GERMAN DOCKING BAN INTRODUCED 1st JUNE 1998

The following is a translation of a document received from the German Kennel Club (VDH):

Amendments to the Animal Protection Act have been passed Comprehensive amendments to the Animal Protection Act were passed surprisingly quickly on March 25th/26th 1998 by the Federal Parliament and Federal Council.

Whilst an amendment which included, among other things, a ban on the docking of tails was due to be passed already in 1994, it was rejected at the time by the Federal Council (on different grounds).

A new initiative was taken two years later to amend the law, particularly under the pressure exerted by the Federal States. On the occasion of hearings before the Agricultural Commission, as well as following intensive discussions with the Federal Ministry of Agriculture, the members of the Commission and here, in particular, with the spokesmen, as well as the competent representatives of all parties, the Federation was unable to prevent a general ban on the docking of tails from being included in the bill.

After the bill had been passed in February 1998 by the Federal Parliament, it went to the Mediation Commission after having been rejected once again by the Federal Council. An agreement was reached there during the evening of March 25th 1998 whose substance went considerably beyond the original draft. After 24 hours later, the bill submitted by the mediation Commission was approved by a majority of the Federal Parliament. It was then immediately included in the agenda of the meeting of the State chambers for the following day and approved there by a majority.

The law came into force June 1st 1998 after which it is forbidden to dock the tails of dogs and only exceptions are dogs used for hunting, with special regulations.

Since 1st of May 2002 it is forbidden to show dogs with docked tails (docked after 1st of June 1998) at any German exhibitions. Docked dogs may only be shown, if they were docked according to the animal protection law (veterinary indication, exceptions for dogs, which are used for hunting).

In addition to numerous alterations concerning animal tests and the breeding and keeping of working animals, the new Animal Protection Act includes a number of stipulations affecting the interests of VDH member associations.

These are, in the order of the articles of the text of the law;

1. Familiarity with the keeping of animals

Article 2 Animal Protection Act is supplemented by the stipulation that the keeper

"must possess the necessary knowledge and ability for the proper feeding, care and accommodation of the animal"

The VDH has already attended to this for a long time past by the minimum keeping conditions. It follows that allowance was made for our demand for a general application of such stipulations also outside the Federation.

2. Ban on the breeding and training of fighting animals

The new Animal Protection Act includes the following ban;

To train or break in animals for aggressive behaviour if, as a result of this behaviour, "the animal itself is exposed to pain, suffering or damage or, as a result of contact with similar species, causes itself or a similar species pain or avoidable suffering or damage or only allows for its keeping under conditions causing it pain or avoidable suffering or damage"

In addition, article 11b contains a ban on breeding, if there is an increase in aggression due to hereditary causes.

These bans strengthen the position of the Federation with regard to the so called "fighting dog" discussion, because the influence exerted by the keeper of dangerous dogs is being focussed on. Training in the sector of our canine sports does not come under this statutory clause, as explicitly confirmed by the Federal Ministry of Agriculture following request.

3. Ban on so called "teletect" devices

The use of a device which

"use electrical current to influence the species-specific behaviour of animals, notably in terms of restricting or enforcing movement"

is prohibited.

In addition to so called cow and pig…. Or cow trainers, this ban applies to the use of electro-stimulus devices in the training of dogs. Although this clause makes allowances for exceptions under the Federal or State law, this also takes into consideration the view taken by the VDH because the use of such devices is already now prohibited at the exercise areas of the members associations.

If Parliament passes additional stipulations, the VDH will be consulted.

4. Ban on docking of tails.

The new version of the Animal Protection Act only allows the docking of dogs tails if;

"intervention in individual cases is called for by a veterinary or if in the case of dogs used for hunting, this is essential for the intended use of the animal and if this is not opposed by any veterinary misgivings"

It follows that the demand by animal welfare organisations is reflected by the amended law, which had demanded the ban on the docking of tails as long ago as 1985 and 1984. The exception for "dogs used for hunting" has been made extremely narrow as a result of the "need for indispensability".

Although it is extremely regrettable that the VDH's ideas to dispense with a comprehensive ban on the docking of tails could no longer be implemented, the new Animal Protection Act nevertheless makes allowance for arguments and recommendations raised by the VDH (see earlier circulars), as expressed particularly in the case of the ban on imports of dogs whose tails have been docked.

5. Ban on keeping and exhibition (ban on imports)

Article 12, paragraph 2 prohibits in future the import, keeping or exhibiting of dogs whose tails have been unlawfully docked.

However, these regulations only apply when a decree has been passed by the federal Ministry of Agriculture which must be passed within 24 months after the law has come into force.

According to information supplied by the Federal Ministry of Agriculture, this decree will deal with;

• Ban on the display of dogs bred in Germany and whose ears have been cropped.
• Ban on the display of dogs bred in Germany following coming into force of the Animal Protection Act, whose tails have been docked illegally (not used for hunting).
• Ban on the import, keeping and exhibition of dogs from abroad whose ears have been cropped or whose tails have been docked illegally according to German law.
• Exceptions applicable to docked dogs already kept now.

Particularly the stipulations last named invalidate the completion arguments raised by the VDH concerning discrimination against German breeders in favour of those from abroad.

Summing up

A large group of VDH-RZV is affected by the ban on docking tails. A total of 29 member associations deal with one or several of the 38 species which will in future be subject to a ban on docking. These associations combined register 22,000 of the total of 120,000 pups bred by the VDH in the pedigree records and represent approximately 85,000 individual members.

Although the new Animal Protection Act allows for a number of initiatives by the VDH and contains notable improvements, the inclusion of the ban on the docking of tails considerably affects the interests of the associations concerned and for which the VDH has stood up for in the past.

This is borne out by the Federations activities such as;

• Taking part in the hearings before the Agricultural Commission and the Federal Ministry of Agriculture. · The drafting and submission of comprehensive written comments
• The intensive discussions with the Federal Ministry of Agriculture, members of the Agricultural Commission as well as the representatives of all parties.
• Discussions with representatives of other federations such as the Animal Protection Federation, BpT and BbT. · Several letters sent to all members of the Federal Parliament as well as
• Personal letters by the President of the VDH to the Federal Chancellor and the Prime Ministers of the States.

In the view of the extremely far reaching effects particularly as a result of the inclusion of the bans on docking tails, keeping and exhibiting in the new Animal Protection Act for our member associations, the VDH Executive intends to obtain an expert opinion by a constitutional lawyer still to be named. The latter will have to consider whether the Animal Protection Act passed is compatible with the law of the European Union in force.

As already in the past, the Federation will keep its member associations informed in due course and comprehensively of the future state of developments.

April 7 1998

The ban is now in full effect