EN Official Journal of the European Union CE 65/28

(2004/C 65 E/028)

WRITTEN QUESTION E-0461/03

by Stavros Xarchakos (PPE-DE) to the Commission

(19 February 2003)

Subject: Animals for sale

It is possible to buy in certain pet shops iguanas, snakes, spiders and baby crocodiles, i.e. animals which have absolutely no connection with the term ‘pet’, whose habits, physique and needs make it prohibitive to keep them in houses or flats because they would suffer.

Is there any specific directive or other Community legal instrument which determines which animals may be sold as pets? What action will the Commission take to put an end to this blatant exploitation of animals for the sole purpose of profit?

Answer given by Mrs Wallström on behalf of the Commission

(19 March 2003)

The Commission is aware that exotic animals, in particular reptiles, are increasingly being sold in pet shops. There is no specific Community legislation determining which animals may be sold as pets. However, Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (1) contains a number of animal welfare provisions which are relevant in this context. The Regulation covers more than 30 000 different animal and plant species, which are listed in four annexes according to their threat status. Annex A includes species threatened with extinction whereas Annex Β species are not necessarily now threatened with extinction but may become so unless trade is strictly regulated.

Provided the species are included in the annexes, the following Regulations apply: Article 4 of the Regulation provides that an import permit for a live specimen may only be issued if the intended accommodation at the place of destination is adequately equipped to conserve and care for it properly. It is up to the competent authorities in the Member States to ensure that this provision is respected;

With some exceptions the Regulation prohibits all commercial activities regarding specimens of species listed in Annex A and provides that Member States may prohibit the holding of specimens, in particular live animals. This also applies to specimens of species listed in Annex Β for which it cannot be proved that they were acquired in or introduced into the Community in accordance with the legislation in force for the conservation of wild fauna and flora;

The Regulation also regulates the movement of live specimens within the Community. With regard to Annex Β species, the holder of the specimens may only relinquish a specimen after ensuring that the intended recipient is adequately informed of the accommodation, equipment and practices required to ensure the specimen will be properly cared for. This provision applies to wildlife traders and pet shop owners who should not sell live animals and plants without giving the buyer the necessary information regarding proper care. In order to make commercial stakeholders aware of their obligations the Commission is financing an information campaign in the Member States which is due to start later on in 2003;

Finally, the Regulation gives the Commission the possibility to establish restrictions on the introduction into the Community of live specimens of Annex Β species for which it has been established that they are unlikely to survive in captivity for a considerable proportion of their potential life span. At the moment import restrictions on these grounds exist for about 15 species. In the context of recent discussions about the private husbandry of reptiles, the Union's Scientific Review Group — a body consisting of representatives of Scientific Authorities in the Member States — has agreed to review those species already listed and other ones that might be eligible for listing, possibly in the course of 2004.

(1) OJ L 61, 3.3.1997.