Document type : Written answer from the European Commission
Authors: Question: Asger Christensen (Renew). Answer: Ms Kyriakides on behalf of the European Commission
Question:
The EU has adopted a number of regulations and directives to protect animals. EU legislation on animal welfare has been implemented in all Member States.
1. Is it possible for Member States to deviate from EU animal welfare legislation in selected areas?
2. Does the Commission consider that animals that are fenced in can be categorised as wild animals?
3. Does the Commission believe that animals that are fenced in should be subject to the same animal welfare rules as, for example, farm animals?
Answer :The welfare of wild EU animal welfare legislation for farmed animals consists of two Regulations and five Directives laying down common minimum standardsbr />
In addition to this legislation, Member States are allowed to establish, or maintain, stricter national rules in certain areas[2]. The welfare of wild animals remains under the sole competence of the Member States.
The term ‘wild animal’ may have different meaning in EU legislation. For example, animals belonging to species that are not domesticated and are normally living in the wild can be considered as wild animals also if they are fenced in[3].
Animal health legislation, on the other hand, defines wild animals as animals which are not kept by humans[4]. Animal welfare legislation follows the latter approach by excluding animals living in the wild from its scope[5].
The reply to question 2, therefore, is positive, depending of course on the understanding of the term and/or on the type of the fenced area.
The Commission’s view is that animal welfare rules should take into account the conditions under which animals are kept. Therefore, welfare requirements for animals kept in fenced areas may differ from those for animals kept under other conditions. remains the sole responsibility of the Member States.
