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COMMISSION OF THE EUROPEAN COMMUNITIES 
*^,- C0M(91) 177 final 
Brussels, 30 August 1991 
*-ç8 s', * 
Proposal for a 
COUNCIL DIRECTIVE 
M^ laying down minimum standards for the 
keeping of animals in zoos 
m&$* 
s*--r (presented by the Commission) 
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EXPLANATORY MEMORANDUM 
Introduction 
It is estimated that there are over a thousand zoos in the European 
Community today, exhibiting to the public a wide variety of exotic animals 
(Annex I). Collections vary considerably, not only between Member States, 
but also from one 200 to another: some are public, some private; some are 
professionally run with adequate resources, others lack staff and 
experience; a few specialise in particular species, most have a broad 
selection of animals, whilst a significant number keep only a handful of 
exotic specimens, usually for the amusement or distraction of the passing 
visitor (so called menageries). 
As a result, the management of some zoos and, more particularly, the 
conditions for keeping animals and safeguarding the public has come under 
heavy criticism in recent years, not only from the general public, animal 
welfare organizations and the European Parliament, but also from the zoo 
profession itself. 
Few would disagree that there is anything to compare with the experience 
of seeing a live wild animal at first hand, in spite of the many excellent 
wildlife documentary films now available. However, the proliferation of 
the latter has also raised the expectations of the visiting public. Many 
zoos now realise that showing an animal in a featureless concrete cage or 
"prison" is as meaningless to the public as it is bad for the animal. 
The last 20 years has seen a steady accumulation of information and 
experience on the basic requirements of wild animals kept in captivity. 
As a consequence, there is now sufficient knowledge available for all 
European zoos to be able to provide at least a minimum degree of necessary 
care and accomodation in order to ensure that their animals have the 
correct nutrition, veterinary attention and social conditions in which to 
express their most fundamental behavioural and physiological needs. 
National legislation 
Legislation on the keeping of animals in zoos varies significantly from 
one Member State to the next (Annex II). Countries with specific 
legislation on zoos, such as Denmark, France, United Kingdom and Belgium, 
require that they be registered with a competent authority in order to 
operate and are therefore subject to a series of conditions spanning the 
whole of zoo management, including animal welfare and public safety 
aspects. Many Member States also impose further restrictions on the 
granting of state subsidies to zoos in view of their essentially 
commercial nature. 
Zoos in all countries are subject to basic animal welfare laws, veterinary 
health restrictions on imports and, in cases where threatened species are 
involved, the regulation of their trade and aquisition. 
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This variation in national laws has many potentially negative 
consequences. Not only are wild animals kept in captivity subject to very 
different conditions but international efforts for conserving threatened 
species may also be jeopardised as a result. 
The role of zoos 
The role of zoos to society is generally accepted to be threefold: 
a) Conservation: 
As the number of species becoming threatened or endangered by habitat 
destruction, encroaching human populations, trade and pollution, 
increases, so international efforts to save them become ever more 
crucial. Keeping specimens of these species in zoos can make an 
important contribution to the efforts to conserve them in the wild. 
However, as small isolated groups of animals run the risk of 
inbreeding, successful breeding requires close international 
cooperation. A significant number of International Studbooks and 
breeding programmes have already been established to this end. 
These species specific initiatives are further supported by the 
International Species Inventory System (ISIS) which stores on computer 
detailed information on individual animals throughout the world. 
Although the system was initially set up in the US, many European zoos 
have now joined it. 
The main overseeing organization for breeding in captivity is the 
lUCN's Captive Breeding Specialist Group (CBSG) which together with 
the Species Survival Commission (SSC) and the International Union of 
Directors of Zoological Gradens (IUDZG) is in the process of devising 
a global strategy for species survival based on pooling resources from 
species both in the wild and in captivity ~ "the Heritage Species 
Plan". One of the next major challenges to zoos will be the 
successful reintroduction of captive animals into the wild, a few 
success stories already exist, e.g. Pere David's Deer, the Arabian 
Oryx, but much more work is still necessary. 
b) Education: 
very often the general public is unaware or ignorant of the existance 
of fellow species, their ecological role in nature and their sometimes 
precarious plight. A zoo can offer a readily accessible environment 
in which to learn about and become aware of other animals. But, it is 
up to each zoo to stimulate and encourage such an understanding. One 
important aspect of this, as studies have shown, is the cage design: a 
barren concrete cage exhibiting listless and sometimes psychotic 
animals is not only meaningless to the visitor but also distressing. 
If, on the other hand, the environment was supplied with some cost 
effective "furniture" - branches, ropes, hay, earthmounds - the animal 
could be stimulated into expressing at least a part of its behavioural 
repetoire which, in turn, would be more likely to draw the visitor's 
attention. 
