As far back as 1979, the European Council issued its RECOMMENDATION 860 (1979) [1] on the dangers of overpopulation of domestic animals for the health and hygiene of man, and on humane methods of limiting such dangers, that reads:



 

1. Aware that overpopulation of domestic animals, particularly dogs and cats, constitutes a problem in several member countries, contributing, for example, to the pollution of the urban environment;



2. Concerned particularly at the health risk for human beings resulting from the existence of a large number of stray animals, which can act as carriers for dangerous infectious diseases including rabies;

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3. Recalling the continuous activity of the Council of Europe in favour of humane treatment of domesticated animals, and particularly the drawing up of European Conventions for the Protection of Animals during International Transport (1968) and for the Protection of Animals kept for Farming Purposes (1976);



4. Conscious of the need to attack the human ignorance which is the root cause of animal overpopulation through school education and information campaigns in the mass media, centred on the life of the animals, their needs, their requirements and the resulting obligations for man, and also the risks of disease;

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5. Recommends that the Committee of Ministers instruct the appropriate intergovernmental expert committee to draw up a European convention which should aim, in particular:



i. to control the trade in animals:

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a. by imposing strict standards of hygiene and welfare for animal rearing and sale;

b. by imposing a ban on the import of exotic animals ill-suited to European climatic condition ;

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c. by encouraging the trade to organise itself into national or international associations, with a view to drawing up an enforceable code of conduct;



ii. to control animal population:

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a. by making registration and marking of dogs compulsory and possibly by imposing a special tax on all dog-owners living in built-up areas, exempting pensioners, the blind and owners of watchdogs;

b. by introducing free or subsidised sterilisation of dogs and cats;

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c. by ensuring that when it is necessary for reasons of public health and hygiene to destroy stray animals the operation is carried out by qualified personnel, using humane and up-to-date scientific methods.





On 8 May 1979 (3rd Sitting) the Parliamentary Assembly of the Council of Europe recommended that the Committee of Ministers "instruct the appropriate intergovernmental expert committee to draw up a European convention".

 

The European Convention for the Protection of Pet Animals is a treaty of the Council of Europe to promote the welfare of pet animals and ensure minimum standards for their treatment and protection. The treaty was signed in 1987 and became effective on May 1, 1992, after at least four countries ratified it. Adherence to the treaty is open and not limited to member countries of the Council of Europe.



​Several countries (such as France and the United Kingdom) did not sign or ratify the treaty due to concerns by dog breeding association who opposed the treaty's ban on tail docking (§ 10.1 (a)) and on the cropping of ears (§ 10.1 (b)).

 

A review of the treaty performed in 1995 resulted in minor modifications of the text and allowed signatory states to declare themselves exempt from certain paragraphs of the treaty. Subsequently, a number of additional countries signed and ratified the treaty, making use of this commission by declaring themselves exempt from the prohibition of tail docking. No country that hock ratified the treaty made ​​any reservations regarding the other cosmetic surgeries prohibited by § 10: cropping of ears, removal of vocal cords, and declawing.



The Treaty of Rome, signed in 1957, established the European Economic Community. The Treaty is the legal base which is periodically revised to take account of institutional and policy changes within the European Union. The Treaty of Rome did not include a reference to animal welfare. In 1992 a declaration on animal welfare was annexed to the revised Treaty of Maastricht. A further revision resulted in the Treaty of Amsterdam which, thanks to Eurogroup campaigning, included a protocol on animal welfare requiring EU policy-makers to pay "full regard" to animal welfare when adopting legislation in a number of policy areas. The Treaty of Amsterdam became effective on 1 May 1999. In 2009 the text of the protocol was incorporated in the text of the Lisbon Treaty, as Article 13, which includes additional policy areas.  (Source: Eurogroup for Animals) 



The animal welfare protocol included in the 1997 Treaty of Amsterdam introduced a significant change, as, for the first time in European law, animals were referred to as sentient beings - able to feel pain and suffering. The Treaty of Lisbon, which entered into force on 1 December 2009, incorporated an article on animal welfare, which provides that:



“In formulating and implementing the Union's agriculture, fisheries, transport, internal market, research and technological development and space policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage”.