WILD ANIMALS IN EU CIRCUSES - PROBLEMS, RISKS AND SOLUTIONS - Eurogroup for Animals
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WILD ANIMALS IN EU CIRCUSES PROBLEMS, RISKS AND SOLUTIONS DISCLAIMER ACKNOWLEDGEMENTS Every effort has been made to ensure the information in this report is accurate and up-to-date. This research was made possible by the hard work of Margherita Savonitto, Eurogroup for Animals, and the contribution of It should be noted, however, that this information is subject to change without notice and Eurogroup for Animals’ member organisations. Special thanks to the following members who provided crucial knowledge and Eurogroup for Animals can accept no liability for the accuracy of all the information presented data: AAP Animal Advocacy and Protection, Animalia, Animal Action Greece, Animals Defenders International, Animal Friends at any given time. Croatia, Associacion Nacional para la Defensa de los Animales (ANDA), Deutscher Tierschutzbund, Djurens Rätt, Dyrenes Beskyttelse, Dyrevern Alliansen , Dzīvnieku Draugs, Fondation Brigitte Bardot, Four Paws Austria, Four Paws Bulgaria, Four Paws ©Eurogroup for Animals Romania, ISPCA, La Fondation Droit Animal, Ethique et Science (LFDA), LAV, Loomus, Nadace na Ochranu Zvířat, RSPCA, and All rights reserved. Sloboda Zvierat. No part of this publication may be reprinted or reproduced, stored in a retrieval system or In addition, the following non-Eurogroup for Animals’ organisations have been extremely helpful during the preparation of this transmitted in any form or by any means electronic, mechanical, photocopying or otherwise report: InfoCircos, Society for the protection of Animals Ljublijana, EARS, PeTA UK, PeTA France and Cyrk Bez Zwierząt. without the prior permission of the publisher. Furthermore, Eurogroup for Animals wishes to thank A. C. J. Vergossen-Otten, Directorate of the Animal Agro-chains and Eurogroup for Animals Animal Welfare Ministry of Economic Affairs, and Stephanie Vanhamme, Inspector of Leefmilieu Brussel, the Animal Health Rue Ducale 29, 1000 Brussels, Belgium and Animal Welfare Division of the Administration of the Republic of Slovenia for Food Safety, Veterinary Sector and Plant Tel. +32 2 7400829 Protection, for their collaboration in compiling the questionnaire on the enforcement of national bans. www.eurogroupforanimals.org A final special thanks to Laura Panini from LAV, Olga Kikou from Compassion in World Farming, Cristina Rodrigues, chef of cabinet for the Pessoas-Animais-Natureza Party, Portugal.
TABLE OF CONTENTS EXECUTIVE SUMMARY....................................................................................................................................................................................... 6 5.3 Issues of public safety and security in circuses............................................................................................................................... 19 5.4 Database of wild animals in EU circuses........................................................................................................................................... 23 1 INTRODUCTION............................................................................................................................................................................................. 7 5.5 Rescue centres and sanctuaries database....................................................................................................................................... 23 Descriptive information on rescue centres and sanctuaries...................................................................................................... 23 2 CONTEXT........................................................................................................................................................................................................ 8 6 DISCUSSION................................................................................................................................................................................................. 26 3 DEFINITIONS.................................................................................................................................................................................................. 9 6.1 Overview of the current legislation................................................................................................................................................... 26 6.2 Enforcement of national bans............................................................................................................................................................ 27 6.3 Issues of public safety and security in circuses............................................................................................................................... 27 4 METHODOLOGY.......................................................................................................................................................................................... 10 6.4 Database of EU circuses with wild animals...................................................................................................................................... 29 4.1 Overview of the current legislation in EU Member States to ban the use of wild animals in circuses................................ 10 6.5 Rescue Centre and sanctuaries database........................................................................................................................................ 29 4.2 Analysis of the enforcement of legislation in the respective countries.................................................................................... 10 4.3 Risks to public safety and security in circuses................................................................................................................................ 11 4.4 Database of wild animals in EU circuses........................................................................................................................................... 11 7 CONCLUSIONS............................................................................................................................................................................................. 30 4.5 Database for rescue centres and sanctuaries that could rehome dismissed animals............................................................ 11 8 REFERENCES................................................................................................................................................................................................ 31 5 RESULTS........................................................................................................................................................................................................ 12 5.1 Overview of the current legislation................................................................................................................................................... 12 Annex 1: FVE position on the use of animals in travelling circuses.......................................................................................................... 33 National legislation............................................................................................................................................................................. 12 Annex 2: Statement on ethological needs and welfare of wild animals in circuses.............................................................................. 