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If zoos are to play an active role in education, clear and accurate 
information about the animals is also essential. Such information 
commonly identifies the species and describes some of its biological 
characteristics, but it has also been supplemented in many cases by 
guidebooks, videos, telephone stalls and even volunteer guides. Some 
zoos go further still and set up programmes for educating school 
children as part of their biology course. 
In doing so, these collections recognise the principle set out by the 
United Nations Conference on Human Environment (1961) which stated 
that 
"Education in environmental matters for the younger generations 
as well as the adults ... is essential in order to broaden the 
basis of enlightened opinion and responsible conduct by 
individuals, enterprises and communities in protecting and 
improving the environment in its full human dimensions". 
The fact that zoos attract some 350 million people throughout the 
world every year is further testimony to their potential impact on 
public awareness. 
<c) Research: 
Animals in captivity are by their nature far easier to observe and 
study than their counterparts in the wild. This gives rise to the 
possibility of detailed research into the biology and ecology of 
individual species which can in turn make an important contribution to 
their management both in the wild and in captivity. Such research is, 
however, only just beginning. 
Activities in the European Community 
The 1989 Work Programme for the Commission states that: "The Commission 
will propose in the course of the year, standards for the protection of 
animals in zoos". 
Several aspects of Community legislation are directly implicated in the 
control of zoological collections: Council Directive 79/409/EEC on the 
conservation of wild birds, Council Decision 82/461/EEC on the conclusion 
of the Convention on the conservation of migratory species and Council 
Decision 82/72/EEC on the conclusion of the Convention on the conservation 
of European wildlife and natural habitats all have provisions prohibiting 
or regulating the deliberate capture and trade in live specimens of the 
species listed in their annexes. Exceptions are only allowed for certain 
reasons, such as the protection of fauna and flora or for research and 
education, repopulation, reintroduction and necessary breeding. 
Council Regulation 3626/82 on the implementation in the Community of the 
Convention on international trade in endangered species of wild fauna and 
flora is particularly important to the management of zoos. CITES 
regulates the international trade in specimens of species of wild fauna 
and flora on the basis of a system of permits and certificates which are 
only issued when certain conditions are met. 
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The issuing of permits for import into the European Community of live 
specimens of the species listed in Appendix I of the Convention and Annex 
CI and II of Regulation 3626/82 is, for example, subject to proof "that 
the intended recipient (e.g. a zoo) possesses adequate facilities suitable 
for accomodating the species and suited to its behaviour and that the 
animal will be properly cared for". 
Article 6 of the Regulation, furthermore, prohibits the display to the 
public for commercial purposes of species listed in Appendix I of the 
Convention and Annex C1 of the Regulation whose importation is in any case 
only allowed in exceptional circumstances. Derogations may be made to 
this article only if the specimens are pre-convention, bred in captivity 
(that is at least second generation offspring), intended for research, or 
breeding purposes, not for primarily commercial purposes and have been 
removed from their country of origin in accordance with the laws of that 
country. 
Not all zoos in the Community will have collections containing CITES 
listed species, but it is generally accepted that a large number of them 
do. Such species as primates, felids or elephants are after all some of 
their main attractions. In some instances, particularly among the zoos 
cooperating internationally in breeding programmes, the animals are 
derived from already existing captive stocks and so do not necessarily 
lead to further depletion from the wild. However, the threat of 
inbreeding still demands that a significant number of animals be captured 
to suppliaient the captive populations. 
The Scientific Working Group and the Committee set up under Regulation 
3626/82 agreed that there was a need for a common approach with regard to 
the exceptions granted from Article 6.1 of the Regulation (for captive 
breeding, education and research) and with regard to the standards to be 
met by zoos and aquaria for their care and accomodation. 
Work therefore began in 1986 on detailed provisions for importing and 
keeping dolphins in the European Community and will be repeated for 
primates, felids, reptiles in the coning years. This work, although 
essential for the smooth and uniform implementation of the Regulation is, 
by its nature» done on an ad hoc basis and will take several years in 
order to establish the "state of art" of a limited number of priority 
species. 
This point was reflected in a major review of the Community application of 
the Regulation 3626/82 carried out by the Wildlife Trade Monitoring Unit 
(1988). It concluded that: 
"criteria should be developed on what constitutes adequate housing for 
the purposes of Article I0.1.b) as well as other purposes. This 
should be done in the form of a Community measure concerning the 
keeping in captivity of live animals". 
This proposal: 
The aim of this Directive is therefore to ensure that all European zoos 
meet minimum harmonised standards for the keeping of Mild animals and for 
public safety, in order to facilitate the application of EEC legislation 
on nature conservation. 
