The Brussels government approved at first reading the draft ordinance establishing the Brussels Animal Welfare Code. New regulations regarding the detention, trade, importation and even management of stray animals, all legislation surrounding animal protection is being reviewed. Discover the 10 key measures of the future Animal Welfare Code.

In the Brussels Region, there are more than 130,000 domestic animals and many wild animals. These are protected by a law dating from 1986. Nearly 40 years later, scientific knowledge has evolved and so have citizens’ concerns about the animal cause.

“Our relationship with animals has evolved. The place of animals has become a major societal issue. It was high time to dust off this 1986 law and adapt it to the reality in Brussels. The Code constitutes the largest reform in animal welfare. Its ambition is to ensure the protection and well-being of animals, taking into account their physiological and ethological needs,” explains Bernard Clerfayt.

To best define the priorities and areas of action of the Code, the Brussels Minister of Animal Welfare was able to count on the help of representatives of the sector and citizens. In 2021, the “Give us your voice” survey allowed 2,135 Brussels residents to participate in the development of this new legislation.

Detention, trade, transport, importation of animals… The future Code, comprising around a hundred articles, covers the entire life of the animal: from its birth to its death, including its adoption.

Focus on 10 key measures of the Code

  • The ban on keeping amphibians and wild animals


The objective is to avoid taking samples from the wild but also animal trafficking. Amphibians detained before the Code came into force may continue to be detained until their death.

  • The ban on selling live animals on markets


No more seeing rabbits, chickens, ducks or even sheep displayed in markets. This measure helps avoid impulsive acquisitions and also helps limit the stress of tossing around for the animals.

  • The establishment of a detention permit


This is not a measure comparable to that in force in Wallonia. There is no question of automatically issuing a keeping permit to any person without ensuring that they have sufficient knowledge to acquire an animal. In the Brussels Region, we will grant a permit for species with specific needs following recognized training or passing an exam.

  • All animals could be subject to an identification obligation


Currently, only cats and dogs are covered by this obligation. An expansion of identification will ensure better protection of all animals.

  • Animal interest work


If everyone knows about general interest work, few are informed about animal interest work. The objective is to educate citizens by giving them a work sentence in relation to the offense observed.

  • Failure to assist an animal in danger


Faced with the distress of an animal, we can no longer remain silent. Failure to assist an animal in danger will therefore be an offense punishable by a judge.

  • Possibility of using the “mystery shopper” technique


It is not always easy to identify the perpetrators of an animal welfare violation. This is especially true for classified ads on social media. This measure will allow any mandated person to pose as a potential client and gather the necessary information to identify the perpetrator of the offense.

  • Targeting the animal’s interests in divorce proceedings


During a separation, the question always arises of who will take care of the couple’s pet. While in some cases the answer is simple and a quick agreement is reached between the parties, this is not always the case. This is why this measure will allow the judge to base his decision on the best interests of the animal when entrusting its custody. The application of the right of ownership is particularly difficult to accept when a bond of affection has been established between the animal and the spouse who is not the owner, alternating custody could therefore be decided.

  • Establish the possibility for animals to rest alongside their master


For many Brussels residents, their pet is a full member of their family. Those who have expressed their wish will therefore be able to rest with the remains of their pet.

  • Principle of non-regression


This principle implies that we cannot reduce the level of protection achieved by the legislator. The objective set by the Brussels Region is therefore solely aimed at making progress by systematically improving the policy relating to the protection and welfare of animals.

“The majority of these measures have never been put in place in the country. This Code will therefore make Brussels a pioneering Region in terms of animal welfare. It is the fruit of long-term work based on collaboration and the common desire to redefine the foundations of animal protection in Brussels,” according to Minister Clerfayt.

The future Brussels Animal Welfare Code is now subject to the opinion of Brulocalis, Brupartners and the APD.