Animal experiments; application for a permit

Anyone wishing to carry out experiments on vertebrate animals must obtain approval for the experimental project from the competent authority.

Description

The application for approval of an experimental project in accordance with § 31 or § 36 (simplified approval procedure) of the Ordinance on Experimental Animals for Animal Protection must be submitted in writing to the Government of Upper Bavaria (for the administrative districts of Upper Bavaria, Lower Bavaria and Swabia) or to the Government of Lower Franconia (for the administrative districts of Lower Franconia, Middle Franconia, Upper Franconia and Upper Palatinate).

In the application it has to be

  • to demonstrate in a scientifically substantiated manner that the prerequisites of § 8 para. 1 sentence 2 no. 1 letter a and b of the Animal Welfare Act (TierSchG) are fulfilled
  • demonstrate that the prerequisites of § 8, paragraph 1, sentence 2, nos. 2 to 5 of the Animal Welfare Act (TierSchG) are fulfilled,
  • to demonstrate that the requirements of Section 8(1), second sentence, Nos. 6 to 8 of the Animal Welfare Act are met.

The application must be accompanied by a summary of the experimental project containing the information required under Section 41(1) sentence 2 of the Ordinance on Experimental Animals for the Protection of Animals.

According to § 8, paragraph 1 of the Animal Welfare Act, approval may only be granted if

  • it is scientifically substantiated that
    • the requirements of Section 7a (1) and (2) Nos. 1 to 3 of the Animal Welfare Act are met,
    • the desired result is not sufficiently known despite exhaustion of the accessible information possibilities or the verification of a sufficiently known result by a duplicate or repeat experiment is indispensable,
  • the responsible director of the experimental project and his deputy have the necessary professional qualification, in particular with regard to the supervision of animal experiments, and there are no facts which give rise to doubts as to their reliability,
  • the necessary premises, equipment and other material resources meet the requirements of the Ordinance on the Protection of Experimental Animals (Tierschutz-Versuchstierverordnung)
  • the personnel and organisational requirements for carrying out the animal experiments, including the activities of the animal welfare officer, are met
  • the husbandry of the animals complies with the requirements of § 2 of the Animal Protection Act and the Ordinance on Experimental Animals for the Protection of Animals and their medical care is ensured
  • compliance with the provisions of § 7, paragraph 1, sentence 2, no. 1 and § 7a, paragraph 2, nos. 4 and 5 of the Animal Welfare Act can be expected, and
  • compliance with the requirements of expertise, regulations on pain relief and anaesthesia of animals, regulations on the re-use of animals, prohibitions and restrictions on the use of animals, regulations on the avoidance of pain, suffering and damage after the purpose of the animal experiment has been achieved, regulations on the prevention of the death of an animal under the effect of the experiment or on the avoidance of pain and suffering in the event of the death of an animal, and regulations on the procedure to be followed after completion of the animal experiment, and that the animal experiment is carried out in a manner that is as environmentally compatible as possible can be expected.

The approval notice shall specify the head of the experimental project and his deputy, the facilities or establishments or the location in which the experimental project is to be carried out, a decision on whether and at what time the experimental project is to be evaluated retrospectively, and, where appropriate the ancillary provisions to be attached to the authorisation and, if the competent authority deviates in its decision from the scientifically substantiated statements pursuant to Section 31(1), second sentence, number 2 and the scientific assessments pursuant to Section 31(3), an explanation of the reasons, without prejudice to the requirements under administrative procedure law for justifying an administrative act.

Forms

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Status: 08.11.2021

Responsible for editing: Bayerisches Staatsministerium für Umwelt und Verbraucherschutz

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