COMMON POSITION (EC) No 59/98 adopted by the Council on 20 July 1998 with a view to adopting Council Directive 98/.../EC relating to the keeping of wild animals in zoos
Date: 1998-07-20
Institutions: Council of the European Union
Subjects: application of EU law, protected area, protection of animal life, wildlife

25.11.98

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Official  Journal  of  the  European  Communities

C 364/9

COMMON  POSITION  (EC)  No  59/98

adopted  by  the  Council  on  20  July  1998

with a view to adopting Council Directive 98/. . ./EC relating to the keeping of wild animals in
zoos

(98/C 364/02)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  130s(1)  thereof,

Having  regard  to  the  proposal  from  the  Commisson,

Having regard to the opinion of the Economic and Social
Committee (1),

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189c  of  the  Treaty (2),

Whereas  Council  Regulation 
(EC)  No  338/97  of
9  December  1996  on  the  protection  of  species  of  wild
fauna  and  flora  by  regulating  trade  therein (3)  requires
evidence  of  the  availability  of  adequate  facilities  for  the
accommodation  and  care  of  live  specimens  of  a  great
many 
the
their 
Community 
is  authorised;  whereas  that  Regulation
prohibits  the  display  to  the  public  for  commercial
purposes  of  specimens  of  species  listed  in  Annex  A
thereof  unless  a  specific  exemption  was  granted  for
education,  research  or  breeding  purposes;

species  before 

importation 

into 

Whereas  Council  Directive  79/409/EEC  of  2  April  1979
on  the  conservation  of  wild  birds (4),  and  Council
Directive  92/43/EEC  of  21  May  1992  on 
the
conservation  of  natural  habitats  and  of  wild  fauna  and
flora (5),  prohibit  the  capture  and  keeping  of  and  trade
in  a  great  number  of  species,  whilst  providing  for
exemptions  for  specific  reasons,  such  as  research  and
education,  repopulation,  reintroduction  and  breeding;

(1) OJ  C  205,  15.7.1996,  p.  63.
(2) Opinion of the European Parliament of 29 January 1998 (OJ
C  56,  23.2.1998,  p.  34),  Council  Common  Position  of
20 July 1998 and Decision of the European Parliament of . . .
(not  yet  published  in  the  Official  Journal).

(3) OJ  L  61,  3.3.1997,  p.  1.  Regulation  as  last  amended  by
Commission  Regulation  (EC)  No  2307/97  (OJ  L  325,
27.11.1997,  p.  1).

(4) OJ  L  103,  25.4.1979,  p.  1.  Directive  as  last  amended  by

Directive  97/62/EC  (OJ  L  223,  13.8.1997,  p.  9).

(5) OJ  L  206,  22.7.1992,  p.  7.  Directive  as  last  amended  by
Commission  Directive  97/62/EC  (OJ  L  305,  8.11.1997,
p.  42).

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 the conservation of species, public
education,  and/or  scientific  research  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  of  staff  and  the
education  of  the  visiting  public;

to  have  zoos 

Whereas  action  at  the  Community  level  is  required  in
the  Community
order 
contributing  to  the  conservation  of  biodiversity 
in
accordance  with  the  Community’s  obligation  to  adopt
measures  for  ex  situ  conservation  under  Article  9  of  the
Convention  on  Biological  Diversity;

throughout 

Whereas a number of organisations such as the European
Association  of  Zoos  and  Aquaria  have  produced
guidelines for the care and accommodation of animals in
zoos  which  could,  where  appropriate,  assist  in  the
development  and  adoption  of  national  standards,

HAS  ADOPTED  THIS  DIRECTIVE:

Article  1

Aim

The  objectives  of  this  Directive  are  to  protect  wild  fauna
and  to  conserve  biodiversity  by  providing  for  the
adoption of measures by Member States for the licensing
and  inspection  of  zoos  in  the  Community,  thereby
strengthening  the  role  of  zoos  in  the  conservation  of
biodiversity.

Article  2

Definition

For  the  purpose  of  this  Directive,  ‘zoos’  means  all
permanent  establishments  where  live  animals  of  wild
species  are  kept  for  exhibition  to  the  public  for  seven  or
more  days  a  year,  with  the  exception  of  circuses,
petshops  and  establishments  which  Member  States
exempt  from  the  requirements  of  this  Directive  on  the

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grounds  that  they  do  not  exhibit  a  significant  number  of
animals  or  species  to  the  public  and  that  the  exemption
will  not  jeopardise  the  objectives  of  this  Directive.

conditions  shall  be  monitored  inter  alia  by  means  of
regular inspection and appropriate steps shall be taken to
ensure  such  compliance.