34 Overview on the legal proposal for a ban on the use of animals in EU Member States/countries..................................... 16 Annex 3: Psychologists’ statement on the anti-pedagogical value of the abuse of animals in circuses and performances....... 38 5.2 Enforcement of national bans............................................................................................................................................................ 16 Annex 4: Resolution of the Committee of Psychology of the Polish Academy of Sciences on endorsing Main challenges.................................................................................................................................................................................... 16 the activities aimed at limiting the use of animals for circus entertainment......................................................................................... 39 Competent national authority.......................................................................................................................................................... 17 Annex 5: Questionnaire on the adoption of the ban on the use of animals in circuses....................................................................... 40 Monitoring enforcement of the ban................................................................................................................................................ 17 Annex 6: List of circuses using wild animals in the EU................................................................................................................................. 41 Need for additional specific resources............................................................................................................................................ 17 Annex 7: Animals in circuses: portugal, Germany and Italy........................................................................................................................ 48 Responsibility for dismissed animals............................................................................................................................................... 18 Annex 8: Criteria for joining the European Alliance of Rescue Centres and Sanctuaries (EARS) ....................................................... 49 Vocational retraining........................................................................................................................................................................... 18 Compliance with the ban.................................................................................................................................................................... 18 Challenges in court.............................................................................................................................................................................. 18 4 WILD ANIMALS IN EU CIRCUSES Problems, Risks and Solutions 5
EXECUTIVE 1 SUMMARY INTRODUCTION Nowadays, there are growing concerns about the ethics of using wild animals for public entertainment, with increasing calls from the public to put this to an end. In Europe, this is reflected in the national legislation of 19 Member States, who have adopted restrictions on the use of either all, or exclusively wild, animals in circuses. This report provides an overview of the current legislations and restrictions on the use of animals in circuses in all EU Member States, with a particular focus on the process of enforcement of total bans on the use of wild animals in the respective countries. The goal of this analysis is to recommend solutions that can be adopted when phasing out wild animals in circuses. Furthermore, the report aims at demonstrating that the use of wild animals in circuses is not only a problem for animal welfare, but also an important issue of public safety and security. Wild animals are unpredictable and can be very dangerous to people. The temporary nature of traveling circuses and the close proximity of dangerous animals to the public mean that this type of public entertainment can never be entirely safe. An extensive list of incidents involving the public and wild animals in EU circuses has been developed. 305 incidents involving 608 wild animals were recorded in the EU circuses in the past 22 years. Data concerning the number of circuses using wild animals has also been collected in each EU Member State and a total of 300 facilities have been recorded. When bans on the use of wild animals in circuses are adopted, circuses and/or national authorities have to find a solution for managing the dismissed animals. With the aim of facilitating this process, the report presents a list of rescue centres and sanctuaries, mainly based in Europe, that have been identified by Eurogroup for Animals’ member organisations as being particularly appropriate to rescue dismissed circus animals. Although most EU Member States and municipalities within them have legal restrictions, circuses belonging to these countries are still allowed to travel to places where wild animals can still perform. This raise concerns not only about the welfare of All over Europe and worldwide, there is increasing can become aggressive and very dangerous to people. animals when performing but also about the length of time animals are transported. doubt about the ethics of using wild animals for public The temporary nature of traveling circuses and the close entertainment. This growing concern has been supported proximity of dangerous animals to the public mean that Consequently, only a coordinated and full ban in all EU Member States can guarantee a coherent and effective solution to the by opinion polls recently carried out in several EU Member this type of public entertainment can never be entirely physical and emotional suffering of wild animals in circuses and to the related public security risks. Given the cross-border States and countries that have shown a clear public desire safe. Around the world, circus workers and members of nature of the issue and the related risks for the safety of both people and animals, Eurogroup for Animals believes that an to end the use of wild animals in circuses. This is reflected the public, including children, have been killed and injured action of the European Commission for an EU ban is also legitimate and perfectly justified. It is intended that the information in the national legislation of 19 EU Member States who by circus animals. Lions, tigers and elephants have all provided in this report will contribute to reaching these goals. have already adopted restrictions on the use of either all, or escaped. exclusively wild, animals in circuses. In addition, hundreds of European municipalities have decided to prohibit such Eurogroup for Animals and its member organisations have public entertainment in their cities. systematically collected data on the incidents in circuses in all EU Member States, in order to provide objective There is widespread acknowledgement by veterinarians, evidence of the important public security risks related to animal behaviour experts and governments worldwide the use of wild animals in circuses. that due to the constant travelling and temporary accommodation, the welfare of animals will always be This report aims at providing an overview of the situation compromised in circuses. across Europe regarding the national legislation and restrictions adopted in each member state. It also provides Most of the time, bans and restrictions have been adopted the necessary evidence to support a ban on the use of wild on animal welfare grounds; yet, the use of wild animals animals in circuses on public security grounds. Finally, the in circuses also represents an important issue for public report recommends solutions that can be adopted when safety and security. Wild animals are unpredictable and phasing out wild animals in circuses. 6 WILD ANIMALS IN EU CIRCUSES Problems, Risks and Solutions 7
