EUROGROUP FOR ANIMALS - Analysis of national legislation related to the keeping and sale of exotic pets in Europe
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EUROGROUP FOR ANIMALS
Analysis of national legislation related
to the keeping and sale of exotic pets in Europe
July 2013
ACADEMIC REPORT 2013
EUROGROUP FOR ANIMALS Analysis of national legislation related to the keeping and sale of exotic pets in Europe Author : Sofie de Volder, Staci McLennan, Véronique Schmit This Analysis has been produced in cooperation with :
Acknowledgements
• Sincere thanks to Sophie Adwick at the RSPCA for her thorough editorial review
• Eurogroup for Animals is extremely grateful to AAP for supporting its wildlife programme
• Thank you to our Member Organisations and national competent authorities who provided their input and
feedback on our analysis.
Eurogroup for Wildlife & Laboratory Animals gratefully acknowledges funding support from the
Directorate-General for the Environment of the European Commission. All content and opinions
expressed on these pages are solely those of EWLA.
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 2013
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
This report is dedicated to all those animals like Donkey who have been forced to endure intolerable and inhumane
conditions as “pets” where legislation failed to provide for their welfare. We hope this report can spearhead
legislation that ensures only suitable species are kept as pets where their welfare is a priority.
2 EUROGROUP FOR ANIMALS
TABLE OF CONTENTS
GLOSSARY 5 TABLES, BOXES, MAPS & ANNEXES
EXECUTIVE SUMMARY 7 TABLES
1. INTRODUCTION 9
TABLE 1: Overview of the current legislation on
2. AREAS OF CONCERN RELATED TO EXOTIC PETS 11 the private keeping of exotic pets.. . . . . . . . . . 22
TABLE 2: Overview of the current legislation on
2.1. What is an exotic pet? 11 the sale of exotic pets.. . . . . . . . . . . . . . . . . . . . 32
2.2. Concerns about keeping exotic animals as pets 11
2.2.1. Animal health and welfare and ethical concerns 11 TABLE 3: Summary of provisions covering exotic
2.2.2. Invasive threat 12 pets included in national laws.. . . . . . . . . . . . . 41
2.2.3. Species and habitat conservation 12 TABLE 4: Brief summary on provisions covering
2.2.4. Health and safety risks 12
exotic pets included in national laws.. . . . . . . . 42
3. THE NEED FOR REGULATION: POSITIVE AND NEGATIVE
LISTS OF SPECIES 13 BOXES
3.1. Positive list 13 BOX 1: The Belgian positive list . . . . . . . . . . . . 13
3.2. Negative list 13 BOX 2: Resolution on the keeping of wild
3.3. Assessing the suitability of species kept as pets 14
animals as pet animals . . . . . . . . . . . . . . . . . . . 15
4. RELEVANT LEGISLATION AT EUROPEAN LEVEL 15 BOX 3: Housing requirements for pets
in Austria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
4.1. Council of Europe 15
BOX 4: Training requirements for pet shop
4.2. European Union 15
retailers in Sweden . . . . . . . . . . . . . . . . . . . . . . 30
5. PENDING LEGISLATION AT EUROPEAN LEVEL 17
MAPS
5.1. EU Invasive Alien Species Strategy 17
5.2. Animal Health Law 17 MAP 1: Overview of the current legislation on
5.3. Framework Law on Animal Welfare 17
the private keeping of exotic pets.. . . . . . . . . . 20
6. METHODOLOGY 18 MAP 2: Overview of the current legislation on
the sale of exotic pets.. . . . . . . . . . . . . . . . . . . . 31
6.1. List of questions used during the survey 18
ANNEXES
7. ANALYSIS OF NATIONAL LEGISLATION 19
7.1. Private keeping of exotic pets 19 ANNEX 1: Summary definitions on animals in
7.2. Sale of exotic pets 30 different Member States. . . . . . . . . . . . . . . . . . 44
7.3. Abandonment of exotic pets 30 ANNEX 2: Schuppli and Fraser
Checklist. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
8. PENDING LEGISLATION AT NATIONAL LEVEL 39
ANNEX 3: Country reports. . . . . . . . . . . . . . . . 51
9. DISCUSSION AND CONCLUSION 40
9.1. Negative vs. positive lists 42
10. RECOMMENDATIONS 43
11. ANNEXES 44
12. REFERENCES 86
Analysis of national legislation related to the keeping and sale of exotic pets in Europe 3
4 EUROGROUP FOR ANIMALS
GLOSSARY
CBD [1]: domesticated animals, both native and non- NOBANIS [8]:
native, kept as pets (see paragraph 2.1 What
The Convention of Biological Diversity (CBD) is an exotic pet?). The European Network on Invasive Alien
was established in 1993 and has three main Species (NOBANIS) provides information
objectives: on alien and invasive species in North and
Five Freedoms [4]: Central Europe. The network also provides a
1. The conservation of biological diversity database on introduced species, a literature
2. The sustainable use of the components The Five Freedoms are basic ideals of animal database and fact sheets on most invasive
of biological diversity welfare described by the Farm Animal Welfare species.