Article  3

Requirements  applicable  to  zoos

Member States shall take measures under Articles 4, 5, 6
and  7  to  ensure  that  all  zoos  implement  the  following
conservation  measures:

— participating  in  research  from  which  conservation
benefits  accrue  to  the  species,  and/or  training  in
relevant  conservation  skills,  and/or  the  exchange  of
information  relating  to  species  conservation  and/or,
where  appropriate,  captive  breeding,  repopulation  or
reintroduction  of  species  into  the  wild,

— promoting public education and awareness in relation
to  the  conservation  of  biodiversity,  particularly  by
providing information about the species exhibited and
their  natural  habitats,

to  satisfy 

— accommodating  their  animals  under  conditions  which
aim 
the  biological  and  conservation
requirements  of  the  individual  species,  inter  alia,
by  providing  species  specific  enrichment  of  the
enclosures; and maintaining a high standard of animal
husbandry with a developed programme of preventive
and  curative  veterinary  care  and  nutrition,

— preventing  the  escape  of  animals  in  order  to  avoid
possible  ecological  threats  to  indigenous  species  and
preventing  intrusion  of  outside  pests  and  vermin,

— keeping  of  up-to-date  records  of  the  zoo’s  collection

appropriate  to  the  species  recorded.

Article  4

Licensing  and  Inspection

1. Member  States  shall  adopt  measures  for  licensing
and  inspection  of  existing  and  new  zoos  in  order  to
ensure  that  the  requirements  of  Article  3  are  met.

4.
Before  granting,  refusing,  extending  the  period  of,
or  significantly  amending  a  licence,  an  inspection  by
Member States’ competent authorities shall be carried out
in  order  to  determine  whether  or  not  the  licensing
conditions  or  proposed  licensing  conditions  are  met.

5.
If  the  zoo  is  not  licensed  in  accordance  with  this
Directive or the licensing conditions are not met, the zoo
or  part  thereof:

(a)

shall  be  closed  to  the  public  by  the  competent
authority;  and/or

(b) shall  comply  with  appropriate  requirements  imposed
by  the  competent  authority  to  ensure  that  the
licensing  conditions  are  met.

Should  these  requirements  not  be  complied  with  within
an appropriate period to be determined by the competent
authorities  but  not  exceeding  two  years,  the  competent
authority  shall  withdraw  or  modify  the  licence  and  close
the  zoo  or  part  thereof.

Article  5

Licensing  requirements  set  out  in  Article  4  shall  not
apply  where  a  Member  State  can  demonstrate  to  the
satisfaction  of  the  Commission  that  the  objective  of  this
Directive  as  set  out  in  Article  1  and  the  requirements
applicable  to  zoos  set  out  in  Article  3  are  being  met  and
continuously  maintained  by  means  of  a  system  of
regulation  and  registration.  Such  a  system  should,  inter
alia,  contain  provisions  regarding  inspection  and  closure
of  zoos  equivalent  to  those  in  Article  4(4)  and  4(5).

Article  6

Closure  of  zoos

In  the  event  of  a  zoo  or  part  thereof  being  closed,  the
competent  authority  shall  ensure  that  the  animals
concerned  are  treated  or  disposed  of  under  conditions
the  Member  State  deems  appropriate  and
which 
consistent  with  the  purposes  and  provisions  of  this
Directive.

2.
Every  zoo  shall  have  a  licence  within  four  years
after  the  entry  into  force  of  this  Directive  or,  in  the  case
of  new  zoos,  before  they  are  open  to  the  public.

Article  7

Competent  authorities

3.
Each  licence  shall  contain  conditions  to  enforce
the  requirements  of  Article  3.  Compliance  with  the

Member  States  shall  designate  competent  authorities  for
the  purposes  of  this  Directive.

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Article  8

Penalties

the
shall 
2. Member 
Commission  the  main  provisions  of  national  law  which
they  adopt  in  the  field  covered  by  this  Directive.

communicate 

States 

to 

Member  States  shall  determine  the  penalties  applicable
to  breaches  of  the  national  provisions  adopted  pursuant
to  this  Directive.  The  penalties  shall  be  effective,
proportionate  and  dissuasive.

Article  10

Entry  into  force

Article  9

Implementation

1. Member  States  shall  bring  into  force  the  laws,
regulations  and  administrative  provisions  necessary  to
comply  with  this  Directive  not  later  than  . . . (1).  They
shall  forthwith  inform  the  Commission  thereof.

When  Member  States  adopt  these  measures,  they  shall
contain  a  reference  to  this  Directive  or  shall  be
accompanied  by  such  reference  on  the  occasion  of  their
official  publication.  The  methods  of  making  such  a
reference  shall  be  laid  down  by  the  Member  States.

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

Article  11

This  Directive  is  addressed  to  the  Member  States.

Done  at  . . .

For  the  Council

The  President

(1) Three  years  after  the  date  of  publication  in  the  Official

Journal.

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STATEMENT  OF  THE  COUNCIL’S  REASONS

I.

INTRODUCTION

1. On  13  December  1995,  the  Commission  submitted  a  proposal  for  a  Recommendation

based  on  Article  130s(1)  relating  to  the  keeping  of  wild  animals  in  zoos.

2. The  European  Parliament  delivered  its  opinion  on  29  January  1998 (1)  at  first  reading,
proposing  22  Amendments.  Having  rejected  all  of  these  Amendments,  the  Commission
did  not  submit  an  amended  proposal.

