Welfare of held animals: amendment of the positive list for species of mammal which may be held.

Proposed decree on the designation of species of mammal which may be held

Under Article 2.2, first paragraph of the Animals Act [Wet dieren], is it prohibited to hold animals belonging to species not designated by the Minister. Article 1.4 of the Animal Holders Decree [Besluit houders van dieren] stipulates that the ban referred to in the previous sentence applies to the holding of mammalian species only. It also lists the criteria applied when assessing whether a certain animal species can be included in the list of species of mammal which may be held. These criteria primarily relate to the protection of the welfare and health of held animals, but also the protection of nature and the health and safety of animal holders. In the Andibel judgment of the Court of Justice of the European Union (Case C-219/07), the Court laid down that an application to have an animal species included in the list of species of mammal which may be held may be refused only on the basis of an assessment established on the basis of the most reliable scientific data available and the most recent results of international research (paragraph 37).

In 2014, a list of mammalian species held in the Netherlands was created. These species were assessed by an expert committee. Applications to have other animal species included in the list may also be submitted.

Animal species that are currently used as animals held for production purposes, as well as dogs and cats, are also included in the list.

The Animals Holders Order [Regeling houders van dieren] states that until a decision has been made as to whether an animal species is to be included in the list, holders of said species are exempt from the ban. Once a decision has been made that the animal species in question may not be held, those who own animals belonging to this species may hold them until they die. The animals may be traded but not used for breeding purposes. Transporters and traders transporting animal species which may not be held to and from Dutch seaports and airports as part of their business activities may hold said species in the Netherlands for up to four days. Zoos, animal shelters, animal-testing centres and practising veterinarians are exempt from the ban if they hold animals not belonging to the species which may be held in order to attain their objectives or carry out their profession, such as veterinary treatment.

Holding animals belonging to the species of mammal which may not be held, including species of mammal which have not been listed, shall be banned once the proposed decree has entered into force. However, it will still be possible to submit an application to have an animal species which may not be held included in the list. The uniform public preparatory procedure of the General Administrative Law Act [Algemene wet bestuursrecht] shall apply when processing said application; applicants and other relevant parties may submit opinions on the basis of a published proposed decision, and may lodge an appeal with the court if they do not agree with the final decision. The proposed decree defining the positive list is hereby notified.