Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos
Date: 1999-03-29
Institutions: Council of the European Union
Subjects: animal life, leisure park, protection of animals, trade licence, veterinary inspection, wildlife

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EN

Official Journal of the European Communities

9. 4. 1999

COUNCIL DIRECTIVE 1999/22/EC

of 29 March 1999

relating to the keeping of wild animals in zoos

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 Commission,

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 (EEC) 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 accomoda-
tion and care of live specimens of a great many species
before their importation into the Community is author-
ised; 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;

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;

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;

(1) OJ C 204, 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 (OJ C 364, 25.11.1998, p. 9), and Decision of the Euro-
pean Parliament of 10 February 1999 (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 97/49/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 action at the Community level is required in
order to have zoos throughout the Community contri-
buting 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;

Whereas a number of organisations such as the European
Association of Zoos and Aquaria have produced guide-
lines for the care and accomodation 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 strength-
ening the role of zoos in the conservation of biodiversity.

Article 2

Definition

For the purpose of this Directive, ‘zoos' means all perma-
nent establishments where animals of wild species are
kept for exhibition to the public for 7 or more days a year,
with the exception of circuses, pet shops and establish-
ments which Member States exempt from the require-
ments of this Directive on the 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.

Article 3

Requirements applicable to zoos

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

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(cid:190) 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,

(cid:190) promoting public education and awareness in relation
to the conservation of biodiversity, particularly by
providing information about the species exhibited and
their natural habitats,

the individual

(cid:190) accommodating their animals under conditions which
aim to satisfy the biological and conservation require-
inter alia, by
ments of
providing species specific enrichment of the enclos-
ures; and maintaining a high standard of animal
husbandry with a developed programme of preventive
and curative veterinary care and nutrition,

species,

(cid:190) preventing the escape of animals in order to avoid
possible ecological threats to indigenous species and
preventing intrusion of outside pests and vermin,

(cid:190) 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.

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

Each licence shall contain conditions to enforce the
3.
requirements of Article 3. Compliance with the condi-
tions shall be monitored inter alia by means of regular
inspection and appropriate steps shall be taken to ensure
such compliance.

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 condi-
tions or proposed licensing conditions are met.

(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

the Commission that

Licensing requirements set out in Article 4 shall not
apply where a Member State can demonstrate to the satis-
faction of
this
Directive as set out in Article 1 and the requirements
applicable to zoos set out in Article 3 are being met and
continously maintained by means of a system or regula-
tion and registration. Such a system should, inter alia,
contain provisions regarding inspection and closure of
zoos equivalent to those in Article 4(4) and (5).

the objective of

Article 6

Closure of zoos

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

Article 7

Competent authorities

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

Article 8

Penalties

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

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

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Article 9

Implementation

Article 10

Entry in force

1. Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply
with this directive not later than 9 April 2002. They shall
forthwith inform the Commission thereof.

When Member States adopt these measures, they shall
contain a reference to this Directive or shall be accompa-
nied 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.

2. Member States shall communicate to the Commis-
sion the main provisions of national law which they adopt
in the field covered by this Directive.

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 Brussels, 29 March 1999.

For the Council

The President

F. M(cid:154)NTEFERING