pursuant to sentence 1 no. 4 or 5 may not be issued if
Community law or obligations under international law conflict with it.

Section Ten

Other provisions for the protection of animals

§13

(1) It is prohibited to use devices or substances to catch, keep away or scare away vertebrates if this involves the risk of avoidable pain, suffering or damage to vertebrates; this shall not apply to the use of devices or substances that are admitted on the basis of other legal provisions. The provisions of hunting law, nature conservation law, plant protection law and epidemic law shall remain unaffected.

(2) The Federal Ministry is authorised, by ordinance subject to the approval of the Bundesrat, to order measures to protect game from avoidable pain or damage caused by agricultural or forestry work.

(3) The Federal Ministry is hereby authorised, in agreement with the Federal Ministry of Economics and the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, to prohibit, restrict or make subject to a permit the keeping of animals of wild species, trade in such animals and their import or export from Germany to a state which is not a member of the European Community (export), insofar as this is necessary for the protection of animals. As a prerequisite for authorisation, it may be required in particular that the applicant possesses and demonstrates the necessary reliability and the necessary professional knowledge and skills for the respective activity and that the animals are fed, cared for and housed in accordance with the requirements of § 2. The ordinance may also stipulate requirements for proof of the necessary reliability and the necessary specialised knowledge and skills in accordance with sentence 2 and regulate the procedure for providing proof.

§13a

In order to improve animal welfare, the Federal Ministry shall be authorised to determine, by ordinance subject to the approval of the Bundesrat, requirements for voluntary testing procedures to demonstrate that mass-produced housing systems and facilities for keeping farm animals and stunning equipment and facilities used in slaughtering go beyond the requirements of this Act and the minimum requirements of the ordinances issued on the basis of this Act. In particular, it shall specify the criteria, procedures and scope of the voluntary testing procedures as well as the requirements for the expertise of the experts involved in such testing procedures.

Eleventh section

Implementation of the Act

§14

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

1. stop animals and their means of transport, containers, loading and packaging materials on import for monitoring,
2. notify the competent authorities of suspected violations of the prohibitions and restrictions of this Act or the ordinances issued under this Act that arise during clearance,
3. in the cases referred to in number 2, order that the animals be presented to the competent authority at the expense and risk of the person authorised to dispose of them.

(2) The Federal Ministry of Finance shall, in agreement with the Federal Ministry, regulate the details of the procedure under paragraph 1 by statutory order without the consent of the Bundesrat. In particular, it may stipulate obligations to notify, register, provide information and render assistance, as well as to tolerate the inspection of business papers and other documents and to tolerate inspections.

§15

(1) The implementation of this Act and the ordinances issued on the basis of this Act shall be the responsibility of the competent authorities under federal state law. The competent authorities under Land law shall each appoint one or more commissions to assist the competent authorities in deciding on the authorisation of animal experiments. The majority of the committee members must have the expertise in veterinary medicine, medicine or a scientific discipline required for the assessment of animal experiments. Members shall also be appointed to the commissions who have been selected from nomination lists of animal protection organisations and who are suitable for assessing animal protection issues on the basis of their experience; the number of these members must be one third of the commission members. The competent authority shall immediately inform the Commission of proposals for the authorisation of experimental projects and give it the opportunity to comment within a reasonable deadline.

(2) The competent authorities shall involve the official veterinarian as an expert within the framework of the implementation of this Act or the ordinances issued on the basis of this Act.

(3) In the area of the Federal Armed Forces, the implementation of this Act and the legal provisions issued on the basis of this Act shall be the responsibility of the competent departments of the Federal Armed Forces. The Federal Ministry of Defence shall appoint a commission to assist the competent departments in deciding on the approval of experimental projects. The majority of the members of the commission must have the expertise in veterinary medicine, medicine or a scientific discipline required for the assessment of animal experiments. Members should also be appointed to the commission who have been selected from nomination lists of animal welfare organisations and who are suitable for assessing animal welfare issues on the basis of their experience. The department responsible at
shall immediately inform the Commission of proposals for the authorisation of experimental projects and give it the opportunity to comment within a reasonable deadline. The security concerns of the Bundeswehr must be taken into account. If animal experiments are to be carried out on behalf of the Bundeswehr, the Commission shall also be informed of this and given the opportunity to comment before the contract is awarded; paragraph 1 remains unaffected. The Land authority responsible for authorising the experimental project shall be informed of this. The competent Bundeswehr department shall send the statement on request.