2 3 CONTEXT DEFINITIONS In 2015, the Federation of Veterinarians of Europe stated by over 100 Italian psychologists [6] (Annex 3). This states in a Position Paper that the exploitation of wild animals in that attending this kind of performance with animals can circuses “reflects a traditional but out-dated view” of them hinder the normal development of empathy in children, (Annex 1). soliciting joy and amusement responses while looking at animals behaving unnaturally, feeling discomfort and The document supports a total phase out of wild animals’ being punished. Similarly, the Committee of Psychology performances in circuses. [2] Their main argument is that of the Polish Academy of Sciences (PAN) released an circuses cannot provide adequate physiological, mental opinion declaration stating that circuses with animals are and social requirements for wild animals, thus seriously detrimental for children’s educational growth [7] (Annex 4). jeopardising their welfare. All the above mentioned arguments highlight the necessity A statement published in 2015 by Eurogroup for Animals and urgency to phase out the use of wild animals in circuses. and signed by 28 scientists with extensive research records The steps already taken by 19 EU Member States to restrict in wildlife biology/ecology/ethology, identified in particular the use of wild animals in circuses are a move in the right five main welfare implications: 1) limited space availability, direction, but it is not enough. Only 11 EU Member States 2) maternal separation, 3) restricted social interactions, have adopted a total ban on the use of wild animals. In 4)frequent traveling, and 5) training and performance [3] addition, circuses belonging to countries or municipalities (Annex 2). Furthermore, a recent report commissioned by that have adopted restrictions can simply move to places the Welsh Government analysed the scientific evidence where wild animals are still allowed to perform. This available in more than a thousand scientific peer-reviewed unfortunately means that the 19 EU Member States with papers, recognising that circuses cannot guarantee legal restrictions are still obliged to accept circuses using optimal welfare conditions to wild captive animals, banned animals to move through their territory. thwarting all the “Five Freedoms”, as described by the Farm Animal Welfare Council in 1992. [4] The very nature of At EU level, there is no legislation dealing with circuses and WILD ANIMALS: For the purpose of this report, the term of hybridisation between domestic forms and wild these infrastructures, with their constant movement and animal welfare. However, circuses are supposed to comply “wild animal” comprises those species of which populations ancestors, for example between the llama (Lama glama) confinement, regardless of the willingness of the caretaker, with the provisions of Council Regulation 338/97/EC (9 still exist in a wild state, in the country of origin - that is and the guanaco (Lama guanicoe).[15] Morphologically and is what mainly harm the animals’ well-being. In addition, December 1996) on the protection of endangered species to say, a species whose collective behaviour, life cycle or physiologically “domestic” individuals are equal to their constant human handling and forced performance of of wild fauna and flora by regulating trade therein. [8] physiology remains unaltered from the wild conspecific wild ancestors, and therefore it can be assumed that their unnatural behaviours are daily routines in the circus Council Directive 92/65/EEC (13 July 1992) provides for the despite their breeding and living conditions being under behavioural needs are the same, in particular regarding environment, and are stressors detrimental for the welfare establishment of specific health requirements for imports human control for multiple generations. This definition was their nomadic lifestyle to which they are still adapted. [3] [14] of animals. [5] into the Community of animals intended for circuses, developed through a review of national Animal Welfare and For all of the above mentioned reasons and for the purpose according to species. In addition, European Commission Protection Acts, in particular the Italian Law 157/92,[10] the of this report, we consider that species belonging to the Besides animal welfare arguments, there is increasing Regulation (EC) 1739/2005 [9] lays out animal health Dutch Royal Decree 2014 [11] and the Scottish Bill 2017,[12] Camelidae family should be included in the “wild animal” concern that public entertainment with the use of wild requirements for the movement of circus animals between scientific papers and reports such as the paper by Dorning category. animals does not have any educational value and, on EU Member States and provides for the registration of et al. (2016) [4] and the report by Radford (2007).[13] the contrary, may have a negative impact on the public’s circuses that move from one Member State to another. The CIRCUS: For the purpose of this report, a circus is defined perception (especially children) of wild animals. This is Minister may grant or revoke a registration of a circus on A special case is the one of the Camelidae family, and as a temporary outdoor facility or tent where animals coherent with a recent declaration that has been signed the basis of human or animal health considerations. in particular the species of Bactrian camels (Camelus are held and perform for the amusement of the public bactrianus), dromedaries (Camelus dromedaries), llamas for which they are stimulated and/or trained by a trainer (Lama glama) which are often used in circuses. These species during the performing and behind the scenes, with the are generally considered domestic, yet many experts have exception of zoological parks. In this report we often use raised concerns over their process of domestication. the word ‘circus’ or ‘circuses’ to refer to those using wild Several studies argue that there is not enough evidence animals to perform. to support the camel domestication,[14] even though there are few genetic differences. Others argue the evidence 8 WILD ANIMALS IN EU CIRCUSES Problems, Risks and Solutions 9
