More protection of animals and public health and prevention of epidemics and pandemics. Stop the importation of bats, possession of poisonous spiders and reproduction of tigers and lions and other exotic animals in Italy. Pending the new government, the Minister of Health Speranza issues the “positive list” that will give the second “crackdown” necessary against mistreatment and the spread of zoonoses. On 27 September the three laws concerning animals, exotic and wild, the legislative decrees 134, 135 and 136 of 5 August 2022, published on 12 September in the Official Gazette and in force from today, come into force. Here are the main contents.
The positive list and the negative list. In Articles 4 and 5, Legislative Decree 135 provides for the issuing of two implementing ministerial decrees: the ministerial decree provided for in Article 5 is the responsibility of the Minister of Health who, by October 27, will have to draw up the so-called ‘positive list’, as already adopted or in the process of being adopted in six other EU countries, which must be drawn up on the basis of health risk, biodiversity or compatibility with detention in captivity for behavioral, physical, biological, ethological reasons. The positive list, contrary to the current situation, will include only the few animal species that can still be traded and held in Italy. The other ministerial decree, set forth in article 4, will instead have to see the light by March 27, 2023 signed by the Minister of Ecological Transition, and will draw up the so-called ‘negative list’ which will expand the number of species already prohibited, from primates to big cats such as tigers and lions, to other large mammals such as elephants, and then to poisonous, stinging, toxic insects, reptiles and amphibians, ” all species that constitute a danger to health and public safety or to biodiversity as well as hybrids between specimens of the aforementioned species and other wild species or domestic forms and their subsequent generations “.
The new rules also provide that anyone who owns one of the animals of the prohibited species will not be able to reproduce it but will be able to keep it until the end of its natural life. Owners must report their presence in the Prefecture within 90 days from the date of entry into force of the decree of the Minister of Ecological Transition which will contain the so-called ‘negative list’. The shops have until September 27, 2023 for compliance, the animals must be identified and the operators trained. Circuses and traveling faunal exhibitions will not be able to reproduce animals of the species prohibited by the negative list and will not be able to acquire others. It is foreseen that these animal protection rules will also be applied to hybrids, regardless of the generations of crossbreeding. Therefore, ‘chimeras’ such as ligers (cross between lion and tiger), savannah (cross between domestic cats and leopard-serval), or between different subspecies of tigers, today the most present in Italian circuses, will be prohibited.
In case of violationi the confiscation of animals is always ordered, and therefore they can always be saved, ” even if no criminal conviction has been pronounced or a pecuniary administrative sanction has not been applied ”, as well as the arrest of up to six months or a fine from 20 thousand to 150 thousand euros. Anyone who illegally trades in protected species will be sanctioned “unless the fact constitutes a more serious crime” thanks to the integration of article 727-bis of the Criminal Code with “arrest from two to eight months and with a fine of up to 10 thousand euros” . A single one is made national registry of dogs and cats as well as the structures and operators who hold them for any reason and all other animals – even those formerly “income” – must be identified and registered in the National Database also to carry out greater and more effective checks on their conditions and the structures that host them. Mandatory identification and veterinary certification of animals for sale also via internet. These three laws represent, for the Lav, an important first change for animals, for the exotic and wild.
“We are talking about almost 5 million lives that every year according to official data are currently traded and held in captivity in cages, display cases, tubs, garages and closets of Italian homes – Lav says – It is an important result, a great goal achieved with the #acasaloro campaign and which could be even better with the implementing decree of the Minister of Health to be issued within a month from today ».
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