A4-0010/98

Proposal for a Council recommendation relating to the keeping of wild animals in zoos (COM(95)0619 - C4-0103/96 - 95/0333(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Title

>Original text>

Proposal for a COUNCIL RECOMMENDATION

>Text following EP vote>

Proposal for a COUNCIL DIRECTIVE

(Amendment 28)

Recital 1

>Original text>

Whereas Council Regulation (EEC) No 3626/82 of 3 December 1982 on the implementation in the Community of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, as last amended by Commission Regulation (EC) No 2727/95, requires evidence of the availability of adequate facilities for the accommodation and care of live specimens of a great many species before their importation into the Community is authorized; whereas that Regulation prohibits the display to the public for commercial purposes of specimens of species listed in its Annex C, Part 1 and in Appendix I to the Convention, unless a specific exemption was granted for education, research or breeding purposes;

>Text following EP vote>

Whereas Council Regulation (EEC) No 3626/82 of 3 December 1982 on the implementation in the Community of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, as last amended by Commission Regulation (EC) No 2727/95, requires evidence of the availability of adequate facilities for the accommodation and care of live specimens of a great many species before their importation into the Community is authorized; whereas that Regulation prohibits the display to the public for commercial purposes of specimens of species listed in its Annex C, Part 1 and in Appendix I to the Convention, unless a specific exemption was granted for education, research or breeding purposes; whereas zoos are confronted with illegal trade in endangered species and therefore could be an important information source for the authorities monitoring this trade;

(Amendment 4)

Recital 3

>Original text>

Whereas the proper implementation of existing and future Community legislation on the conservation of wild fauna and the need to ensure that zoos adequately fulfil their important role in public education, scientific research and conservation of species make it necessary to provide a common basis for Member States' legislation with regard to the licensing and inspection of zoos, the keeping of animals in zoos, the training and safety of staff and the education and safety of the visiting public; whereas the guidelines contained in the Annex are based upon those established by the European Association for Zoos and Aquaria,

>Text following EP vote>

Whereas the proper implementation of existing and future Community legislation on the conservation of wild fauna and the need to ensure that zoos adequately fulfil their important role in public education, scientific research and conservation of species make it necessary to provide a common basis for Member States' legislation with regard to the licensing and inspection of zoos, the keeping of animals in zoos, the training and safety of staff and the education and safety of the visiting public; whereas the code of practice contained in the Annex is based upon the guidelines established by the European Association for Zoos and Aquaria,

(Amendment 5)

Introductory line for points

>Original text>

HEREBY RECOMMENDS THAT:

>Text following EP vote>

HAS ADOPTED THIS DIRECTIVE:

(Amendment 6)

Point 1

>Original text>

1. Member States adopt provisions on the licensing and inspection of existing or new zoos within two years following the adoption of this Recommendation.

>Text following EP vote>

Article 1

Member States shall adopt provisions on the licensing and inspection of existing or new zoos within two years following the adoption of this Directive.

(Amendment 7)

Article 1a (new)

>Text following EP vote>

Article 1a

Within 12 months of this Directive coming into force, the Commission shall draw up a list of animal species which may and may not be kept in zoos.

(Amendment 8)

Point 2

>Original text>

2. Licensing should be based on the submission of detailed applications to a competent authority designated by the Member States.

>Text following EP vote>

Article 2

Licensing shall be based on the submission of detailed applications to a competent authority designated by the Member States.

(Amendment 9)

Point 3

>Original text>

3. Every licence should contain detailed conditions and be reviewed every five years. In the intervals, the competent authority should monitor compliance with the conditions of the licence and if, at any time, it has reason to believe that the conditions are not being met, it should carry out an inspection of the premises and take appropriate steps to ensure compliance.

>Text following EP vote>

Article 3

Every licence shall contain detailed conditions and be reviewed every five years. In the intervals, the competent authority shall monitor compliance with the conditions of the licence and if, at any time, it has reason to believe that the conditions are not being met, it shall carry out an inspection of the premises and take appropriate steps to ensure compliance.

(Amendment 10)

Point 4

>Original text>

4. Before granting, refusing or extending a licence, the competent authority should carry out an inspection in order to determine whether or not the legislative requirements are met.

>Text following EP vote>

Article 4

Before granting, refusing or extending a licence, the competent authority shall carry out an inspection in order to determine whether or not the legislative requirements are met.

(Amendment 11)

Point 5

>Original text>

5. Inspections should be undertaken by at least one member of the competent authority and two experts not involved in the particular establishment to be inspected, one of whom should have a broad experience in the management and professional keeping of animals in zoos and the other should be a veterinarian with experience in the treatment of wild animals. They should draw up an inspection report detailing the conditions in the zoo in relation to the legislative requirements and should make recommendations with regard to the issuing of a licence.

>Text following EP vote>

Article 5

Inspections shall be undertaken by at least one member of the competent authority and two experts not involved in the particular establishment to be inspected, one of whom shall have a broad experience in the management and professional keeping of animals in zoos and the other shall be a veterinarian with experience in the treatment of wild animals. They shall draw up an inspection report detailing the conditions in the zoo in relation to the legislative requirements and shall make recommendations with regard to the issuing of a licence.

