The Amsterdam Treaty contained a Protocol introducing for the first time legal obligations within the EC Treaty to have regard to animal welfare in key areas of law and policy. Prior to the Protocol the legal basis and obligations concerning animal welfare had been unclear. The Protocol is formulated in prescriptive rather than permissive language, and elevates the status of animals in EC law with the first ever reference to animals as 'sentient beings', changing their nature from mere goods or agricultural products. It is difficult to see how the requirements of the Protocol can be met without the Community institutions and Member States carrying out risk assessments of policies on animal welfare during the formulation and implementation of legislation under a range of policy areas including transport, agriculture, research and the internal market.
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T Camm (2000) studied this question.