Analysis of national legislation related to the keeping and sale of exotic pets in Europe - JUNE 2020
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Analysis of national legislation
related to the keeping and sale
of exotic pets in Europe
JUNE 2020
This analysis has been
produced in cooperation with:
Acknowledgements
Eurogroup for Animals takes this opportunity to thank
our Member Organisations and national competent
authorities who provided their input and feedback on
our analysis.
Disclaimer
Every effort has been made to ensure the information in this
analysis is accurate and up-to-date. It should be noted, however,
that this information is subject to change without notice and
Eurogroup for Animals can accept no liability for the accuracy of
all the information presented at any given time.
© Eurogroup for Animals 2020
All rights reserved
No part of this publication may be reprinted or reproduced, stored
in a retrieval system or transmitted in any form or by any means
electronic, mechanical, photocopying or otherwise without the
prior permission of the publisher.
Printed on recycled paper
2
2 EUROGROUP FOR ANIMALS
#Act4Wildlife
Analysis of national legislation
related to the keeping and sale
of exotic pets in Europe
JUNE 2020
This analysis has been produced
in cooperation with:
Analysis of national legislation related to the keeping and sale of exotic pets in Europe 3
4 EUROGROUP FOR ANIMALS
Contents
Glossary 7
Executive Summary 8
1. Introduction 11
2. Areas of concern related to exotic pets 13
3. Regulation – positive and negative lists of species 15
4. Relevant legislation at European level 17
5. Methodology 19
6. Analysis of national legislation 20
7. Pending legislation at national level 49
8. Discussion and conclusion 50
9. Recommandations 53
10. Annexes
Summary definitions on animals in different Member States 54
Schuppli and Faster checklist 62
Country reports 63
11. References 98
Analysis of national legislation related to the keeping and sale of exotic pets in Europe 5
6 EUROGROUP FOR ANIMALS
Glossary
CBD [1]: Exotic pet: NOBANIS [8]:
The Convention of Biological Diversity (CBD) For the purposes of this report we use the term The European Network on Invasive Alien
was established in 1993 and has three main “exotic pet” to refer to all non- Species (NOBANIS) provides information
objectives: domesticated animals, both native and non- on alien and invasive species in North and
native, kept as pets (see paragraph 2.1 What is Central Europe. The network also provides a
1. The conservation of biological diversity an exotic pet?). database on introduced species, a literature
2. The sustainable use of the components database and fact sheets on most invasive
of biological diversity species.
3. The fair and equitable sharing of Five Freedoms [4]:
the benefits arising out of utilization of
genetic resources. The Five Freedoms are basic ideals of animal OIE:
welfare described by the Farm Animal Welfare
The Convention was first introduced by the Council (FAWC) in 1992. Although the Five The World Organisation for Animal Health
United Nations Environment Programme Freedoms were originally defined for farm is the intergovernmental organisation
(UNEP) in 1988 as a response to the growing animals, they are applicable to other animals responsible for improving animal health
recognition that biological diversity is a and have been used for assessing the welfare worldwide. It is recognised as a reference
global asset of tremendous value. To date, of pet and captive animals. The Five Freedoms organisation by the World Trade Organization
when the threat to species and ecosystems cover: Freedom from hunger and thirst, (WTO) and in 2019 had a total of 182
is so great, 196 Parties adopted the Freedom from discomfort, Freedom from pain, Member Countries.
Convention of Biological Diversity. injury and disease, Freedom to express normal
behaviour, Freedom from fear and distress.
Zoonotic disease:
CITES [2]:
IAS: A disease which is transmittable between
The Convention on International Trade in various animal species and human beings.
Endangered Species of Wild Fauna and An Invasive Alien Species (IAS) is a species
Flora (CITES) is an international agreement whose introduction and/or spread threaten
between governments established in 1975. biological diversity [5] [6]. ‘Alien species’ refers
CITES is a legally-binding treaty to which to a species, sub-species or lower taxon,
states or countries (referred to as ‘Parties’) introduced outside its natural past or present
adhere voluntarily and aims to protect wild distribution and includes any part, gametes,
animals and plants from over-exploitation by seeds, eggs or propagules of such species that
international trade. The Convention provides might survive and subsequently reproduce.
a framework that must be implemented in
the national legislation of the Parties that
have adopted the CITES treaty. CITES has ISSG [7]:
been signed by 183 Parties and warrants the
protection to more than 35.000 species of The Invasive Species Specialist Group (ISSG)
animals and plants. is a global network of scientific and policy
experts on invasive species, organized
under the auspices of the Species Survival
DAISIE [3]: Commission (SSC) of the International
Union for Conservation of Nature (IUCN).
The Delivering Alien Invasive Species It provides information on invasive alien
Inventories for Europe (DAISIE) project species and its aim is to reduce the threats
provides information on biological invasions to natural ecosystems by increasing
in Europe and an inventory of invasive awareness of invasive alien species. The
species that threaten European terrestrial, network also promotes and facilitates the
fresh-water and marine environments. exchange of information and knowledge
on invasive species across the globe and
ensures the linkage between knowledge,
practice and policy.
Analysis of national legislation related to the keeping and sale of exotic pets in Europe 7
Executive Summary
Analysis of national legislation
related to the keeping and sale of
exotic pets in Europe
The lack of proper regulations on the keeping
of exotic pet animals and insufficient
knowledge of private keepers undermine
the welfare and health of both humans and
animals and pose a threat to biodiversity.
To determine the regulatory gaps on the
keeping and sale of exotic animals in EU
Member States, a review of existing animal
The study demonstrates the
welfare and other relevant legislation heterogeneity and the gaps in
at national level was conducted. The
countries covered by the study are the 28 current national legislations
EU Member States, with the UK further
split in four ‘entities’, as well as Norway related to exotic pets.
and Switzerland. The main examined
aspects include the following: restrictions
on the private keeping of exotic animals;
registration and authorisation; housing and
other requirements; rules for pet shops
including training of staff; and abandonment
and release of exotic pets. The report also
briefly reviews relevant existing and pending
legislation at European level (Council of
Europe and European Union).
