Orca Morgan: MEPs question Commission on EU Certificates for intra-EU transfers that allow exemptions from the prohibitions laid down in Council Regulation (EC) No 338/97

Brussels, September 3, 2023 - Francisco Guerreiros together with other MEPs belonging to the European Parliament's Animal Welfare Intergroup have questioned the Commission about Morgan the orca, the only orca currently held in captivity in the EU at Loro Parque in Spain.

Read the question below:

Subject: EU certificates for intra-EU transfers allowing exemptions from the prohibitions laid down in Council Regulation (EC) No 338/97

Morgan, a free-born female orca, is the only orca currently held in captivity in the EU and, under Article 8(1) of Council Regulation (EC) No 338/97, enjoys protection as a specimen of a species listed in Annex A. Under Article 8(1), the public display for commercial purposes and the use for profit of specimens of species included in Annex A are prohibited.

In 2011, the Dutch authorities issued EU certificate 11NL114808/20 to Dolfinarium Harderwijk for the one-off transfer of Morgan to the marine park Loro Parque. This is a certificate valid for a specific transaction under Articles 11(4) and 48(1)(d) of Commission Regulation (EC) No 865/2006.

1. Does the Commission agree that box 1 of the certificate indicates Dolfinarium Harderwijk as the “holder” and that box 20 expresses the intention of the Dutch authorities to issue a certificate for a specific transaction?

2. Since the certificate states that it is “valid only for the holder indicated in box 1”, does the Commission agree that Loro Parque should be obliged to apply for a new certificate in order to be exempt from Article 8(1) of Council Regulation (EC) No 338/97 following the transfer and subsequent commercial use of the orca by Loro Parque?

3. Is the Commission aware of any EU certificate issued to Loro Parque allowing it to exhibit Morgan for commercial purposes and, if not, what does this mean about the application of Council Regulation (EC) No 338/97 regarding the protection to be granted to the only free-born orca covered by Annex A that is in captivity in the EU?

Read the Commission's response below:

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