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Document 32020D0569
Commission Implementing Decision (EU) 2020/569 of 16 April 2020 establishing a common format and information content for the submission of the information to be reported by Member States pursuant to Directive 2010/63/EU of the European Parliament and of the Council on the protection of animals used for scientific purposes and repealing Commission Implementing Decision 2012/707/EU (notified under document C(2020) 2179) (Text with EEA relevance)
Commission Implementing Decision (EU) 2020/569 of 16 April 2020 establishing a common format and information content for the submission of the information to be reported by Member States pursuant to Directive 2010/63/EU of the European Parliament and of the Council on the protection of animals used for scientific purposes and repealing Commission Implementing Decision 2012/707/EU (notified under document C(2020) 2179) (Text with EEA relevance)
Commission Implementing Decision (EU) 2020/569 of 16 April 2020 establishing a common format and information content for the submission of the information to be reported by Member States pursuant to Directive 2010/63/EU of the European Parliament and of the Council on the protection of animals used for scientific purposes and repealing Commission Implementing Decision 2012/707/EU (notified under document C(2020) 2179) (Text with EEA relevance)
C/2020/2179
OJ L 129, 24.4.2020, p. 16–50
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
24.4.2020 |
EN |
Official Journal of the European Union |
L 129/16 |
COMMISSION IMPLEMENTING DECISION (EU) 2020/569
of 16 April 2020
establishing a common format and information content for the submission of the information to be reported by Member States pursuant to Directive 2010/63/EU of the European Parliament and of the Council on the protection of animals used for scientific purposes and repealing Commission Implementing Decision 2012/707/EU
(notified under document C(2020) 2179)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Article 43(4) and Article 54(4) thereof,
Whereas:
(1) |
Following the amendments provided for in Regulation (EU) 2019/1010 of the European Parliament and of the Council (2), Directive 2010/63/EU now requires Member States to submit non-technical project summaries of authorised projects, and any updates thereto, by electronic transfer to the Commission. In order to enable the Commission to establish and maintain a central database for those summaries and updates and to ensure that meaningful searches can be carried out on that data, a uniform presentation of those summaries and updates is needed. Therefore, templates should be established for submitting the non-technical project summaries, and any updates thereto, and Member States should be required to upload such summaries and updates to the database established by the Commission. |
(2) |
Directive 2010/63/EU also requires Member States to submit information on the implementation of that Directive, as well as statistical information on the use of animals in procedures, by electronic transfer to the Commission. |
(3) |
On the basis of the information submitted by the Member States on the implementation of Directive 2010/63/EU, the Commission services are to publish and regularly update a Union overview. Directive 2010/63/EU also requires the Commission services to make the statistical data submitted by the Member States and a summary report thereof publicly available on an annual basis. To enable the Commission to satisfy both of those requirements, the content of that information should be established by laying down information categories. |
(4) |
As regards information on implementation, the information categories to be reported on should correlate with the relevant requirements of Directive 2010/63/EU. As regards statistical information, it is necessary to specify the statistical data input categories available in the searchable, open access database established by the Commission pursuant to Directive 2010/63/EU. |
(5) |
In order to improve transparency and to reduce the administrative burden, Member States should be required to use the database established by the Commission for the purposes of submitting the information on the implementation of Directive 2010/63/EU as well as the statistical information on the use of animals in procedures. |
(6) |
The content and format of the detailed information to be submitted by Member States on the methods considered to be at least as humane as those contained in Annex IV to Directive 2010/63/EU should be specified in a way that allows the list of methods for the killing of animals contained in that Annex to be kept up to date. Therefore, it is appropriate to lay down a template allowing for the submission of information on the type of method, the species concerned and the justification for granting an exemption, and to require Member States to use that template. |
(7) |
The empowerments on which this Decision is based are closely linked as they both deal with the reporting of information by Member States under Directive 2010/63/EU. Given this substantive link, and to ensure a consistent and coherent approach, it is appropriate to adopt a single Decision establishing all requirements falling within the scope of those empowerments. It is therefore necessary to replace Commission Implementing Decision 2012/707/EU (3), in which the common format for the submission of the information referred to in Article 54 of Directive 2010/63/EU is laid down, by a new Implementing Decision based on both Article 43(4) and Article 54(4) of Directive 2010/63/EU. Implementing Decision 2012/707/EU should therefore be repealed. |
(8) |
The measures provided for in this Decision are in accordance with the opinion of the Animals in Science Committee, |
HAS ADOPTED THIS DECISION:
Article 1
For the purposes of the second sentence of Article 43(3) of Directive 2010/63/EU, Member States shall submit the information specified in Annex I to this Decision using the database established by the Commission in accordance with the third sentence of Article 43(4) of that Directive. The non-technical project summaries, and updates thereto, shall correspond to the templates laid down in Annex I to this Decision.