8 EUROGROUP FOR ANIMALS
Results Concerning housing requirements for exotic Finally, inconsistencies have been identified
pets, 20 countries (of which 19 are EU in national legislation, for example with
The analysis indicates that national rules on Member States) as well as Scotland and licencing systems covering dogs but not
the restriction of keeping exotic pets vary Wales have no rules for private keeping. exotic species.
widely across countries. Legal provisions 12 countries (all EU Member States) as
may ban the keeping of some species of well as Northern Ireland do not have any Recommendations
animals (negative or black list) or only allow requirements for the sale of exotic animals
some species to be kept (positive or white in pet shops, although in Italy and Spain To address concerns related to animal
list). Keeping can also require authorisation regional laws may stipulate provisions. The welfare, animal and human health,
in the form of a licence. training of pet shop staff is not compulsory species and biodiversity conservation, and
in 14 countries as well as Northern Ireland invasiveness of alien species, the report
The study demonstrates the heterogeneity and in 11 countries as well as Northern recommends the following actions for
and the gaps in current national legislations Ireland, Scotland and Wales pet shops national governments:
related to exotic pets. are not obliged to provide information on
housing and care of the animals to the • Restrict the type of animals that may
Out of the 30 countries studied, only Greece purchaser (all countries being EU Member be kept as pets, preferably through the
did not have any restriction on the private States; and with the excepton that both creation of a positive list (of animal
keeping of exotic pets. Switzerland does not requirements apply in some regions of Italy species that are allowed to be kept)
have a list of species that may or may not and Spain). based on suitable criteria.
be kept by private persons. In addition, lists • Restrict the sale of pets to licenced pet
may only cover some animal groups such as Finally the legislation of all countries, shops and breeders and put in place
mammals, or are based on criteria such as except for one, covers the abandonment strict inspection criteria.
dangerous animals or invasiveness and not of animals. In 6 countries, abandonment is • Make it compulsory for pet shops
on animal welfare criteria. only punishable in the case of non-endemic to provide prospective buyers with
animals. However, only animal welfare, detailed information on the animals’
environmental protection and related physiological, ethological and
legislation was covered during the research. environmental needs.
• Adopt rules for the compulsory training
The results of this research indicate that of pet shop staff.
the negative list is the most commonly • Establish a minimum legal age to
used system to regulate the keeping of purchase a pet animal.
exotic pets. Yet this approach is the least • Include in the legislation detailed
precautionary as by default any animal information on housing and care of
not on a negative list is allowed to be kept, exotic pets which are allowed to be kept
requiring the list to be quite long to ensure • Adopt provisions concerning the
that animals with welfare, health, invasive or abandonment of animals and impose
conservation risks are not kept. In addition, it dissuasive penalties.
might not be adequate to address emerging • Keep up-to-date records of exotic
trends and threats from the keeping of new animal species currently kept by private
exotic animals. Indeed, the process to add individuals and improve the enforcement
new species on the list is often slow and of existing legal provisions.
burdensome and the content of the list will
thus lag behind the latest trends in the trade At EU level, the impact of keeping and trade
and keeping of exotic pets. in exotics pets on human and animal health,
animal welfare, the environment and more
The results also show that regulations often specifically biodiversity should be taken into
fail to encompass the animal kingdom, account through the adoption of strict rules
addressing mainly mammals while in animal health, animal welfare, trade and
ignoring the large groups of birds, reptiles, environment policies.
amphibians, insects and ornamental fish,
which are currently widely represented in the
pet trade.
Analysis of national legislation related to the keeping and sale of exotic pets in Europe 9
10 EUROGROUP FOR ANIMALS
1. Introduction
In recent years, there has been a
growing trend in the keeping of more
unusual species of animals, often
referred to as ‘exotic pets’ [9]. This
is a notable shift from the more
traditional, domesticated pet animals
such as cats and dogs, toward
species such as reptiles, amphibians,
invertebrates as well as non-domestic
birds, fish and mammals. The origin
of these animals may be uncertain
with some captured from the wild.
The lack of proper regulations on
their sale and keeping coupled with
insufficient knowledge of some
private keepers can undermine the
welfare of the animal and pose a
threat to human and animal health
and biodiversity.
The objective of this research is to
give an overview of the provisions
on the private keeping and sale of
exotic pets in animal welfare and
related laws of EU Member States
and a few additional countries. Do
countries restrict the keeping of any
exotic animals as pets? If so, for
what reasons? Are there restrictions
on the sale of exotic pets? Are
there requirements for the training
of people selling animals? These
and other questions were posed
during our research to identify and
highlight any regulatory gaps. Based
on the analysis of the information
gathered we then provide clear
recommendations for the future.
Analysis of national legislation related to the keeping and sale of exotic pets in Europe 1112 EUROGROUP FOR ANIMALS
2. Areas of concern
related to exotic pets
overview of the available definitions of the is available, keepers may lack knowledge
2.1. What is an exotic pet? different terms in the EU Member States and of these requirements, thus affecting the
a few other European countries can be found welfare and health of the animal. From
As the types of animals being kept in Annex 1. an ethical point of view, it is questionable
have changed over the years, so has whether the keeping of such species should
the terminology and debate over what For the purposes of this report we will even be permitted if the health and welfare
constitutes a pet. Schuppli and Fraser (2000) use the term “exotic pet” to refer to all cannot be assured.
define ‘exotic animal’ as an animal that is non-domesticated animals, both native and
not native to the local area. This term is non-native, kept as pets. According to Schuppli and Fraser (2000) the
regularly used to describe non-traditional welfare and health of many exotic species
animals, such as snakes, iguanas, geckos, cannot be guaranteed when they are kept in
chameleons, frogs, spiders, parrots, bats, 2.2. Concerns about keeping exotic captivity as it might be difficult to provide for
sugar gliders and Barbary macaques [10]. animals as pets the ‘Five Freedoms’ described by the Farm
An overview of regularly used terms related Animal Welfare Council (1992). Although the
to the bio-geographical context or domestic The keeping of exotic animals as pets Five Freedoms were originally defined for
status of an animal is given below. raises concerns over animal welfare, human farm animals, they are applicable to other
and animal health, invasive threats and animals and have been used for assessing
• Native animal [11]: Originating, growing conservation. Some species such as dogs the welfare of pet and captive animals.
or produced naturally in a certain place and cats have been bred and domesticated
or region. Synonyms are indigenous, for centuries and are widely kept as pets. • First, freedom from hunger, thirst
endemic, autochthonous, and aboriginal. These species may be well suited to life and malnutrition requires adequate
• Non-native animal [11]: Originating in a as a pet, especially if they have been bred knowledge of the species and its needs
different region and acclimated to a new and raised appropriately for this lifestyle. and availability of often specialised food
environment. Synonyms are alien, non- Arguably, more scientific knowledge is to the owner.
indigenous. available on the husbandry of such species • Second, freedom of disease and injury
• Domestic animal [12]: An animal that is to safeguard their welfare. Over the twentieth requires adequate veterinary knowledge
not wild and is kept as a pet or to produce century new species became popular and availability of, as well as access to,
food. pets, such as guinea pigs, rats, gerbils and veterinarians with such expertise.