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Proposal for a 
COUNCIL, DIRECTIVE 
laying down minimum standards for the 
keeping of animals in zoos 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
Community, and in particular Article 130s thereof, 
Having regard to the opinion of the European Parliament, 
Having regard to the opinion of the Economic and Social Committee, 
Whereas the 4th Action Programme on the Environment (1987-1992) lays 
down guidelines for action in the field of nature conservation and 
animal welfare and underlines the necessity of promoting a real policy 
of information and education in environmental matters; 
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 florae), as last 
amended by Regulation (EEC) No l97/90(2), requires evidence of 
adequate facilities for the accommodation and care of live specimens of 
species listed in Annex 2 before allowing their importation into the 
Community; and whereas it furthermore prohibits the display to the 
public for commercial purposes of species listed in Annex 1 unless a 
specific exemption has been Justified for education, research or 
breeding; 
(1) OJ No L 384, 31.12.1982, p. 1. 
(2) OJ No L 29, 31.1.1990, p. 1. 
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Whereas Council Directive 79/409/EEC of 2 April 1979 on the 
conservation of wild birds*3), as last amended by Commission Directive 
91/244/EEC*4) of 3 December 1991, concerning the conclusion of the 
Convention on the conservation of European wildlife and natural 
habitats*5) and Council Decision 82/461/EEC of 24 June 1982 on the 
conclusion of the Convention on the conservation of migratory species 
of wild animals*6) have provisions prohibiting or regulating the 
deliberate capture and trade in live specimens of the species listed in 
their Annexes and allow exemptions for certain reasons, such as 
research and education, repopulation, re introduction and necessary 
breeding; 
Whereas zoos can play an important role in species conservation, 
scientific research and public education; 
Whereas it is therefore necessary to lay down uniform minimum standards 
for the keeping of animals, the safety and training of staff and the 
safety and education of the visiting public; 
Whereas in order to ensure that these standards are met, all zoos 
should have a licence in order to operate; whereas such a licence 
should only be issued once an inspection of the premises has determined 
that the zoo In question meets all these standards or would be able to 
do so within a short period; 
Whereas the competent author It les should monitor the compllance of 
licenced zoos with the conditions of this Directive, and take 
appropriate action where necessary; 
(3) 0 J Wo I 103. 25.4.107». p. 1. 
(4) OJ WO L 115. 8.5.1901. p. 41. 
(5) OJ WO I 38. 10.2.1982. p. 1. 
(6) OJ Wo L 210. 10.7.1982. p. 10. 
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Whereas a Committee should be set up to deal with the questions arising 
from the implementation of this Directive and to update the annexes 
according to the latest scientific and technical information; 
Whereas Member States should encourage zoos to promote the conservation 
of threatened species and the education of the public in this respect; 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
1. This Directive relates to the management of zoos. It covers the 
keeping of animals, the safety and training of staff, the safety 
and education of the visiting public and lays down rules for their 
i nspec t i on and Ii cenc i ng. 
2. For the purposes of this Directive the following definitions shall 
appI y : 
(a) Zoos: all establishments, except circuses and pet shops, where 
live animals are dept for exhibition and to which members of 
the public have access on seven or more days of the year, such 
as zoological collections, animal parks, safari parks, bird 
gardens, dolphinaria, aquaria and specialist collections such 
as butterfly collections. 
(b) New zoos : all zoos built more than 2 years after the 
implementation of this directive. 
(c) Circus: a place where animals are kept or introduced wholly 
for the purpose of performing tricks or manoeivres at that 
place. 
(d) Animals: specimens of all species of the animal kingdom. 
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(e) Authority; the authority or authorities designated by each 
Member State as being responsible for issuing the licences and 
for ensuring the compliance of zoos with the provisions of this 
Directive. 
(f) Expert: a person appointed by Member States with a broad 
experience (minimum 5 years) in the management and professional 
keeping of wild animals In zoos. 
Article Z 
Member States shall take the necessary measures to ensure that all 
ZOOS: 
maintain their animals under conditions which are suited to the 
behaviural, social and biological requirements of the individual 
species; 
maintain a high standard of animal husbandry with a developed 
programme of preventive and curative veterinary care, nutrition and 
scientifically based breeding; 
maintain their animals under conditions which ensure their safety 
and the health and safety of the staff and the visiting public; 
keep records of the number, species and sex of the animals, the 
numbers and conditions of births, acquisitions, and the number of 
deaths and causée of death. 
Artlclt 3 
Member States shall take the requisite measures to ensurs that all 
ZOOS: 
display accurate information about the species exhibited Including 
its name (both scientific and common); some of its biological 
characteristics and its conservation status; 
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ensure that there is sufficient staff responsible for the care of 
the animals and that they are trained so as to execute their 
responsibilities properly, 
provide access for inspectors designated by the competent 
authorities of the Member States to the animals, premises, 
equipment and records of the establishment at all times. 
Article 4 
Every zoo shall have a licence within 2 years after the implementation 
of this Directive in order to operate. 
