BETA

18 Amendments of Erika MANN related to 2008/0211(COD)

Amendment 63 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
1. NOwing to their high level of neurophysiological sensitivity and cognitive development, non-human primates shall not be used in procedures, with the exception of those procedures meeting the following conditions:
2009/02/23
Committee: ITRE
Amendment 65 #
Proposal for a directive
Article 8 – paragraph 1 – point a
(a) (a) the procedure has one of the purposes referred to in points (1), (2)(a), (3) and is undertaken with a view to the avoidance, prevention, diagnosis or treatment of life- threatening or debilitating clinical conditions in human beings or the purpose referred to in pointor (5) of Article 5;
2009/02/23
Committee: ITRE
Amendment 70 #
Proposal for a directive
Article 8 – paragraph 1 – point b
(b) there is a scientific justification by the applicant to the competent national authority that the purpose of the procedure cannot be achieved by the use of other species than non-human primates.
2009/02/23
Committee: ITRE
Amendment 73 #
Proposal for a directive
Article 8 – paragraph 2
2. Notwithstanding paragraph 1, great apes shall not be used in procedures, subject to the use of the safeguard clause in Article 50iven their particularly high level of neurophysiological sensitivity and cognitive development, procedures may be carried out on great apes only with a view to the avoidance, prevention, diagnosis or treatment of clinical conditions that are life-threatening for human beings or these animal species or which cause serious suffering and impairment or which threaten the survival of the species.
2009/02/23
Committee: ITRE
Amendment 98 #
Proposal for a directive
Article 15 – paragraph 2
2. Member States shall ensure that the procedures classified as "severe" are not performed if the pain, suffering or distress is likely to be prolonged.deleted
2009/02/23
Committee: ITRE
Amendment 100 #
Proposal for a directive
Article 15 – paragraph 2
2. Member States shall ensure that the procedures classified as "severe" are not performed only if the pain, suffering or distress is likely to be prolongedir relevance is scientifically apparent.
2009/02/23
Committee: ITRE
Amendment 101 #
Proposal for a directive
Article 16
1. Member States shall ensure that an animal already used in a procedure, when a different animal on which no procedures hasve previously been carried out could also be used, may be re-used in a new procedure only when all of the following conditions are met: (a) the previous procedure was classified as 'up to mild'; (b) it is demonstrated thasubsequent unconnected new procedures only when it its general state of health and well-being has been fully restored; (c) the further procedure is classified as 'up to mild' or 'non-recovery'. 2. By way of derogation from paragraph 1, the competent authority, on the basis of scientific justification, may allow re-use of an animal as long as the animal is not used more than once after having undergone a procedure entailing severe pain, distress or equivalent suffering and the further procedure is classified as 'up to mild' or as 'non-recovery'established that it serves the principles of avoiding, reducing and refining animal experiments.
2009/02/23
Committee: ITRE
Amendment 148 #
Proposal for a directive
Article 35 – paragraph 1
1. Member States shall ensure that projects are not carried out without a prior authorisation by the competent authority, unless they are subject only to obligatory notification.
2009/02/23
Committee: ITRE
Amendment 150 #
Proposal for a directive
Article 35 – paragraph 2
2. Granting of authorisation shall be subject to favourable ethical evaluation byon the competent authoritybasis of information provided by the applicant.
2009/02/23
Committee: ITRE
Amendment 159 #
Proposal for a directive
Article 36 – paragraph 1 – point c a (new)
(ca) a scientifically justified statement that the research project is indispensable and ethically defensible and that the purposes of the project cannot be achieved using other methods or procedures.
2009/02/23
Committee: ITRE
Amendment 161 #
Proposal for a directive
Article 37 – paragraph 1
1. The ethical evaluationBefore authorisation is granted, it shall be verifyied that the project as described and scientifically justified by the applicant meets the following criteria: (a) the project is scientifically justified or required by law, indispensable and ethically defensible; (b) the purposes of the project justify the use of animals and cannot be achieved through other methods or procedures; (c) the project is designed so as to enable procedures to be carried out in the most humaneanimal-welfare oriented and environmentally sensitive manner.
2009/02/23
Committee: ITRE
Amendment 162 #
Proposal for a directive
Article 37 – paragraph 2 – point d
(d) a harm-benefit analysis of the project, to assess whether the harm to the animals in terms of suffering, pain and distress, and to the environment, where appropriate, is justified byethically defensible in the light of the expected advancement of science that ultimately benefits human beings, animals or the environment;
2009/02/23
Committee: ITRE
Amendment 166 #
Proposal for a directive
Article 37 – paragraph 3 – introductory part
3. The competent authority carrying out the ethical evaluation shall consider corresponding expertsise in particular in the following areas:
2009/02/23
Committee: ITRE
Amendment 168 #
Proposal for a directive
Article 37 – paragraph 4
4. Ethical evaluation shall be performed in a transparent manner, by integrating the opinion of independent partiesby integrating independent expertise whilst safeguarding intellectual property and confidential information.
2009/02/23
Committee: ITRE
Amendment 172 #
Proposal for a directive
Article 38
1. The ethical evaluation shall determine, on the basis of the harm-benefit analysis referred to in point (d) of Article 37(2), whether the project should, once it has been completed, be assessed retrospectively by the competent authority. If a retrospective assessment is deemed appropriate, the ethical evaluation shall determine, in relation to the project concerned, the deadline by which the retrospective assessment is to take place. 2. Retrospective assessment shall evaluate the following: (a) whether the objectives of the project were achieved; (b) harm inflicted on animals including the numbers and species of animals used and the severity of the procedures; (c) elements that may contribute to the further implementation of the requirement of replacement, reduction and refinement. 3. All projects using non-human primates shall undergo a retrospective assessment. 4. Without prejudice to paragraph 3, all projects involving only procedures classified as "up to mild" shall be exempted from the requirement for a retrospective assessment.Article 38 deleted Retrospective assessment
2009/02/23
Committee: ITRE
Amendment 189 #
Proposal for a directive
Article 43 – paragraph 1
1. Member States shall ensure that the decision to grant an authorisation is taken and communicated to the user establishment at the latest within 390 days from the submission of the application. Should the Member Statecompetent authority fail to take a decision within that period, the authorisation shall be deemed to have been granted, where the project concerned involves only procedures classified as "up to mild" and non-human primates are not used. In all other cases, no such presumption shall apply.
2009/02/23
Committee: ITRE
Amendment 192 #
Proposal for a directive
Article 43 – paragraph 2
2. Notwithstanding paragraph 1, in exceptional circumstances and where the project is non-routine, multi-disciplinary and innovative, the decision to grant an authorisation shall be taken and communicated to the user establishment within 60 days from the submission of the application.deleted
2009/02/23
Committee: ITRE
Amendment 217 #
Proposal for a directive
Annex IV – point 3 – point 3.5 – point a
(a) USufficient uncontaminated drinking water shall always be available to all animals.
2009/02/23
Committee: ITRE