Answer given by Ms Kyriakides on behalf of the European Commission

28.2.2022

EU animal welfare legislation for farmed animals consists of two Regulations and five Directives laying down common minimum standards[1].

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.

• [1] Regulation (EU) No 1/2005, Regulation (EU) No 1099/2009, Council Directive 98/58/EC, Council Directive 1999/74/EC, Council Directive 2007/43/EC, Council Directive 2008/119/EC and Council Directive 2008/120/EC.
• [2] For example Council Regulation (EU) No 1/2005, Article 1 Paragraph 3, Council Directive 98/58/EC, Article 10 Paragraph 2, Council Regulation (EC) No 1099/2009, Article 26, and Directive 2010/63/EU of the European Parliament and of the Council, Article 2.
• [3] Regulation (EC) No 853/2004, Annex I No 1.5. defines ‘wild game’ as ‘wild ungulates (hoofed animal) and lagomorphs ( eg. Rabbits, hares) , as well as other land mammals that are hunted for human consumption and are considered to be wild game under the applicable law in the Member State concerned, including mammals living in enclosed territory under conditions of freedom similar to those of wild game’ (…).”.
• [4] Article 4 No 8 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (Animal Health Law) OJ L 84, 31.3.2016, p. 1‐208.
• [5] Article 1 paragraph 2 (b). Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes.