Document type : written answer published in the Journal officiel du Sénat
Authors: question: Jean-Louis Masson (Moselle - NI) Answer: Ministry of Agriculture and Food Sovereignty
Question: Not having received an answer from the previous government to his written question of September 16, 2021, Mr. Jean Louis Masson again draws the attention of the Minister of the Interior and Overseas Territories to the fact that a symposium on the subject of "The veterinarian as a professional guarantor of animal welfare" was held in the Senate on November 24, 2015. During this colloquium, the French veterinary order clearly reiterated the principle that "any slaughtered animal must be deprived of consciousness in an effective manner, prior to its slaughter". The European Veterinary Federation requires "stunning for all, without exception". However, ritual slaughter is authorized in France on the pretext of supporting religious practices that are extremely cruel and belong to another age. For example, the slaughter of a large bovine animal lasts from seven to ten minutes before the animal loses consciousness, a ghastly process. Ritual slaughter is in fact a regrettable derogation from the general rules of conventional slaughter, which require prior stunning of animals before bleeding (European Directive No. 93/119 and Article R. 214-70 of the Rural Code). Worse, some abattoirs no longer stun their animals, even though the meat produced is not exclusively intended for Jewish and Muslim consumers. This state of affairs, which is well known to the French authorities, is a violation of the rules governing the slaughter of animals for consumption. In response to a previous written question of September 28, 2017, though, the minister indicated that, in application of a decision of the Court of Justice of the European Union, ritual slaughter fell under the concept of a "religious rite" and within the scope of freedom of religion which, according to the minister's answer, did not allow for adequate measures to be taken. Nevertheless, several member countries of the European Union have banned the slaughter of animals for consumption by the cutting of the animals' throats while conscious. He asks why this ban should be considered compatible with European law in certain countries and not in France.
Answer: According to Council Regulation (EC) No. 1099/2009 of September 24, 2009 on the protection of animals at the time of killing, the stunning of animals is mandatory before slaughter or killing. However, when this practice is not compatible with the ritual requirements of the free exercise of religion, the same regulation provides for the possibility of a derogation from the requirement to stun the animal, under certain conditions. Through these provisions, the European Council wished to retain the derogation from the stunning of animals prior to slaughter, while leaving a certain degree of subsidiarity to each Member State. This is what the Court of Justice of the European Union referred to in its judgment of 17 December 2020, when it emphasized "that the European legislature intended to leave broad discretion to each Member State in the context of the need to reconcile the protection of the welfare of animals during slaughter with respect for the freedom to express one's religion". The slaughter of animals without prior stunning in France is governed by a prefectorial authorization provided for by Decree No. 2011-2006 of December 28, 2011. To avoid the risk of abuse in the practice of slaughter without stunning, derogation from the obligation of stunning is authorised only for abattoirs that provide evidence of the presence of equipment suitable for the immobilisation of the animal until it loses consciousness, duly-trained personnel authorized to carry out ritual slaughter, procedures guaranteeing appropriate rates and levels of hygiene, as well as a recording system that makes it possible to verify that slaughter without prior stunning is only practised where it is justified by a sale or commercial order. This derogation may be suspended or withdrawn by the State services in the event of disregard for or non-compliance with the conditions of the authorisation or with the provisions laid down in the regulations. France thus ensures, within a clear framework, that certifying bodies are able to meet all religious requirements. The government remains committed to the rights of all citizens in the context of compliance with the regulations in force. For this reason, the Ministry of Agriculture initiated, in July 2021, an "abattoir plan" for the strict application of regulatory requirements, including those concerning animal protection during ritual slaughter without stunning.
