Sweden

SWE
Population
9,516,617
GDP
$525,742,140,221
GDP (PPP)
$43,180
Education expenditure (% of GDP)
7 (2010)
Introduction Text

Executive Summary

Since the API was first published in 2014, Sweden has enacted a new version of its main animal welfare legislation, namely the Animal Welfare Act 2018:1192 and its Ordinance 2019:66. The Animal Welfare Act 2018 is applicable to animals kept by humans and wild animals used for scientific purposes. The Act explicitly bans the abandonment of domestic animals and zoophilia. Swedish animal welfare legislation goes beyond and above EU law. For example, Sweden requires larger minimum space requirements for the animals, has 8hr limits for transportation of animals for slaughtering and cows must be out on pasture during the summer. Similarly, beak trimming and tail docking (pigs and dogs) are prohibited, and there is a full ban on the use of sow stalls and farrowing crates. Sweden also provides detailed requirements where such provisions don’t exist at EU level, for example for dairy cows. The castration of piglets without anaesthesia is also forbidden. Moreover, Sweden has positively addressed the use of animals in experiments, since it has banned the use of animals for cosmetic testing and has created the Three Rs Centre, dedicated to increase attention on the Three Rs principles – Replacement, Reduction and Refinement – and developing alternative research methods than with using animals.

However, there remains room for improvement in some domains related to animal welfare. Notably, fur farming is still allowed for some species, which tarnishes Sweden’s reputation as an international leader in animal welfare. Furthermore, Sweden has not fully banned the use of wild animals for entertainment such as circuses and marine parks. In the ordinance Sweden has banned the use of 12 groups of animals, for example elephants and sea lions. The welfare for wild animals should be improved by a total ban or if Sweden adopted positive list of animals allowed for entertainment. With regards to animals used for research, the legislation still allows the capture of wild animals to be used in experiments.

Overall, there is a good allocation of human and financial resources dedicated to animal welfare in Sweden. The Ministry for Rural Affairs is responsible for animal welfare, and the County Administrative Boards are in charge of enforcing the Animal Welfare Act 2018 and its Ordinance. The Swedish Board of Agriculture is the principal national agency creating new regulations on animal welfare. Within the Board, the Animal Welfare Council, now called the Dialogue Group for Animal Welfare, comprises representatives from animal welfare NGOs, veterinary organisations, academia, County Administrative Boards and stakeholder organisations for farm and pet animals. The Swedish Centre for Animal Welfare (SCAW) provide the government, the parliament and the governmental board with expertise on the matter of research and education on animal welfare.  SCAW is also pointed out as reference centre for animal welfare by OIE. At the national level, the Government of Sweden has also established a Scientific Council on Animal Welfare which acts as a risk-assessment body. There are Animal Ethics Committees in charge of deciding whether animal experiments should be carried out, and a Three Rs Centre dedicated to developing alternatives to animal research.
 
In the first paragraph in the Animal Welfare Act 2018 it is stated that animals shall be treated with respect. In the governmental bill (2017/18:147 this is explained further: “With respect for animals, one should understand the awareness and recognition that animals are living and knowing beings with certain needs that must be taken into account. This also means that animals have an intrinsic value regardless of the benefit they have to humans”.  At present, Swedish legislation still allows for the killing of abandoned or lost cats (the Animal Welfare Act 2018 prohibited the abandonment of animals). The Government of Sweden is therefore strongly encouraged to remove this provision, and to instead promote TNRM (trap-neuter-return-management) programmes in order to control cat populations and to give financial support to organisations that take care of abandoned and lost cats. Furthermore, with regards to wild animals in captivity, the Government of Sweden is urged to fully ban fur farming. Fur farming is inherently cruel and causes pain, distress and suffering to animals. Moreover, Sweden is highly encouraged to ban the use of all wild animals for entertainment purposes, which includes circuses. The breeding, keeping and trading of marine mammals in captivity should be banned, so that the animals currently in captivity constitute the last generation. With regards to animals used in research, the Government of Sweden is urged to ban the capture of wild animals for experiments and is strongly encouraged to continue investing in the Three Rs Centre, in order to develop alternatives to animal research. Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.