4.3 4.4 4 RISKS TO PUBLIC SAFETY AND SECURITY IN CIRCUSES DATABASE OF WILD ANIMALS IN EU CIRCUSES METHODOLOGY In order to collect evidence about whether the use of wild The aim of this section was to compile an exhaustive animals in circuses represents a serious risk to public database of EU circuses with performances by wild safety and security, an extensive list of incidents involving animals. For each circus, the following information has the public and wild animals in circuses has been developed been included in the database: country of origin, link to for those occurring in the EU between 1995 and 2017. the circus’ website and the source of information. Again, Eurogroup for Animals started the research in 2015, with Eurogroup for Animals’ member organisations were the 4.1 Data has been collected over six months from January to the aim of covering the past 20 years. With the purpose main sources of information. In addition, information June 2017. The information and data used in this report of updating the research, the list was then extended until was obtained from the websites of circuses or from other have been provided by Eurogroup for Animals’ member OVERVIEW OF THE CURRENT LEGISLATION 2017, covering in total 22 years. animal welfare organisations. Only for the case of Portugal, organisations, other animal welfare and protection IN EU MEMBER STATES TO BAN THE the government provided the data. organisations, national authorities, and a wide range of USE OF WILD ANIMALS IN CIRCUSES For each incident, the following information has been reliable and referenced resources. collected: 4.5 A review of all national legislations adopting restrictions • Year; Data collection and analysis were hindered by several on the use of wild animals in circuses in the EU has been • EU Member State; challenges due to the multiplicity and diversity of data made. The following information has been collected for DATABASE FOR RESCUE CENTRES sources as well as, in some cases, the difficulty in accessing each legislation (N.B. the description of the rationale for • Animal species; AND SANCTUARIES THAT COULD information (e.g. incidents are not always reported by the the implementation of a ban/ restriction on the use of • Number of involved animals; REHOME DISMISSED ANIMALS media). Thus, despite the rigor applied during the research, animals in circuses was taken from Dorning et al. [4] ): • Number of involved people; Eurogroup for Animals cannot guarantee that the results A database has been prepared of several rescue centres • Legislation; • Category of the incident, and; are exhaustive. However, we consider that the data and sanctuaries which have already rescued wild animals obtained provides a realistic overview of the situation and • Date of adoption; • Source of information. from circuses or those centres which have the potential to that the report is a credible, representative and reliable • Date of implementation; rehome these animals. source of information. • Specific legislation’s clause on circuses; Incidents were classified in accordance to their effects and • Summary of the legislation’s specific clause on circus; gravity and three main categories were identified: The structures which have been included in the database The report covers five main topics that are discussed in have been selected not only according to their availability • Exceptions; separate chapters. These include: Category 1 to rescue circus animals, but also because they are • Rationale. regularly licensed and have been evaluated by Eurogroup • An overview of the current legislation in EU Member Incidents with no consequences: animals escaped but did not cause any harm or problems to the public. for Animals’ members as providing adequate care to the States to ban the use of wild animals in circuses; animals. Thus, the database is not meant to be exhaustive • An analysis of the enforcement of such legislation in Category 2 4.2 (e.g. it does not include all existing facilities), but instead the respective countries; Incidents with consequences (road blocks, car accidents, act as a collection of examples of rescue centres and • The risks to public safety and security in circuses; ANALYSIS OF THE ENFORCEMENT OF traffic jams, injury of people or animals, killing of sanctuaries, whose suitability has been confirmed. LEGISLATION IN THE RESPECTIVE COUNTRIES animals, high levels of public fear). • A database for wild animals in EU circuses; Location of the rescue centres and species of the animals • A database for rescue centres and sanctuaries that A questionnaire was distributed by Eurogroup for Animals’ Category 3 that could be rescued, together with information (website) could rehome dismissed animals. member organisations to the competent authorities in Incident that caused the death of a person(s). about the rescue centre or sanctuary were captured in the EU Members States who have adopted a ban on the use database. Information specifically on the identification of of either all, or exclusively wild, animals. These include: The main sources of information included news published the most appropriate facility for each species can be found Austria, Belgium, Bulgaria, Croatia, Cyprus, Greece, Malta, online or in the Eurogroup for Animals’ databases and on the website of the European Alliance of Rescue Centres The Netherlands and Slovenia. The questionnaire aimed archives. In most of the cases, Eurogroup for Animals’ and Sanctuaries partners (EARS [18] ). at collecting information on the process of enforcement member organisations have provided the information, with of a ban at national level, with a particular focus on the translations into English. A few non-member organisations challenges encountered and the solutions adopted, in also contributed with relevant information. order to identify best practices. The full questionnaire can be consulted in Annex 5. In most of the cases, the used sources of information reported the exact number of involved animals in the incidents. When more animals were involved, but the exact number was not specified, the minimum number of two individuals was recorded. Conversely, when a total number was given for a group including different species, equal numbers of individuals have been assigned to each species. 10 WILD ANIMALS IN EU CIRCUSES Problems, Risks and Solutions 11
5 Austria Croatia Legislation: Bundesgesetz über den Schutz der Legislation: Animal Protection Act 2006. Official Gazette Tiere(Tierschutzgesetz – TSchG) – Federal Act on the 135/06, Art. 53. Protection of Animals, 2004 Implementation date: 1/1/2007 RESULTS Implementation date: 1/1/2005 Clause on circuses: Article 4 Clause on circuses: Clause 2 § 27. (1) Summary: It is prohibited to use wild animals in circuses Summary: Species of wild animal are not allowed to be and other shows, film and television productions, kept in circuses, variety show institutions and similar advertisements, exhibitions or competitions in which facilities. animals are forced to behave unnaturally, or are subject to Rationale:1 Animal protection pain, suffering, injury or fear. Reference: https://goo.gl/V4y2xy Rationale: Animal protection Reference: https://goo.gl/GVrGtw Belgium Legislation: Arrêté royal modifying the Arrêté royal of 2 Cyprus September 2005 about the welfare of animals used in Legislation: Official Journal of the Republic of Cyprus, circuses and temporary exhibitions. Annex I, Animal Welfare Law, 5/7/2013 Implementation date: 11/02/2014 Implementation date: 2013 Clause on circuses: Chapter 2 Clause on circuses: Annex One, Law Part I Summary: All wild animals (except domesticated species Summary: The installation and operation of circuses listed in Annex 1) are not allowed to be kept in circuses. that include in their programme any species of animal, Exceptions: List of domesticated animals allowed: geese, whether to perform, parade, or that are exhibited to the ducks, cattle, Indian buffaloes, dromedaries, Bactrian public, is prohibited. camels, dogs, goats, pigeons, horses, ponies, donkeys, Rationale: Animal welfare cats, fowls, llamas, ferrets, rabbits, sheep, pigs, parrots. Reference: https://goo.gl/4u4x5o Rationale: Animal welfare Reference: https://goo.gl/QjPrFf Czech Republic © LAV Legislation: Act No. 77/2004 Bulgaria Implementation date: 7/4/2004 Legislation: Animal Protection Act No 13/8.02.2008 Clause on circuses: Part 4 § 14a 5.1 Implementation date: 8/2/2008 Clause on circuses: Chapter 3 § 27 (1,2) Summary: No person shall constrain new-born primates, pinnipeds, Cetacea (excluding the Delphinidae family), rhi- OVERVIEW OF