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President of the Hellenic Parliament Mr. Philippos Petsalnikos Greece By e – mail: petsalnikos@parliament.gr Your letter / ref.: Our ref.:11-04-05 Date: 15-04-2011 Dear Mr. Philippos Petsalnikos The European Circus Association (ECA) is a non-profit organisation representing circus and festival owners and directors and animal trainers and presenters across Europe for the purpose of promoting and preserving circus arts and culture. With 125 members in more than twenty countries, as well as important associations with circus organisations, circus schools, and professional animal trainers associations within and beyond Europe, the ECA offers a perspective concerning legislative proposals that is based on both practical experience and the interests of the circus community as a whole, rather that the individual circus. We have been informed that the Ministry of Rural development and food proposed a new law that should forbid animals to perform in a circus. Such a ban will have a detrimental impact, not only on people and their animals but also on culture in your country and world wide. Circus is Culture In 2005 the European Parliament adopted a resolution that calls for further recognition of the classical circus, including the presentation of animals, as part of European culture. EP Resolution P6_TA(2005)0386. In response to the Parliament’s call for the European Commission and its Member States to undertake specific actions to further recognize circus as culture, the European Commission responded that it was already evident that circus is culture from the fact that circus receives funding under the Commission’s culture programme. European Commission Response to Challenges for Circus Report and Resolution (undated). Earlier this year, European Commissioner for Education, Training, Culture and Youth Ján Figel´ also stated that, while some countries regulate circus as a business activity, there was “no doubt in [his] mind that circus is part of Europe’s – and the world’s – cultural heritage.” Speech “Circus and the European Year on Creativity and Innovation”, 16 January 2009, Monaco. The Proposed Ban is Contrary to Independent Experts’ Findings An independent panel of academic and practicing experts, nominated by both the circus industry and activist organizations, was convened at the request of the U.K.’s environment department (DEFRA) in 2006. The remit of the panel was to review and assess scientific evidence to carry out the Government’s commitment to ban species of animals whose welfare needs could not be met in a traveling circus environment. Contrary to the expectations of the government, the panel of experts unanimously concluded that the evidence was insufficient to justify a ban of any species presented in U.K. circuses (at the time including elephants, tigers, lions, camels, zebras, reindeer, llamas, snakes, kangaroo, and crocodiles). The panel also concluded that: “Whilst it was accepted that animals kept in circuses were more confined than in the wild the opinion of most of the Panel was that this did not, necessarily, lead to adverse welfare.” Para. 5.3.4. “[A]lthough circus animals are transported regularly; there is no evidence that this, of its own nature, causes the animals’ welfare to be adversely affected.” Para. 5.4.3. “[T]here is little evidence that the health of circus animals is any better or worse than animals in other captive environments.” Para. 5.6.2 Report of the Chairman of the Circus Working Group, 20 November 2007. The Circus Working Group Chairman, a professor of law, concluded that, given the lack of scientific evidence, any ban brought forward by the government under existing legal authority would be vulnerable to legal challenge. Instead, the Chairman described a path forward in which the government could establish regulations for circus animals to provide greater certainty for the circus community and to respond to critics’ concerns by creating more transparency and accountability. Due to the findings of the Report, the government in Great Britain has not proposed any species bans. Instead, in 2008, the government commissioned a feasibility study by zoo and veterinary experts to identify the options with respect to regulatory approaches, including inspection systems. In June of 2009, Scotland, which has independent authority on animal welfare issues, announced that it also would not impose a ban on circus animals based on the findings of the independent panel of experts. Scottish Environment Secretary Richard Lochhead said the animal welfare law, which was revised in 2006, cannot be used to outlaw circus animals after an independent scientific report concluded there was no scientific evidence to show that the welfare needs of animals in circuses could not be met. Instead, Lochhead stated that regulations must be developed under the law for the purpose of securing the welfare of animals. On 27 July 2009, the Government of the Netherlands also released the conclusions of two studies conducted about circus animal welfare. The new reports released by the Department of Agriculture, Nature and Food Quality came to similar conclusions as the U.K. study, finding that keeping animals in a circus does not necessarily have a negative impact on their welfare. Based on the studies, Minister Gerda Verburg announced that the government would not pursue a ban but, instead, strict regulations to provide for animal welfare. The Minister also indicated interest in exploring possible cooperation in developing common standards with other European countries due to the fact that circuses travel internationally. Interactions with Animals Animals are not only part of the family for circus people, living together with their human partners in close proximity, but also represent significant investments in financial and human resources. Highly trained animals are critical to the lives and futures of the families that own, care for and present them. To prohibit the creation of progeny – including for legitimate and culturally significant circus performance - has both financial and cultural implications. Obviously it also restricts the animal from engaging in natural behaviours. The “Evidence” presented by Animal Rights Activists One of the main documents often used in opposition to the presentation of animals in the circus was created by Animal Defenders International. This U.K.-based organisation has brought its slogans, misinformation and half-truths to try to achieve in Portugal what it failed to do in the United Kingdom. The exact same claims and allegations were made by ADI and other UK organisations about circuses based in Great Britain. Notwithstanding the fact the three of the six members of the independent panel convened by the British government were selected by the activist and welfare organisations, the panel unanimously concluded that there was insufficient evidence to support the ban of any species of animals presented in British circuses. These same animals – for which there is no scientific evidence to justify the imposition of a ban – are on the list in the proposal put forward by government authorities in Portugal. Conclusion The proposed ban of animals in the circus far exceeds what is necessary to achieve any existing concerns about animal welfare. The ECA supports the development of workable regulations for circus animals wherever they are lacking and strict enforcement. The ECA presented a Model Regulation for the Care, Transport, and Presentation of Animals in the Circus to governments of several European countries. In this Model, the ECA recommends the creation of mandatory registration systems for circuses and animal acts (Article 13). The ECA Model also offers ideas for licensing and inspection of circuses and animal acts (Arts. 12, 15 and 16), as well as setting out proposed provisions for animal husbandry, medical care, transport, and training. In Article 10 of our Model, we have provided some text that would ensure that licensed trainers are involved in evaluating animals for use in any public interaction and that such activities take place under their supervision or that of experienced handlers under their direction. The Model also addresses safety issues, including requirements for enclosures. To supplement this, the ECA has provided the government with information and digital photos of standard safety devices commonly used by quality circuses throughout Europe that could be mandated in Portugal through regulations. Mandating that all circuses demonstrate that their equipment and operating procedures provide the necessary safeguards is easily done through the annual licensing/inspection system we suggest. The ECA also believes that the public wants to continue to have up-close and personal experiences with animals in zoos, petting farms and circuses, among other places, and that such encounters can enhance public appreciation for animals, increase awareness of issues related to the conservation of endangered species in the wild, and motivate conservation activity by the public. And it believes in the right of the circus community to continue pursuing their chosen professions and to create circus, including the presentation of animals. The ECA understands that there are good circuses and bad circuses; good zoos and bad zoos; good pet owners and bad pet owners. As always, the answer to any concerns about the animals involved are best handled by clear and effective regulations that are strictly enforced. The European Circus Association and its members remain at your disposal to engage further to move toward a more satisfactory regulatory system in Portugal that eliminates unsafe and undesired activities but that preserves the strong cultural tradition of the classical circus for this and future generations. With appreciation for your consideration of our views, Arie Oudenes Managing Director