Planned amendment to the Animal Welfare Act critical from a research perspective

The Animal Welfare Act (TierSchG) currently in draft form does not envisage any major changes for research, as long as it involves animal testing. However, during the legislative process, both the VBio (Association of German Biodiversity and Biodiversity Researchers) and the Federal Council (Bundesrat) have strongly criticized the lack of a clarifying provision in favor of science/basic research (the so-called research clause). Such a provision exists, for example, in other laws protecting agriculture, the so-called agricultural clauses, so that not every harvest in the field is simultaneously an intervention in nature and the landscape. Such a clarification in favor of basic research, according to which, for example, “In the context of animal experiments, a reasonable reason for killing can be assumed if the breeding and use of the animals has been carefully planned and the institution has used all the means at its disposal reasonable measures to avoid the creation of surplus animals and to prevent the further use of animals outside the specific animal experiment according to Assessment of the responsible person cannot be done" is missing from the text of the law. The aforementioned explanation can only be found in the explanatory memorandum. This does not satisfy the materiality theory, according to which essential decisions must be made by the legislature itself. Including it only in the explanatory memorandum carries the serious risk that, in practice, due to the increased penalties for killing an animal without reasonable cause and the doubling of the fine range from €25,000 to up to €50,000, sanctions will be imposed on researchers, and that they will only be able to raise the objection in court proceedings before a district judge. It is unlikely that all law enforcement officers actually read the legal explanatory memorandums of the Bundestag or the Bundesrat.

It is to be hoped that the Federal Council’s request and the criticism of the VBio will be met in favor of science.