Article 5 
1. Each zoo shall submit a detailed application to the competent 
authority of the Member States outlining its provisions with 
respect to the standards laid down in this Directive. 
2. Before granting or refusing a licence, the competent authority of 
the Member State shall carry out an inspection of each zoo, in 
accordance with Article 6, in order to determine whether or not the 
standards of this Directive have been met. 
3. If it appears from the inspection that the standards of the 
Directive are not yet met but could be met within 12 months, the 
competent authority may deliver a conditional licence specifying 
that the zoo shall take the necessary measures to comply with the 
Directive within 12 months from che date of issuance. 
4. Should the conditions laid down in the licence not be complied with 
within the 12 months, the competent authority shall withdraw the 
licence and close the zoo to the public. 
5. Each licence shall be reviewed by the competent authority every 6 
years. 
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Article S 
The inspection shall be undertaken by at least one member of the 
competent authority and two experts who are not involved in the zoo in 
question. They shall draw up an inspector's report detailing the 
conditions bn the zoo with respect to the provisions of Articles 2 and 
3. 
Article 7 
Following licencing, the competent authorities of the Member States 
shall mionitor compliance with the provisions of this Directive. If, 
at any time, the competent authorities have reason to believe that they 
are not being met, they shall carry out an inspection of the premises 
and take the appropriate steps to ensure compliance. If necessary they 
shall withdraw the licence and close the zoo to the public. 
Article 8 
Each new zoo shall be licenced in accorddance with Article 5(1) and 
(2). 
Article, t 
Member States shall encourage zoos to promote the conservation of 
threatened species and the education of the public in this respect. 
Article 10 
1. Member States shall submit to the Commission annually and for the 
first time at the latest 4 years after the implementation of this 
Directive, a report on: 
the zoos for which licences have been given or refused; 
the conditions, if any, imposed on the licences and action 
undertaken by those zoos to meet these conditions; 
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the date of inspection prior to licensing and names of 
inspectors assisting in the inspection; 
any subsequent inspection undertaken, the reasons for such 
inspection and the decisions taken. 
2. The Commission shall prepare a composite report based on the 
information provided in paragraph 1. 
Article 11 
Member States may lay down more stringent provisions than those 
provided for in this Directive for the keeping of animals in zoos. 
Article 12 
1. Member States shall bring into force the laws, regulations and 
administrative provisions necessary to comply with this Directive 
within two years of its notification. They shall immediately 
inform the Commission thereof. 
When Member States adopt these provisions, these shall contain a 
reference to this Directive or shall be accompanied by such 
reference at the time of their official publication. The procedure 
for such reference shall be adopted by Member States. 
2. Member States shall communicate to the Commission the texts of the 
provisions of national law which they adopt in the field covered by 
thie Directive. 
Article 1? 
This Directive is addressed to the Member States. 
Done at Brussels, For the Council 
The Président 
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COMPETITIVENESS AND EMPLOYMENT 
IMPACT STATEMENT 
I. What is the main reason for introducing the measure? 
The present proposal aims to harmonize minimum standards for the 
keeping of wild animals in captivity in order to facilitate the full 
application of EEC legislation on nature conservation and, in 
particular Council Regulation 3626/82 on the implementation in the 
Community of the Convention on International Trade in endangered 
species of wild fauna and flora. 
II. Features of the business in question. In particular: 
(a) Are there many SMEs? 
No. 
(b) Are they concentrated in regions which are: 
(i) eligible for regional aid in the Member States 
(ii) eligible under the ERDF? 
I Ves. 
III. What direct obligations does this measure impose on businesses? 
By virtue of Articles 2 and 3, 
standards for the health, safety and 
! as the safety of the staff and public. i By virtue of Articles 2 and 3, zoos will have to meet minimum 
! standards for the health, safety and well-being of animals, as well 
IU. What indirect obligations are local authorities likely to impose on 
businesses? 
By virtue of Articles 4 and 5, all zoos will require a licence in 
order to operate following an inspection of the premises by 1 member 
of the competent authority and two independent experts» 
u. Are there any special measures in respect of SMEs? Please specify 
No. 
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UI. What is the likely effect on: 
(a) the competitiveness of businesses? 
Uniform minimum standards will be applied to all businesses. 
(b) employment? 
Zoos that are able and willing to meet the standards may 
require extra personnel to operate effectively. 
Zoos that are unable or unwilling to meet the standards of this 
proposal will have to close. 
VII. Have both sides of industry been consulted? 
Yes, the proposal and its technical annexes have been elaborated in 
close cooperation with the European Communities Association of Zoos 
and Aquaria (ECAZA). 
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ISSN 0254-1475 
COM(91) 177 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-91-366-EN-C 
ISBN 92-77-75163-0 
Office for Official Publications of the European Communities 
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