• Non-domestic animal [13]: An animal chinchillas, which were initially used as • Third, freedom from physical and
considered to be wild or feral or not laboratory or production animals, [15]. Today, thermal discomfort requires knowledge
adapted for domestic use. the keeping of reptiles, amphibians, and of the way in which a species lives in
• Exotic animal [14]: A species that is not invertebrates as well as non-domesticated the wild and how this can be effectively
native to the area in which it is found. species of mammals, birds and fish appears translated into a captive setting.
• Invasive Alien Species (IAS): an alien to be gaining popularity. This growing trend • Fourth, freedom from fear, distress and
species whose introduction and/or warrants further consideration. other negative psychological states
spread threatens biological diversity [5] requires the ability to recognise positive,
[6]. ‘Alien species’ refers to a species, neutral and negative psychological states
sub-species or lower taxon, introduced 2.2.1. Animal health and welfare in the animal, as well as the ability to act
outside its natural past or present to counter negative and neutral states.
distribution and includes any part, Exotic animals have complex needs • Fifth, freedom to carry out most normal
gametes, seeds, eggs or propagules of that are closely tied to their natural diet, forms of behaviour requires insight
such species that might survive and the environment and species-specific into their natural behaviour in the wild
subsequently reproduce. behaviour in the wild. These needs are and how this can be provided for in a
not always well studied [15]. It can be captive environment (e.g. social groups,
The terminology however may vary both difficult, if not impossible in some cases, substrate for digging).
in its use and meaning, internationally and for private owners to provide for these
at EU level [5]. At EU level exotic pets are needs. Examples exist of animals suffering It is clear that comprehensive knowledge
virtually undefined. National legislation as a result of poor husbandry, for instance of a species is a key component if one
of EU Member States generally includes inadequate nutrition, misuse of heating expects to fulfil its needs and ensure good
definitions for ‘pets’, ‘companion animals’, equipment and inappropriate or lack of health and welfare. Understanding housing
‘domesticated animals’ or ‘wild animals’, but medical care. Furthermore, even when requirements and environmental needs
very few countries define ‘exotic’ animals. An scientific information on the species’ needs is important, but even when knowledge is
Analysis of national legislation related to the keeping and sale of exotic pets in Europe 132. Areas of concern related to exotic pets
available it can be difficult to satisfy the billion Euros each year to control and limit the 2.2.4. Health and safety risks
specialised needs of some exotic species damages caused by IAS [18]. Exotic species can also pose a potential
in a household environment. Potentially health and safety risk for their keepers,
inadequate knowledge and expertise of Information on invasiveness of a certain other captive animals and native wildlife,
the average keeper, combined with the species can be found on the IUCN/SSC particularly as a vector for zoonotic diseases
constraints of a household setting, can ‘Invasive Species Specialist Group (ISSG)’ [15]. Some animals, such as venomous
make it extremely difficult to meet the Five website [7], the ‘Delivering Alien Invasive reptiles, crocodiles, wolves, primates and
Freedoms for an exotic pet. Species Inventories for Europe (DAISIE)’ large cats can pose a serious safety risk to
website [6] or the ‘European Network humans and other animals; and in some
Apart from the difficulties in ensuring good on Invasive Alien Species (NOBANIS)’ countries the keeping of such animals by
welfare of exotic pets, owners may struggle website [8]. The EU has also introduced EU private individuals is regulated or prohibited.
to keep up their commitment in taking care Regulation 1143/2014 on invasive alien Exotic animals can be carriers of diseases
of the animal, due to traits such as long species, stipulating the adoption of a list of such as rabies, monkeypox and salmonella
life expectancy, large adult size, complex IAS that are not to be intentionally kept, bred, [15]. An estimated 71.8% of emerging
housing requirements, aggressive nature or traded, allowed to reproduce or released into zoonotic diseases originate in wild species
high costs [10]. the environment. (e.g. Nipah virus and SARS) [23]. “Zoonoses
from wildlife represent the most significant,
growing threat to global health of all EIDs
2.2.2. Invasiveness threat 2.2.3. Species and habitat [emerging infectious diseases]” [23].
conservation
When owners are no longer able or willing There are many documented cases of
to care for their exotic pet, they may release The capture of animals in the wild for the exotic pets spreading diseases to other
them into the wild. Abandoning an animal exotic pet trade can contribute to the decline animals and even humans. The spread of
can certainly impact the animal’s welfare in wild populations and threaten biodiversity. chytridiomycosis, a fungal disease caused by
directly, but released animals may also Crude and non-species-specific methods Batrachochytrium dendrobatidis, has infected
present a threat to native wildlife, the local may be used to catch wild animals, which more than 500 species of amphibians
ecosystem, and human and animal health can damage the ecosystem and result in through trade activities [24] [25]. Newcastle
(predation, hybridisation, competition, etc.). injuries or death for both target and non- disease was transmitted from imported
While not all non-native species introduced target animals. It has been estimated that for parrots to domesticated chickens, requiring
to a new area may become invasive, those every chimpanzee kept as a pet or rescued, the eradication of 12 million chickens and
that do establish can have a significant another 10 animals die [19]. Although the hundreds of non-domesticated birds in 1971
impact on endangered native species and focus is shifting towards captive-bred in California [26] and resulting in a huge
human livelihood [16]. animals, founder stock (e.g. parents) economic loss. An Egyptian fruit bat infected
may still be collected from the wild to with rabies sold in a pet shop in France led
Analysis of existing lists of Invasive Alien diversify the gene pool or introduce desired to the euthanasia of all animals which had
Species (IAS) in Europe found the main characteristics. contact with the bat and the vaccination of
pathway for the introduction of IAS in the almost 130 people [27]. Infectious diseases
case of mammals, birds, fish, amphibians, Furthermore, many species do not breed well transmitted by exotic animals can have
reptiles and invertebrates was through in captivity and are still caught in the wild devastating socioeconomic effects by
import for the pet trade, angling, hunting and (e.g. slow lorises which are very popular in directly affecting livestock, food security and
captive settings (e.g. fur farms, zoos) [17]. the exotic pet trade despite an international food safety and livelihood of farmers [28],
Animals can become invasive either through trade ban). In the United States detailed particularly in third world countries [29].