Article 2
For the purposes of Article 54(1) of Directive 2010/63/EU, Member States shall submit the information specified in Annex II to this Decision using the database established by the Commission in accordance with the first sentence of the third subparagraph of Article 54(2) of that Directive.
Article 3
For the purposes of Article 54(2) of Directive 2010/63/EU, Member States shall submit the information specified in Annex III to this Decision using the database established by the Commission in accordance with the first sentence of the third subparagraph of Article 54(2) of that Directive.
Article 4
For the purposes of Article 54(3) of Directive 2010/63/EU, Member States shall submit the information specified in Annex IV to this Decision using the template laid down in that Annex.
Article 5
Implementing Decision 2012/707/EU is repealed with effect from 17 April 2020. References to the repealed Decision shall be construed as references to this Decision and read in accordance with the correlation table in Annex V.
Article 6
This Decision is addressed to the Member States.
Done at Brussels, 16 April 2020.
For the Commission
Virginijus SINKEVIČIUS
Member of the Commission
(1) OJ L 276, 20.10.2010, p. 33.
(2) Regulation (EU) 2019/1010 of the European Parliament and of the Council of 5 June 2019 on the alignment of reporting obligations in the field of legislation related to the environment, and amending Regulations (EC) No 166/2006 and (EU) No 995/2010 of the European Parliament and of the Council, Directives 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU of the European Parliament and of the Council, Council Regulations (EC) No 338/97 and (EC) No 2173/2005, and Council Directive 86/278/EEC (OJ L 170, 25.6.2019, p. 115).
(3) Commission Implementing Decision 2012/707/EU of 14 November 2012 establishing a common format for the submission of the information pursuant to Directive 2010/63/EU of the European Parliament and of the Council on the protection of animals used for scientific purposes (OJ L 320, 17.11.2012, p. 33).
ANNEX I
PART A
Template for the submission of non-technical project summaries referred to in article 43(1) of directive 2010/63/EU
Title of the project |
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Duration of project (in months) |
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Key Words (maximum of 5) (1) |
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Purpose of project (2) (multiple choices possible) |
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Objectives and predicted benefits of the project |
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Describe the objectives of the project (for example, addressing certain scientific unknowns, or scientific or clinical needs). |
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What are the potential benefits likely to derive from this project? Explain how science could be advanced, or humans, animals or environment may ultimately benefit from the project. Where applicable, differentiate between short-term benefits (within the duration of the project) and long-term benefits (which may accrue after the project is finished). |
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Predicted harms |
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In what procedures will the animals typically be used (for example, injections, surgical procedures)? Indicate the number and duration of these procedures. |
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What are the expected impacts/adverse effects on the animals, for example pain, weight loss, inactivity/reduced mobility, stress, abnormal behaviour, and the duration of those effects? |
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What species and numbers of animals are expected to be used? What are the expected severities and the numbers of animals in each severity category (per species)? |
Species (4) |
Estimated total numbers |
Estimated numbers per severity |
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Non-recovery |
Mild |
Moderate |
Severe |
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What will happen to the animals kept alive at the end of the procedure? (5) , (6) |
Estimated number to be reused |
Estimated number to be returned to habitat/husbandry system |
Estimated number to be rehomed |
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Please provide reasons for the planned fate of the animals after the procedure. |
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Application of the Three Rs |
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1. Replacement State which non-animal alternatives are available in this field and why they cannot be used for the purposes of the project. |
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2. Reduction Explain how the numbers of animals for this project were determined. Describe steps that have been taken to reduce the number of animals to be used, and principles used to design studies. Where applicable, describe practices that will be used throughout the project to minimise the number of animals used consistent with scientific objectives. Those practices may include e.g. pilot studies, computer modelling, sharing of tissue and reuse. |
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3. Refinement Give examples of the specific measures (e.g., increased monitoring, post-operative care, pain management, training of animals) to be taken, in relation to the procedures, to minimise welfare costs (harms) to the animals. Describe the mechanisms to take up emerging refinement techniques during the lifetime of the project. |
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Explain the choice of species and the related life stages. |
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Project selected for Retrospective Assessment (7) |
Deadline |
Contains severe procedures |
Uses non-human primates |
Other reason |
PART B
Template for the submission of an update to the non-technical project summary referred to in article 43(2) of directive 2010/63/EU