§15a

The authorities responsible under Land law shall inform the Federal Ministry of cases of fundamental importance in the authorisation of experimental projects, in particular of cases in which the authorisation of experimental projects has been refused on the grounds that the requirements of Section 7 subsection 3 were not met, or in which the Commission under Section 15 subsection 1 or the Animal Welfare Commissioner has raised concerns regarding the fulfilment of these requirements.

§16

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

1. Livestock holdings, including horse holdings,
2. Establishments in which animals are slaughtered,
3. establishments in which

1. animal experiments are carried out,
2. interventions or treatments carried out on animals for training, further education or training purposes,
3. interventions or treatments are carried out on vertebrate animals for the production, extraction, storage or propagation of substances, products or organisms,
4. vertebrate animals are used for the purposes specified in Section 6 (1) sentence 2 no. 4 or
5. vertebrate animals are killed for scientific purposes or for training, advanced scientific training or further education,

4. Establishments according to §11 para. 1 sentence 1,
5. Establishments and businesses

1. which transport animals on a commercial basis,
2. in which animals are fed, cared for or housed during transport,

6. Circuses that are not operated on a commercial basis,
7. animal husbandry requiring a licence on the basis of an ordinance issued in accordance with §13 Para. 3.

(1a) Anyone who exhibits animals at changing locations in accordance with Section 11 Paragraph 1 Nos. 2a and 3 Letter d and Section 16 Paragraph 1 No. 6 must notify the competent authority of the intended location of any change of location in accordance with Sentence 2 at the latest when leaving the previous location. Section 11 (1) sentence 2 shall apply accordingly to the content of the notification.

(2) Natural and legal persons and unincorporated associations of persons shall, upon request, provide the competent authority with the information required to fulfil the tasks assigned to the authority by this Act.

(3) Persons authorised by the competent authority and experts from the Commission of the European Community and other Member States of the European Community (Member States) accompanying them may, within the framework of paragraph 2

1. enter land, business premises, farm buildings and means of transport belonging to the party obliged to provide information during business or operating hours,
2. to prevent urgent threats to public safety and order

1. the land, premises, buildings and means of transport referred to in paragraph 1 outside the times specified therein,
2. enter the living quarters of the person obliged to provide information; the fundamental right to the inviolability of the home (Article 13 of the Basic Law) is restricted in this respect,

3. inspect business documents,
4. examine animals and take samples, in particular blood, urine, faeces and feed samples,
5. carry out behavioural observations on animals, including by means of image or sound recordings. The person obliged to provide information must support the persons responsible for monitoring, in particular, upon request, identify the premises, rooms, facilities and means of transport, open rooms, containers and means of transport, assist with the inspection and examination of the individual animals, unload the animals from the means of transport and present the business documents. The person obliged to provide information shall, at the request of the competent authority, present animals kept in living quarters if there is an urgent suspicion that the animals are not being kept in a manner appropriate to their species or behaviour and that they are suffering considerable pain, suffering or damage as a result and an inspection of the keeping of animals in living quarters is not permitted.

(4) The person obliged to provide information may refuse to answer questions which, if answered, would expose him or herself or one of the relatives referred to in §383 para. 1 nos. 1 to 3 of the Code of Civil Procedure to the risk of criminal prosecution or proceedings under the Administrative Offences Act.

