The Legal Status of Wild Animals in European Circuses Seeking a common legislative approach Liz Tyson LLB (Hons) AFOCAE PhD Candidate University of Essex (School of Law)
Overview of current situation Use of wild animals in circuses regulated predominantly at Member State level. Bans introduced on grounds of animal welfare, conservation of biodiversity or ethics. 19 EU Member States* have taken some action 6 full bans (wild or all animals) 12 partial bans 1 full ban but with opportunity for full exemption *England, Scotland, Wales and Northern Ireland counted as separate countries
Which countries have acted? Country Full Ban Partial Ban Commitment to ban Full Ban with ability for full exemption No Ban Austria (Wild) Belgium Bulgaria Croatia (Wild) Cyprus (All) Czech Republic Denmark England Estonia Finland France Germany Greece (All) Hungary Ireland Italy Latvia Lithuania Luxembourg Malta (All) Netherlands Northern Ireland Poland Portugal Romania Scotland Slovakia Slovenia (Wild) Spain Sweden Wales * *Wales has committed to join with England if a ban is introduced there
Types of restriction Full ban (ie: Malta, Greece, Austria) Ban on wild mammals (ie: Bulgaria, Netherlands) Ban on wild-caught animals (ie: Estonia) Full ban with potential for complete exemption (Denmark) Licensing of wild animal circuses (ie: England) Regional ban (ie: Cataluña Spain) All but complete bans lead to loopholes and limit impact on the ground.
Council Regulation 1739/2005 EC Regulation to control and monitor movement of circus animals in the EU. Concerns over efficacy of implementation Examples of animals being moved within the EU without relevant permissions/paperwork (ie: France Spain 2014) Examples of animals being moved into the EU without relevant permissions (Morocco France 2013) Correspondence with Member State officials suggests that authorities are under-resourced to deal with even these minimal measures.
Directive 1999/22 EC (The EC Zoo Directive) All zoos operating in the EU must seek to meet the biological needs of the wild animals held by them in the interests of conservation of biological diversity. All zoos operating in the EU must put in place measures to prevent the escape of animals in order to avoid possible ecological threats to indigenous species and prevent the intrusion of pests and vermin. No such demands are placed on circuses, which hold many of the same species of animal. Elephants contained by an electric fence in Ireland 2012. An elephant escaped from this makeshift enclosure.
Safety failures with tragic consequences In June 2015, an elephant escaped from Circus Luna in Germany and trampled and killed man who was out walking nearby. On September 9th 2013, an elderly man in France was killed after an elephant escaped from the Cirque d Europe and trampled him to death. The man, who was not an audience member at the circus, was allegedly attacked after the elephant, Tanya, broke through two barriers to escape the circus, which was performing in a Paris suburb. In 2012, a visitor to the Courtney Brothers Circus in Ireland was hospitalised after an elephant fell on him and crushed him. The visitor spent time in intensive care and made a full recovery. The accident followed the escape of another elephant from the same circus less than a week previously.
What can be done? The EC does not have competency to introduce legislation on grounds of animal welfare alone. The EC does have competency in areas which are impacted by the ongoing operation of circuses using wild animals, namely: Conservation of biodiversity Prevention of disease spread Public health and safety The EC could consider: A resolution in support of bans at Member State level The production and promotion of legislative guidance to support Member States in implementing such bans Other appropriate means to ensure that the issue is effectively remedied for the sake of animal and human health, safety and wellbeing.
Thank you Contact: ectyso@essex.ac.uk