The regulations will include texts relating to the protection of species in their natural environment, trade in wild species and the keeping of specimens in a controlled environment.
Hornemanni France will be at your side to help you better understand these regulations by making them more accessible. However, it is essential that our members scrupulously comply with the regulations in force in order to preserve the protection of species as well as our credibility. Jean-Michel Eytorff and Kamel Latreche are among the founding members of UNICAB, an association whose aim is to defend our passion by bringing together the various players in captivity, such as federations, zoos and associations.
The most important international laws and European Union regulations to bear in mind in terms of protection are as follows:
- The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES),
- The 1979 Birds Directive,
- The 1982 Convention on the Conservation of European Wildlife and Natural Habitats (the Bern Convention),
- Regulation EC338/97 on the protection of species of wild fauna and flora by regulating trade therein,
- Regulation EC 865/2006 laying down detailed rules for the application of Regulation (EC) No 338/97,
- Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species.
French laws such as:
- The Order of 29 October 2009 establishing the list of birds protected throughout France and the terms and conditions of their protection,
- The order of 25 March 2015 setting the list of birds represented in the department of French Guiana protected throughout the territory and the terms and conditions of their protection,
- LAW no. 2016-1087 of 8 August 2016 for the reconquest of biodiversity,
- The order of 10 March 2020 updating the list of invasive alien animal and plant species in mainland France.
- The French Environment Code includes articles such as L415-3, L411-1 to L411-3, L. 411-5 and L. 411-6, L412-1, etc., which also regulate species protection.
The most important French regulations concerning the keeping of domestic and non-domestic species born in controlled environments include:
- The decree of 11 August 2006, which sets out the list of species, breeds or varieties of domestic animals,
- Decree no. 2017-230 of 23 February 2017 on the conditions for the identification and transfer of animals of non-domestic species held in captivity,
- Decree no. 2018-531 of 28 June 2018 amending various provisions relating to activities involving animals of non-domestic species or plants of non-cultivated species,
- The Order of 8 October 2018 laying down the general rules for keeping animals of non-domestic species,
- Order of 15 November 2018 approving the manager of the national identification file for animals of non-domestic species,
- The law of 30 November 2021 aimed at combating animal abuse and strengthening the bond between animals and humans also introduces important provisions in this area.
How does a law come into being in France?
A law in France comes into being through a legislative process that follows the following stages:
1, Bill: A bill may be initiated by a member of parliament (deputy or senator) or by the government itself. It is drafted and presented with a view to introducing new legislation or amending an existing law.
2, Examination in committee: The bill is examined by a competent committee (at the National Assembly or Senate) responsible for studying the text in detail, hearing experts and the parties concerned, and formulating amendments if necessary.
3, Discussion and adoption: The text is then debated in plenary session of the National Assembly and/or the Senate. Members of parliament can propose amendments, discuss and vote on each article of the bill.
4, Parliamentary shuttle: If changes are made to the initial text by one of the parliamentary chambers, the bill is sent back to the other chamber for consideration. The two chambers may go back and forth until agreement is reached on the final content of the text.
5, Final adoption: Once both parliamentary chambers have adopted the bill in its final version, it is considered to have been definitively adopted by Parliament.
6, Promulgation: The adopted bill is then submitted to the President of the Republic for promulgation. The President may then promulgate the law, send it back to Parliament for further deliberation or submit it to the Constitutional Council for a constitutionality review.
7, Publication: Once promulgated, the law is published in the Journal officiel de la République française. It is from this publication that it comes into force and becomes applicable.
It is important to note that this process may vary according to specific legislative procedures, particularly in the case of an emergency or the use of accelerated procedures. In addition, some laws may also be initiated by referendum or international agreement.
The hierarchy of regulatory texts is as follows:
- The law: This is the legislative text adopted by Parliament. It establishes the general principles and broad guidelines for regulation.
- Decrees: These are issued by the government in application of the law. It specifies the terms of application and the concrete measures to be implemented.
- Ministerial orders: These are issued by a competent minister under powers conferred by law or decree. They lay down specific and detailed rules for the application of regulations in a particular field.
- Circulars: These are issued by an administrative authority with the aim of disseminating instructions and guidelines to the departments concerned for the application of regulations. They are not binding, but provide guidance on the interpretation and application of regulatory texts.
These different levels of regulatory texts help to prioritise the rules and make them more accessible and comprehensible to the players involved.
The latest law to concern us is the law of 30 November 2021 aimed at combating animal mistreatment and strengthening the bond between animals and humans. This law was promulgated and published in the Journal Officiel on 1 December 2021.
Link: https: //www.legifrance.gouv.fr/jorf/id/JORFTEXT000044387560
“Art. L. 413-1 A.-I.-Among animals of non-domestic species, only animals belonging to species whose list is set by order of the Minister for the Environment may be kept as pets or in the context of pleasure farms.” extract from the 2021 law
This means that there will be a new list of non-domestic species, either a positive list or a negative list, depending on how it is defined. This new list will result in an amendment to the Order of 8 October 2018, which will restrict the possession of specimens by private individuals.
If we feel that the regulations are too rigid or inappropriate on the ground, it is possible to formulate legislative proposals through our legislative representatives. We should not wait for the law to be adapted and promulgated, as our scope for action would then be severely limited.
Jean-Michel and Kamel represent European fauna and exotic species with a legal beak. For several months, they have been working closely with the UNICAB association, jointly submitting proposals to the relevant ministries. Their aim is to make it easier for non-profit hobby breeders who already hold a certificate of competence to continue breeding or keeping these species, as well as for future applicants. Their commitment is reflected in their desire to ensure the preservation of this precious genetic diversity in a controlled environment, thereby contributing to the conservation of protected species.
They are fighting for the updating of the decree of 11 August 2006, the improvement of the I-FAP (Identification of Protected Wildlife), the revision of quotas and many other measures. Their commitment is aimed at improving the conditions under which species are kept and bred, by ensuring that the regulations in place are appropriate and promote the conservation of biodiversity.
We will keep you informed of regulatory developments.
Written by Kamel Latreche, Head of Protection and Regulation at Hornemanni France.