(4a) Whoever

1. as the operator of a slaughterhouse or as a trader slaughters on average at least 50 livestock units per week or
2. provides labour that feeds, stuns or bleeds animals for slaughter shall appoint a person authorised to issue instructions to the competent authority who is responsible for compliance with the requirements of this Act and the ordinances issued on the basis of this Act. Any person who operates or manages an animal husbandry, a facility or a business in accordance with paragraph 1 no. 1, 3, 5 or 6 may be obliged by the competent authority in individual cases to appoint a competent person authorised to issue instructions who is responsible for compliance with the requirements of this Act and the ordinances based on it. This shall not apply to businesses that are subject to the authorisation requirement pursuant to Section 11 (1).

(5) The Federal Ministry is authorised, by ordinance subject to the approval of the Bundesrat, to regulate monitoring in more detail insofar as this is necessary for the protection of animals. It may in particular

1. the performance of examinations, including sampling
2. the measures to be taken if animal transports do not comply with this Act or the ordinances issued on the basis of this Act,
3. details of the obligations to tolerate, support and submit,
4. record-keeping and document retention obligations and
5. regulate the central registration of animal shows and circuses with animal husbandry, insofar as the activity is carried out at changing locations (central circus register).

(6) Personal data may be collected insofar as this is provided for by this Act or if knowledge of such data is necessary for the collecting agency to fulfil its duties under this Act or ordinances issued on the basis of this Act. The Federal Ministry shall be authorised, with the consent of the Bundesrat, to specify the data to be collected under this Act in more detail by statutory order, including. regulations on their collection from third parties, storage, modification, utilisation and transmission. Otherwise, the Federal Data Protection Act and the data protection laws of the Länder shall remain unaffected.

(7) If the competent authority has serious doubts as to whether, when used as intended, mass-produced housing systems and facilities for keeping farm animals and stunning equipment and facilities used for slaughtering comply with the requirements of this Act and the ordinances issued on the basis of this Act, the manufacturer or supplier may be ordered to comply with the requirements of this Act, the manufacturer or supplier may be required to provide, at his own expense, an expert opinion from an independent expert body or person to be appointed by mutual agreement, unless he can refer to the successful completion of a voluntary test in accordance with an ordinance issued under Section 13a.

§16a

The competent authority shall issue the necessary orders to rectify established violations and to prevent future violations. In particular, it may

1. in individual cases, order the measures necessary to fulfil the requirements of §2,

2. take away an animal which, according to the opinion of the official veterinarian, is seriously neglected or shows serious behavioural disorders due to a lack of compliance with the requirements of §2, and place it elsewhere at the owner's expense until the owner can ensure that the animal is kept in accordance with the requirements of §2; If it is not possible to re-home the animal or if, after the competent authority has set a deadline, the owner is unable to ensure that the animal is kept in accordance with the requirements of Section 2, the authority may sell the animal; the authority may have the animal killed at the owner's expense while avoiding pain if the sale of the animal is not possible for legal or factual reasons or if, in the opinion of the official veterinarian, the animal can only continue to live with considerable pain, suffering or damage that cannot be remedied,

3. prohibit the person who has repeatedly or grossly contravened the provisions of §2, an order under number 1 or an ordinance under §2a and has thereby caused considerable or prolonged pain or suffering or considerable damage to the animals kept or cared for by him, from keeping or caring for animals of a particular or any species or make it dependent on obtaining a corresponding certificate of competence if facts justify the assumption that he will continue to commit such offences; on proposal, to authorise him to keep or care for animals again if the reason for assuming further offences has ceased to exist,

4. order the cessation of animal experiments that are carried out without the required authorisation or in contravention of a prohibition under animal protection law.

§16b

(1) The Federal Ministry shall appoint an Animal Welfare Commission to assist it in matters of animal welfare. The Federal Ministry shall consult the Animal Welfare Commission before issuing ordinances and general administrative regulations under this Act.

(2) The Federal Ministry shall be authorised to regulate the details of the composition, academic appointment of members, tasks and management of the Animal Welfare Commission by statutory order without the consent of the Bundesrat.

