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The palgrave international handbook of a 392

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392 A Menache Thus, in the EU, Directive 86/609/EEC on the protection of animals used for experimental and other scientific purposes was adopted in 1986, the chief aim of which was to harmonise the laws of EU Member States to ensure that: the number of animals used for experimental or other scientific purposes is reduced to a minimum, that such animals are adequately cared for, that no pain, suffering, distress or lasting harm are inflicted unnecessarily and ensure that, where unavoidable, these shall be kept to the minimum; in particular, unnecessary duplication of experiments should be avoided (European Economic Community 1986— Council Directive of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes) Prior to 1986 in the UK, the use of animals in scientific procedures was regulated by the Cruelty to Animals Act 1876, which enforced a licensing and inspection system for animal experiments Although both the UK Animal Welfare Act 2006 and the Animals (Scientific Procedures) Act 1986 currently outlaw the causing of ‘unnecessary suffering’ the major difference between these two pieces of legislation is that specific exemptions apply to animal experiments licensed under the 1986 Act (Select Committee on Animals in Scientific Procedures Report 2001) As will become evident later on in the chapter, identical acts of deliberate animal cruelty potentially punishable by custodial sentencing under the Animal Welfare Act 2006 are essentially immune from prosecution under the Animals (Scientific Procedures) Act 1986 The 1986 Act effectively enshrines animal suffering by means of legal definitions, whereby an animal experiment becomes a ‘regulated procedure’ licensed to potentially cause pain, suffering, distress or lasting harm to a ‘protected animal’, which encompasses all living vertebrates other than humans, under the responsibility of humans The 1986 legislation (Directive 86/609/EEC) was amended and subsequently replaced by Directive 2010/63/EU (European Commission 2010— Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes) The revised directive sets down guidelines on the general care and use of live animals In addition, methods of killing animals are described in Annex IV These include cervical dislocation without prior sedation in birds, rodents and rabbits below a given weight Killing by concussion or percussive blow to the head without prior sedation is permitted in larger birds, rodents and rabbits, in addition to dogs, cats, ferrets and foxes

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