Turkey

TUR
Population
73,997,128
GDP
$789,257,487,572 (2012)
GDP (PPP)
$18,348 (2012)
Education expenditure (% of GDP)
N.A.
Introduction Text

Executive Summary

The Animal Protection Law (2004) is unusual in that it provides no specific definition of ‘animal’ and instead, the Law explicitly states that ‘all animals are born equal’. This ultimately means that every animal, no matter the species or class, is provided protection under the Law. While there is no formal recognition of sentience, there is formal recognition of physical and psychological suffering. The Government of Turkey should be praised for the detailed regulations provided with regards to live animal transportation. These regulations ensure that all animals are cared for in a species-specific manner as well as provided rest periods during longer journeys. Similarly, regulations governing the establishment and operation of zoos require multiple inspections of a facility from the local authorities before a zoo can be opened to the public. The establishment of provincial animal welfare committees is also a positive step, since these committees are made up of representatives from multiple government departments including health and education, resulting in animal welfare solutions that are likely to be wholistic in nature.

However, there are some limitations in the protections provided to animals under Turkish Law. Secondary legislation for farmed animals such as broiler chickens, while aligning with EU and OIE standards, neglect to prohibit acts of cruelty or require staff to treat such animals in a humane manner. Furthermore, despite being protected under the Animal Protection Law (2004), animals are still used in fur farms across the country.

All animal welfare legislation and supplementary regulations assign responsibility to government ministries including Ministry of Environment and Forestry and the Ministry of Agriculture and Rural Affairs. However, the names and functions of these ministries have subsequently changed resulting in a situation where no government body is assigned responsibility for ensuring and improving animal welfare in Turkey.
 
Since 2014, Turkey has taken steps to improve animal welfare in the country through increased secondary regulations such as the minimum standards for calves and egg-laying hens. Similarly, reports suggest that a new animal welfare bill is currently being drafted by the Turkish Government to ensure the wellbeing of the country’s animals.

The Government of Turkey is encouraged to amend the Animal Protection Law (2004) to explicitly state that all animals ‘have a right to a good life’ within the provisions of the Law. The Government of Turkey is encouraged to amend the Animal Protection Law (2004) to include a definition of animal welfare, in line with the OIE that explicitly promotes the Five Freedoms. The Government of Turkey is urged to fully ban fur farming. Fur farming is inherently cruel and causes pain, distress and suffering to animals. Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.

 

Switzerland

CHE
Population
7,997,152 (2012)
GDP
$632,193,558,707 (2012)
GDP (PPP)
$53,367 (2012)
Education expenditure (% of GDP)
5.4 (2009)
Introduction Text

Executive Summary

Animal welfare legislation in Switzerland is wide-reaching and detailed. Both the Animal Welfare Act (2005) and the Animal Welfare Ordinance (2020) establish anti-cruelty protections and basic standards of care for all animals. The Animal Welfare Ordinance (2020) is particularly detailed and clearly sets out expectations of behaviour for animal owners and others responsible for the care of animals. The Animal Welfare Act (2005), while not explicitly using the term sentience, not only recognises the physical but also the mental state of an animal. The use of the word ‘dignity’ suggests an intention to ensure all animals protected under the Act enjoy a good quality of life.

However, there are some areas of concern. While many animals are provided with protections beyond basic anti-cruelty, draught animals and particularly stray cat populations are not afforded such extensive provisions. Similarly, while wild animals are protected by the general anti-cruelty prohibitions of the Animal Welfare Act (2005) and Animal Welfare Ordinance (2020), there are limited subsequent protections, for example from cruel hunting methods. While legislation regarding minimum standards of care prevent fur farming, there is no explicit ban on the industry, nor is there an explicit ban on the testing of cosmetics and their ingredients on animals.
 
Responsibility for animal welfare ultimately falls under the Department of Home Affairs with some delegated authority to the Canton-level for enforcement and some supplementary legislation. However, there is no national committee on animal welfare.