3. The fair and equitable sharing of the Council (FAWC) in 1992. Although the Five
benefits arising out of utilization of genetic Freedoms were originally defined for farm OIE:
resources. animals, they are applicable to other animals
and have been used for assessing the The world Organisation for Animal Health
The Convention was first introduced by the welfare of pet and captive animals. The Five is the intergovernmental organisation
United Nations Environment Programme Freedoms cover: Freedom from hunger and responsible for improving animal health
(UNEP) in 1988 as a response to the growing thirst, Freedom from discomfort, Freedom worldwide. It is recognised as a reference
recognition that biological diversity is a from pain, injury and disease, Freedom to organisation by the World Trade Organization
global asset of tremendous value. To date, express normal behaviour, Freedom from (WTO) and in 2013 had a total of 178 Member
when the threat to species and ecosystems is fear and distress. Countries.
so great, 193 Parties adopted the Convention
of Biological Diversity. Zoonotic disease:
IAS:
Is a disease which is transmittable between
CITES [2]: An Invasive Alien Species (AIS) is a species various animal species and human beings.
whose introduction and/or spread threaten
The Convention on International Trade in biological diversity [5] [6]. ‘Alien species’
Endangered Species of Wild Fauna and refers to a species, sub-species or lower
Flora (CITES) is an international agreement taxon, introduced outside its natural past or
between governments established in 1975. present distribution and includes any part,
CITES is a legally-binding treaty to which gametes, seeds, eggs or propagules of such
states or countries (referred to as ‘Parties’) species that might survive and subsequently
adhere voluntarily and aims to protect wild reproduce.
animals and plants from over-exploitation by
international trade. The Convention provides
a framework that must be implemented in ISSG [7]:
the national legislation of the Parties that
have adopted the CITES treaty. CITES has The Invasive Species Specialist Group (ISSG)
been signed by 178 Parties and warrants the is a global network of scientific and policy
protection to more than 30.000 species of experts on invasive species, organized
animals and plants. under the auspices of the Species Survival
Commission (SSC) of the International Union
for Conservation of Nature (IUCN). it provides
DAISIE [3]: information on invasive alien species and
iIts aim is to reduce the threats to natural
The Delivering Alien Invasive Species ecosystems by increasing awareness of
Inventories for Europe (DAISIE) project invasive alien species. The network also
provides information on biological invasions promotes and facilitates the exchange of
in Europe and an inventory of invasive information and knowledge on invasive
species that threaten European terrestrial, species across the globe and ensures the
fresh-water and marine environments. linkage between knowledge, practice and
policy.
Exotic pet:
For the purposes of this report we use
the term “exotic pet” to refer to all non-
Analysis of national legislation related to the keeping and sale of exotic pets in Europe 5
6 EUROGROUP FOR ANIMALS
EXECUTIVE SUMMARY
Analysis of national or be based on criteria such as dangerous Recommendations
legislation related to the animals or invasiveness and not on animal
welfare criteria. To address concerns related to animal
keeping and sale of exotic welfare, animal and human health, species
pets in Europe Concerning housing requirements, 20 and biodiversity conservation, and
countries (17 EU Member States and invasiveness of alien species, the report
Scotland and Wales) have no rules at all for recommends the following actions by
exotic pets, and 16 countries (13 EU Member national governments:
The lack of proper regulations on the
States) do not have any requirements for the
keeping of exotic pet animals and insufficient
sale of exotic animals in pet shops, while the • Restrict the type of animals that may
knowledge of private keepers undermine
training of pet shop staff is not compulsory be kept as pets, preferably through
the welfare and health of both humans and
in 13 countries. the creation of a positive list (of animal
animals and poses a threat to biodiversity.
species that are allowed to be kept)
In 16 countries (15 from the EU), pet shops based on suitable criteria.
To determine the regulatory gaps on the
are not obliged to provide information on • Restrict the sale of pets to licenced pet
keeping and sale of exotic animals in EU
housing and care to the purchaser when shops and breeders and put in place
Member States, a review of existing animal
selling exotic pets. strict inspection criteria.
welfare and other relevant legislation at
• Make it compulsory for pet shops
national level was conducted. The countries
Finally the legislation of four countries does to provide prospective buyers with
covered by the study are the 27 EU Member
not cover the abandonment of animals at detailed information on the animals’
States, with UK further split in four “entities”,
all, although only animal welfare legislation physiological, ethological and
as well as Norway, Switzerland, Croatia and
and related legislation was covered during environmental needs.
Turkey. The main aspects examined include
the research. • Adopt rules for the compulsory training
the following: restrictions on the keeping of
of pet shop staff.
exotic animals by private people; registration
The results of this research indicate that the • Establish a minimum legal age to
and authorisation; housing and other
negative list is the most commonly used purchase a pet animal.
requirements; rules for pet shops including
system to regulate the keeping of exotic pets. • Include in the legislation detailed
on training of staff; and abandonment and
Yet this approach is the least precautionary information on housing and care of
release of exotic pets. The report also
as by default any animal not on a negative list exotic pets which are allowed to be kept
briefly reviews relevant existing and pending
is allowed to be kept, requiring the list to be • Adopt provisions concerning the
legislation at European level (Council of
quite long to ensure that animals with welfare, abandonment of animals and impose
Europe and European Union).
health, invasive or conservation risks are not dissuasive penalties.
kept. In addition it might not be adequate to • Keep up-to-date records of exotic
address emerging trends and threats from animal species currently kept by
Results the keeping of new exotic animals. Indeed, private individuals and improve the
the process to add new species on the list is enforcement of existing legal provisions.
The analysis indicates that national rules on often slow and burdensome and the content
the restriction of keeping exotic pets vary of the list will thus lag behind the latest trends At EU level, the impact of keeping and trade
widely across countries. Legal provisions in the trade and keeping of exotic pets. in exotics pets on human and animal health,
may ban the keeping of some species of animal welfare, the environment and more
animals (negative or black list) or only allow The results also show that regulations often specifically biodiversity should be taken into
some species to be kept (positive or white fail to encompass the animal kingdom, account through the adoption of strict rules
list). Keeping can also require authorisation addressing mainly mammals while in animal health, animal welfare, trade and
in the form of a licence. ignoring the large groups of birds, reptiles, environment policies.
amphibians, insects and ornamental fish,
The study shows that big gaps exist in current which are currently widely represented in
national legislation related to exotic pets. the pet trade.
In particular, out of the 31 countries studied, Finally, inconsistencies have been identified
five countries (including three EU Member in national legislation for example with
States) do not have any restriction on the licencing systems covering dogs but not
private keeping of exotic pets, while eight exotic species.
countries (five EU member states and
Northern Ireland) do not have a list of species
that may or may not be kept by private
people. In addition, lists may only cover
some animal groups such as mammals,
Analysis of national legislation related to the keeping and sale of exotic pets in Europe 7
8 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 the 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 9
10 EUROGROUP FOR ANIMALS
2. AREAS OF CONCERN RELATED TO EXOTIC PETS
2.1. What is an exotic pet? For the purposes of this report we will cannot be guaranteed when they are kept in
use the term “exotic pet” to refer to all captivity as it might be difficult to provide for
As the types of animals being kept has non -domesticated animals, both native and the ‘Five Freedoms’ described by the Farm
changed over the years, so too has non-native, kept as pets. Animal Welfare Council (1992). Although the
the terminology and debate over what Five Freedoms were originally defined for
constitutes a pet. Schuppli and Fraser farm animals, they are applicable to other
(2000) define ‘exotic animal’ as an animal animals and have been used for assessing
2.2. Concerns
about keeping
that is not native to the local area. This term the welfare of pet and captive animals.
is regularly used to describe non-traditional exotic animals as pets
animals, such as snakes, iguanas, geckos, • First, freedom from hunger, thirst
chameleons, frogs, spiders, parrots, bats, The keeping of exotic animals as pets
and malnutrition requires adequate
sugar gliders and Barbary macaques [10]. raises concerns over animal welfare, human
knowledge of the species and its needs
An overview of regularly used terms related and animal health, invasive threats and
and availability of often specialised food
to the bio-geographical context or domestic conservation. Some species such as dogs
to the owner.
status of an animal is given below. and cats have been bred and domesticated
• Second, freedom of disease and
for centuries and are widely kept as pets.
injury requires adequate veterinary
• Native animal [11]: Originating, growing These species may be well suited to life
knowledge and availability of, as well
or produced naturally in a certain place as a pet, especially if they have been bred
as access to, veterinarians with such
or region. Synonyms are indigenous, and raised appropriately for this lifestyle. It
expertise.
endemic, autochthonous, and could be argued that there is more scientific
• Third, freedom from physical
aboriginal. knowledge available on the husbandry of
and thermal discomfort requires
• Non-native animal [11]: Originating in such species to safeguard their welfare. Over
knowledge of the way in which a
a different region and acclimated to a the twentieth century new species, primarily
species lives in the wild and how this
new environment. Synonyms are alien, used as laboratory or production animals,
can be effectively translated into a
non-indigenous. such as guinea pigs, rats, gerbils and
captive setting.
• Domestic animal [12]: An animal that chinchillas became popular pets [15]. Today,
• Fourth, freedom from fear, distress
is not wild and is kept as a pet or to the keeping of reptiles, amphibians, and
and other negative psychological
produce food. invertebrates as well as non-domesticated
states requires the ability to recognise
• Non-domestic animal [13]: An animal species of mammals, birds and fish appears
positive, neutral and negative
considered to be wild or not adapted to be gaining popularity. This growing trend
psychological states in the animal
for domestic use. warrants further consideration.
as well as an ability to act to counter
• Exotic animal [14]: A species that is not negative and neutral states.
native to the area in which it is found. • Fifth, freedom to carry out most
• Invasive Alien Species (IAS): an alien 2.2.1. Animal health and welfare normal forms of behaviour requires
species whose introduction and/or insight on their natural behaviour in the
spread threatens biological diversity wild and how this can be provided for
Exotic animals have complex needs
[5] [6]. ‘Alien species’ refers to a species, in a captive environment (e.g. social
that are closely tied to their natural diet,
sub-species or lower taxon, introduced groups, substrate for digging).
environment and behaviour in the wild;
outside its natural past or present
these needs are not always known [15]. It
distribution and includes any part,
can be difficult, if not impossible in some It is clear that a comprehensive knowledge
gametes, seeds, eggs or propagules
cases, for the average owner to provide of a species is a key component if one
of such species that might survive and
for these needs. Examples exist of animals expects to fulfil its needs and ensure health
subsequently reproduce.
suffering as a result of poor husbandry, and welfare. Understanding of housing
for instance inadequate nutrition, misuse requirements and environmental needs is
The terminology however may vary both
of heating equipment and inappropriate or important, but even when knowledge is
in its use and meaning, internationally and
lack of medical care. Furthermore, even available it is sometimes difficult to satisfy
at EU level [5]. At EU level exotic pets are
when scientific information on the species’ the specialised needs of some exotic species
virtually undefined. National legislation
needs is available, there can be a lack of in a household environment. The knowledge
of EU Member States generally includes
knowledge of these requirements by the and expertise of the average keeper may
definitions for ‘pets’, ‘companion animals’,
keepers, thus affecting the welfare and health not be adequate; this, combined with the
‘domesticated animals’ or ‘wild animals’, but
of the animal. From an ethical point of view, constraints of a household setting, can
very few countries define ‘exotic’ animals.
it is questionable whether the keeping of make it extremely difficult to meet the Five
An overview of the available definitions of
such species should even be permitted if Freedoms for an exotic pet.
the different terms in the EU Member States
the health and welfare cannot be assured.
and a few other European countries can be
found in Annex 1.
According to Schuppli and Fraser (2000) the
welfare and health of many exotic species
Analysis of national legislation related to the keeping and sale of exotic pets in Europe 11Not only can it be very difficult to ensure the website [6] or the ‘European Network on countries the keeping of such animals by
welfare of an exotic pet, the owner might Invasive Alien Species (NOBANIS)’ website private individuals is regulated or prohibited.
also lose commitment to the animal due to [8]. Exotic animals can be carriers of diseases
traits such as its long life expectancy, large such as rabies, monkey pox and salmonella
adult size, complex housing requirements, [15]. An estimated 71.8% of emerging
aggressive nature or high costs [10]. zoonotic diseases originate in wild species
2.2.3. Species and habitat conservation (e.g. Nipah virus and SARS) [23]. “Zoonoses
from wildlife represent the most significant,
The capture of animals in the wild for the
2.2.2. Invasive threat exotic pet trade can contribute to the decline
growing threat to global health of all EIDs
[emerging infectious diseases]” [23].
in wild populations and threaten biodiversity.
