L 94/24 Official Journal of the European Communities 9.4.1999 COUNCIL DIRECTIVE 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 130s(1) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the Economic and Social Committee ('), Acting in accordance with the procedure laid down in Atrticle 189¢ of the Treaty (3), Whereas Council Regulation (EEC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (°) requires evidence of the availability of adequate facilities for the accomoda- tion and care of live specimens of a great many species before their importation into the Community is author- ised; whereas that Regulation prohibits the display to the public for commercial purposes of specimens of species listed in Annex A thereof unless a specific exemption was granted for education, research or breeding purposes; Whereas Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(*), and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (%), prohibit the capture and keeping of and trade in a great number of species, whilst providing for exemptions for specific reasons, such as research and education, repopulation, reintroduction and breeding; Whereas the proper implementation of existing and future Community legislation on the conservation of wild fauna and the need to ensure that zoos adequately fulfil their important role in the conservation of species, public education, and/or scientific research make it necessary to provide a common basis for Member States’ legislation with regard to the licensing and inspection of zoos, the keeping of animals in zoos, the training of staff and the education of the visiting public; () OJ C 204, 15.7.1996, p. 63. (3) Opinion of the European Parliament of 29 January 1998. (O] C 56, 23.2.1998, p. 34), Council Common Position of 20 July 1998 (OJ C 364, 25.11.1998, p. 9), and Decision of the Euro- pean Parliament of 10 February 1999 (not yet published in the Official Journal). () OJ L 61, 33.1997, p. 1. Regulation as last amended by Commission Regulation (EC) No 2307/97 (OJ L 325, 27.11.1997, p. 1). (*) OJ L 103, 254.1979, p. 1. Directive as last amended by Directive 97/49/EC (O] L 223,. 13.8.1997, p. 9). () OJ L 206, 22.7.1992, p. 7. Directive as last amended by Commission Directive 97/62/EC (O] L 305, 8.11.1997, p. 42). Whereas action at the Community level is required in order to have zoos throughout the Community contri- buting to the conservation of biodiversity in accordance with the Community’s obligation to adopt measures for ex sity conservation under Article 9 of the Convention on Biological Diversity; Whereas a number of organisations such as the European Association of Zoos and Aquaria have produced guide- lines for the care and accomodation of animals in zoos which could, where appropriate, assist in the development and adoption of national standards, HAS ADOPTED THIS DIRECTIVE: Article 1 Aim The objectives of this Directive are to protect wild fauna and to conserve biodiversity by providing for the adoption of measures by Member States for the licensing and inspection of zoos in the Community, thereby strength- ening the role of zoos in the conservation of biodiversity. Article 2 Definition For the purpose of this Directive, ‘zoos’ means all perma- nent establishments where animals of wild species are kept for exhibition to the public for 7 or more days a year, with the exception of circuses, pet shops and establish- ments which Member States exempt from the require- ments of this Directive on the grounds that they do not exhibit a significant number of animals or species to the public and that the exemption will not jeopardise the objectives of this Directive. Article 3 Requirements applicable to zoos Member States shall take measures under Articles 4, 5, 6 and 7 to ensure all zoos implement the following conser- vation measures: