The big cat in the room: The problems with European rules on exotic pets The big cat in the room: The problems with European rules on exotic pets Ask European citizens if they think a lion is allowed as a pet in their country, and we bet a majority will say no. Sadly, many of them would be terribly wrong. In fact, many of the more than 200 million pets in Europe belong to exotic, non-domesticated species. search was conducted to generate lists of mammal species INTRODUCTION allowed or not allowed per Member State. Additionally, The keeping of exotic animals as pets is a booming and 19 professionals were contacted in May 2018 by means largely uncontrolled trend which benefits from unclear, of an e-mail questionnaire to review the findings. Of those incomplete or inexistent regulation in most EU Member contacted, 10 replied to the questionnaire. States. This overview of the national laws regulating the keeping of exotic mammals in the European Union reveals Important to note is that Spain has not been included in that, of the 5.488 known mammal species on earth, the this research, due to the fact that each of the 17 Autono- vast majority can be kept as pets in multiple EU Member mous Regions in the country has the competence to regu- States. However, most of these species have specific and late the private keeping and trade of animals as pets. complex physiological and behavioural needs that private households are never able to satisfy. ANALYSIS The research revealed that the Member States that have METHODOLOGY adopted a Positive List –a list of species allowed as pets- The desk research was conducted between September so far (Belgium, Luxembourg and the Netherlands) allow 2017 and June 20181. The Eurogroup for Animals legisla- the least mammal species in private possession. In these tive report of 20132 was the main building block for this countries just a fraction of the world’s mammal species are study. This publication includes a list of the national legis- allowed as pets. Legal provisions exist for the more spe- lations for exotic pet keeping throughout the EU; however, cialised keepers, allowing them to keep animal species not it contains limited details on the species allowed or not otherwise permitted. Mammals for which the keeping is allowed. nationally regulated by special authorization or exemption Based on the list of existing animal legislation, online re- are considered as prohibited or ‘not allowed’. 1 by Hester Jellema under supervision of Margot Décory of AAP, Animal Advocacy and Protection. Since June 2018 Luxembourg has implemented a Positive List regulating exotic pet keeping in the country. 2 Analysis of national legislation related to the keeping and sale of exotic pets in Europe, Eurogroup for Animals, 2013. 2 5488 (total number of Not allowed Allowed % allowed mammal species - IUCN) Austria 335 5153 93,90 Belgium 5446 42 0,77 Bulgaria 530 4958 90,34 Croatia 0 5488 100,00 Cyprus 0 5488 100,00 Czech Republic 2114 3374 61,48 Denmark 2878 2610 47,56 Estonia 336 5152 93,88 Finland 1093 4395 80,08 France 74 5414 98,65 Germany 117 5371 97,87 Greece 0 5488 100,00 Hungary 239 5249 95,65 Ireland 0 5488 100,00 Italy 864 4624 84,26 Latvia 742 4746 86,48 Lithuania 698 4790 87,28 Luxembourg 5457 31 0,56 Malta 484 5004 91,18 Netherlands 5239 249 4,54 Poland 756 4732 86,22 Portugal 840 4648 84,69 Romania 534 4954 90,27 Slovakia 0 5488 100,00 Slovenia 79 5409 98,56 Sweden 735 4753 86,61 England, Wales, Scotland 501 4987 90,87 N. Ireland 555 4933 89,89 <1% allowed 1-5% allowed 5-25% allowed 25-50% allowed 50-75% allowed 75-85% allowed 85-95% allowed 95-99,99% allowed 100% allowed Map 1: Percentage of known mammal species allowed as pets in EU. However, the majority of EU-28 Member States (20) have States. This does not imply all of the known mammal regulated exotic pet possession via a negative list – a list species are currently kept as companions, but there are of species forbidden as pets-, still allowing a large number in most cases very limited restrictions to an individual’s of the world’s mammal species to be kept as pets3. These choice. People who want an uncommon exotic pet will countries determine in different pieces of regulation encounter few obstacles or obligations to consider the which species are prohibited as pets according to different level of maintenance and care that the animal requires, rationales: for example, human health and/or safety, animal the risks attached to its keeping or whether the animal will welfare or protection of native flora and fauna (See Annex actually benefit in any way from being kept as a pet. I). A few countries (5) have no specific national provisions to restrict the keeping of pets at all. Nine countries have The contrast between France and Germany, where 95- separate legislation for identification and registration of 99.99% of all mammal species are allowed as pets, and certain animal species. The rest (15) have more than one the Benelux countries, which only permit a very small national legislative framework affecting pet keeping. amount, is striking and underlines the fact that even in neighbouring regions the differences in the regulatory From a total of 5,488 known mammal species on earth, framework can be dramatic. the vast majority can be kept as pets in many EU Member 3 Taxonomy commissions produce periodically revised classifications of animal species at the level of genus, species and subspecies for use by the IUCN (as was the case for felidae in 2017). Bans and negative lists of certain species have to be updated after such a revision, in order to prevent the trade and possession of the newly classified species. 3 PRIMATES AS PETS Unlike biomedical research with great apes, which has been banned throughout the EU since 20104, primates –potentially also great apes,- can still be kept as pets in a number of Member States. Eight of them, scattered all over the European continent, allow all primate species to be kept as pets. On the other side of the spectrum, seven countries have prohibited all primates as pets. 440 (total number of Not allowed Allowed % allowed primate species - IUCN) Austria 7 433 98,41 Belgium 440 0 0,00 Bulgaria 440 0 0,00 Croatia 0 440 100,00 Cyprus 0 440 100,00 Czech Republic 440 0 0,00 Denmark 41 399 90,68 Estonia 163 277 62,95 Finland 0 440 100,00 France 8 432 98,18 Germany 0 440 100,00 Greece 0 440 100,00 Hungary 177 263 59,77 Ireland 0 440 100,00 Italy 316 124 28,18 Latvia 163 277 62,95 Lithuania 440 0 0,00 Luxembourg 440 0 0,00 Malta 201 239 54,32 Netherlands 440 0 0,00 Poland 137 303 68,86 Portugal 440 0 0,00 Romania 0 440 100,00 Slovakia 0 440 100,00 Slovenia 0 440 100,00 Sweden 440 0 0,00 England, Wales, Scotland 209 231 52,50 N. Ireland 236 204 46,36 <1% allowed 1-5% allowed 5-25% allowed 25-50% allowed 50-75% allowed 75-85% allowed 85-95% allowed 95-99,99% allowed 100% allowed Map 2: Percentage of known primate species allowed as pets in EU. Captive primate care is extremely complex and can only be provided by highly specialised facilities such as reputable zoos and rescue centres. Lack of proper care leads to severe behavioural and veterinary problems which often result in the ani- mals eventually being handed over to a rescue facility. ` 4 Directive 2010/63 on the protection of animals used for scientific purposes, states ‘The use of great apes, as the closest species to human beings with the most advanced social and behavioural skills, should be permitted only for the purposes of research aimed at the preservation of those species (…) 4 WILD CATS AS PETS Wild cats (Felidae) include species like lion, tiger, lynx and serval. As in the case of primates, the differences in regulation throughout the EU are significant. All felidae species, including the clearly dangerous ‘big cats’, are allowed in five Member States, with another three permitting between 95% and 99.99% of the species. Private keeping of wild cats as pets is severely or totally restricted in only three countries. 41 (total number Not allowed Allowed % allowed of wild cat species - IUCN) Austria 37 4 9,76 Belgium 41 0 0,00 Bulgaria 2 39 95,12 Croatia 0 41 100,00 Cyprus 0 41 100,00 Czech Republic 2 39 95,12 Denmark 37 4 9,76 Estonia 27 14 34,15 Finland 3 38 92,68 France 1 40 97,56 Germany 4 37 90,24 Greece 0 41 100,00 Hungary 10 31 75,61 Ireland 0 41 100,00 Italy 38 3 7,32 Latvia 38 3 7,32 Lithuania 36 5 12,20 Luxembourg 41 0 0,00 Malta 27 14 34,15 Netherlands 38 3 7,32 Poland 39 2 4,88 Portugal 38 3 7,32 Romania 40 1 2,44 Slovakia 0 41 100,00 Slovenia 2 39 95,12 Sweden 41 0 0,00 England, Wales, Scotland 27 14 34,15 N. Ireland 27 14 34,15 <1% allowed 1-5% allowed 5-25% allowed 25-50% allowed 50-75% allowed 75-85% allowed 85-95% allowed 95-99,99% allowed 100% allowed Map 3: Percentage of known felidae species allowed as pets in EU.