(Amendment 12)

Point 6

>Original text>

6. If it appears from an inspection that the legislative requirements are not, not yet, or no longer met, the competent authority should close the zoo to the public. However, the competent authority should have the option of issuing a provisional licence specifying that the zoo in question shall take the necessary measures to comply with the requirements within a maximum period of 12 months from the date of issuance. Should the conditions contained in the provisional licence not be complied with within this period, the competent authority should withdraw the licence and close the zoo to the public.

>Text following EP vote>

Article 6

If it appears from an inspection that the legislative requirements are not, not yet, or no longer met, the competent authority shall close the zoo to the public. However, the competent authority shall have the option of issuing a provisional licence specifying that the zoo in question shall take the necessary measures to comply with the requirements within a maximum period of 12 months from the date of issuance. Should the conditions contained in the provisional licence not be complied with within this period, the competent authority shall withdraw the licence and close the zoo to the public.

(Amendment 13)

Point 7

>Original text>

7. In the event of a zoo being closed, the competent authority should ensure that the animals are disposed of in a proper manner, either by being transferred to a licensed zoo or by being destroyed in a humane way.

>Text following EP vote>

Article 7

In the event of a zoo being closed, the competent authority shall ensure that the animals are disposed of in a proper manner, either by being transferred to a licensed zoo or by being destroyed in a humane way.

(Amendment 29)

Point 8, introduction

>Original text>

8. The provisions referred to in point 1 should, on the basis of the Guidelines for the Accommodation and Care of Animals in Zoos, contained in the Annex, ensure that all zoos:

>Text following EP vote>

Article 8

The provisions referred to in Article 1 shall, on the basis of the Code of Practice for the Accommodation and Care of Animals in Zoos, contained in the Annex and in the standard set by the European Association for Zoos and Aquaria (EAZA), ensure that all zoos:

(Amendment 15)

Point 8.8

>Original text>

8. 8. promote the conservation of wild fauna and flora through research, captive breeding and the education of the public in this respect.

>Text following EP vote>

- promote the conservation of wild fauna and flora through research, breeding under human care and the education of the public in this respect.

(Amendment 16)

Article 9 (new)

>Text following EP vote>

Article 9

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

(Amendment 17)

Article 10 (new)

>Text following EP vote>

Article 10

This Directive is addressed to the Member States.

(Amendment 18)

Annex, Title

>Original text>

GUIDELINES FOR THE ACCOMMODATION AND CARE OF ANIMALS IN ZOOS

>Text following EP vote>

CODE OF PRACTICE FOR THE ACCOMMODATION AND CARE OF ANIMALS IN ZOOS

(Amendment 19)

Annex (1.1.)

>Original text>

1. 1. These guidelines are based on present knowledge and practice with regard to the accommodation and care of animals in zoos.

>Text following EP vote>

1. 1. This code of practice is based on present knowledge and practice with regard to the accommodation and care of animals in zoos.

(Amendment 20)

Annex (1.2.), introduction

>Original text>

1. 2. For the purposes of these guidelines the following definitions shall apply:

>Text following EP vote>

1. 2. For the purposes of this code of practice the following definitions shall apply:

(Amendment 21)

Annex (1.2.5.)

>Original text>

1. 2.5. Hazardous animals: any animal of the species listed in the appendix to these guidelines and any other animal which, because of its individual disposition, sexual cycle, maternal instincts, or for any other reason, whether by biting, scratching, butting, compression, injecting venom, or by any other methods, is likely to injure seriously or transmit disease to humans.

>Text following EP vote>

1. 2.5. Hazardous animals: any animal of the species listed in the appendix to this code of practice and any other animal which, because of its individual disposition, sexual cycle, maternal instincts, or for any other reason, whether by biting, scratching, butting, compression, injecting venom, or by any other methods, is likely to injure seriously or transmit disease to humans.

(Amendment 22)

Annex (1.2.6.)

>Original text>

1. 2.6. Dangerous carnivores: any animal of the species listed in the appendix to these guidelines marked with an asterisk.

>Text following EP vote>

1. 2.6. Dangerous carnivores: any animal of the species listed in the appendix to this code of practice marked with an asterisk.

(Amendment 23)

Annex (11.1)

>Original text>

11. 1. A sufficient number of adequately trained and competent staff is to be employed to maintain high standards of husbandry at all times.

>Text following EP vote>

11. 1. A sufficient number of adequately trained and competent keepers is to be employed to maintain high standards of husbandry at all times.

Legislative resolution embodying Parliament's opinion on the proposal for a Council recommendation relating to the keeping of wild animals in zoos (COM(95)0619 - C4-0103/96 - 95/0333(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(95)0619 - 95/0333(SYN),

- having been consulted by the Council pursuant to Article 130s(1) of the EC Treaty (C4-0103/96),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer protection and the opinion of the Committee on Legal Affairs and Citizens' Rights (A4-0010/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

3. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

4. Instructs its President to forward this opinion to the Council and Commission.