THE Summary: No wild mammals, including species of the noceros, hippopotami or giraffes to a special training for CURRENT LEGISLATION the preparation and performance of tricks or for a circus. order of primates, shall be used in circuses, variety shows, Below we outline all the national legislation that, at the below: France, Germany, Ireland, Italy, Lithuania, and other entertainment facilities. Rationale: Animal protection date of the publication of the present report, includes Luxembourg, Spain, and the United Kingdom. Exceptions: Prohibition shall not apply to the species of Reference: https://goo.gl/pr4E1W specific requirements/restrictions on the use of wild the Cetacean order, the Delphinidae - Tursiops truncatus animals in EU Member States. The information and details However, it should be mentioned that in some Member and Delphinus delphis, reared and used for dolphin park contained in the clauses of the legislation regarding the States, such as Spain, municipalities and/or regions have shows, provided that the specimens are marked, at least Denmark use of animals in circuses are also indicated. adopted local bans on the use of wild animals in circuses. third-generation born and raised in captivity, not kept Legislation: Protection of Animals Act (No. 252 of 2013) separately, and hold a permit issued by the Minister of Implementation date: 8/3/2013 The rationale for implementing a ban varied among EU Environment and Water under the Biological Diversity Act. Clause on circuses: Chapter 3 §17 Member States: in 15 countries the reason was primarily Rationale: Animal protection for animal welfare/protection, in two there were mixed National legislation Summary: Wild animals must not be used for circus Reference: https://goo.gl/Z7ZH1y performances, variety shows etc. Animals must not be reasons, one for animal health and one that is unspecified [4]. The National legislation including specific legally binding shown in travelling menageries. requirements/restrictions on the use of wild animals in EU Exceptions: Elephants, sea lions, zebras, foxes, mink and The following EU Member States have no legally binding Member States has been summarized below. The sign ‘[-]’ parrots are excluded from the ban. restrictions at national level on the use of animals in indicates the lack of a specific section on circus animals, Rationale: Animal welfare circuses and therefore were not included in the summary whereas the sign ‘/’ indicates that the information was not Additional notes: The Minister of Justice can grant found. 1 S. Harris, J. Dorning and S. Harris, The welfare of wild animals in exemption from the rule in Subsection 2 if it is travelling circuses, 2016. unobjectionable. Reference: https://goo.gl/k1Z8P4 12 WILD ANIMALS IN EU CIRCUSES Problems, Risks and Solutions 13
Estonia Clause on circuses: Section 27 Romania Table1: Summary of the legislation/restrictions in each EU Legislation: Animal Protection Act 2000 Summary: It is forbidden to train wild animals (both Legislation: Law No. 205/2004 (modified by Law 9/2008 Member State. Implementation date: 1/7/2001 caught in wilderness and bred in captivity) and use them and Order 523/2008), 13/06/2017 as amusement animals as well as it is forbidden to display Implementation date: 2018 restrictions on the use of Clause on circuses: Chapter 3 §27 them as entertainment animals. strictions on the use of animals in EU circuses animals in EU circuses Summary: In animal shows, animals, which have been Summary: It is forbidden to use animals (vertebrates) Ban of wild animals Legally binding re- no matter the degree of training, born in captivity No legally binding born under artificial conditions, shall be used. Ban of all animals Malta or captured from the wild, in circus shows, travelling Rationale: Animal protection circuses, travelling shows or any other kind of similar Reference: https://goo.gl/N4QncG Legislation: Animal Welfare (Amendment) Act 2014 shows. Clause on circuses: It shall not be lawful for any person to Exceptions: Exceptions are horses, dogs and exotic birds. use animals for performances, exhibitions, and shows or Finland Rationale: Animal welfare Country for the training thereof in circuses. Legislation: Animal Welfare Act 247/1996 amendment Reference: https://goo.gl/EHHdkY Austria Rationale: Animal protection No. 1430/2006 Belgium Reference: https://goo.gl/t4dk9b Implementation date: 2006 Bulgaria Slovenia Clause on circuses: Chapter 2, Section 20a Croatia The Netherlands Legislation: Animal Protection Act 38/13, 7/3/2013 Summary: It is prohibited to use monkeys, predatory Cyprus Legislation: Besluit, houdende wijziging van het Implementation date: 2/4/2013 animals, wild ruminants, ungulates, marsupials, seals, Clause on circuses: Section 14a Czech Republic elephants, rhinos, hippos, birds of prey and crocodiles. Besluit houders van dieren in verband met het verbod op deelname met zoogdieren behorende tot wilde Summary: Using wild animals in circuses is prohibited. Denmark Exceptions: Camels and yaks are allowed diersoorten aan circussen en andere tentoonstellingen en Estonia Rationale: Animal welfare Rationale: Animal protection op vervoer van die dieren ten behoeve daarvan, Ast. 4.14, Reference: https://goo.gl/DVe9dk Finland Reference: https://goo.gl/Yzkqw2 8/12/2014 France Implementation date: 15/9/2015 Germany Greece Clause on circuses: § 2 Sweden Legislation: Animal Welfare Act 1988:534 and Animal Greece Legislation: Law No. 4039, 2012 Summary: It is prohibited to use mammals, other than the ones belonging to the species listed in Annex IV in a circus. Welfare Ordinance 1988:539, 1/1/2010 Hungary Implementation date: 2/2/2012 Exceptions: Annex IV - list of allowed species: donkey, Clause on circuses: Section 35, 36 Ireland Clause on circuses: Article 12, 13, 14 horse, dog, cat, bovine, sheep, goat, pig, llama, alpaca, Summary: 1) Animals must not be taken from place Italy Summary: Prohibition to use any animal in every kind of camel, dromedary, rabbit, brown rat, house mouse, to place and exhibited to the public menageries. Few entertaining shows, events and other relevant activities. Latvia guinea-pig, golden hamster, and gerbil. exceptions are listed in subsection 2). 3) The animals Rationale: Animal welfare Lithuania Rationale: Animal health referred to in subsection 2 must not be exhibited to the Reference: https://goo.gl/xMxRBX public in performances or otherwise at circuses, variety Luxembourg Reference: https://goo.gl/DgvE3j shows or similar entertainments. Malta Exceptions: Subsection 2) Monkeys, predators, with the The Netherlands Hungary Poland exception of domesticated dogs and cats, pinnipeds with Legislation: Government Decree 222/2007 (VIII.29) on Poland Legislation: Animal Protection Act 1997 the exception of sea-lions, rhinoceroses, hippopotamuses, the detailed rules of authorising the establishment and Portugal Clause on circuses: Chapter 4 deer, with the exception of reindeer, giraffes, kangaroos, maintenance of a circus menagerie birds of prey, ratite birds and crocodilians must not be Romania Summary: Only animals born and bred in captivity may Summary: A wild animal caught after this decree entered taken from place to place and exhibited to the public in be used for training, shows and entertainment, and Slovakia into force cannot be kept and displayed in a circus other circumstances either. only those to which it is possible to provide such living Slovenia menagerie. After the entry into force of this decree it shall conditions that are appropriate to the need of a given Rationale: Animal protection be prohibited to purchase and train new elephants and Spain species are allowed. Reference: https://goo.gl/YkNNVj primates for the purpose of a circus performance. Animal Sweden species mentioned in Appendix I the CITES Convention, Rationale: Animal protection UK (England) dated 3rd March 1973, are not allowed to be purchased, Reference: https://goo.gl/9se6mx trained and to participate in shows after 1st January 2010. UK (Northern Ireland) Rationale: Animal protection and wildlife conservation UK (Scotland) Portugal UK (Wales) Legislation: Ordinance 1226/2009 Latvia Summary: It is prohibited to keep and breed CITES listed Legislation: Animal Protection Law (APL), Cabinet of species and their hybrids. Ministers Regulations No. 959 (20/12/2005) Rationale: Wildlife conservation, animal welfare, animal Implementation date: 2017 health and public safety Reference: https://goo.gl/yVKrRZ 14 WILD ANIMALS IN EU CIRCUSES Problems, Risks and Solutions 15