When owners are no longer able or willing Crude and non-species-specific methods
to care for their exotic pet, they may release may be used to catch wild animals, which There are many documented cases of
them into the wild. Abandoning an animal can damage the ecosystem and result in exotic pets spreading diseases to other
can certainly impact the animal’s welfare injuries or death for both target and non- animals and even humans. The spread of
directly, but released animals may also target animals. It has been estimated chytridiomycosis, a fungal disease caused
present a threat to native wildlife and the local that for every chimpanzee kept as a pet by Batrachochytrium dendrobatidis, has
ecosystem and human and animal health or rescued, that another 10 animals died infected more than 500 species of amphibians
(e.g. predation, hybridisation, competition, [19]. Although the focus is shifting towards through trade activities [24] [25]. Newcastle
etc.). While not all non-native species captive-bred animals, founder stock (e.g. disease was transmitted from imported
introduced to a new area may become parents) may still be collected from the wild to parrots to domesticated chickens, requiring
invasive those that do establish can have diversify the gene pool or introduce desired the eradication of 12 million chickens and
significant impacts on endangered native characteristics. hundreds of non-domesticated birds in 1971
species and human livelihood [16]. in California [26] and resulting in a huge
economic loss. An Egyptian fruit bat infected
Furthermore many species do not breed well
Analysis of existing lists of Invasive Alien with rabies sold in a pet shop in France led
in captivity and are still caught in the wild (e.g.
Species (IAS) in Europe found the main to the euthanasia of all animals which had
slow lorises which are very popular in the
pathway for the introduction of IAS in the contact with the bat and the vaccination of
exotic pet trade despite an international trade
case of mammals, birds, fish, amphibians, almost 130 people [27]. Infectious diseases
ban). In the United States detailed records
reptiles and invertebrates was through transmitted by exotic animals can have
are kept on all imported animals (including
import for the pet trade, angling, hunting devastating socioeconomic effects by
non-CITES species) and of the 1.48 billion
and captive settings (e.g. fur farms, zoos) directly affecting livestock, food security
live animals imported between 2000-2006
[17]. Animals subsequently became invasive and food safety and livelihood of farmers
mostly for pet trade, 80% of shipments were
either through deliberate introduction into [28] particularly in third world countries [29].
from wild populations [20].
the environment or as they escaped from
keeping in captive situations [17].
High mortality rates during capture,
holding and transport further threaten the
Analyses of species invasions in Europe
conservation of the species as more animals
document a dramatic increase in invasions
may need to be harvested to meet the pet
since the start of the twentieth century which
trade demand. A study on the wild bird trade
is still on-going and the pet trade remains
from Senegal estimated that 70% of birds
an important pathway [16]. The invasive
died during capture, export and quarantine
potential of a species in a particular country
[21]. The harvesting of wild animals can
is not always known; in these instances, the
deplete native populations up to 70% [22].
known degree of invasiveness of the species
in another country with similar habitats
can give a clue. Besides the fundamental
ecological risk there is also a huge economic 2.2.4. Health and safety risks
cost: Europe spends about 12 billion Euros
each year to control and limit the damages
Exotic species can also pose a potential
caused by IAS [18].
health and safety risk for their keepers,
other captive animals and native wildlife,
Information on invasiveness of a certain particularly as a vector for zoonotic diseases
species can be found on the IUCN/SSC [15]. Some animals, such as venomous
‘Invasive Species Specialist Group (ISSG)’ reptiles, crocodiles, wolves, primates and
website [7], the ‘Delivering Alien Invasive large cats can pose a serious safety risk
Species Inventories for Europe (DAISIE)’ to humans and other animals; and in some
12 EUROGROUP FOR ANIMALS3. REGULATION - POSITIVE AND NEGATIVE LISTS
OF SPECIES
It is very laborious to enact detailed legislation keepers who prove they have the knowledge, criteria and if a procedure was in place
including housing and care requirements housing and skills necessary to provide for parties to request the inclusion
for each exotic animal species that may be for keeping the animal. While requests for of species to the list. The latter was
kept as a pet, taking into account its specific exceptions are possible, the general principle absent in the initial regulation and
needs; indeed the needs of some species of a positive list is to restrict keeping of the list was cancelled by the Belgian
cannot be met adequately in a captive species of animals whose welfare cannot Council of State after a complaint by
household environment. Some countries be assured in a household environment by the ‘National Council of Animal Owners’.
such as Austria, Estonia and Slovenia have the average owner. Currently the positive A revised regulation (without changing
made great efforts in elaborating detailed list only addresses mammals, but similar the species list) was promulgated 1
housing requirements for groups of species lists are being planned for reptiles and birds, October 2009 along with a procedure to
such as minimum cage sizes, temperature, although an official proposal has not yet been formally request amendments to the list
humidity, social structure and feeding. presented. In Belgium, a request form with of species. A second complaint on the
However, regulations based on science and detailed argumentation has to be sent to revised version by the ‘National Council
expert opinion need to be fully implemented the competent authority to add a species of Animal Owners’ was rejected and
and enforced to make these requirements to the positive list. the positive list for mammals has been
effective. This requires a considerable retained.
amount of resources such as inspectors Other countries have created lists of species
and money. which are allowed to be kept conditional to Some experts regret that species such
an authorisation (permit, license, register). as the chinchilla, the Eastern chipmunk
An alternative and perhaps more efficient way But unlike the Belgian positive list, species and the black-tailed prairie dog are
to reduce the risks caused by exotic species not on these lists are not a priori forbidden. retained in the revised version of the
being kept as pets is to introduce a positive Animals not included in the list of species positive list. These species require more
or negative list. These lists restrict the types requiring authorisation and not prohibited professional care to meet the welfare
of species which are authorised to be kept as by a negative list can thus be kept by private needs and the Eastern chipmunk is
pets, generally excluding dangerous animals keepers. even known as an invasive species,
(e.g. large wild cats and venomous snakes), especially in the Brussels Sonian Forest.
and protected species, while allowing more Still, the Belgian positive list is a role
traditional, domesticated species. (eg cats, BOX 1: model for other European countries, as
dogs, guinea pigs and rabbits). THE BELGIAN POSITIVE LIST it reduces the private keeping of exotic
animals not suitable to be kept as pets.