§16c

The Federal Ministry is authorised, by ordinance subject to the approval of the Bundesrat, to require persons and institutions that carry out animal experiments on vertebrate animals or that use vertebrate animals in accordance with Section 4 subsection 3, Section 6 subsection 1 sentence 2 no. 4, Section 10 or Section 10a to report information on the species, origin and number of animals used and on the purpose and nature of the experiments or other uses to the competent authority at specified regular intervals and to regulate the reporting and transmission procedure.

§16d

The Federal Ministry shall, with the approval of the Bundesrat, issue the general administrative regulations necessary for the implementation of this Act and the ordinances issued on the basis of this Act.

§16e

The Federal Government shall submit a report to the German Bundestag every two years on the status of the development of animal welfare.

§16f

(1 ) The competent authorities shall

1. shall provide the competent authority of another Member State with information upon reasoned request and forward the necessary documents to enable it to monitor compliance with animal welfare legislation,
2. verify the facts communicated by the requesting authority and inform it of the outcome of the verification.

(2. The competent authorities shall provide the competent authority of another Member State with information necessary for the supervision in that Member State, in particular in the case of infringements or suspected infringements of animal welfare legislation, accompanied by the necessary documents.

(3) The competent authorities may, insofar as this is necessary for the protection of animals or prescribed by European Community legislation, communicate data obtained in the course of monitoring to the competent authorities of other countries and other Member States, the Federal Ministry and the Commission of the European Community.

§16g

The Federal Ministry shall be responsible for communication with the competent authorities of other Member States and the Commission of the European Community. It may delegate this authority to the competent supreme state authorities by statutory order with the approval of the Bundesrat. In individual cases, it may also delegate this authority to the competent supreme Land authority in consultation with the latter. The supreme state authorities may delegate the authorisation under sentences 2 and 3 to other authorities.

§16h

Sections 16f and 16g shall apply mutatis mutandis to countries that are not Member States and are not parties to the Agreement on the European Economic Area.

§16i

(1) If a measure taken by the competent authority relating to the transport of animals from other Member States is in dispute between the competent authority and the person authorised to dispose of the animals, both parties may by mutual agreement have the dispute settled by arbitration by an expert. The dispute shall be submitted within one month of notification of the measure to an expert listed by the Commission of the European Community. The expert shall submit his report within 72 hours.

(2) The provisions of sections 1025 to 1065 of the Code of Civil Procedure shall apply mutatis mutandis to the arbitration agreement and the arbitration proceedings. The court within the meaning of §1062 of the Code of Civil Procedure shall be the competent administrative court; the court within the meaning of §1065 of the Code of Civil Procedure shall be the competent higher administrative court. By way of derogation from Section 1059 (3) sentence 1 of the Code of Civil Procedure, the application for cancellation must be submitted to the court within one month.

Twelfth section

Penalties and fines

§17

A custodial sentence not exceeding three years or a monetary penalty shall be imposed on any person who

1. kills a vertebrate animal without reasonable cause or
2. causes a vertebrate animal

1. out of cruelty causes considerable pain or suffering or
2. prolonged or repeated severe pain or suffering.

§18

(1) Any person who intentionally or negligently

1. causes considerable pain, suffering or damage to a vertebrate animal that he keeps, cares for or is obliged to care for without reasonable cause,
2. contravenes an enforceable order pursuant to Section 8a (5), Section 11 (3) sentence 2 or Section 16a sentence 2 no. 1, 3 or 4,
3. a

1. pursuant to §2a or
2. contravenes an ordinance issued in accordance with §§4b, 5 para. 4, §6 para. 4, §11a para. 3 sentence 1, §12 para. 2, §13 para. 2 or 3, §§13a, 14 para. 2, §16 para. 5 sentence 1 or §16c, insofar as it refers to this provision on fines for a specific offence,

