CELEX: 51991PC0177
Language: en
Date: 1991-08-30
Title: PROPOSAL FOR A COUNCIL DIRECTIVE LAYING DOWN MINIMUM STANDARDS FOR THE KEEPING OF ANIMALS IN ZOOS

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              COMMISSION OF THE EUROPEAN COMMUNITIES
      *^,-                                     C0M(91)  177 final
                                               Brussels, 30 August 1991
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                                  Proposal for a
                                COUNCIL DIRECTIVE
                      laying down minimum standards for the
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                            keeping of animals in zoos
                          (presented by the Commission)
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 ---pagebreak---                                    - 2 -
                           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.
 ---pagebreak---                                       - 3 -
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.
 ---pagebreak---                                      - 4 -
     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.
 ---pagebreak---                                     - 5 -
 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.
 ---pagebreak---                                       - 6 -
                                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
                                                (2)
amended   by  Regulation    (EEC) No     l97/90     ,  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.
 ---pagebreak---                                       - 7 -
 Whereas   Council   Directive   79/409/EEC    of    2  April   1979   on  the
                              3
 conservation of wild birds* ), 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
           5
 habitats* ) 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) 0J 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.
 ---pagebreak---                                      - 8 -
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.
 ---pagebreak---                                    -9 -
     (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;
 ---pagebreak---                                      - 10 -
    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.
 ---pagebreak---                                     - 11 -
                                 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;
 ---pagebreak---                                      - 12 -
         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
 ---pagebreak---                                      - 13 -
                        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.
3
  III. What direct obligations does this measure impose on businesses?
i      By virtue of Articles 2 and 3,       3, zoos will have to meet minimum
!      standards
       standards for the health, safety and
                   for  the health,  safety  and well-being of animals, as well
!       as the safety of the staff and public.
  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.
 ---pagebreak---                                  - 14 -
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).
 ---pagebreak---                                                 - 15 -
                                                                     ISSN 0254-1475
                                                              COM(91) 177 final
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                                                             ISBN 92-77-75163-0
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