deliberate introduction into the environment records are kept on all imported animals
or as they escape from captivity [17]. (including non-CITES species) and of the
1.48 billion live animals imported between
An analysis of species invasions in Europe 2000-2006 mostly for pet trade, 80% of
documents a dramatic increase in invasions shipments were from wild populations [20].
since the start of the twentieth century, which
is still on-going, and the pet trade remains High mortality rates during capture,
an important pathway [16]. The invasive holding and transport further threaten the
potential of a species in a particular country conservation of the species as more animals
is not always known; in these instances, the may need to be harvested to meet the pet
known degree of invasiveness of the species trade demand. A study on the wild bird trade
in another country with similar habitats can from Senegal estimated that 70% of birds
give an indication. Besides the fundamental died during capture, export and quarantine
ecological risk, significant economic costs [21]. The harvesting of wild animals can
are also at stake: Europe spends about 12 deplete native populations up to 70% [22].
14 EUROGROUP FOR ANIMALS3. Regulation - positive
and negative lists of
species
It is very laborious to enact detailed
legislation including housing and care
requirements for each exotic animal
BOX 1:
species that may be kept as a pet, taking
into account its specific needs. Indeed, the THE BELGIAN POSITIVE LIST
needs of some species cannot be adequately
met in a captive household environment. The Belgian (regional) positive lists (mammals only) contain 43 species
Some countries, such as Austria, Estonia that are allowed to be kept, and any mammal not on these lists is
and Slovenia, have made great efforts in prohibited in private ownership (Royal Decree of 16 July 2009 for Brussels
elaborating detailed housing requirements and Flanders, as well as the Decision of the Flemish Government of 13
for groups of species, including minimum July 2018 on amending the Royal Decree of 16 July 2009; and the Decree
cage sizes, temperature, humidity, social of the Walloon Government of 24 July 2018). The lists contain cats, dogs,
structure and feeding. However, regulations several mice species, ferrets, chinchillas, four deer species, hamsters,
based on science and expert opinions need horses, rabbits, rats, degus, guinea pigs, gerbils, black-tailed prairie dogs,
to be fully implemented and enforced to the red necked-wallaby, alpine ibex, llamas and the typical farm animals.
make these requirements effective. This
requires a considerable amount of resources The regulation was first enacted nation-wide in the Royal Decree of 7
not just in monetary terms, but also December 2001. It was eventually contested in court by the pet trade
personnel (i.e. inspectors). industry in 2007 as prohibiting trade between Member States and
ultimately referred to the European Court of Justice. The Court found
An alternative and perhaps more efficient the list not inconsistent with Council Regulation (EC) No. 338/97 on the
way to reduce the risks caused by exotic protection of species of wild fauna and flora by regulating trade therein
species, being kept as pets, is to introduce a and left the issue to the Belgian court. This court had to determine if
positive or negative list. These lists restrict the list was based on objective and non-discriminatory criteria and if a
the types of species which are authorised procedure was in place for parties to request the inclusion of species
to be kept as pets, generally excluding to the list. The latter was absent in the initial regulation and the list
dangerous animals (e.g. large wild cats and was cancelled by the Belgian Council of State after a complaint by
venomous snakes), and protected species, the ‘National Council of Animal Owners’. A revised regulation (without
while allowing more traditional, domesticated changing the species list) was promulgated 1 October 2009 along with a
species (e.g. cats, dogs, guinea pigs and procedure to formally request amendments to the list of species (Royal
rabbits). Decree of 16 July 2009). A second complaint on the revised version by the
‘National Council of Animal Owners’ was rejected and the positive list for
mammals has been retained.
3.1. Positive list
A positive list contains species that are Some experts regret that species such as the chinchilla, the Eastern
allowed to be kept, with or without the chipmunk and the black-tailed prairie dog are retained in the revised
requirement of a permit or authorisation. A version of the positive list. These species require more professional care
positive list tends to be a shorter, distinct to meet the welfare needs and the Eastern chipmunk is even known as an
list that is precautionary in nature and gives invasive species, especially in the Brussels Sonian Forest. Still, the Belgian
clarity about which species are allowed to positive list is a role model for other European countries, as it reduces the
be kept in a country, whether or not with private keeping of exotic animals not suitable to be kept as pets.
a permit. It is also much easier to update
compared to a negative list, as all species not Competencies for the positive list have since then been transferred to the
on the list are a priori forbidden to be kept. A regions. Each of the three Belgian regions is currently preparing positive
mechanism to amend the list is important. lists for non-mammals and the Flemish region has adopted a positive list
for reptiles in 2018.
