WRITTEN QUESTION E-1373/03

by James Provan (PPE-DE) to the Commission

(15 April 2003)

Subject: Movement of animals for zoological gardens

EU-Member States (and candidate Member States) require different tests when receiving animals for zoological gardens from another country. If the UK is involved the requirements even differ depending on whether the animals travel by sea or air.

Does the Commission know that there is inconsistency across European countries on health requirements regarding the movement of animals for zoological gardens?

Is the Commission aware that the inconsistency hinders the trade and is not in the interest of the welfare of the animals?

Is the Commission prepared to look into this unsatisfactory situation?

Answer given by Mr Byrne on behalf of the Commission

(6 June 2003)

The legislative framework governing the animal health requirements for the importation of animals not specifically covered in Community rules is Council Directive 92/65/EEC(1), the so called Balai Directive. This legislation sets out the conditions under which rare and exotic species that typically form the majority of animals in zoological gardens can enter the Community and outlines the conditions under which such animals can be traded between Member States.

The underlying principle of the Directive for both intra-community trade and imports from third countries is to ensure that animals can move as freely as possible, but without compromising the existing health status of either the importing premises, like zoological gardens, or the Union as a whole. It is important that such premises maintain stringent animal health requirements in order to protect their existing populations, many of which are very valuable. Broadly, this can be achieved by either verifying that the point of origin for an animal prior to receipt has an equivalent health status, or by performing diagnostic testing to ensure that animals are free from disease.

With regard to intra-community trade, Commission Regulation (EC) No 1282/2002 of 15 July 2002 amending Annexes to Council Directive 92/65/EEC(2), which entered into force on 1 March 2003, amends Directive 92/65/EEC and clarifies the procedure for the trade between approved bodies, institutes or centres for animals not already subject to specific Community rules. Such establishments are defined within Directive 92/65/EEC and zoological gardens fall under the scope of that definition. In order to be approved, they must adopt stringent animal health practices. These are set out in the Regulation, and include disease surveillance to ensure that the health status of the establishment remains consistently high. This surveillance includes the use of testing, which should be carried out with appropriate consideration for the animals within an overall disease surveillance framework, and not on an ad hoc basis.

The terms under which animals can be traded between approved bodies, institutes or centres are clearly laid out in the Regulation. The Regulation also sets out a revised model certificate for the specific purpose of trade in such animals between these approved establishments. Official veterinarians are required to complete the certificate to attest that the accompanying animal fulfils the requirements of the Directive, i.e. they originate from a place with an equivalent health status. The recognition of equivalence essentially removes the need to perform unnecessary diagnostic tests on animals prior to movement. Hence in regard to intra-community trade in such animals between approved establishments, the rules now in place will remove much of the former inconsistency.

The new Regulation also provides for a quarantine procedure for approved establishments to allow them to trade in animals originating from non-approved establishments within the Member States. This stipulates that a quarantine period of at least 30 days must be observed.

With regard to the trade in rare and exotic animals from third countries, the framework provisions for such imports are set out in Directive 92/65/EC. These are important in ensuring that the introduction of such animals does not compromise the animal health status of the Member States. Diagnostic testing is an important element to ensure that imported animals are free from disease before they enter the Union.

However, the Commission is aware that the specific animal health requirements and certification for the import of zoo animals are not currently fully harmonised. This issue is not easy to resolve given the range of species that would fall within the scope of such a Directive, and taking into account

the various testing requirements and welfare considerations for each species. However, it is important that the current ambiguity is removed and it is for this reason that the Commission is currently working on specific proposals regarding the procedures, testing requirements and certification for the importation of rare and exotic species, including zoo animals, from third countries. It is therefore the Commission's expectation that harmonised rules governing such imports will be in place in the near future.

(1) Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC, OJ L 268, 14.9.1992.

(2) OJ L 187, 16.7.2002.