Since the 2014 edition of the Animal Protection Index, there have been limited changes to animal welfare legislation in Switzerland. However, the Animal Welfare Ordinance (2020) has been amended to provide improved protections for animals.

The Government of Switzerland is encouraged to create a national multi-stakeholder committee to effectively engage all actors involved in maintaining animals’ well-being to find solutions for welfare concerns. This committee would guide the country’s policies and strategies on animal welfare, in line with international standards. This committee should include representatives of animal welfare organisations. The Government of Switzerland is encouraged to fully align animal welfare legislation with OIE animal welfare standards. The Government of Switzerland is encouraged to ban the import of animal products that have not been produced in accordance with their national legislation. The Government of Switzerland is encouraged to issue an explicit ban on fur farming. Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.

Spain

ESP
Population
46,217,961
GDP
$1,349,350,732,836 (2012)
GDP (PPP)
$32,682 (2012)
Education expenditure (% of GDP)
5.0 (2010)
Introduction Text

Executive Summary

The main animal welfare legislation in Spain, Law 32/2007, was enacted in order to comply with European Union legislative requirements on farm animal protection, and to give a base level of animal protection across the Autonomous Communities and Cities. The Act covers vertebrate animals that are used in production, animals used in scientific research and education, but specifically excludes companion animals, wild animals (including in captivity), bullfighting, hunting and fishing. The Act covers the care of animals throughout their entire life on the farm, during transportation and at the time of slaughter, through incorporation of the relevant European Union Directives and Regulations on this subject, which contain a high level of detail in relation to certain activities and species. Law 31/2003 on the conservation of wildlife in zoos makes provision for the licensing of zoos and facilities keeping wild animals in captivity, inspection processes, conservation measures (including animal welfare issues), record-keeping and enforcement mechanisms. The law was made to incorporate the requirements of European Union Directive 1999/22/EC.

Since the API was first published in 2014, Spain has signed the European Convention on the Protection of Pets, and enacted laws relating to: the protection of animals used in experimentation and other scientific purposes, including teaching (Royal Decree No. 1386/2018 (Modifies Royal Decree No. 53/2013); animal health and protection regulations during transport (Royal Decree No. 542/2016), and the protection of animals at the time of slaughter (Royal Decree No. 37/2014).

Despite incorporating the minimum European Union legislative requirements, there is room for improvement in many areas related to animal welfare. Notably, bullfighting benefits from a cultural exemption to the anti-cruelty legislation. Spain still allows the slaughter of non-stunned animals, as well as the culling of stray animals, although there are some localised bans. The scope of application of Law 32/2007 is very much restricted to animals who are considered to bear an economic value, which creates an obstacle to improving animal welfare overall for all other categories of animals.

No one department or public body in Spain has been given overall responsibility for enforcing and managing animal welfare. However, individual legislation designates different government bodies as responsible for the implementation of each law, with the General State Administration responsible for implementation of Law 32/2007. There is also a Spanish Committee for the Protection of Animals Used for Scientific Purposes, as well as local animal welfare ethics committees monitoring welfare standards during experiments.

The Government of Spain is urged to formally recognise animals as sentient in legislation, given the scientific evidence which has proven that all vertebrates, cephalopods and decapod crustaceans are sentient. Furthermore, the Government of Spain is strongly encouraged to expand the scope of application of Law 32/2007 to all animals, rather than only covering animals who are considered to have an economic value, as it is the case at present. The Government of Spain is urged to ban the confinement of farm animals – for instance, in sow stalls and farrowing crates for pigs, and in cages for egg-laying hens – and the Government is urged to mandate the humane slaughter of all farm animals, with stunning prior to slaughter. The Government of Spain is furthermore urged to ban fur farming, which is inherently cruel, causing pain and distress to animals. The Government of Spain is furthermore urged to remove the cultural exemption that allows bull fighting to continue. Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.