Overview on the legal proposal for UK Scotland Greece Monitoring enforcement of the ban a ban on the use of animals in EU Proposal: Wild Animals in Travelling Circuses Bill After the ban was adopted, initially there was a limited response by the authorities. Which measures have been established to monitor the Member States/countries. Expected approval date: 2018 Description of section: This Bill prohibits the use of wild enforcement of the ban? Some EU Member States or countries are currently animals in travelling circuses. The Netherlands undergoing the process of adopting legal proposals for the Rationale: Ethical After the ban was adopted, a challenge concerned Belgium prohibition of the use of all animals, or exclusively wild, and these are expected to enter into force in the near future. An solutions needed regarding the re-allocation of the General follow-up as for all animal welfare legislation. forbidden animals held in circuses. For some species of 5.2 overview of these Member States/countries is presented below. wild animals it was hard to find place in a shelter; in other ENFORCEMENT OF cases circus owners and care providers were very attached Croatia to their animals and did not want to relocate them. Veterinary inspectors of the Ministry should monitor the NATIONAL BANS Estonia enforcement of the ban. However, generally AFC reacts Proposal: Amendment of Animal Welfare Act The most meaningful information obtained from the to infringements and then contacts the Ministry of Slovenia Agriculture. Expected approval date: 2018 questionnaire has been summarised below. Austria, Bulgaria, Cyprus and Malta have not replied to the No major challenges during or after the adoption of the Description of section: Ban on wild animals act ban – politically favourable situation. questionnaire; therefore no data from them has been Rationale: Animal welfare included in the report. Greece Local/regional authorities decide whether to grant Finland Competent national authority permission to a circus to perform in the jurisdiction. Proposal: Revision of Animal Welfare Act Main challenges Who is the national authority in charge of verifying the correct Expected approval date: 2017 enforcement of the ban? The Netherlands Description of section: Proposal of a positive list of What were the main challenges encountered during the Communication activities to inform the circuses and the animals that can be used in circuses (domesticated process of adoption of the ban? What were the main challenges Dutch municipalities by the Association of Netherlands species only). encountered after the adoption of the ban? Belgium Municipalities (VNG – Vereniging van Nederlandse The Animal Welfare Veterinary Offices in each Region. Gemeenten). An enforcement strategy was developed by Rationale: Animal welfare the NVWA. Belgium Italy During the process of adoption of a ban, the main Croatia challenge was to find consensus between competent The Ministry of Agriculture. Slovenia Proposal: Bill n. 2287-BIS authorities and animal welfare associations. Circuses have to apply for a permit under the public Expected approval date: 2018 gathering legislation through the Administrative After the ban was adopted, the challenge was to find Description of section: Gradual dispel of all animals from Greece Office. According to veterinary legislation, AFSVSPP compliance with standards defined in the ban. circuses. Local councils. gives prior consent (after documentation check) to the Rationale: Animal welfare Administrative Office in form of conditions that circuses Croatia have to meet when touring in Slovenia. AFSVSPP always The Netherlands inspect circuses to check whether the conditions stated in During the process of adoption, there was a great Luxembourg The Netherlands Food and Consumer Product Safety the prior consent are met. resistance from the Ministry of Agriculture. The ban Proposal: Projet de règlement grand-ducal précisant les was adopted because of the hard and persistent work of Authority (NVWA). conditions spécifiques de détention des animaux Animal Friends Croatia (AFC) and support of the media Expected approval date: 2017 and the public. Need for additional specific resources Slovenia Description of section: Proposal of a positive list of After the ban was adopted, camels and lamas were still Administration for Food Safety, Veterinary Sector and Did the national government allocate additional specific animals that can be used in circuses. Animals allowed in performing in circuses, presenting them as domestic Plant Protection (AFSVSPP). resources (financial or technical) to the agencies tasked with circuses are: dogs, cats, ferrets, donkeys, horses, domestic animals. AFC continued to protest and asked the Ministry pig, bovines, goats, sheep and European rabbits. of Agriculture to ban their use in shows. In 2013 the the enforcement of the ban? If YES, in which way? Rationale: Animal welfare Ministry amended the Animal Protection Act with a new • Belgium: No definition of domestic animals: “animals that have been • Croatia: No tamed and domesticated by man, farmed and bred for • Greece: No Slovakia the purpose of the production of food, feed and animal • The Netherlands: No Proposal: Revision of Veterinary Law by-products and for other economic purposes”. Although this definition does not allow performances of camels and • Slovenia: No Expected approval date: 2018 lamas in circuses as they are not domesticated according Description of section: Ban on the use of wild animals in to the new definition in Croatia, veterinary inspectors circuses. keep allowing such animals to perform in circuses. 16 WILD ANIMALS IN EU CIRCUSES Problems, Risks and Solutions 17
