Public policy

In every EU country a ban on wild animals in entertainment is important, because it prevents a lot of animal suffering and also protects public safety. A number of EU countries, including Germany, do not yet have a ban. It is very important that Germany also imposes this ban, because the circus industry there is large. There are 75 German circuses operating with more than 150 wild animals, and other European circuses with wild animals are also still welcome to perform in Germany. Also, by far the most incidents involving wild circus animals happen in Germany. Between 1995 and 2019, no fewer than 202 incidents were reported there, involving 437 wild circus animals. In addition, Germany is a significant country within the European Union. With their support for the ban, we can also more easily reach our final goal: an EU ban on wild animals in circuses.

In addition to our commitment to ending the use of wild animals in circuses across Europe, we also speak out against the use of wild animals in other forms of entertainment, such as in movies, TV shows, commercials and on social media. For example, we call on TV channels not to use wild animals and confront Dutch celebrities when they have their picture taken with a wild animal. Every summer we also organize an ‘animal friendly travel’ campaign together with World Animal Protection and the SPOTS Foundation. In this way we make travelers aware of the suffering that lies behind tourist attractions with wild animals and we call on them to be extra vigilant.

Of the animals trafficked globally for their body parts, the pangolin is the most illegally trafficked species. In the past decade, an estimated 1 million pangolins have been poached for the illegal trafficking in their scales and body parts. Live endangered mammals also continue to be illegally trafficked and seized in Europe. For example, Barbary apes, white ear marmosets, tigers, caracals or pumas. It is very difficult to give exact numbers of illegally trafficked live animals. This is because the official figures of seizures in existing databases are not always complete or correctly entered, and because it is very likely that not all illegally trafficked animals are actually traced and seized.

The Barbary macaque, which is threatened with extinction, was for years the most confiscated mammal in the EU and also the illegally trafficked species that we saw most often in our rescue center. Because of this illegal trafficking, among other things, the number of Barbary macaques in the wild decreased dramatically. There are still less than 10,000 Barbary apes living in the wild, whereas in 1977 there were about 23,000. Fortunately, in 2016 we succeeded in giving the Barbary macaque the highest possible protection status within the CITES convention that regulates the international trade in endangered animal and plant species. Since then, we have been working within the Born to be Wild project to consolidate enforcement against the illegal trafficking in these animals. We do this by, among other things, organizing anti-poaching patrols in Ifrane National Park, where the last wild Barbary macaques live, and by training enforcement authorities.

The regulations regarding which animal species may be traded or kept as pets are vastly different in each EU country. For example, in the Netherlands it is forbidden to keep lions or monkeys as pets, while in Germany you are free to keep these animals if you observe the pertinent regulations.

EU countries with a positive list allow only those species that are safe and suitable to keep as pets, which is very effective, efficient and transparent. But most EU countries still work with negative lists, which only list a few prohibited species and allow all other animals to be traded and kept freely. These lists differ from country to country and only work reactively, not preventively.

The Netherlands is currently working on a positive list of permitted mammal species. Until the list comes into effect almost all mammals are still allowed to be kept as pets. However there is an obligation to report the purchase of exotic mammals which are not yet on the list of mammals known to be kept in the Netherlands. A number of mammal species are already prohibited in the Netherlands under existing nature conservation legislation. These include all primate species, wild felines, and invasive alien species, such as raccoons, raccoon dogs and Pallas’ squirrels. For a complete list of prohibited species, see ‘Other Animals for Sale’.

When it comes to animal welfare violations, law enforcement authorities have various administrative law and criminal law options. In most cases, administrative law enforcement is used. Examples are a written warning, an administrative fine, or taking the animal into custody. There is also the possibility of applying criminal sanctions. For example, the Public Prosecutor can decide to confiscate an animal or the criminal court can impose a ban on holding the animal. Which measure is applied depends on the facts and circumstances of the case.

Illegal possession of a wild animal (violation of the Nature Protection Act) can also be prosecuted under both administrative and criminal law. Again, the measure applied depends on the facts and circumstances of the case. These are choices made by law enforcement authorities on which we as AAP have no influence. AAP acts as a solution partner by offering temporary shelter to animals seized by law enforcement authorities.