Document type : article published in Médecine & Chirurgie Animales – Animaux de compagnie
NDR·: Rappel suite à la mise en œuvre le 1er octobre 2022 du «·certificat d’engagement et de connaissance·» pour les acquéreurs d’un animal de compagnie tel que prévu dans le décret 2022-1012 du 18 juillet 2022 relatif à la protection des animaux de compagnie et des équidés contre la maltraitance animale.
Author: Tamara Guelton
Preview: On November 30, 2021, the law to combat animal abuse and strengthen the bond between animals and humans came into force. This new legislation marks a turning point in French society considers animals and was the logical cosequence of the modification of the Civil Code in 2015 that recognized animals as living beings endowed with feelings.
This law is divided into 3 parts as follows:
- a first chapter that frames more strictly "the conditions for the keeping of companion animals and equidae";
- a second chapter relating to the "strengthening of sanctions in the fight against the ill-treatment of companion animals";
- last, a third chapter intended to put an end to "the captivity of wild species for commercial purposes".
In the first section, the 3 main areas of application require responsibility training for future purchasers of domestic animals, the need for awareness-raising in as many people as possible and, last, improved supervision of those involved.
Regarding the responsibility of future owners, it will no longer be possible to acquire an equine or pet animal without having first been made aware of its needs and the particular characteristics of its species.
Indeed, a certificate of knowledge will be compulsory for future owners of equidae and a certificate of commitment and knowledge for future owners of pets, which must be submitted at least 7 days before the acquisition.
The certificates' contents and their conditions of issue must now be fixed by decree.
The elaboration of these regulations will be the subject of working meetings initiated by the Ministry of Agriculture and, more precisely, by the Directorate General for Food, in which those involved in each sector will participate, along with animal protection associations.
Similarly, a positive list of non-domestic species that may be kept as pets will be established, thus making it possible to define the conditions under which a future buyer will have to house them.
This list will be revised every 3 years and must also be the subject of an executive decree.
With regard to the awareness of the general public, veterinarians will have a major part to play, in particular by informing their clients, through a notice dispayed on their premises, of the requirement to identify domestic carnivores.
Indeed, we should recall that, since 1999, the identification of dogs, cats and ferrets has been mandatory, to be carried out at the latest at the age of 4 months for dogs, 7 months for cats or at the time of their transfer of ownership, whether for a fee or free of charge, i.e. from 8 weeks old for dogs and cats (article L212-10 of the Rural Code).
An awareness-raising campaign on animal welfare is also planned in lower, middle and upper schools, and will also be carried out as part of French National Service.
Last, on the supervision of those involved, the law has now provided a legal definition for foster families, and a legal existence to animal protection associations without shelters.
In the case of animal sales, the law also prohibits the sale of dogs and cats in pet shops by 2024. Only non-canine pets will still be able to be sold, on condition that they must not be displayed on a public thoroughfare.
Last, a prohibition in principle of online ownership transfers (through classified advertisements) was foreseen in the law, but exemptions were however permitted that would allow better supervision of these publications, these last being permissible only for professionals on dedicated supervised sites.
The law also introduces the concept of animal welfare in the training of pound staff.
In the second part of this law, we see a major advance in the strengthening of legal sanctions against acts of cruelty, serious abuse, sexual abuse and abandonment committed against animals.
One introduction is to distinguish between offences by creating the offence of sexual abuse.
The penalty has now been raised to up to 3 years' imprisonment and a fine of 45 000 €, rising to 5 years' imprisonment and a 75 000 € fine when the abuse has led to the death of the animal.
Complicity in these acts also becomes punishable.
A further introduction is the removal of professional confidentiality for veterinarians; whereas it was previously only possible in France to report abuse to local authorities in the form of the DDPPs, veterinarians may now report ill-treatment and/or serious, sexual abuse committed against animals to the public prosecutor, increasing the number ways to be heard (article 226-14 of the Penal code)
Last, in its third chapter, the law brings an end to the exploitation of certain wild animals for commercial purposes. Thus, the presence of wild animals in circuses (deadline: 7 years), as well as dolphinariums (deadline: 5 years) will now be prohibited. The farming of mink for fur (immediate), bear and wolf shows, as well as the showing of animals in nightclubs and during private events are also prohibited.
Declaration of interest: T. Guelton declares that she has an interest in the SPA (as head of its legal department for animal protection).