Belgium was the first EU country with a
positive list for mammals (Box 1). The list
contains 42 species that are allowed to be
Analysis of national legislation related to the keeping and sale of exotic pets in Europe 153. Regulation - positive and negative lists of species
kept by private individuals and 4 additional 3.2. Negative list 3.3. Assessing the suitability of
species that are allowed to be kept for species kept as pets
production purposes (Royal Decree of 16 A negative list contains species that are
July 2009). The species must comply with prohibited from being kept by private As Schuppli and Fraser (2000) state, ‘…
certain criteria (see section 3.3.) in order to owners. It is typically not possible to acquire keeping a companion animal should not
be added to the list. Any mammal species a permit or authorisation for such species, jeopardize – and ideally should enhance –
not included in this list is forbidden in private but exceptions can be made for zoological its welfare, as well as that of its owner; and
ownership. Exceptions can be made for gardens and research institutions. 25 EU that keeping a companion animal should not
specialised keepers who prove they have Member States have adopted negative incur any appreciable harm or risk of harm
the necessary knowledge and skills, and can lists. A negative list is usually drafted for to the community or the environment’. In
provide appropriate housing for the animal. reasons of potential risk (e.g. health, safety, order to assess the suitability of species as
While requests for exceptions are possible, ecological) posed by certain species, pets, Schuppli and Fraser (2000) developed
the general principle of a positive list is to restrictions on international trade or for a checklist (Annex 2) of questions related
restrict keeping of species of animals whose conservation purposes. While lists vary by to the welfare of the animal, the welfare of
welfare cannot be assured in a household country, they often include species that may others and the risk to the environment. A
environment by the average owner. pose a health or safety risk such as primates, species can subsequently be classified in
Currently the positive list only addresses big cats, venomous reptiles, birds of prey and categories going from A (very suitable as a
mammals, but similar regional lists are under crocodiles. Some countries or regions have companion animal) to E (highly unsuitable as
preparation for non-mammals. In order to negative lists that include all exotic animals a companion animal).
add a species to the positive list in Belgium, (Brussels region in Belgium) or invasive
a request form with detailed argumentation alien species (Andalusia and Valencia The amended Belgian positive list (Royal
has to be sent to the competent authority. autonomous regions in Spain). Decree of 16 July 2009) includes similar
criteria to the Schuppli and Fraser checklist.
Other countries have created lists of species There are a number of potential drawbacks An animal can only be added to the positive
which are allowed to be kept conditional to associated with this type of list. Species not list if it complies with the following:
an authorisation (permit, licence, register). mentioned are by default allowed to be kept
But unlike the Belgian positive list, species - including hybrids, subspecies and species
not on these lists are not a priori forbidden. new to the trade. Reactive in nature, negative • Animals must be easy to hold and keep
Animals not included in the list of species lists fail to employ a precautionary approach. in respect of their essential physiological,
requiring authorisation and not prohibited The species in trade are ever-changing ethological and ecological needs.
by a negative list can thus be kept by private based on current trends (e.g. meerkats • No species should be listed for which there
keepers. have become popular in the UK following are clear indications that, in case it escapes,
a popular advert with these charismatic it would be able to survive in nature and
species); a negative list thus needs regular consequently represent a risk for the native
updating. Mechanisms for routine updating environment.
have not been seen in any country and the • The species that are kept cannot be
lists may thus quickly become out of date aggressive and/or dangerous or represent a
creating loopholes for the trade in new particular danger for human health.
species which might pose serious welfare, • Data and scientific information must be
health, invasiveness and conservation risk. available concerning the keeping of these
animals.
• In case of contradictory data or information
on the keeping of an animal, the benefit of
doubt should be in favour of the animal.
Applying the Schuppli and Fraser checklist or
Belgian positive list criteria to determine
which species are suitable to be kept as pets
by a private owner is intended to enhance
the welfare and health of the animals and
humans while reducing the environmental
risks.
16 EUROGROUP FOR ANIMALS4. Relevant legislation
at European level
4.1. Council of Europe of Flora and Fauna (CITES) [1], which is
In 1995, the Council of Europe adopted a applied in the European Union through
Convention for the Protection of Pet non-binding Resolution on the Keeping of Council Regulation 338/97/EC on the
Animals Wild Animals as Pet Animals. It recalls the protection of species of wild fauna and flora
The European Convention for the Protection provision in the Convention stating that by regulating trade therein (Basic Regulation)
of Pet Animals aims at assuring the welfare ‘the keeping of specimens of wild fauna as [33] and Commission Regulation (EC) No
of animals, especially animals kept privately pet animals should not be encouraged’. The 865/2006 lays down detailed rules for the
in the European territory [30]. It has been requirements of Article 4 of the Convention implementation of Council Regulation (EC)
open for signature since 1987 and entered states that ‘pet animals should be provided No 338/97 (Implementing Regulation) also
into force in 1992. The Convention includes with accommodation, care and attention known as the EU Wildlife Trade Regulations
general provisions covering the care of pet taking into account the ethological needs of [34]. The aim of these Regulations is to
animals of all kinds, the humane control of dog the animal in accordance with its species conserve wild species by ensuring that
and cat populations and the control of trade and breed, and that an animal which cannot international trade in these species does not
in pet animals. Since 1995 it also includes a adapt itself to captivity in spite of these threaten their survival.
resolution discouraging the keeping of wild conditions being met, shall not be kept as a pet
animals as pets (Council of Europe, 1995) [31]. animal’ [30]. In order to control the keeping The Regulations include four Annexes (A,
of exotic pets, criteria related to housing B, C and D) that divide species according
So far the Convention has been ratified by 24 and care, knowledge of the keeper, escape to their level of trade restrictions. The EU
countries, including 18 EU Member States prevention and human health and safety were categorises animals and plants according to
(Council of Europe, status as of 25/06/2019) incorporated in Resolution on the Keeping of more stringent criteria than those of CITES,
[301]. Countries are legally and morally bound Wild Animals as Pet Animals (Box 2) [31]. and includes species listed in the EU Birds and
to incorporate the provisions of the Convention Habitats Directives, as well as those that - if
into their own national legislation six months introduced to the EU natural habitat - could
after the ratification [32]. 4.2. European Union pose a serious ecological threat to indigenous
species. The commercial use of Annex
Unfortunately, due to the lack of an Council Regulation 338/97/EC & A species is prohibited with exemptions
enforcement mechanism, some countries have Commission Regulation (EC) No possible for captive-bred specimens and
only partially implemented the Convention or 865/2006 – CITES (Wildlife Trade species intended for breeding, education
have made reservations. Some EU Member Regulations) or research for conservation purposes.
