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
Austria
Yes (Wild)
Belgium
Yes
Bulgaria
Yes
Croatia
Yes (Wild)
Cyprus
Yes (All)
Czech Republic
Yes
Denmark
England
Estonia
Yes
Finland
Yes
France
Germany
Greece
Yes (All)
Hungary
Yes
Ireland
Italy
Latvia
Yes
Lithuania
Luxembourg
Malta
Yes (All)
Netherlands
Yes
Northern Ireland
Poland
Yes
Portugal
Yes
Romania
Scotland
Slovakia
Slovenia
Yes (Wild)
Spain
Yes
Sweden
Yes
Wales
*Wales has committed to join with England if a ban is introduced there
Commitment to
ban
Full Ban with ability
for full exemption
No Ban
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes*
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: [email protected]