A Positive List is expected to be one of the most comprehensive and effective ways to reduce the rise of exotic animal pets in Europe by harmonizing domestic law. 

Many countries already utilize “Negative Lists’, which list species that are not allowed in a country or to be kept as pets. A move towards a ‘Positive List’ is preferable as it allows for a concise, simplified list of what animals are allowed to be kept. These lists are shorter and require less revision over the years due to changing ownership trends, conservation status changes, and threats to human health are observed.  

The introduction of an EU wide positive list will have a significant impact on the trade of wild animals, including big cats, reptiles, and amphibians, into Member States. Currently, individual countries are implementing their own versions of a Positive List. However, not all lists are created equal, resulting in a disharmonized network of laws that confuse consumers and may allow gaps in regulation. Such gaps can allow for the import and domestic breeding of wild animals making it incredibly difficult to track how many wild species are being kept as pets within the EU. For example, Malta’s list only regulates pet shops and Italy’s does not include captive bred animals.  

Road so far:  

• EU Parliament has shown a positive commitment towards regulating the exotic pet trade by adopting a resolution on improving EU regulation through an EU-wide positive list. 
• EU PETI Committee called for an EU-Wide Positive List. 
• European Court of Justice ruled the Belgian Positive List did not violate EU free trade regulations. 
• Positive list was mentioned briefly in the Revised Wildlife Action Plan. 

An EU-Wide Positive List should restrict the private ownership of both wild and bred animals including mammals, reptiles, birds, and amphibians. A positive list should only include traditional pets including domesticated dogs, cats, certain rodent species, limited birds and reptiles.  

Some Member States have implemented national positive lists that meet this standard and can be used for guidance in the development of an EU-Wide list.  

Unlike a Negative list, a Positive list only provides the animals that a country allows private individuals to own. By their nature, these lists are shorter, updated less often, and clearer for individuals trying to understand what species they can keep as pets.  

This year FOUR PAWS will continue advocating for the implementation of an EU-wide Positive List that is comprehensive and harmonizes Member State laws to best protect animals and reduce the trend of keeping wild and exotic animals as companion animals. 

FOUR PAWS along with our partner organizations is calling for:  

1. A feasibility study by European Commission. The EU has a shocking gap in data on exotic pets and wild animals that are both imported into Member States and bred or traded internally. This study would not only provide the necessary data to showcase the true scope of the problem, but it would also explore the legal basis for which a Positive List is needed. This includes Article 114 of the TFEU which regulates internal market distortion, a problem that is already being presented as Member States implement national positive lists that vary widely in scope.
2. Have the provision for an EU positive list under the proposed Kept Animals Regulation as part of the Animal Welfare Revision. This could potentially extend the scope of the section pertaining to cats and dogs, to include all companion animals.