Title (as per Non-technical Project Summary) |
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Reason for Retrospective Assessment (8) |
Using non-human primates |
Contains ‘severe’procedures |
Other reason |
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Explain ‘Other reason’ |
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Achievement of objectives |
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Explain briefly whether, and to what extent, the objectives set out in the authorised project have been achieved. Provide reasons if objectives have not been attained. Have there been any other significant findings? What benefits have resulted from the work to date, and are further benefits expected? Have the results of this project been disseminated, including where hypotheses are not proven? If so, describe how. If not, indicate how and when results are expected to be publicised. |
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Harms |
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Species (9) |
Total numbers of animals used |
Numbers of animals per actual severity |
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Non-recovery |
Mild |
Moderate |
Severe |
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How do numbers of animals used and actual severities compare with those estimated? Where the actual numbers are higher than the estimated numbers, please provide an explanation. Where the actual numbers are lower, please provide an explanation unless that difference is a result of Reduction or Refinement? |
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How does the fate of animals kept alive at the end of the study compare with the estimated fate? Please provide an explanation. |
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Any elements that may contribute to further implementation of the Three Rs: |
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1. Replacement |
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With the knowledge obtained from this project, have any new approaches that could replace some or all of the use of animals in similar projects been identified/developed (including the development/validation of new in vitro or in silico techniques)? |
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2. Reduction |
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With the knowledge obtained from this project, could the experimental design be improved to enable any further reduction of the use of animals, and if so, how? Provide an explanation where numbers of animals used were lower than those originally estimated. |
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3. Refinement |
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Provide an explanation where the actual severities were lower than those originally estimated. With the new knowledge obtained from this project, are the animal models used still the most appropriate? Please specify per species/model, where appropriate. List any novel refinements introduced during the project to reduce harm to the animals or to improve their welfare. What are the potential opportunities for further refinement in the future, for example, emerging technologies, techniques, improved welfare assessment methods, earlier endpoints, housing/husbandry measures? |
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4. Other |
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How are the findings for further implementation of the Three Rs disseminated? |
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Additional comments |
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(1) Including scientific terms which may consist of more than 5 individual words and excluding species and purposes entered elsewhere in the document
(2) To be provided via a dropdown menu
(3) List of purposes in accordance with statistical reporting categories and sub-categories in Annex III to this Decision
(4) Species in accordance with statistical reporting categories in Annex III to this Decision, with an additional option of ‘non-specified mammal’ to safeguard anonymity in exceptional cases
(5) Species to be populated from the previous response to select from under the relevant category (proportions)
(6) Multiple choices per species possible
(7) Multiple choices possible; applicable to those MS where this information is required by the legislation
(8) Multiple choices possible
(9) Species in accordance with statistical reporting categories in Annex III to this Decision, with an additional option of ‘non-specified mammal’ to safeguard anonymity in exceptional cases
ANNEX II
INFORMATION REFERRED TO IN ARTICLE 54(1) OF DIRECTIVE 2010/63/EU
A. NATIONAL MEASURES ON THE IMPLEMENTATION OF DIRECTIVE 2010/63/EU
Provide information on changes made to national measures regarding the implementation of Directive 2010/63/EU since the previous report.
B. STRUCTURES AND FRAMEWORK
1. Competent authorities (Article 59 of Directive 2010/63/EU)
Explain the framework for competent authorities, including the numbers and types of authorities as well as their respective tasks, and explain the measures taken to ensure compliance with the requirements of Article 59(1) of Directive 2010/63/EU.
2. National committee (Article 49 of Directive 2010/63/EU)
Explain the structure and operation of the national committee, and the measures taken to ensure compliance with the requirements of Article 49 of Directive 2010/63/EU.
3. Education and training of personnel (Article 23 of Directive 2010/63/EU)
Provide information on the minimum requirements referred to in Article 23(3) of Directive 2010/63/EU; describe any additional educational and training requirements for staff coming from another Member State.
4. Project evaluation and authorisation (Articles 38 and 40 of Directive 2010/63/EU)
Explain the processes of project evaluation and authorisation, and the measures taken to ensure compliance with the requirements of Articles 38 and 40 of Directive 2010/63/EU.
