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
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 - JUNE 2020
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.

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      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
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2                    EUROGROUP FOR ANIMALS
Analysis of national legislation related to the keeping and sale of exotic pets in Europe - JUNE 2020
#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
Analysis of national legislation related to the keeping and sale of exotic pets in Europe - JUNE 2020
4   EUROGROUP FOR ANIMALS
Analysis of national legislation related to the keeping and sale of exotic pets in Europe - JUNE 2020
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
Analysis of national legislation related to the keeping and sale of exotic pets in Europe - JUNE 2020
6   EUROGROUP FOR ANIMALS
Analysis of national legislation related to the keeping and sale of exotic pets in Europe - JUNE 2020
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
Analysis of national legislation related to the keeping and sale of exotic pets in Europe - JUNE 2020
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
Analysis of national legislation related to the keeping and sale of exotic pets in Europe - JUNE 2020
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
Analysis of national legislation related to the keeping and sale of exotic pets in Europe - JUNE 2020
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               11
12   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                            13
2. 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 ANIMALS
3. 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                        15
3. 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 ANIMALS
4. 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                          17
4. 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 ANIMALS
5.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 ANIMALS
6. 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                      21
Map 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 ANIMALS
6. 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 ANIMALS
6. 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)

                               Analysis of national legislation related to the keeping and sale of exotic pets in Europe                       25
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