The Belgian positive list (mammals only)
3.1. Positive list According to the Belgian Federal Public
contains 42 species that are allowed to
Service for Health, Food Chain Safety
be kept, and any mammal not on this
and Environment, a draft of a positive
A positive list contains species that are list is prohibited in private ownership
list for reptiles is already submitted
allowed to be kept, with or without the (Royal Decree of 16 July 2009). The
to associations of animal traders,
requirement of a permit or authorisation. A list contains cats, dogs, several mice
terrarium associations and animal
positive list tends to be a shorter, distinct species, ferrets, chinchillas, four deer
welfare associations [30]. A definitive
list that is precautionary in nature and gives species, hamsters, horses, rabbits, rats,
positive list will be created, based on
clarity about which species are allowed to degus, guinea pigs, gerbils, black-tailed
their advice. A positive list for birds is
be kept in a country, whether or not with prairie dogs, the red necked-wallaby,
expected to be developed after the
a permit. It is also much easier to update alpine ibex, llamas and the typical farm
reptile list is finalised, but this is not
compared to a negative list, as all species not animals.
yet under discussion.
on the list are a priori forbidden to be kept.
A mechanism to amend the list is important. The regulation was first enacted in the
Royal Decree of 7 December 2001. It
Belgium is the only EU country with a positive was eventually contested in court by the 3.2. Negative list
list for mammals (Box 1). The list contains pet trade industry in 2007 as prohibiting
42 species that are allowed to be kept by trade between Member States and A negative list contains species that are
private individuals and 4 additional species ultimately referred to the European prohibited from being kept by private
that are allowed to be kept for production Court of Justice. The Court found the list owners. It is typically not possible to acquire
purposes (Royal Decree of 16 July 2009). not inconsistent with Council Regulation a permit or authorisation for such species,
The species must comply with certain criteria (EC) No. 338/97 on the protection of but exceptions can be made for zoological
(see section 3.3.) in order to be added to species of wild fauna and flora by gardens and research institutions. 22 EU
the list. Any mammal species not included regulating trade therein and left the Member States as well as Norway have
in this list is forbidden in private ownership. issue to the Belgian court. This court adopted negative lists. A negative list is
Exceptions can be made for specialised had to determine if the list was based usually drafted for reasons of potential risk
on objective and non- discriminatory
Analysis of national legislation related to the keeping and sale of exotic pets in Europe 13(e.g. health, safety, ecological) posed by list if it complies with the following:
certain species, restrictions on international • Animals must be easy to hold and keep in
trade or for conservation purposes. While respect of their essential physiological,
lists vary by country they often include ethological and ecological needs.
species that may pose a health or safety • No species should be listed for which
risk such as primates, big cats, venomous there are clear indications that, in case
reptiles, birds of prey and crocodiles. Some it escapes, it would be able to survive
countries or regions have negative lists that in nature and consequently represent a
include all exotic animals (Brussels region in risk for the native environment.
Belgium) or invasive alien species (Andalusia • The species that are kept cannot
and Valencia autonomous regions in Spain). be aggressive and/or dangerous or
represent a particular danger for human
There are a number of potential drawbacks health.
associated with this type of list. Species • Data and scientific information must
not mentioned are by default allowed to be available concerning the keeping
be kept - including hybrids, subspecies of these animals.
and species new to the trade. Reactive • In case of contradictory data or
in nature, negative lists fail to employ a information on the keeping of an animal,
precautionary approach. The species in the benefit of doubt should be in favour
trade are ever-changing based on current of the animal.
trends (e.g. meerkats have become popular
in the UK following a popular advert with Applying the Schuppli and Fraser checklist
these charismatic species); a negative list or Belgian positive list criteria to determine
thus needs regular updating. Mechanisms which species are suitable to be kept as pets
for routine updating have not been seen in by a private owner is intended to enhance
any country and the lists may thus quickly the welfare and health of the animals and
become out of date creating loopholes humans while reducing the environmental
for the trade in new species which might risks.
pose serious welfare, health, invasive and
conservations risk.
Assessing the suitability
3.3.
of species kept as pets
As Schuppli and Fraser (2000) state, ‘…
keeping a companion animal should not
jeopardize – and ideally should enhance –
its welfare, as well as that of its owner; and
that keeping a companion animal should not
incur any appreciable harm or risk of harm
to the community or the environment’. In
order to assess the suitability of species as
pets, Schuppli and Fraser (2000) developed
a checklist (Annex 2) of questions related
to the welfare of the animal, the welfare of
others and the risk to the environment. A
species can subsequently be classified in
categories going from A (very suitable as a
companion animal) to E (highly unsuitable
as a companion animal).
The amended Belgian positive list (Royal
Decree of 16 July 2009) includes similar
criteria to the Schuppli and Fraser checklist.