C. OPERATION
1. Projects
1.1. Granting of project authorisation (Articles 40 and 41 of Directive 2010/63/EU)
1.1.1. |
In respect of each year, provide numbers for the following:
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1.1.2. |
For the purposes of point (c), provide summary information, covering the five-year reporting cycle, on the reasons where the deadline of 40 days has been extended. |
1.2. Retrospective assessment, non-technical project summaries (Article 38(2)(f), Articles 39 and 43 of Directive 2010/63/EU)
1.2.1. |
Explain the measures taken to ensure compliance with the requirements of Article 43(1) of Directive 2010/63/EU and indicate whether there is a requirement for non-technical project summaries to specify that a project is to undergo retrospective assessment (Article 43(2) of Directive 2010/63/EU). |
1.2.2. |
In respect of each year, provide the number of projects authorised that are to undergo a retrospective assessment in accordance with Article 39(2) of Directive 2010/63/EU and the number of projects authorised that are to undergo a retrospective assessment under Article 38(2)(f) of that Directive. Categorise each of those projects as one of the following types:
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1.2.3. |
Provide summary information, covering the five-year reporting cycle, on the nature of projects selected for retrospective assessment in accordance with Article 38(2)(f) of Directive 2010/63/EU that are not automatically subject to retrospective assessment in accordance with Article 39(2). |
2. Animals bred for use in procedures (Articles 10, 28 and 30 of Directive 2010/63/EU)
2.1. |
Provide the species and numbers of animals that were bred and born (including by Caesarean section) for use in procedures and, having never been used in any procedures, were killed during the calendar year immediately preceding that in which the five-year report is submitted. |
2.1.1. |
Include animals killed for organs or tissues and animals from the creation and maintenance of genetically altered (GA) animal lines, which are not covered in the annual statistics pursuant to Article 54(2) of Directive 2010/63/EU. |
2.1.2. |
Categorise these animals as one of the following types:
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2.1.3. |
The category referred to in point (a) excludes animals as a result of a creation of a new GA line and from the maintenance of a GA line, which are to be reported in the categories referred to in points (d) and (e) respectively; |
2.1.4. |
The categories referred to in points (b) and (c) include animals as a result of creation of a new GA line and from maintenance of a GA line, when providing organs and/or tissues; |
2.1.5. |
The categories referred to in points 2.1.2(d) and (e) exclude the following animals, which are to be reported in the annual statistics pursuant to Article 54(2) of Directive 2010/63/EU:
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2.2. |
Explain the measures taken to ensure compliance with the requirements of Articles 10 and 28 of Directive 2010/63/EU when sourcing non-human primates. |
3. Exemptions
3.1. |
Provide summary information, covering the five-year reporting cycle, on circumstances under which exemptions were granted in accordance with Article 10(3), the second subparagraph of Article 12(1) and Article 33(3) of Directive 2010/63/EU. |
3.2. |
Provide information for the same period on any exceptional circumstances as referred to in Article 16(2) of that Directive where the reuse of an animal was authorised after a procedure in which the suffering of that animal was assessed to have been severe. |
4. Animal welfare body (Articles 26 and 27 of Directive 2010/63/EU)
Explain the measures taken to ensure compliance with the requirements regarding the structure and functioning of animal welfare bodies of Articles 26 and 27 of Directive 2010/63/EU.
D. PRINCIPLES OF REPLACEMENT, REDUCTION AND REFINEMENT
1. Principle of replacement, reduction and refinement (Articles 4 and 13 and Annex VI of Directive 2010/63/EU)
1.1. |
Provide information on the measures taken to ensure that the principles of (a) replacement, (b) reduction and (c) refinement are satisfactorily addressed within authorised projects in accordance with Articles 4 and 13 of Directive 2010/63/EU. |
1.2. |
Provide information on the measures taken to ensure that the principles of (a) reduction and (b) refinement are satisfactorily addressed during housing and care in breeding and supplying establishments in accordance with Article 4 of Directive 2010/63/EU. |
2. Avoidance of duplication (Article 46 of Directive 2010/63/EU)
Explain how duplication of procedures is avoided to comply with Article 46 of Directive 2010/63/EU.
3. Tissue sampling of genetically altered animals (Articles 4, 30 and 38 of Directive 2010/63/EU)
3.1. |
In respect of tissue sampling for the purposes of genetic characterisation carried out with and without project authorisation, provide representative information and numbers regarding species, methods and their related actual severity. That information shall be provided only for the calendar year immediately preceding that in which the five-year report is submitted. |
3.2. |
List the criteria used to ensure that the information in point 3.1 is representative. |
3.3. |
Provide information on efforts made to refine tissue sampling methods. |
E. ENFORCEMENT
1. Authorisation of breeders, suppliers and users (Articles 20 and 21 of Directive 2010/63/EU)
1.1. |
In respect of each year, provide numbers for all active authorised breeders, suppliers and users separately. |
1.2. |
Provide summary information, covering the five-year reporting cycle, on reasons for suspensions or withdrawals of authorisations of breeders, suppliers and users. |
2. Inspections (Article 34 of Directive 2010/63/EU)
2.1. |
In respect of each year, provide numbers for inspections, broken down by announced and unannounced. |
2.2. |
Provide summary information, covering the five-year reporting cycle, on main findings of inspections. |
2.3. |
Explain the measures taken to ensure compliance with the requirements of Article 34(2) of Directive 2010/63/EU. |
3. Withdrawals of project authorisation (Article 44 of Directive 2010/63/EU)
Provide summary information, covering the five-year reporting cycle, on reasons for the withdrawal of project authorisations.
4. Penalties (Article 60 of Directive 2010/63/EU)
4.1. |
Provide summary information, covering the five-year reporting cycle, on the nature of the following:
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ANNEX III
PART A
Flowchart of statistical data input categories under article 54(2) of directive 2010/63/EU