 

 

Romania

ROU
GDP
$169,396,055,591 (2012)
GDP (PPP)
$16,518 (2012)
Education expenditure (% of GDP)
4.2 (2009)
Introduction Text

Executive Summary

The Romanian Law on the Protection of Animals (2014) provides basic protections to animals from many forms of cruelty. As there is no definition of animal in the legislation, it can currently be applied to all animals in Romania. The Law recognises that animals feel pain and can suffer both physically and mentally. Romania has also ratified in their own legislation, many EU regulations providing additional and improved protections for animals. Similarly, Romania is one of 27 countries in the world to have banned the use of wild animals in circuses.

However, there are some limitations to the protections provided to animals under Romanian law. The ban on wild animals in circuses does not extend to dolphins, and there is limited supporting legislation to protect draught and farm animals, for example. Similarly, while all animals appear to be protected under the Law on the Protection of Animals (2014), reports suggest that government-run shelters for stray animals do not observe the law.  Some laws, introduced in order to align with EU standards in other categories, such as the ban on horse-drawn vehicles on public roads, have resulted in animal cruelty.

Animal welfare in Romania falls under the mandate of the National Sanitary Veterinary and Food Safety Authority, which is part of the Ministry of Agriculture, Forests and Rural Development.

Since the 2014 Animal Protection Index, Romania has made limited efforts to improve animal welfare through legislation, and some new legislation for example the proposed bill removing the quota for brown bear hunting has reduced protections. Similarly, laws regulating stray dogs have mandated culling.

The Government of Romania is strongly encouraged to recognise and promote the Five Freedoms for all animals. The Government of Romania is urged to produce detailed legislation specifying the conditions under which wild animals may be kept in captivity. Such regulations should include requirements with regards to housing, feeding, handling and husbandry and should promote the Five Freedoms of all individual animals. In particular, the Freedom to express normal patterns of behaviours should be respected. License to operate a facility keeping wild animals in captivity should be dependent on compliance with such legislation and regulations.  Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.

 

 

Poland

POL
Population
38,542,737
GDP
$489,795,486,644 (2012)
GDP (PPP)
$22,162 (2012)
Education expenditure (% of GDP)
5.2 (2010)
Introduction Text

Executive Summary

The Animal Protection Act (2017) is applicable to all vertebrates and provides more specific provisions for several categories of animals including companion animals, farm animals and zoo animals. Poland’s animal protection legislation recognises that animals feel pain and can suffer both physically and mentally, and the legislation provides provisions aimed at preventing actions that could cause them. The Animal Protection Act (2017) also explicitly bans bestiality. Poland is to be commended on the Act on the Protection of Animals used for Scientific or Educational Purposes (2015). The Act not only provides anti-cruelty provisions for animals used in experiments but also enshrines the 3 Rs Principles – Replacement, Reduction, Refinement - in law. The Act also mandates that animals not killed in experiments should be rehomed or rehabilitated for release.

However, hunting is allowed in Poland, both as a population management tool and as a recreational activity. The prohibitions regarding hunting activities, while banning some cruel hunting methods, do not cover some cruel methods such as hunting with dogs. While those undertaking hunting activities are required to undertake a test to gain a hunting permit, the test is created and arranged by the Polish National Hunting Association rather than a government ministry. Similarly, permission to hunt is given by the leaseholder or owner of hunting grounds rather than a government ministry. While the Animal Protection Act (2017) provides protections for many animals, it does not enshrine the Five Freedoms in law. The Government of Poland is yet to ratify the European Convention on the Protection of Pet Animals (1987) and has not followed the example of other EU Member States in issuing national bans on fur farming or the use of wild animals in circuses.

Responsibility for animal welfare falls under the jurisdiction of multiple government ministries including the Ministry of Agriculture and the Ministry for the Environment. Government ministries with animal welfare responsibilities are named in legislation and are mandated to provide supplementary regulations to govern the care of animals.

Since the 2014 edition of the Animal Protection Index, the Government of Poland has amended many pieces of legislation impacting animal welfare, including the Animal Protection Act (2017) and the Nature Conservation Act (2018).