Responsibility for dismissed animals Vocational retraining Have circuses been allowed to keep their animals belonging to Has any procedure been put in place by your national forbidden species until the natural end of their lives? If YES: a) government for the vocational retraining of animal’s trainers Could circuses still use them in performances? b) Could they and other employees involved in the management of the transport them from one performing location to another? animals? If yes, please detail. • Belgium: No If the answer to the previous question is NO and the animals had • Croatia: No to be rehomed, please answer the following questions: a) Who was responsible for their rehoming? b) Did the government • Greece: No compensate the circuses for giving up the animals? Did the • The Netherlands: No government pay their rehoming and keeping? c) Where • Slovenia: No were they re-homed? d) Is there a record of the species and numbers of animals that were rehomed? If possible, please provide this information. Compliance with the ban Belgium Did circuses respect the ban or were there cases of Circuses were not allowed to keep the forbidden animals. infringement? If there were, please briefly describe the cases Circuses were responsible for their rehoming. No and what measures have been taken. government compensation was given to the circuses for • Belgium: Some cases at the beginning of the adoption giving up the animals. The animals were rehomed often in of the ban. other countries, as there were only a few Belgian circuses, and sometimes in specialised shelters. • Croatia: Attempts of using camels and llamas as do- mestic animals. • Greece: No cases of infringement. Croatia There were no national circuses with animals in Croatia; • The Netherlands: Enforcement was necessary on some foreign circuses were not allowed to perform any longer in occasions. Administrative sanctions (such as warnings) were taken. 5.3 gravity. Figure 4 shows the percentages for each category, the country if they had animals. ISSUES OF PUBLIC SAFETY AND with an almost 50/50 split between incidents that had • Slovenia: No cases of infringement. SECURITY IN CIRCUSES. some consequences and those that had no consequences. Greece In total, 305 incidents involving wild animals in circuses A total of 11 people were killed and 86 people were injured There were no national circuses with animals in Greece; were recorded in the EU in the past 22 years, from 1995 as a consequence of an incident involving a wild animal in foreign circuses were not allowed to perform any longer in Challenges in court to 2017. Figure 1 shows the distribution of the incidents a circus (Figure 5,6). the country if they had animals. throughout EU Member States, with the highest number Has the ban been challenged in court? If so, what was the final recorded in Germany (138 cases) followed by France (49) The species of animals involved in incidents that caused result? If the process is on-going, please briefly describe the and Italy (29). injury or death of one or more people are outlined in The Netherlands current state of affairs. Figure 7, with the highest numbers caused by tigers and Circuses were not allowed to keep the forbidden animals. No incidents occurred in the following countries: Belgium, elephants. • Belgium: Yes, there has been one challenge in court, In certain cases, an exemption (ontheffing) was requested Bulgaria, Croatia, Cyprus, Estonia, Finland, Latvia, but it failed. and in some cases granted. Under that exemption, the Lithuania, Luxembourg, Malta, Slovakia and Slovenia. A total of 91 individuals belonging to the Camelidae family animals were allowed to be transported along with • Croatia: No were involved in incidents (63 in Category 1 accidents the circus but were not allowed to perform. Circuses Denmark, France, Germany, Ireland, Italy, The Netherlands, and 28 in Category 2, Figure 8). This corresponds to 15% • Greece: No were responsible for the rehoming. No government Poland, Romania, Spain, Sweden and the United Kingdom of the animals that have been implicated in incidents, compensation was given to the circuses for giving up the • The Netherlands: Only the date of implementation was reported incidents in the last five years, for a total of 118 underlining the potential danger represented by these animals. Most of the circuses with wild animals stopped challenged in court. The circuses won and they were cases; between January and May 2017, eight incidents animals, often included among the domesticated ones by going to The Netherlands. allowed to stay until the beginning of January 2016. occurred in France, three in Italy and one in the Czech national legislations. After that date, they went to their winter residence in Republic, representing the most recent data (Figure 2). Germany for the season. In total, 305 incidents involving wild animals in circuses Slovenia • Slovenia: No A total of 608 animals have been involved in 305 incidents. were recorded in the EU in the past 22 years, from 1995 There were no national circuses with animals in Slovenia. Germany presents the highest number of animals involved, to 2017. Figure 1 shows the distribution of the incidents Foreign circuses were not allowed to perform any longer in coherently with its highest amount of incidents (Figure 3). throughout EU Member States, with the highest number the country if they had animals. recorded in Germany (138 cases) followed by France (49) As described in the Methodology, incidents were divided and Italy (29). into three categories depending on their effects and 18 WILD ANIMALS IN EU CIRCUSES Problems, Risks and Solutions 19
Figure 1: Incidents caused by wild animals in circuses in EU Member States between 1995 and 2017. 140 120 100 80 60 40 20 0 ia m ark y ary ly c ce ece d ds d l nia ain en ga an bli lan lan str do Ita n an ed rtu ma Sp ng nm Gre rm pu Fra Au ing Ire Po er l Sw Hu Po Re Ro Ge De dK eth ch ite eN Cze Un Th Figure 2: Number of incidents between 2013 and 2017 in EU Member States. 16 ¢ Czech Republic ¢ Denmark 14 ¢ France 12 ¢ Germany 10 ¢ Ireland 8 ¢ Italy ¢ The Netherlands 6 ¢ Poland 4 ©BOLOGNATODAY ¢ Romania 2 ¢ Spain 0 ¢ Sweden 2013 2014 2015 2016 2017 Figure 3: Total number of wild animals involved in incidents in EU Member States between 1995 and 2017. Figure 4: Percentage of events for each category of Figure 5: Number of people who were either injured or incidents. The definitions of each category are described killed during an incident involving a wild animal in a circus. 300 in section 4.3. 250 Category 3 200 4 Number of killed 11 150 100 50 49 Category 1 0 % 86 Number of injured Category 2 47 ria m ark ny ry ly lic ce ece d s nd al ia ain en d lan do Ita ug an a ub n st an a ed la Sp ng nm Gre rm Fra Au ing m rt Ire Po erl p Sw Hu Po Re Ro Ge De dK eth ch ite eN Cze Un Th 20 WILD ANIMALS IN EU CIRCUSES Problems, Risks and Solutions 21
5.4 5.5 Figure 6: Number of people killed and injured in each EU member state. 30 DATABASE OF WILD ANIMALS IN EU CIRCUSES. RESCUE CENTRES AND 25 SANCTUARIES DATABASE Data concerning circuses using wild animals has been 20 collected in each EU Member State and a total of 300 In strict collaboration with Eurogroup for Animals’ member 15 facilities have been recorded (Table 2). The circuses organisations, a list of rescue centres and sanctuaries, were divided according to their country of origin, which is mainly based in Europe, have been identified as being 10 not necessarily the country where they perform. A more particularly appropriate to rescue circus animals (see 5 detailed list with name of circuses, website links and below). These facilities have been evaluated as suitable sources is provided in Annex 6. either because they adhere to determinate criteria (like 0 those specified by EARS in Annex 8), or because Eurogroup ia om ark y ary ly c ce ece d s d l nia ain en ga nd an bli lan lan str Ita n More precise data on the number of wild animals has been for Animals’ member organisations reported them as ed gd rtu ma Sp ng nm Gre rm pu Fra rla Au Ire Po Sw Kin Hu Po Re the Ro Ge De collected only for Portugal (762 wild animals in 41 circuses being particularly respectful to the welfare of animals. The ch d Ne ite Cze [16]), Germany (more than 900 wild animals in total – column named ‘additional information’ includes further e Un Th excluding camelids – in more than 330 circuses officially data about the centres, provided by Eurogroup for Animals’ People killed People injured registered in 2012 [17]; minimum 300 wild animals – member organisations. excluding camelids – in 90 circuses estimated by Deutscher Figure 7: Number of people that were either injured or killed during an incident versus the species of the involved wild animal(s). Tierschutzbund in 2017) and Italy (more than 2,000 wild In addition to the rescue centres and sanctuaries and domestic animals in approximately 100 circuses in mentioned below, the NGO Animal Defenders International 30 2010 [18] ). More details can be found in Annex 6. (http://www.ad-international.org/adi_home/) is 25 regularly collaborating with a network of structures that Table 2: Total number of circuses with wild animals rescue wild animals from circuses all around the world. 