The  Economic  and  Social  Committee  delivered  its  opinion  on  24  April  1996 (2).

3. On  20  July  1998,  the  Council  adopted  its  common  position  in  accordance  with

Article  189c  of  the  Treaty.

II. OBJECTIVE

4. The  purpose  of  the  proposal  for  a  recommendation  was  to  define  general  principles
governing the licensing, inspection and closure of zoos as well as the keeping of animals,
training and safety of staff and education and safety of the public. The incorporation of
these principles into national legislation was to help to improve the conditions in which
animals  are  kept  and  enable  zoos  to  play  their  proper  role  in  educating  the  public,
scientific  research  and  the  conservation  of  species.

These  principles  were  backed  up  by  very  detailed  annexes  incorporating  the  guidelines
developed  by  the  European  Association  of  Zoos  and  Aquaria  (EAZA).

III. ANALYSIS  OF  THE  COMMON  POSITION

General  observations

5. While  adopting  the  essence  of  the  foregoing  objective,  the  Council  felt  that:

— emphasis  should  be  placed  on  the  protection  of  wild  fauna  and  the  preservation  of

biodiversity  and  the  role  of  zoos  in  this  respect;

— to  achieve  this  objective,  a  binding  instrument  should  be  adopted,  and  in  the  case
in  point  —  as  initially  proposed  by  the  Commission  in  1991  and  requested  by  the
European  Parliament  —  a  directive  given  that  it  would  be  impossible  to  adopt
detailed  provisions  covering  the  whole  range  of  establishments  likely  to  be  covered
by  this  instrument.

6. On  the  basis  of  the  above  guidelines,  the  Council  was  able  to 

incorporate

Amendments  1,  5,  6,  8,  9,  10,  11,  12,  13,  16  and  17.

Specific  comments

(References  to  articles  or  recitals  relate  to  the  common  position)

(1) OJ  C  56,  23.2.1998,  p.  34.
(2) OJ  C  204,  15.7.1996,  p.  63.

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7. Amendments  not  included  in  the  common  position

— While noting in the final recital that guidelines drawn up by several organisations for
the  accommodation  and  care  of  animals  could  assist  the  development  and  adoption
of national standards, the Council thought it inadvisable to attach EAZA guidelines
on the ground that it did not seem possible to agree on such detailed annexes which
would  have  to  be  applied  uniformly  to  all  the  establishments  covered  by  the
Directive,  while  taking  account  of  their  diversity  in  terms  of  size  and  activity.

Consequently,  the  Council  did  not  incorporate  Amendments  4,  18,  19,  20,  21,  22,
23  and  29  relating  to  those  guidelines;

— In  the  light  of  all  of  the  information  relating  to  animal  husbandry  and  care  already
referred to in the third indent of Article 3, the Council did not consider it necessary
to  incorporate  amendment  15;

— In compliance with the provisions in force (notably Regulation (EC) No 338/97) and
in view of the definition given in Article 2, the Council saw no need to limit in other
respects  the  species  whose  specimens  could  be  kept  in  zoos  and  therefore  did  not
adopt  amendment  7;

— Owing in particular to the records provided for in the fifth indent of Article 3, zoos
can  be  a  source  of  information  for  trade  in  wild  animals.  As  this  information  is
by  no  means  limited  to  illegal  trade,  it  was  considered  inadvisable  to  adopt
amendment  28.

8. Amendments  made  to  the  Commission  proposal

In  addition  to  the  modifications  resulting  from  the  amendments  referred  to  in  point  6
above,  and  the  drafting  of  Article  1  in  line  with  point  5  above,  the  main  amendments
made  by  the  Council  to  the  Commission  proposal  are  as  follows:

— Article  2  clarifies  the  concept  of  permanent  establishments  referred  to  in  the  note
in  point  1  of  the  proposal  for  a  Recommendation  and  limits  the  exceptions  to
establishments  whose  nature  and  size  exempt 
the  Directive’s
obligations;

them 

from 

— Article  3  essentially  incorporates  the  elements  in  point  8  of  the  proposal  redirecting
them  towards  the  objective  of  conservation  of  diversity  and  supplementing  them
(fourth  indent)  as  regards  ecological  threats  to  or  posed  by  indigenous  species;

— Article  4  essentially  includes  points  1  to  6  of  the  proposal  stating  that  zoos  should
be  licensed  within  four  years  of  the  Directive’s  entry  into  force  or  prior  to  opening
to  the  public,  and  not  merely  that  Member  States  should  adopt  provisions  to  that
effect; Article 5 acknowledges that systems equivalent to the granting of licences may
be  applied  where  they  can  ensure  that  the  essential  provisions  (as  regards
conservation,  inspection  and  closure)  are  implemented;

— the  binding  nature  of  the  Directive  is  reinforced  by  Article  8  under  which  Member
States  must  determine  the  penalties  applicable  to  breaches  of  the  provisions
transposing  the  Directive;

— Article  9  gives  Member  States  three  years  in  which  to  transpose  the  Directive.