4. contravenes a prohibition under §3,
5. kills a vertebrate animal contrary to §4 para. 1,
6. slaughters a warm-blooded animal contrary to §4a para. 1,
7. carries out an operation without anaesthesia contrary to §5 para. 1 sentence 1 or, without being a veterinarian, carries out anaesthesia contrary to §5 para. 1 sentence 2,
8. contravenes a prohibition in accordance with §6 Para. 1 Sentence 1 or carries out an operation in contravention of §6 Para. 1 Sentence 3,
9. does not ensure compliance with the provisions of §9 para. 1 sentence 1 or 3 or para. 2 no. 4 or 8 contrary to §6 para. 1 sentence 4 in conjunction with §9 para. 3 sentence 1,

9a. contrary to Section 6 (1) sentences 5, 6, 7 or 8, fails to report an intervention or fails to report it correctly, completely or in good time,

10. uses elastic rings contrary to §6 para. 2,
11. carries out animal experiments contrary to §7 para. 4 or 5 sentence 1,
12. carries out experiments on vertebrates without the authorisation required under Section 8 (1),
13. contrary to §8 para. 4 sentence 2, fails to notify a change or fails to notify it in good time,
14. fails to notify a project or change, or fails to notify it correctly, completely or in good time, contrary to Section 8a (1), (2) or (4),
15. contrary to Section 8a (3) sentence 2, fails to declare the number of experimental projects or the type or number of animals used, or fails to do so correctly or in good time,
16. fails to appoint an animal welfare officer in contravention of Section 8b (1) sentence 1, also in conjunction with Section 4 (3),
17. contrary to §9 para. 3 sentence 1, fails to ensure compliance with the provisions of §9 para. 1 or 2 or contrary to §9 para. 3 sentence 2, fails to ensure fulfilment of an enforceable requirement,
18. contrary to §9a, fails to keep, sign, retain or submit records, or fails to do so correctly or completely,
19. fails to ensure compliance with the provisions of §10 para. 1 or 2, contrary to §10 para. 3,
20. carries out an activity without the authorisation required under §11 Para. 1 Sentence 1 or contravenes an enforceable condition attached to such authorisation,

20 a. contrary to §11 Para. 5 does not ensure that a person working in sales has provided proof of his/her expertise,

21. contrary to §11 a, paragraph 1, sentence 1, fails to keep records or fails to keep them correctly or completely, or contrary to §11 a, paragraph 2, fails to mark animals or fails to mark them in the prescribed manner or in good time,

21 a. imports a vertebrate animal without authorisation in accordance with Section 11 a (4) sentence 1,

22. breeds vertebrate animals contrary to §11 b Para. 1 or 2 or modifies them by means of biotechnological or genetic engineering measures,
23. gives a vertebrate animal to children or adolescents up to the age of 16 in contravention of Section 11 c,
24. (cancelled),
25. uses a device or substance in contravention of Section 13 (1) sentence 1,

25 a. contrary to Section 16 (1a) sentence 1, fails to submit a notification, or fails to do so correctly, completely or in good time,

26. contrary to Section 16 (2), fails to provide information, provides incorrect or incomplete information or fails to fulfil an obligation to tolerate or cooperate pursuant to Section 16 (3) sentence 2, also in conjunction with an ordinance pursuant to Section 16 (5) sentence 2 no. 3, or
27. (cancelled).

(2) It shall also be an administrative offence to inflict considerable pain, suffering or damage on an animal without reasonable cause, except in the cases specified in paragraph 1 no. 1.

(3) The administrative offence may be punished in the cases of paragraph 1 no. 1, 2, 3 letter a, no. 4 to 9, 11, 12, 17, 20, 22, 25 and 27 and paragraph 2 with a fine of up to fifty thousand German marks, in the other cases of paragraph 1 with a fine of up to ten thousand German marks.

§19

Animals to which a criminal offence under §17 or an administrative offence under §18 paragraph 1 no. 1, 2, no. 3, insofar as the administrative offence relates to an ordinance under §2a or §5 paragraph 4, no. 4, 8, 9, 12, 17, 19, 21a, 22, 23, 24 or 27, may be confiscated.