20 in each EU Member State. More information can be requested by contacting the 15 organisation directly. Country of Origin Number of 10 circuses 5 Czech Republic 9 Descriptive information on rescue centres and sanctuaries 0 Denmark 3 ar er er r ry ey l e ile t n n me the an nze Lio tho Tig Be da Lig nk Finland 1 cod ph Ca n me pa Mo Py Austria Pa Ele Cro im Dro France 52 Ch People killed People injured Bärenwald Arbesbach Germany 98 www.baerenwald.at Hungary 5 Animals: Bears Ownership/Affiliation: EARS partner and Vier Pfoten Ireland 1 rescue centre Figure 8: Number of individuals of the family Camelidae Italy 66 Additional Information: They have former circus bears. involved in each category of incidents. Lithuania 1 The Netherlands 2 Belgium Poland 5 De Zonnegloed Sanctuary http://www.dezonnegloed.be/ Portugal 41 Category 2 28 Animals: Birds of Prey, Ungulates (Zebras) Romania 3 Ownership/Affiliation: EARS partner Slovakia 1 Spain 9 Natuurhulpcentrum Wildlife Rescue Centre www.natuurhulpcentrum.be 63 Category 1 Sweden 3 Animals: Bears, Parrots, Birds of Prey, Great Apes UK 1 (Chimpanzees), Lions, Tigers, Jaguars, Pumas, Cheetah, Grand Total 300 New World Monkeys, Old World Monkeys, Prosimians, Ungulates, other Mammals, Reptiles Ownership/Affiliation: EARS partner 22 WILD ANIMALS IN EU CIRCUSES Problems, Risks and Solutions 23
Bulgaria Bärenpark Worbis Animals: Parrots, New World Monkeys, Old World South Africa Dancing Bears Park Balista https://www.baer.de/projekte/alternativer-wolf-und- Monkeys, Lions, Tigers, Reptiles, Birds Lionsrock www.vier-pfoten.org baerenpark-schwarzwald Ownership/Affiliation: Company owned rescue centre http://www.lionsrock.org Animals: Bears Animals: Bears Additional Information: Partnership with LAV. In 2014 LAV Animals: Big cats Ownership/Affiliation: EARS partner and Vier Pfoten Additional Information: They host former circus bears. bought 23 new hectares to double the size of the centre. Ownership/Affiliation: Vier Pfoten rescue centre rescue centre Developments of new infrastructures ongoing. Bärenwald Müritz Additional Information: It rescued 6 tigers from a German Additional Information: The rescue centre is supported by www.baerenwald-mueritz.de Centro Tutela e Ricerca Fauna Esotica circus and has circus animals that came from the Dutch Fondation Brigitte Bardot. Animals: Bears e Selvatica Mont Adone Felida project www.centrotutelafauna.org Ownership/Affiliation: EARS partner and Vier Pfoten rescue centre Animals: Parrots, Birds of Prey, Great Apes (Chimpanzees), France Spain Lions, Tigers, Old World Monkeys, Ungulates, other Elephanthaven Additional Information: They host former circus bears. AAP Primadomus Mammals http://www.elephanthaven.com https://www.aap.nl/en/primadomus-spain Gnadenhof für Bären in Bad Füssing Ownership/Affiliation: EARS partner Animals: Elephants http://gewerkschaft-fuer-tiere.de/gnadenhof-in-bad- Animals: Bears, Elephants, Great Apes, Lions, Tigers, Additional Information: No animals are hosted yet, as the fuessing.html Jaguars, Leopards, Pumas, Cheetah, Kanagroos, Wallabies, project is still in the planning phase. Kosovo New World Monkeys, Old World Monkeys, Prosimians, Animals: Bears Prishtina Bear Sanctuary Ungulates (Zebras, Hippopotamus), other Mammals Additional Information: They rescued the last German Refuge de l’Arche www.vier-pfoten.org Ownership/Affiliation: EARS partner circus bear last year and also other bears in the past http://www.refuge-arche.org Animals: Bears Animals: Bears, Parrots, Birds of Prey, Lions, Tigers, Raubkatzenasyl Ansbach Ownership/Affiliation: EARS partner and Vier Pfoten Spain Leopards, New World Monkeys, Old World Monkeys, http://www.raubkatzenasyl.de rescue centre Prosimians, Ungulates, Reptiles Fundaciò Mona Animals: Big cats www.fundacionmona.org Ownership/Affiliation: EARS partner Tierart The Netherlands Animals: Great Apes (Chimpanzees), Old World Monkeys http://www.tierart.de Tonga Terre D’Accueil AAP Rescue Centre for Exotic Animals Ownership/Affiliation: EARS partner Animals: Big cats https://www.aap.nl http://www.association-tonga.com Ownership/Affiliation: Vier Pfoten rescue centre Animals: Great Apes, Lions, Tigers, Jaguars, Leopards, Animals: Primates, Big cats UK Additional Information: They host one former circus tiger Pumas, Cheetah, Kangaroos, Wallabies, New World from Bulgaria. Lakeview Monkey Sanctuary Monkeys, Old World Monkeys, Prosimians, other Germany www.lakeviewmonkeysanctuary.com Mammals, Ungulates Tierschutzverein Keller-Ranch Animals: New World Monkeys, Old World Monkeys, Auffangstation für Reptilien Ownership/Affiliation: EARS partner http://www.kellers-ranch.de Prosimians https://www.reptilienauffangstation.de Animals: Primates Alertis Fund for Bear and Nature Conservation Ownership/Affiliation: EARS partner Animals: New World Monkeys, Old World Monkeys, other Ownership/Affiliation: Member of Deutscher http://www.alertis.nl Mammals, Reptiles Tierschutzbund Wild Futures Animals: Bears Ownership/Affiliation: Member of Deutscher www.wildfutures.org Tierschutzbund Additional Information: They rescued several apes (for Ownership/Affiliation: EARS partner example some Barbary macaques from circus Alberti) and Animals: New World Monkeys Additional Information: They rescued a circus alligator Felida also llamas and a dromedary from circuses. Ownership/Affiliation: EARS partner that was confiscated in 2015. They could provide shelter www.felidabigcats.nl for small exotic mammals Animals: Big cats Greece Ukraine Anholter Bärenwald Ownership/Affiliation: Vier Pfoten rescue centre http://www.baeren-anholt.de Arcturos Environmental Centre Bear Sanctuary Nadiya www.arcturos.gr Stichting Leeuw http://www.vier-pfoten.org/en/projects/bears/bears- Animals: Bears Animals: Bears http://www.stichtingleeuw.nl in-ukraine/bear-cub-bodia-in-four-paws-bear-rescue- Ownership/Affiliation: Rescue centre of International Bear centre-nadiya/ Ownership/Affiliation: EARS partner Animals: Big cats Federation (IBF) and Deutscher Tierschutzbund Animals: Bears Additional Information: They host former circus bears as Ownership/Affiliation: Vier Pfoten rescue centre well as rescued bears from zoos and private owners Romania Italy Additional Information: They host former circus bears LiBearty Rezervatia de Ursi Bärenpark Schwarzwald Centro Recupero Animali Selvatici www.ampbears.ro https://www.baer.de/projekte/alternativer-wolf-und- Esotici di Semproniano baerenpark-schwarzwald Animals: Bears http://www.regione.toscana.it/-/centri-di- Animals: Bears conservazione-ex-situ-della-fauna-e-della-flora- Ownership/Affiliation: EARS partner Additional Information: They host former circus bears. selvatica-art-9-lr-56-00- Additional Information: They host former circus bears 24 WILD ANIMALS IN EU CIRCUSES Problems, Risks and Solutions 25
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