Considering the amendments to the regulations on animal protection in the European Union (EU), the authors outline the legal perspective on the role of veterinary surgeons in the protection of animals used in experiments. They point out that the use of animals in scientific experiments and for educational purposes has been a source of controversy, and that there have been various forms of protest against experiments that inflict pain and suffering (not only physical) on animals. Currently, the need to protect animals from pain and suffering, also in the course of scientific experiments, is a commonly accepted ethical standard. In outlining the history of the topic, the authors note that in the 20th century (from 1928 till 1997), the Polish law on animal experiments was based on two articles of a statutory instrument. This general legislation was extended in the Act on Animal Protection of 1997. After the accession of Poland to the European Union, the protection of animals used in experiments was regulated by a separate act (The Act on Experiments on Animals of 2005). This resulted from the requirements set by the Council Directive of November 24, 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 (86/609/EWG). Despite the substantial expansion of regulations adopted at the turn of the 21st century, the actual protection of animals used for scientific purposes raised objections in many European countries. As a result, in 2010 a new directive was issued to reinforce the legal protection of animals used for experimental and educational purposes. However, the EU legislation still leaves a great deal of freedom to the member states in constructing their own regulations. In particular, it does not specify the role of veterinary surgeons as a professional group with specialist knowledge and legal authorization in the process of approving and supervising experiments on animals. The Directive obliged the EU member states to implement the new legislation by the end of 2012. In Poland, the legislative process was initiated in January 2014. The bill prepared by the Ministry of Science and Higher Education includes regulations that contradict the intent of the Directive. The bill fails to recognize the role of veterinary surgeons, ignoring their knowledge and skills to identify pathological conditions in animals and to administer medical treatment. It is the sole professional group legally authorized to diagnose and treat animals and to perform medical procedures on animals. In addition, there is a variety of veterinary specializations, including those in the use and pathology of laboratory animals. Unfortunately, the proposed new regulations take no account of all this knowledge, experience and legal authority. It is undeniable that veterinary surgeons possess the knowledge, legal authority and a special attitude towards animals which enable them to objectively and professionally assess all stages of experiments on animals. The current proposals are insufficient to make veterinarians obligatory members of ethical commissions on animal experiments. Another inconsistency in the bill is that it does not provide for the involvement of veterinary surgeons in anesthetic procedures or at least for their supervision over such procedures (which is crucial for the protection of animals from suffering). These facts are difficult for the veterinary profession to accept. Considering the premises that form the basis for the Directive of 2010, it would be reasonable to expect that the new Polish legislation will ensure an extensive protection of animals used for experimental purposes. This requirement will not be met unless veterinary surgeons are involved in evaluating proposed experiments on animals and in direct supervision over such experiments.
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