The Government of Poland is urged to create a multi-stakeholder committee to effectively engage all actors involved in maintaining the well-being of animals and to find solutions for welfare concerns. This committee would guide the country’s policies and strategies on animal welfare, in line with international standards. This committee should include representatives of animal welfare organisations. The Government of Poland is encouraged to enshrine and promote the Five Freedoms for all animals. Furthermore, The Government of Poland is strongly encouraged to promote humane stray animal population management, which relies on promoting responsible ownership, mass vaccinations and reproduction control programmes. Culling has been scientifically proven to be ineffective and should therefore be banned.

Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.

 

 

Netherlands

NLD
Population
16,767,705
GDP
$772,226,793,520
GDP (PPP)
$43,198
Education expenditure (% of GDP)
6 (2010)
Introduction Text

Executive Summary

The Netherlands is a leading country with regards to animal welfare in Europe. The 2011 Animals Act is the main piece of legislation in the country for animal welfare. This Act, applicable to kept animals, with some general articles applicable to all animals, formally recognises animal sentience and the ‘intrinsic value’ of animals. Since the API was first published in 2014, the Wild Fauna and Flora act has been replaced by the Nature Protection Act 2017, whose Explanatory Memorandum reiterates the intrinsic value of wild animals. The Netherlands is progressive in certain areas of animal welfare. Notably, fur farming is being phased out by 2024. The Netherlands is the third EU Member State after Belgium and Luxemburg to adopt a Positive List, explicitly stating which animals can be kept as companion animals, though this List is still in the making – for mammals – and has currently not been enshrined in legislation yet. In addition, the country goes beyond EU requirements in some aspects for certain farm animals: the Netherlands has banned enriched cages for egg-laying hens, and legislation limits the use of gestation stalls to maximum four days for sows.

However, there is still room for improvement in many animal welfare areas. Notably, the Netherlands only bans the use of wild terrestrial mammals for entertainment: marine mammals and birds of prey can still be used for recreational purposes. Furthermore, the Netherlands allows to increase the stocking density for broiler chickens from 33kg/m2 – the EU standard – to max. 42 kg/m2, in conformity with the derogation provisions of the EU, thus creating even more crowded conditions for the animals. Moreover, notable welfare problems are persistent, including the routine tail-docking of piglets often without anaesthesia and the stunning of pigs by CO2.

Animal welfare mainly falls under the remit of the Ministry of Agriculture, Nature and Food Quality. The Council on Animal Affairs (RDA) is an advisory body dealing with animal welfare concerns in the Netherlands. The membership of the Council is diverse and includes animal welfare organisations such as the Humane Society International, which reflects that the Government engages with various stakeholders on animal welfare issues.

The Government of the Netherlands is strongly encouraged to improve the welfare of farm animals through forbidding the stunning of pigs by high doses of CO2, banning all types of cages and outlawing the current derogations on the basis of EU legislation to increase the stocking densities of broiler chickens. With regards to wild animals in captivity, the Government of the Netherlands is urged to ban all performances by wild animals, including for marine mammals. The Government of the Netherlands is furthermore urged to outlaw the culling of stray cats, which occurs in some provinces. For wild animals, at the very least the Government of the Netherlands is encouraged to outlaw the use of the cruellest forms of hunting. Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.

Germany

DEU
Population
81,889,839
GDP
$3,399,588,583,183
GDP (PPP)
$40,901
Education expenditure (% of GDP)
5.1 (2009)
Introduction Text