An animal can only be added to the positive
14 EUROGROUP FOR ANIMALS4. RELEVANT LEGISLATION AT EUROPEAN LEVEL
4.1. Council of Europe BOX 2:
RESOLUTION ON THE KEEPING OF WILD ANIMALS
Convention for the Protection of Pet AS PET ANIMALS
Animals
“Agreed to set up a system enabling the control of the keeping of animals of wild species
The European Convention for the Protection as pet animals taking into account the following criteria:
of Pet Animals aims at assuring the welfare
of animals, especially animals kept privately 1. An animal must be housed and cared according to its physiological and behavioural
in the European territory [31]. It has been needs;
open for signature since 1987 and entered 2. In particular, the following conditions must be met:
into force in 1992. The Convention includes i. space allocation sufficient for the specific needs of the animal in particular for
general provisions covering the care of pet movements and exercise;
animals of all kinds, the humane control of ii. appropriate enclosure enrichment with climbing material, digging possibilities,
dog and cat populations and the control rest and hiding places as well as bathing, swimming or diving facilities;
of trade in pet animals. Since 1995 it also iii. possibilities to fulfil the needs for social behaviour;
includes a resolution discouraging the iv. appropriate climatic conditions.
keeping of wild animals as pets (Council of 3. The keeper must have appropriate knowledge to be able to satisfy the physiological
Europe, 1995) [32]. and behavioural needs of the animal during its entire keeping;
4. The necessary conditions must be met to prevent the animal from escaping;
So far the Convention has been ratified 5. The aspects related to aggressiveness of the animal and to possible risk for human
by 22 countries, including 17 EU Member safety and health should be taken into account.”
States (Council of Europe, status as of
17/08/2012) [31]. Countries are legally
and morally bound to incorporate the
provisions of the Convention into their own
national legislation six months after the
ratification [33]. Unfortunately, due to the 4.2. European Union
lack of an enforcement mechanism, some
countries have only partially implemented Council Regulation 338/97/EC & and Habitats Directives as well as those that
the Convention or have made reservations. Commission Regulation (EC) No 865/2006 if introduced to the EU natural habitat could
Some EU Member States have implemented – CITES (Wildlife Trade Regulations) pose a serious ecological threat to indigenous
the provisions in their national legislation species. The commercial use of Annex
without ratifying the Convention. At the international level, the trade in A species is prohibited with exemptions
wildlife is controlled by the Convention on possible for captive-bred specimens and
In 1995, the Council of Europe adopted a International Trade in Endangered Species species intended for breeding, education
non-binding Resolution on the Keeping of of Flora and Fauna (CITES) [1], which is or research for conservation purposes.
Wild Animals as Pet Animals. It recalls the applied in the European Union through According to Article 8.2 of the Regulation
provision in the Convention stating that ‘the Council Regulation 338/97/EC on the “Member States may prohibit the holding
keeping of specimens of wild fauna as pet protection of species of wild fauna and flora of specimens, in particular live animals of
animals should not be encouraged’. The by regulating trade therein (Basic Regulation) the species listed in Annex A”. In this report
requirements of Article 4 of the Convention [34] and Commission Regulation (EC) No ‘holding’ of species is usually referred to as
states that ‘pet animals should be provided 865/2006 lays down detailed rules for the ‘keeping’ of animals or species.
with accommodation, care and attention implementation of Council Regulation (EC)
taking into account the ethological needs No 338/97 (Implementing Regulation) also Despite some provisions covering transport
of the animal in accordance with its species known as the EU Wildlife Trade Regulations and housing, the primary purpose of CITES
and breed, and that an animal which cannot [35]. The aim of these Regulations is to and the EU Wildlife Trade Regulations
adapt itself to captivity in spite of these conserve wild species by ensuring that is species conservation through trade
conditions being met, shall not be kept as international trade in these species does regulation – not the welfare of the traded
a pet animal’ [31]. In order to control the not threaten their survival. animals. Over 5000 animal species are
keeping of exotic pets, criteria related to covered, yet many species kept as exotic
housing and care, knowledge of the keeper, The Regulations include four Annexes (A, pets do not fall under CITES or the EU
escape prevention and human health and B, C and D) that divide species according Regulation. There is also a lack of data on
safety were incorporated in Resolution on to their level of trade restrictions. The EU the conservation status of many species,
the Keeping of Wild Animals as Pet Animals categorises animals and plants according to especially amphibians and reptiles, leading to
(Box 2) [32]. more stringent criteria than those of CITES, species being potentially at risk of extinction
and includes species listed in the EU Birds while still traded without restriction for the
pet business.
Analysis of national legislation related to the keeping and sale of exotic pets in Europe 15Council Directive 92/65/EEC – Balai Strategy for the Protection and Welfare
Directive (Health) of Animals 2012-2015
Council Directive 92/65/EEC of 13 July 1992 The Commission put forward a new
laying down animal health requirements Animal Welfare Strategy [39] to improve
governing trade in and imports into the the protection of animals in the EU. The
Community of animals [36] provides main goals of the strategy are to improve
for specific health requirements for the the competence of personnel, improve
movement of animals into, out of and within enforcement of existing legislation, support
the Community. This framework Directive international cooperation, educate and
generally covers all animal species not provide consumers and the general public
already covered by specific EU rules and is with appropriate information, and set up
the basis in case detailed rules need to be a network of animal welfare centres. As
developed for specific groups of species part of the strategy, a simplified legislative
(such as wild birds, see below). framework is planned to be proposed by
2014, “with animal welfare principles for all
The Directive harmonises the rules for animals kept in the context of an economic
movements of live animals between EU activity”. However the strategy does not
Member States and imports into the EU specifically mention exotic animals traded
from third countries, to prevent the entry of and kept as pets, but has a heavy emphasis
animals with infectious diseases. Imports still on farm animals and proposes a study
are conditional on specific requirements, on welfare of cats and dogs. The European
including a health certificate. Live animals Parliament and Council conclusions stated
entering the EU are inspected at authorised that animal welfare legislation should cover
Border Inspection Posts. The Directive additional species, including “wild animals
includes additional restrictions on the kept in captivity” [40] [41].
import of some groups of species such as
apes which is authorised ‘solely to animals
consigned from and to a body, institute
or centre approved by the competent
authorities of the Member States’.
