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BELGIUM

The EU Zoo Inquiry 2011

An evaluation of the implementation and enforcement of EC Directive 1999/22

Following the meeting with the Competent Authorities in Belgium, pre Report publication, it has become necessary to clarify the following: 

1. As explained in the Report,  “The EU Zoo Inquiry 2011” project was established to evaluate the implementation and enforcement of the EC Directive 1999/22 (relating to the keeping of wild animals in zoos), its transposition into national law, national enforcement of that law and the status and performance of zoos.

Evaluation was undertaken using the Standard Assessment Protocol (www.euzooinquiry.eu), which was adapted for each country investigation to ensure accurate assessment that took into account the legal requirements of national law, as well as European law. Equally, animal welfare was assessed against the requirements of Belgian law, Royal Decree 14/08/1986, Royal Decree 10/08/1998 and the species-specific minimum standards for the keeping of mammals, birds and reptiles in zoos. The Animal Protection Ordinance of Switzerland, Tierschutzverordnung 2008 (APOS) was only used as a best practice ‘control’ in all the country investigations and was not part of the overall assessment of zoo performance.

Taking into consideration the identified and explained constraints of the project (www.euzooinquiry.eu), as well as the information available, the authors believe the report to be an accurate assessment of the situation.

2. It is acknowledged that definitions for “circus”, “travelling exposition” and “pet shop”, as referred to in Royal Decree 10/08/1998 are contained in other subsequent legislation, namely Royal Decree 02/09/2005, and in relation to the “pet shop” in Article 3(5) of Royal Decree 14/08/1986. However, no clarity is given to these facilities, which are exempt from zoo regulation, in the Royal Decree 10/08/1998.

3. The authors acknowledge that since the assessment of the selected zoos, improvements have been made to the previously poor conditions identified at Serpentarium as a result of intervention by the competent authorities. This news is welcomed. 

4. Whilst the authors acknowledge that Zoo Antwerpen may well be undertaking more conservation projects than those reported in the Report, it must be recognised that the zoo chose not to respond to the opportunity to report on its activities (through the Standard Zoo Questionnaire). The investigation was therefore only able to review information openly available in scientific journals, EAZA membership literature and online. In order to ensure the public is appropriately informed about the role of zoos in conservation, scientific research, etc., zoos should seek to ensure such information and detail is readily available. 

5. Recommendations provided by the authors in The EU Zoo Inquiry 2011 reports are not necessarily in response to any identified inaccuracies and inconsistencies in the application of the national law. In fact their aim is to provide recommendations for the improvement of zoo regulation in EU Member States, based upon the overall findings of The EU Zoo Inquiry 2011 project across 21 EU Member States.

6. The authors welcome the news that two panels of experts are currently reviewing the Belgian zoo legislation. This apparently includes the revision of the minimum standards for the keeping of mammals in zoos, with a focus on environmental enrichment and furthermore, the revision of the minimum standards for the keeping of dolphins in zoos. It is hoped that the Competent Authorities will consider the concerns raised within The EU Zoo Inquiry 2011 report.

Discussions with the Department for Animal Welfare and CITES (DAWC) and the Department for Inspection of Animal Welfare and CITES (DIAWC) have raised concerns over the implementation and enforcement of Royal Decree 10/08/1998 and the related legislation, on the news that these competencies will be the responsibility of regional governments. The current political landscape in Belgium means that its future application remains uncertain.

For more information about The EU Zoo Inquiry 2011, please contact Daniel Turner, Project Manager at daniel@bornfree.org.uk