§20

(1) If a person is convicted of an offence that is unlawful under Section 17 or is not convicted solely because his or her guilt is proven or cannot be ruled out, the court may prohibit him or her from keeping, trading or otherwise dealing professionally with animals of any or a specific species for a period of one year to five years or forever if there is a risk that he or she will continue to commit an offence that is unlawful under Section 17.

(2) The prohibition shall take effect when the judgement becomes final. The period during which the offender is detained in an institution shall not be included in the prohibition period. If, after the prohibition order has been issued, there is reason to believe that the danger that the offender will commit unlawful offences under section 17 no longer exists, the court may lift the prohibition if it has lasted for at least six months.

(3) Anyone who contravenes a prohibition under subsection (1) shall be liable to a custodial sentence not exceeding one year or to a monetary penalty.

§20a

(1 ) If there are urgent grounds for believing that a prohibition under section 20 will be ordered, the judge may by order provisionally prohibit the accused from keeping, trading or otherwise dealing professionally with animals of any or a particular species.

(2) The provisional prohibition under subsection (1) shall be lifted if its grounds no longer apply or if the court does not order a prohibition under section 20 in its judgement.

(3) Any person who contravenes a prohibition under subsection (1) shall be liable to a custodial sentence not exceeding one year or to a monetary penalty.

Thirteenth section

Transitional and final provisions

§21

The permit pursuant to Section 11 (1) sentence 1 shall apply to anyone who, on 31 May 1998

1. vertebrate animals

1. in accordance with Section 9 (2) No. 7 for the purposes specified in Section 6 (1) sentence 2 No. 4, Section 10 (1) or Section 10a or
2. breeds or keeps animals in accordance with §4 Para. 3 for the purpose stated therein,

2. keeps animals in a zoological garden or another facility in which animals are kept and exhibited,

3. trains dogs for third parties for protection purposes or maintains facilities for this purpose,

4. trades in vertebrate animals insofar as they are farm animals,

5. makes animals available for the purpose of displaying them, or

6. combats vertebrates as pests, is provisionally deemed to have been granted. The provisional licence expires

1. if an application for a permanent permit is not submitted by 1 May 1999,
2. if the proposal is submitted in good time, when the decision on the proposal becomes final.

§21a

Regulations under this Act may also be issued to implement European Community legislation in the field of animal welfare.

§21b

The Federal Ministry shall be authorised to repeal the following provisions by statutory order with the consent of the Bundesrat, even if they have been amended by state law:

1. the Act on the Slaughter of Animals in the corrected version published in the Federal Law Gazette Part III, Section 7833-2, as amended by Article 216 Section I of the Act of 2 March 1974 (BGBI. I p. 469);

2. the Ordinance on the Slaughter of Animals in the corrected version published in the Federal Law Gazette, Part III, Section 7833-2-1;

3. a) the Ordinance on the Slaughter and Storage of Live Fish and Other Cold-Blooded Animals in the corrected version published in the Federal Law Gazette Part III, Section 7833- 1-3, as amended by §23 Sentence 2 No. 5 of this Act,

b) Section 18 (1) No. 27 of this Act;

Bavaria

4. Ordinance No. 49 on the slaughter of animals in the corrected version published in the Federal Law Gazette Part III, Section 7833-2-2-a;

Hamburg

5. the amendment of the Ordinance on the Slaughter of Animals in the corrected version published in the Federal Law Gazette, Part III, Section 7833-2-1-a;

Hesse

6. the Act on the Slaughter of Animals in the corrected version published in the Federal Law Gazette, Part III, Section 7833-2-a;

North Rhine-Westphalia

7. the Ordinance on the Slaughter of Animals according to the Jewish Rite in the corrected version published in the Federal Law Gazette Part III, Section 7833-2-1-b (Collection of Corrected State Law of North Rhine-Westphalia p. 762) for the former North Rhine Province;

8. the ordinance on the slaughter of animals in the Jewish manner in the corrected version published in the Federal Law Gazette, Part III, Section 7833-2-1-c (Collection of the Corrected State Law of North Rhine-Westphalia, p. 762) for the former province of Westphalia.

§22

(Entry into force)

---