States have implemented the provisions in At the international level, the trade in According to Article 8.2 of the Regulation
their national legislation without ratifying the wildlife is controlled by the Convention on “Member States may prohibit the holding
Convention. International Trade in Endangered Species of specimens, in particular live animals of
BOX 2:
RESOLUTION ON THE KEEPING OF WILD ANIMALS AS PET ANIMALS
“Agreed to set up a system enabling the control of the keeping iii. possibilities to fulfil the needs for social behaviour;
of animals of wild species as pet animals taking into account iv. appropriate climatic conditions.
the following criteria: 3. The keeper must have appropriate knowledge to be able to
1. An animal must be housed and cared according to its satisfy the physiological and behavioural needs of the animal
physiological and behavioural needs; during its entire keeping;
2. In particular, the following conditions must be met: 4. The necessary conditions must be met to prevent the animal
i. space allocation sufficient for the specific needs of the animal from escaping;
in particular for movements and exercise; 5. The aspects related to aggressiveness of the animal and to
ii. appropriate enclosure enrichment with climbing material, possible risk for human safety and health should be taken into
digging possibilities, rest and hiding places as well as bathing, account.”
swimming or diving facilities;
Analysis of national legislation related to the keeping and sale of exotic pets in Europe 174. Relevant legislation at European level
the species listed in Annex A”. In this report The import of wild birds bred in captivity in
‘holding’ of species is usually referred to as approved establishments is currently [37] Animal Health Law
‘keeping’ of animals or species. authorised from 15 establishments, in 5 The EU Animal Health Strategy provides
countries. Only registered establishments a framework for animal health measures
Despite some provisions covering transport are authorised to export and must comply for the period of 2007 – 2013 [3841]. It is
and housing, the primary purpose of CITES with specific requirements laid down by the focused on the prevention of disease with
and the EU Wildlife Trade Regulations third country authorities. The imported birds emphasis on precautionary measures,
is species conservation through trade are submitted to a range of tests and to disease surveillance, controls and research.
regulation – not the welfare of the traded quarantine in registered centres upon arrival It provides for the adoption of a single
animals. Over 5000 animal species are in the EU. Birds imported for conservation and clearer regulatory framework, the EU
covered, yet many species kept as exotic programmes, pets accompanying their Animal Health Law, which was proposed on
pets do not fall under CITES or the EU owners and animals intended for zoos, 6 May 2013 by the European Commission.
Regulation. There is also a lack of data on circuses, amusement parks or experiments Ideally, the legislative proposal should
the conservation status of many species, are exempted. cover the health of all animals kept in the
especially amphibians and reptiles, leading to EU for food, farming, sport, companionship,
species being potentially at risk of extinction Regulation (EU) 1143/2014 on entertainment and in zoos, as well as wild
while still traded without restriction for the Invasive Alien Species animals and animals used in research where
pet business. As part of the EU 2020 Biodiversity Strategy there is a risk of them transmitting disease to
(adopted in May 2011), the European other animals or to humans.
Council Directive 92/65/EEC and Commission introduced Regulation (EU) The animal health law will combine current
Regulation (EU) 2016/429 (Animal 1143/2014 on invasive alien species, which EU animal health legislation into a single
Health Law) entered into force on 1 January 2015 framework, including the health requirements
Council Directive 92/65/EEC of 13 July 1992 (thereafter referred to as IAS regulation). for movements and trade principles currently
laying down animal health requirements covered by the Directive 92/65/EEC (Balai
governing trade in and imports into the The IAS regulation stipulates the adoption Directive - see section 4.2. above). It will
Community of animals [356] will be repealed of a list of invasive alien species of Union be the basis for implementing rules with
and replaced by Regulation (EU) 2016/429 concern (thereafter referred to as the Union detailed health provisions, which could
on transmissible animal diseases on 20 April list). Species listed on the Union list are restrict the import of specific categories of
2021. Its implementing and delegated acts prohibited from being intentionally imported exotic species.
will be finalised by 2021. The Directive and (including transit), kept, bred, traded,
then subsequently the new regulation and allowed to reproduce or released into the
the related delegated and implementing acts environment. Derogations can, however, be
provide for specific health requirements for granted. The regulation is evaluated every
the movement of animals into, out of and six years, while the Union list is updated
within the Community. All animal species every year. The European Commission or
that are not already covered by specific EU the Member States can propose additional
rules are included. species to be included in the Union list,
based on a risk assessment. The Scientific
The legislation harmonises the rules for Forum, consisting of representatives of
movements of live animals between EU the scientific community in the Member
Member States and imports into the EU States, reviews these risk assessments.
from third countries, to prevent the entry of Other stakeholders are also invited to
animals with infectious diseases. Imports submit additional evidence. If the Scientific
are conditional on specific requirements, Forum issues a positive opinion, the
including a health certificate. Live animals risk assessment is passed on to the IAS
entering the EU are inspected at authorised Committee (representatives of all Member
Border Inspection Posts. States), which examines the compliance of
the proposed species with the criteria for
Commission Implementing listing. Also here, stakeholders are invited to
Regulation (EU) No 139/2013 (Wild- provide feedback on the draft implementing
bird imports) regulation.
Commission Implementing Regulation (EU) In addition, the IAS regulation provides for
No 139/2013 of 7 January 2013 laying down a set of measures to be applied in the EU
animal health conditions for imports of in relation to IAS, which include prevention,
certain birds into the Union and the quarantine early detection and rapid eradication, and
conditions thereof [36] sets requirements for management.
the import of bird species other than poultry.
This regulation prohibits the import to the EU
of birds caught in the wild for health reasons.
18 EUROGROUP FOR ANIMALS5.Methodology
While some provisions related to the 5.1. List of questions used during The initial report from 2013 studied a total of
welfare, private keeping and sale of exotic the survey 31 countries, including all – at the time – 27
animals are included in the various EU EU Member States, and Croatia, Norway,
legislations mentioned in the previous The following questions were used to gather Switzerland and Turkey.
section, no general regulations exist at the information on the animal welfare laws and
EU level to cover the overall welfare of exotic related regulations available on the national As the United Kingdom (UK) does not have
pets. So far, it is up to the Member States to level: an overarching federal animal welfare law,
adopt animal welfare legislation addressing it was divided into England, Wales, Scotland
the keeping and sale of these animals. 1. Are there restrictions on the (private) and Northern Ireland and represented as
keeping of certain exotic animals? What is four separate ‘entities’. Germany, Austria,
To determine the regulatory gaps on the the reason for such restrictions? Belgium and Spain have regional specific
keeping and sale of exotic animals in EU 2. Is there a positive or a negative list? animal welfare Legislation, as well as federal
Member States, a review of existing animal 3. Are there requirements for registration, animal welfare law and were therefore not
welfare and other relevant legislation (e.g. authorisation or a licence for the (private) split up into different entities.
