Document type: Written answer from the European Commission
Authors: question: Emmanouil Fragkos (ECR). Answer: Ms Kyriakides on behalf of the European Commission
Question: Protection of professional conjurers from arbitrary interpretation of animal welfare legislation
Professional conjurers are included in the register of cultural organisations kept by the Ministry of Culture and are regarded as part of the Greek cultural heritage. In addition, they contribute to children’s emotional development.
While doves and rabbits have traditionally been part of their act, a narrow interpretation of animal welfare laws, 4039/2012 and 4830/2021 means fines of between EUR 20 000 and EUR 30 000 per animal and prison sentences of between two and ten years.
Unfortunately, conjurers tend to be associated with circuses, where animal abuse does occur.
However, the fact that doves, although free to fly away, choose to remain in the conjurer’s hands shows that they feel safe and secure with the person caring for them..
The ban on the use of animals in Greece is effectively detracting from the conjurer’s art, restricting freedom of artistic expression and running counter to the principle of proportionality. Indeed, arbitrary interpretation by certain individuals of the relevant legislation is resulting in a restrictive set of rules that are basically defeating the principal object, which is animal protection.
Such overzealous enforcement of the letter of Greek law is by no means in line with the spirit thereof and is imposing unnecessary restrictions on the professional activity in question, while the use of these animals is permitted in most other countries of Europe and the world..
In view of this:
Can the Commission say whether it intends to cooperate with the Member States in seeking to harmonise the relevant legislation throughout the internal market?
Answer: Article 13 of the Treaty on the Functioning of the European Union, which requires full regard for the welfare requirements of animals when formulating and implementing specific EU policies, does not provide a general legal basis permitting to address all animal welfare issues.
For that reason, legislative action at EU level regarding animal welfare focuses on specific fields of EU competence such as farming, transport and slaughter. However, EU legislation does not include general rules on the welfare of animals involved in activities such as spectacles performed by professional conjurers..
In light of the above, the Commission is not considering taking initiatives in this area.
