Document type : article published in Le Monde
Author: Mathilde Gérard
Preview: The French Council of State has been asked to rule on the lack of a legal implementation order for an article in the EGalim Act on chicken farm buildings.
While still just a candidate for the Presidency of the Republic, in February 2017, Emmanuel Macron promised that he would, if elected, "put an end to battery farming for laying hens". With less than a year left in office, almost one in two laying hens (47%) are still kept in cages in France, even though the proportion is decreasing year on year.
While this change owes more to the actions of consumers and large retailers - who are gradually turning away from cage systems - than it does to political action, the French Parliament did nevertheless act in this area. As part of the review of the Agriculture and Food Act (EGalim) in 2018, parliamentarians voted to ban the construction or refurbishment of cage buildings for laying hens.
The aim of this moratorium was to facilitate the transition to alternative farming methods without penalising established farmers. Article L214-11 of the Rural and Maritime Fishing Code, which contains this measure, still needed to be translated into a formal decree but, two and a half years after the law was promulgated, this has still not been published.
In the view of the French branch of Compassion in World Farming (CIWF), which has lodged an appeal with the Council of State, the absence of a decree is tantamount to failure to comply with the law. "This legal vacuum constitutes a lack of action on the part of the French state which is allowing the situation fester," says Agathe Gignoux, CIWF's public affairs officer.
Absence of a decree
In their response to the NGO's request, the French Ministry of Agriculture stated that a decree was not required for the law to be applicable as "the planned ban is sufficiently clear". However, in her conclusions presented on Friday 7 May, during the Council of State's hearing on the matter, it was the view of the public rapporteur that 'the publication of a decree is a necessary condition for the application of Article L214-11, as reference to the regulation alone is not sufficient'.
The rapporteur reminded the Council in particular that, during the examination of the text in the Assembly and the Senate, the notion of 'building refurbishment' had been particularly debated by the legislators and that the latter had decided that its clarification should be the subject of a decree. This decree should specify the scope of the improvements involved and, for example, distinguish the case of a farmer who has to make repairs from one who has chosen to invest in structural improvements to his/her building.
The public rapporteur also stressed that the absence of a decree, more than two and a half years after the promulgation of the law, exceeded the timeframe defined by a "reasonable period of time": "There are no circumstances that justify this delay", she noted. In her conclusions, the rapporteur proposes that the Council of State, which will issue its decision in the coming weeks, should order the government to issue a decree within six months, with a fine of 200 euros per day for late delivery.
"It is very positive that the rapporteur should recognise the need for an implementation degree: it proves that we were right in making the appeal," said Agathe Gignoux in response. We now hope that the Council of State's ruling will follow on from these conclusions, and we will continue to press for an implementing decree that allows no exceptions to the moratorium adopted as part of the EGalim Act. »
An "indispensable" article of law
Seven other associations joined CIWF to lodge the appeal, including Welfarm, the Fondation Brigitte Bardot and the Société protectrice des animaux (SPA). "It is important to remember the spirit in which the EGalim Act was passed," continues Nikita Bachelard of the Fondation Droit animal (LFDA), which also supports CIWF's action. This small Article on housing for laying hen was the result of a parliamentary amendment. It was intended to enable a phasing out of cage rearing. »
"We still have 28 million caged laying hens in France, which is at the upper end of the scale for Europe, whereas other countries are moving forward much faster," says Agathe Gignoux.
The Association reminds us that in 2012, to comply with a European directive on "fitted cages", many French farmers had carried out extensive work to comply with this regulation. These investments subsequently acted as a brake on the transition to cage-free. "We don't want to repeat this mistake by allowing fresh investments in cages," Nikita Bachelard concludes. Even if "there is nothing revolutionary in the article in the EGalim Act - it only prohibits rearrangements - it is essential. We still have 28 million caged laying hens in France, which is the European average, while other countries are moving much faster," insists Agathe Gignoux. Germany in particular will ban cages completely by 2025. For the head of CIWF, "getting out of a cage system is the basis".
Cages are recognised as the rearing method that is furthest removed from the natural needs of poultry, and can lead to behavioural problems, risk of injury and diseases linked to the very high densities. There is, however, a wide range of alternatives available, from enclosed barn rearing systems with different levels of environmental enrichment (perches, scratching posts, access to a "winter garden", etc.) to free-range, "red label" or organic farming.
Backed by 170 organisations, a European citizens' initiative calling for an end to cages in EU farms had attracted over 1.4 million signatures between September 2018 and September 2019. At a public hearing on this subject held by the European Parliament in mid-April, EU Agriculture Commissioner Janusz Wojciechowski gave his "full support [to this initiative] to implement this transformation". The Commission has yet to give its formal response, which is expected in the coming weeks.
