Document type: answers to Questions 3208 and 3072 published in the Journal officiel de la République française
Authors: questions: Ms Lisa Belluco (Vienne (1st constituency) - Écologiste et Social). Mr. Kévin Pfeffer (Moselle (6th constituency) - Rassemblement National). Answer: Ministry of Agriculture and Food Sovereignty
Question from Ms. Belluco: Ms. Lisa Belluco draws the attention of the Minister of Agriculture and Food Sovereignty to the application of Law no. 2021-1539 of November 30, 2021 aimed at combating animal mistreatment and strengthening the bond between animals and humans. A report by the Quatre Pattes association demonstrated several shortcomings in the application of the letter and spirit of this law. For example, offers to sell pets on certain social networks do not comply with the regulations applicable to the sale of pets online, notably because no prior control of the validity of ads is currently implemented, for example by Meta platforms. What's more, there are deceptive methods used by illegal sellers to evade detection by the authorities and platform moderation, such as publishing sales ads with succinct descriptions, which allow transactions to be conducted over private chat channels (messaging, phone calls). While article L. 214-8-2 of the French Rural and Maritime Fishing Code stipulates that any public communication service or advertiser authorizing the publication of offers for the sale of pets must implement a control system prior to the publication of each ad, the law does not provide for any specific control mechanism for platforms that do not authorize the publication of this type of offer, but whose users do not respect this prohibition. Public communication services and advertisers are left free to react to breaches of their terms and conditions. Article L. 214-6-3 of the French Rural and Maritime Fishing Code prohibits the sale of cats and dogs in pet shops, whether for valuable consideration or free of charge. Pet shops still hold these animals for sale, which contradicts the spirit of the law. What's more, the dematerialized showcases provided by pet shop websites continue to encourage compulsive purchases of animals that should no longer be sold in pet shops. This is why she is asking what she intends to do to enforce this law, both in spirit and in letter.
Question from M. Pfeffer: Mr. Kévin Pfeffer draws the attention of the Minister of Agriculture and Food Sovereignty to the sale of animals on the Internet. The entry into force of Ordinance no. 2015-1243 on the trade and protection of companion animals made it compulsory to declare, as a breeder, the first dog or cat sold. Law no. 2021-1539 aimed at combating animal mistreatment and strengthening the bond between animals and humans has tightened conditions relating to the legality of online offers to sell animals. This recent legislative framework has led to a drastic reduction in the number of animals being sold on the Internet, thus reinforcing the fight against trafficking and the responsibility of buyers. However, hundreds of fraudulent online advertisements are still escaping government control. He would therefore like to know what resources the government is deploying to ensure compliance with the current legislative framework, and whether it plans to introduce additional resources and controls to put an end to the trafficking and compulsive buying responsible for thousands of abandoned animals every year.
Answer: The government has for several years been committed to animal welfare, responding to a powerful and legitimate societal expectation, and it condemns all acts of abuse towards animals, whether by breeders, or in slaughter establishments or the home. To this end, since 2020 and thanks to the France Relance plan, more than 36 million euros have been granted to animal protection associations and veterinary medicine. Similarly, since the adoption of the law to combat animal abuse on November 30, 2021, four implementing decrees and six ministerial orders have been published, to enable the strengthening of training for employees in contact with pets, provision of information to new buyers, control of animal identification for online sales, as well as the strengthening of penalties for acts of abuse. To continue the momentum created by the Government, a plan dedicated to the welfare of companion animals was announced on May 22, 2024. Its national monitoring committee, chaired by the Minister for Agriculture, brings together four ministries, industry professionals and civil society players, to ensure that its actions are properly coordinated. For the government, the aim is to support and make the most of current and future initiatives in three areas: prevention and mitigation of pet abandonment, improving the management of canine and feline strays, and prevention and mitigation of pet abuse. To this end, it is constructed around concrete measures contributing to five key areas: understanding the situation and identifying levers for action; informing, questioning and training; facilitating synergies between players involved in animal protection; increasing the protection provided by regulations; and renewing funding mechanisms. Several actions within this plan have already taken place, are underway, or are planned in the short term, notably to increase the responsible behavior of participants in the purchase of pets. In application of the law of November 30, 2021 to combat animal abuse and strengthen the bond between animals and humans, pet shops may no longer sell dogs and cats on their premises, whether for remuneration or free of charge, as of January 1, 2024. They may, however, offer cats and dogs in the care of animal protection foundations or associations,where volunteers from the said foundations or associations are present. The final clause in Paragraph VI of Article L. 214-8 of the French Rural and Maritime Fishing Code allows pet shops to sell pets online for a fee.
An upcoming revision of the Decree of April 3, 2014 setting out the health and animal protection rules to be followed in the course of activities related to pets of domestic species, providing a more precise framework for premises where dogs and cats are kept in this case. Given the time that will be needed to revise this Decree, a transitional period is currently underway, during which leniency is being exercised with regard to the housing of dogs and cats by pet shops for online sales. During this period of grace, though, animals must continue to be kept in facilities that comply with health and animal protection regulations. In the event of non-compliance with current regulations, inspectors may be required to issue a penalty notice. In addition, with regard to online sales, the law on animal abuse requires advertisers to carry out prior checks on sales offers of dogs, cats and ferrets, whether for a fee or free of charge. Only verified advertisements containing all the mandatory information can be authorized and uploaded. This mandatory information, concerning both the animal and its owner, must be checked against the national identification database for domestic carnivores. To this end, the French Ministry of Agriculture has worked with Ingenium Animalis, the company that runs the identification database, to set up a tool to verify this mandatory information that has been available to advertisers since May 2024. The authentication process will provide those wishing to acquire a dog or cat through an online sales site with a guarantee of the animal's origin, the accuracy of its description and the agreement of the registered owner. Although failure to check advertisements is punishable by a fine of 7,500 euros, ensuring that private individuals are aware of the importance of this authorization process remains a major challenge that must be overcome if the measure is to succeed. The government is determined to step up its efforts to protect animals, and will remain attentive to reports of cases of stray, abandoned or abused animals. Such cases may be prosecuted, both in mainland France and in its overseas territories.