secondary legislation and nature laws) at keeping of exotic animals?
the national level was conducted. Some 4. Are there housing requirements? Are these Thus, the 2019 update included 28 EU
countries have complementary legislation requirements specific to exotic animals? countries Austria, Belgium, Bulgaria, Croatia,
on the regional or local level, which was 5. Is there legislation on the sale of exotic Cyprus, Czech Republic, Denmark, Estonia,
also included in the review. While every animals in pet shops? Finland, France, Germany, Greece, Hungary,
country has animal welfare legislation, a few 6. Are there housing requirements for Republic of Ireland, Italy, Latvia, Lithuania,
countries do not have national legislation animals sold in pet shops? Are these Luxembourg, Malta, the Netherlands, Poland,
that addresses the keeping and sale of requirements specific to exotic animals? Portugal, Romania, Slovakia, Slovenia, Spain,
exotic pets, but some have regulations on a 7. Are there age requirements for the Sweden and United Kingdom (England,
regional or local level. purchase of animals? Are these Wales, Scotland, Northern Ireland).
The legislation of each Member State was requirements specific to exotic animals?
analysed in relation to specific aspects 8. Is there legislation on the abandonment In addition to the EU Member States, two
(see 5.1) in order to answer questions of animals? Are there penalties? Is there additional countries were studied: Norway
regarding the private keeping and sale of specific language on the abandonment/ and Switzerland.
exotic pets. The analysis of the legislative release of exotic animals kept in captivity?
review was subsequently sent to animal
welfare organisations and some competent
authorities in the corresponding Member
States for comments or corrections.6. Analysis of national
legislation
6.1. Private keeping of exotic pets countries can be found in Table 1. When no restrictions are established on
The majority of EU countries have the types of animals that may be kept and
According to the Convention for the established negative lists, while Belgium, housing conditions are not specified, animals
Protection of Pet Animals the keeping of wild Croatia, Luxembourg, Malta, the Netherlands can be found in abhorrent conditions.
animals as pets should not be encouraged. and Norway have implemented a positive
The non-binding Resolution on the keeping list system. Some countries have negative
of wild animals as pets was adopted in lists alongside positive lists, and in some • Out of the 30 countries, 25 (all EU
1995 to exercise some sort of control. This countries the positive list only covers Member States) have a type of negative
Resolution includes criteria to consider mammals or reptiles, or only applies to pet list. Austria, Croatia, Germany and Spain
suitability: housing and care according shops (e.g. in Malta). Most countries have also have additional negative lists at a
to behavioural and physiological needs; some restrictions on the private keeping regional level.
space, enclosure enrichment (e.g. climbing of exotic pets, usually in the form of an • Six countries have positive lists: Belgium
material, digging possibilities, resting and authorisation. Only a third of the countries (currently only for mammals), Croatia
hiding places, swimming, bathing and diving included (detailed) housing requirements for (only for exotic birds, fish and molluscs),
facilities); possibilities to fulfil the need exotic pets in their national legislation, as Luxembourg (dogs, cats, ferrets and
for social behaviour; appropriate climatic proposed by the Resolution. Detailed housing other commonly kept pets; ornamental
conditions; appropriate knowledge for the requirements may include information on fish and birds; domestic bees; certain
keeper; preventing the animal from escaping; cage sizes, temperature, humidity, enclosure species of non-venomous arthropods,
aggressiveness of the animal and possible enrichment, feedstuff, and more, specified mollusks, amphibians and reptiles), Malta
risk for human safety. for animal groups (e.g. rabbits, squirrels, (only for pet shops), the Netherlands
However, it is up to the individual Member tortoises, snakes, etc.) or specific species. (only for mammals, currently under
States to lay down more detailed legislation General housing requirements state that revision and not in force yet) and Norway
on the keeping and sale of exotic pets. An animals have to be cared for, housed (for mammals and reptiles).
overview of the provisions included in the according to “physiological needs”, fed and • All countries, except for Greece, have
animal welfare law and related legislation of possibly inspected, but are not specified for certain restrictions on the private
EU Member States and some other European certain groups of species. keeping of exotic animals and 24
(Caption) Donkey was a chimpanzee
rescued by Eurogroup’s member
Stichting AAP from a life tied to a
dog house in Portugal.
20 EUROGROUP FOR ANIMALS6. Analysis of national legislation
countries (23 EU) require some form
of authorisation. In case of regional
negative lists or legislation, authorisation
on regional level may be required in
certain countries.
• 9 countries (8 EU) as well as Northern
Ireland and England have specified housing
requirements for exotic pets with very
detailed requirements in 9 (8 EU) of them
as well as England, including information
on minimum cage sizes, temperature,
social structure, accomodation, feeding
and more (Box 3)
Box 3
HOUSING REQUIREMENTS FOR PETS IN AUSTRIA
The Austrian animal welfare law and secondary legislation basis of its genotype or phenotype, that it can be kept
includes restrictions on the private keeping of certain according to the state of the art of scientific knowledge
animal species for reasons of animal protection. In without detrimental effect on its well-being” (Animal
addition to these restrictions, Austria has adopted very Protection Act 2004).
detailed housing requirements for numerous animal
species. Private persons keeping animals have to To comply with these requirements, the Austrian
ensure that the space, freedom of movement, condition government adopted detailed minimum standards
of the ground, structural equipment of buildings and to keep exotic mammals, birds, amphibians, reptiles
facilities, environmental conditions (in particular light and fish (attachments of the 2nd Regulation on
and temperature), care and food, the possibility for social Livestock; BGB1 II No. 486/2004, last amend. by BGB1
contacts, adaptation and domestication of animals II 341/2018). Exact standards on cage sizes, structure
correspond to their physiological and ethological needs of the accommodation, bedding material, temperature,
(Animal Protection Act 2004). It further states “no animal humidity, nutrition and social requirements are given for
shall be kept unless it can reasonably be expected, on the specific species.
