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The regulation of animal research in Germany
Researchers studying heart disease sometimes refer to the French Paradox: this being the observation that the French diet does not appear to influence their cardiovascular health. In the regulation of animal research there is a German paradox: this being that although the regulations governing such research are now more restrictive in neighbouring countries such as Austria and Switzerland, German animal researchers are looking for research opportunities in these neighbouring countries.
This phenomenon may be caused by the differences in the way the German Animal Protection Law is applied in the 16 Lander, some of whom have several regional authorities (Regierungsprasidium) regulating animal research. Identical applications for research involving animals may be rejected by the Regierungsprasidium in Giessen nd allowed by his colleague in Darmstadt, even though both of them are operating in the same Lander. This means that research collaborations across the border of Lánder can speed up research.
The reason for this increasing bureaucracy - some researchers have to wait more than three months for permission - is because politicians and animal protectionists are interfering in the process of applications being approved. Politciains have directly interfered with applications to use primates in research in Hassia, Berlin, Baveria and Cologne, despite the fact that the law should prevent them from doing so. The Regierungsprasidium in Giessen, a member of the Green Party which has a policy opposed to animal research, has spent a lot fo time trying to stop the use of terminally anaesthetised rats in university student education. Officials are not likely to apply the federal law liberally and handle applications rapidly if they know such attitudes are taken by their superiors.
The normal procedure is for animal researchers to submit an application for a research project to their regional authroty, with details of all the experiments to be carried out, the numbers and types of animals and all the people who will work on the project. Any alterations to these details during the course of a project have to be applied for. This can cause an interruption of up to three months in an ongoing project.
Each regionl authroity is advised on applications to conduct animal research projects by a commission composed of at least one-third animal welfarists. The advice of this commission is not binding on the regional authority, but is trated with respect. In some cases invidivusal welfarists have resigned from a commission in protest and have publicised their confidential discussions. This makes the officials more deliberate in their work, requiring more detail in each application and increases the time taken for approval to be granted.
In most of these commissions there is sensible discussion of applications buy in some of them the animal welfarist positions have been taken by more radical animal rights supporters who will not support any application. In Hamburg, the former treasurer of the local animal welfare group was expelled because he agreed with too many applications to his commission.
There is a different mechanism for animal research which is required by law, eg testing of pharmaceuticals or chemicals. Notification of the proposed experiments, containing the saem details as an application, has to be sent to the regional authority, who then have 14 days to respond. If they do not respond, the research may proceed. More than 50% of the 1.9m animals used in Germany in 1993 came into this category. If they respond within the 14 day period, the regional authorities can require an application for the animal experimentation to be considered by the normal procedure.
All institutions carrying out animal experiments have to appoint an internal Animal Welfare Officer to advice on all animal use. The veterinary officers from the regional authority have the right to inspect the work being conducted at all animal research institutions. Permission to carry out surgery as part of an experiments is normally only granted to zoologists, doctors or veterinarians. Special permission is required by scientists and their technical assistants and may be limited to certain procedures and for a certain time.
The German Protection Law dates back to 1934: one of the first Acts passed by the Nazis. This law was revised in 1972, again in 1986 and finally minor changes were introduced in 1993 dealing with transgenic animals. It covers all species of animals and the sections applying to experimentation cover both vertebrates and invertebrates. However, licences are only required for the use of vertebrates. Reports have to be submitted on projects using invertebrates, although the number used to not have to be recorded. No applications have to be made to kills animals for in vitro experimentation or for other reasons and this does not have to be reported. However, there are plans to start to record the numbers of animals killed for such purposes.
The governments of the Lander (Bundesrat) attempted to introduce further changes to the Animal Protection Law in 1994 but these were stopped when researchers convinced the national parliament (Bundestag) that these would have severely limited medical research. However, the Minister of Agriculture, Jochen Bochert, who is in charge of this area of legislation, has already announced more restrictions on animal research.