Commission Implementing Regulation
(EU) No 139/2013 (Wild-bird imports)
Commission Implementing Regulation (EU)
No 139/2013 of 7 January 2013 laying down
animal health conditions for imports of certain
birds into the Union and the quarantine
conditions thereof [37] sets requirements for
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.
The import of wild birds bred in captivity in
approved establishments is currently [38]
authorised from 10 establishments, in 5
countries. Only registered establishments
are authorised to export and must comply
with specific requirements laid down by
the third country authorities. The imported
birds are submitted to a range of tests and to
quarantine in registered centres upon arrival
in the EU. Birds imported for conservation
programmes, pets accompanying their
owners and animals intended for zoos,
circuses, amusement parks or experiments
are exempted.
16 EUROGROUP FOR ANIMALS5. PENDING LEGISLATION AT EUROPEAN LEVEL
EU Invasive Alien Species
5.1. clearer regulatory framework, the EU Animal “For zoo animals, EU legislation aims at
Strategy Health Law, which was proposed on 6 biodiversity conservation and does not
May 2013 by the European Commission. specifically refer to animal welfare. Welfare
The European Commission is developing Ideally, the legislative proposal should could be improved by providing more
a Strategy on Invasive Alien Species (IAS) cover the health of all animals kept in the detailed requirements for the needs of wild
[18] as part of the EU Biodiversity Action EU for food, farming, sport, companionship, animals.” [9]
Plan, which could include trade restrictions entertainment and in zoos, as well as wild
on the importation of certain species. The animals and animals used in research where In 2013, the European Commission started to
EU Wildlife Trade Regulations restrict the there is a risk of them transmitting disease consult stakeholders in view of conducting
import of ecologically threatening species to other animals or to humans. the feasibility study provided for in the animal
(e.g. red-eared terrapin, American bullfrog, welfare strategy. If the outcome of the study
painted turtle, American ruddy duck, Eastern The animal health law will combine current is in favour of a general animal welfare
fox squirrel, Eastern grey squirrel and Pallas’s EU animal health legislation into a single framework law, we believe that wild animals
squirrel), yet many other non-native species framework, including the health requirements traded and kept in the EU should be included
threaten habitats, native wildlife, human for movements and trade principles currently in its scope as their welfare is currently not
and animal health and the economy. At covered by the Directive 92/65/EEC (Balai protected, despite the fact that they are the
the Member States’ level there is great Directive - see section 4.2. above). It will subject of commercial activities which go
variation in the restrictions and scope of be the basis for implementing rules with over national borders and national rules differ
IAS regulations. detailed health provisions, which could widely or are inexistent, as shown by the
restrict the import of specific categories of results of the present study. Harmonising
To address this regulatory gap, the exotic species. the rules at EU level would thus also lead to
Commission will propose a legislative reduced distortion of competition.
framework on IAS in 2013. The legislative IAS
framework should give the highest priority Framework Law on
5.3.
to prevention as the most cost-effective and
environmentally desirable measure with full
Animal Welfare
consideration of humane management for
The EU Strategy for the Protection and Welfare
already established invasive alien species.
of Animals 2012-2015 recognises that some
Import, trade, sale and keeping of IAS
current legislation contains provisions that
need to be regulated at the EU-level based
are too general to have practical effects and
on clear, scientific guidelines considering:
that no specific legislation exists covering
relevance/abundance in trade, adaptability,
certain species. It provides for a feasibility
previous invasion success, capacity for
study to examine the possibility to adopt an
dispersal, potential impact, feasibility of
animal welfare framework law.
eradication if established, etc. Any listing
strategy of priority species should employ
The report on the Evaluation of EU Policy
the precautionary principle supported by
and Animal Welfare (2010) [9] also highlighted
the Convention on Biological Diversity, as
the need to extend the scope of EU animal
IAS may be detected after considerable
welfare legislation, one of the possibilities
lag time with their impact being cumulative
being “through a general EU animal welfare
and complex. Hence a “white” list approach
law”, which “could contribute to a common
(of acceptable species for import, similar
understanding of the concept of animal
to concept of “positive list” for private
welfare across Europe by imposing a
keeping) would be the most precautionary
clear ‘duty of care’ for users and keepers
and effective.
of animals”. The report found that EU
legislation on the protection of animals has
contributed to the proper functioning of the
5.2. Animal Health Law internal market, but mainly in these areas
where specific EU animal welfare legislation
The EU Animal Health Strategy provides a is in place (e.g. farm animals). It shows that
framework for animal health measures for much greater variations in standards exist for
the period of 2007 – 2013 [42]. It is focused those animals outside the scope of current
on the prevention of disease with emphasis EU legislation, and that harmonisation is
on precautionary measures, disease important in avoiding competitive distortions
surveillance, controls and research. It within the internal market.
provides for the adoption of a single and
Analysis of national legislation related to the keeping and sale of exotic pets in Europe 176. METHODOLOGY
While some provisions related to the welfare, List of questions used
6.1.
private keeping and sale of exotic animals during the survey
are included in the various EU legislation
mentioned in the previous section, no The following questions were used to gather
detailed regulations exist at the EU level to information on the animal welfare laws and
cover the welfare of exotic pets. Instead, it related regulations available on the national
has been left to the Member States to adopt level:
animal welfare legislation that could address
the keeping and sale of these animals.
1. Are there restrictions on the (private)
keeping of certain exotic animals? What
To determine the regulatory gaps on the is the reason for such restrictions?
keeping and sale of exotic animals in EU 2. Is there a positive or a negative list?