Analysis of national legislation related to the keeping and sale of exotic pets in Europe 21Map 1
Overview of the current legislation on the private keeping of exotic pets
6 countries (5 EU) have a positive list
at a national level.
22 countries (all EU) have a negative
list at a national level, prohibiting the
private keeping of certain animal species.
24 countries (23 EU) have requirements for
an authorisation at a national level (permit,
registration, licence,etc.).
1 country lacks any provision on
keeping at national level.
Countries that are not
part of the study SE FI
NO
EE
LV
DK
LT
IE
UK PL
NL DE
BE
LU CZ
SK
AT HU
FR CH
SI HR RO
IT
BG
ES
PT
GR
MT
CY
COUNTRIES COVERED BY THE STUDY
AT: Austria EE: Estonia IT: Italy PT: Portugal
BE: Belgium ES: Spain LT: Lithuania RO: Romania
BG: Bulgaria FI: Finland LU: Luxembourg SE: Sweden
CH: Switzerland FR: France LV: Latvia SI: Slovenia
CY: Cyprus GR: Greece MT: Malta SK: Slovakia
CZ: Czech Republic HU: Hungary NO: Norway UK: United Kingdom
DE: Germany HR: Croatia NL: Netherlands
DK: Denmark IE: Ireland PL: Poland
22 EUROGROUP FOR ANIMALS6. Analysis of national legislation Analysis of national legislation related to the keeping and sale of exotic pets in Europe 23
TABLE 1:
Overview of the current legislation on the private keeping of exotic pets
COUNTRY ANIMAL WELFARE LAW RELATED LEGISLATION POSITIVE NEGATIVE RESTRICTIONS
(TRANSLATED TITLE) LIST LIST ON PRIVATE
KEEPING OF
EXOTIC ANIMALS
Austria Animal Protection Act - TSchG 2nd Regulation on Livestock (BGBI II No Yes Yes
2004 (BGBI I No. 118/2004, No. 486/2004, last amend. BGBI II No.
last amend. BGBI I No. 341/2018)
86/2018)
Belgium Law of 14 august 1986 Royal Decree of 16 July 2009 Yes No Yes
regarding the protection and establishing the list of mammals which
the welfare of animals (last may be kept (last amend. September
amend. April 2019) 2018)
Bulgaria Animal Protection Act SG No. Biological Diversity Act SG No. 77 of 7 No Yes Yes
13 of 8 February 2008 (last September 2008 (latest amend. June
amend. 2011) 2018)
Croatia Animal Protection Act 2017 Rulebook on conditions for breeding pets Yes Yes Yes
intended for sale, 2009; Rulebook for pet
shops and wholesale (coming into force
in 2019); Regulation NN 17/2017-404
on species that may be placed on the
market and invasive alien species.
Cyprus Law for the Protection, Health Law on the Protection and Management No Yes Yes
and Welfare of Animals No. of Nature and Wildlife No. 153(l)/2003;
46(l)/1994 (last amend. Law on the Protection and Management
55(l)2013) of Game and Wild Birds 152(l)/2003;
Ministerial Decree (221/2017) listing
animal species which cannot be
imported, traded, sold or advertised
Czech Act of the Czech National Act on Protection of Nature and the No Yes Yes
Republic Council on the Protection of Landscape No. 114/1992 (last amend.
Animals Against Cruelty No. 2017); Decree No. 395/1992 Coll.
246/1992 (last amend. 2017) implementing provisions of the Act on
Protection of Nature and the Landscape
(last amend. 2018); Decree 411/2008
Coll. on animal species requiring
special care (last amend. 2011); Decree
346/2006 Coll. on detailed conditions of
keeping and training of animals
Denmark Animal Welfare Act No. 20 of BEK No. 1261 of 17 November 2015 No Yes Yes
11 January 2018 prohibiting the keeping of certain
animals; Act on the Keeping of Animals
No. 1 of 2 January 2019
Estonia Animal Protection Act of 13 Nature Conservation Act of 21 April No Yes Yes
December 2000 (last amend. 2004 (last amend. November 2018);
RT I, 13 March 2019, 16) Regulation 29 of 12 April 2007 on the
Registration of the Keeping of Wild
Mammals, Birds, Reptiles in Annex A to
Council Regulation (EC) No 338/97 on the
Protection of Species of Wild Fauna and
Flora by Regulating Trade therein and the
Prohibition on Keeping of Hominoidea;
Regulation 76 of 24 July 2008 on Pet
Keeping Requirements (last amend. June
2009)
24 EUROGROUP FOR ANIMALS6. Analysis of national legislation
REASONS FOR RESTRICTIONS AUTORISATION SPECIFIC HOUSING HOUSING
REQUIREMENTS REQUIREMENTS TO REQUIREMENTS REQUIREMENTS
(LICENSE, PERMIT, BE MET TO OBTAIN AN GENERAL OR DETAILED SPECIFIED FOR EXOTIC
REGISTRATION, etc.) AUTHORISATION PETS
Animal protection and welfare Yes No Detailed requirements Yes
(cage sizes,
temperature, feeding,
social context and
more)
Animal protection and welfare; Yes (exceptional Yes (sufficient expertise General requirements No
human health and safety; permits for keeping of and appropriate
protection of biodiversity and animals not in positive environment to ensure
ecological risks list) good animal welfare)
Animal protection and welfare; Yes (registration) No General requirements No
human health and safety;
protection of biodiversity and
ecological risks
Human health and safety; No No General requirements No
protection of biodiversity and
ecological risks
Protection of biodiversity and Yes (licence for No General requirements No
ecological risks vulnerable native animal
species)
Animal protection and welfare; Yes (authorisation) No General requirements Yes
human health and safety; (for certain trained wild
protection of biological diversity animal also detailed
and ecological risks requirements on cage
sizes, temperature, and
more)
Animal protection and welfare; Yes (for animals in Yes (animal was General requirements No
human health and safety Annex 1 to BEK No. obtained before 2016,
1261) is clearly labelled, and
cannot reproduce)
Protection of biodiversity and Yes (registration of No Detailed requirements Yes
ecological risks protected species (cage sizes, structures,
in category I and for feeding and more)
species in Annex IV to
the Council Directive
92/43/EEC)
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