Member States, a review of existing animal 3. Are there requirements for registration,
welfare and other relevant legislation (e.g. authorisation or a licence for the
secondary legislation and nature laws) at (private) keeping of exotic animals?
the national level was conducted. Some 4. Are there housing requirements? Are
countries have complementary legislation these requirements specific to exotic
on the regional or local level, which was animals?
also included in the review. While every 5. Is there legislation on the sale of exotic
country has animal welfare legislation, a few animals in pet shops?
countries do not have national legislation that 6. Are there housing requirements for
addresses the keeping and sale of exotic animals sold in pet shops? Are these
pets but rather have regulations on a regional requirements specific to exotic animals?
or local level. 7. Are there age requirements for the
purchase of animals? Are these
The legislation of each Member State was requirements specific to exotic animals?
analysed on specific topics in order to answer 8. Is there legislation on the abandonment
questions regarding the private keeping of animals? Are there penalties? Is there
and sale of exotic pets. The analysis of the specific language on the abandonment/
legislative review was subsequently sent release of exotic animals kept in
to animal welfare organisations and some captivity?
competent authorities in the corresponding
Member States for comments or corrections.
A total of 31 countries were studied as
part of this research, including all 27 EU
Member States. The United Kingdom
(UK) does not have an overarching federal
animal welfare law and was divided into
England, Wales, Scotland and Northern
Ireland and represented as four separate
‘entities’. Germany, Austria, Belgium and
Spain have regional specific animal welfare
legislation, but they also have a federal
animal welfare law and were therefore not
split up into different entities. This results in
27 EU countries: Austria, Belgium, Bulgaria,
Cyprus, Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hungary,
Republic of Ireland, Italy, Latvia, Lithuania,
Luxembourg, Malta, Netherlands, Poland,
Portugal, Romania, Slovakia, Slovenia,
Spain, Sweden and United Kingdom
(England, Wales, Scotland, Northern Ireland).
In addition to the EU Member States, four
additional countries were studied: Croatia,
Norway, Switzerland and Turkey.
18 EUROGROUP FOR ANIMALS7. ANALYSIS OF NATIONAL LEGISLATION
Private keeping of exotic
7.1. • Out of the 31 countries, 22 (21 BOX 3:
pets EU) have a negative list (with HOUSING REQUIREMENTS
the exception of Northern Ireland FOR PETS IN AUSTRIA
According to the Convention for the in the UK). Austria, Germany and
Protection of Pet Animals the keeping of wild Spain also have additional negative The Austrian animal welfare law
animals as pets should not be encouraged. lists at a regional level. Belgium and secondary legislation includes
To control the keeping of wild animals as pets, and Croatia have a negative list restrictions on the private keeping of
the non-binding Resolution on the keeping of on regional level only (Brussels certain animal species for reasons of
wild animals as pets was adopted in 1995. Region and City of Zagreb). animal protection. In addition to these
This Resolution includes some criteria to • Belgium is the only country with restrictions, Austria has adopted very
consider suitability: housing and care a positive list (currently only for detailed housing requirements for
according to behavioural and physiological mammals). numerous animal species. Private
needs; space, enclosure enrichment (e.g. • 26 (24 EU) countries have certain persons keeping animals have to
climbing material, digging possibilities, restrictions on the private ensure that the space, freedom of
resting and hiding places, swimming, bathing keeping of exotic animals and in movement, condition of the ground,
and diving facilities); possibilities to fulfil 19 (18 EU) require some form of structural equipment of buildings and
the need for social behaviour; appropriate authorisation. Spain and Belgium facilities, environmental conditions (in
climatic conditions; appropriate knowledge have additional requirements for particular light and temperature), care
for the keeper; preventing the animal from authorisation on the regional level. and food, the possibility for social
escaping; aggressiveness of the animal and Germany has requirements for contacts, adaptation and domestication
possible risk for human safety should be authorisation at a regional level of animals correspond to their
taken into account. only. physiological and ethological needs
• Five countries (Croatia, Greece, (Animal Protection Act 2005). It further
However, it is up to the individual Member Ireland, Malta and Turkey) have no states “no animal shall be kept unless
States to lay down more detailed legislation provisions on private keeping it can reasonably be expected, on the
on the keeping and sale of exotic pets. An of exotic animals in the national basis of its genotype or phenotype, that
overview of the provisions included in the animal welfare law and related it can be kept according to the state of
animal welfare law and related legislation of legislation; hence it can be the art of scientific knowledge without
EU Member States and some other European assumed that any kind of animal detrimental effect on its well-being”
countries can be found in Table 1. can be kept as a pet. (Animal Protection Act 2005).
• 11 countries (10 EU, with the
The majority of EU countries have exception of Wales and Scotland To comply with these requirements,
established negative lists while only Belgium in the UK) have specified housing the Austrian government adopted
has implemented a positive list, and this is requirements for exotic pets with detailed minimum standards to keep
only for mammals. Most countries have very detailed requirements in 10 exotic mammals, birds, amphibians,
some restrictions on the private keeping (9 EU, but only England in the UK) reptiles and fish (attachments of the
of exotic pets, usually in the form of an of them, including information on 2nd Regulation on Livestock; BGB1 II
authorisation. Only a third of the countries minimum cage sizes, temperature, No. 486/2004 as amended by BGB1 II
included (detailed) housing requirements for social structure, accommodation, 384/2007). Exact standards on cage
exotic pets in their national legislation, as feeding and more (Box 3). sizes, structure of the accommodation,
proposed by the Resolution on the keeping bedding material, temperature, humidity,
of wild animals as pets. Detailed housing nutrition and social requirements are
requirements may include information on given for specific species.
cage sizes, temperature, humidity, enclosure Donkey was a chimpanzee rescued by Eurogroup’s
member Stichting AAP from a life tied to a dog house
enrichment, feedstuff, and more, specified in Portugal.
for animal groups (e.g. rabbits, squirrels,
tortoises, snakes, etc.) or even specific
species. General housing requirements state
that animals have to be cared for, housed
according to “physiological needs”, fed and
possibly inspected, but are not specified for
certain groups of species.
When no restrictions are established on
the types of animals that may be kept and
housing conditions are not specified, animals
can be found in abhorrent conditions.
Analysis of national legislation related to the keeping and sale of exotic pets in Europe 19You can also read