The German Constitution includes the protection of animals as a state goal. The overarching federal animal welfare legislation in Germany, the Animal Protection Act (TierSchG), protects the lives and well-being of animals, defines the responsibility of humans for animals as ‘fellow creatures’, and states that no person may cause an animal pain, suffering or harm without ‘reasonable reason’ – although this term is not defined in legislation. It is especially positive that some sections of the Animal Protection Act are explicitly applicable to cephalopods, decapod crustaceans and other invertebrates. The protection of animals kept for farming purposes is achieved through: the Regulation on the Protection of Farm Animals (TierSchNutztV: which implements Council Directive 98/58/EC); the Regulation on the Protection of Animals at Slaughter or Killing (TierSchlV: which implements Council Directive EC No 1099/2009); and the Regulation for the Protection of Animals During Transport (TierSchTrV: which implements Council Directive EC 1/2005). The requirements for keeping animals in zoos and the private keeping of wild animals is achieved through the Federal Nature Conservation Act (BNatSchG), which provides specific details on the licencing of premises and the conditions in which animals must be kept (in accordance with their species-specific biological and conservation requirements). The protection of animals used for scientific purposes is achieved through the Animal Welfare: Laboratory Animal Regulation (TierSchVersV: which implements Directive 2010/63/EU). Additionally, Germany signed the European Convention on the Protection of Pets on 21 June 1988.

Despite implementing and, in some cases exceeding, the minimum European Union legislative requirements, there is room for improvement in some areas related to animal welfare. Animal sentience is not formally enshrined within the German Animal Protection Act. Additionally, the Federal Nature Conservation Act (BNatSchG) does not define ‘animal’, so it is unclear whether its provisions extend to wild animals. Furthermore, fur farming has only been banned in certain regions but not at the federal level.

Since the API was first published in 2014, Germany has updated and amended the Animal Protection Act (TierSchG: revised 2019), the Regulation on the Protection of Farm Animals (TierSchNutztV: revised 2017), the Regulation for the Protection of Animals During Transport (TierSchTrV: revised 2015), and the Animal Welfare: Laboratory Animal Regulation (TierSchVersV: updated 2015).

The Ministry of Food and Agriculture is given powers under the Animal Protection Act (TierSchG) to make secondary regulations on a wide variety of issues affecting animal welfare. The Ministry appoints an Animal Welfare Commission to assist it in animal welfare issues and must consult this Commission when making new regulations under the Act. It is positive that the Commission includes experts from animal welfare associations. The Nature Conservation Act (BNatSchG) allocates responsibility to the Federal Agency for Nature Conservation and to Federal competent authorities, depending on the issue in question.

The Government of Germany is urged to formally recognise animals as sentient in legislation, given the scientific evidence which has proven that all vertebrates, cephalopods and decapod crustaceans are sentient. Furthermore, the Government of Germany is strongly encouraged to expand the scope of application of its Animal Protection Act (TierSchG) to all animals. The Government of Germany is urged to ban the confinement of farm animals – for instance, in sow stalls and farrowing crates for pigs, and in cages for egg-laying hens, and the Government is urged to mandate the humane slaughter of all farm animals, with stunning prior to slaughter. The Government of Germany is furthermore urged to ban fur farming at the federal level, which is inherently cruel, causing pain and distress to animals. Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.

Italy

ITA
Population
60,917,978
GDP
$2,013,263,114,239
GDP (PPP)
$33,111
Education expenditure (% of GDP)
4.5 (2010)
Introduction Text

Executive Summary

The main animal welfare legislation in Italy, Legislative Decree No. 189/2004, prohibits the mistreatment of animals, as well as their use in illegal fighting or unauthorised competitions. Together with the Criminal Code, the Decree defines a range of possible punishments for breaches, which includes fines and imprisonment. The protection of animals kept for farming purposes is achieved through Legislative Decree No. 146/2001 which implements the European Union (EU) Council Directive 98/58/EC. The requirements for keeping animals in zoos, including ensuring the well-being of animals, providing sufficient space for and environmental enrichment, as well as avoiding stress, is achieved through Legislative Decree No. 73/2005 which implements Council Directive 1999/22/EC. The protection of animals used for scientific purposes is achieved through Legislative Decree No. 26/2014, which implements Directive 2010/63/EU. Additionally, Italy signed the European Convention on the Protection of Pets on 13 November 1987.

Despite incorporating the minimum European Union legislative requirements, there is room for improvement in many domains related to animal welfare. Notably, neither the Criminal Code nor Legislative Decree No. 189/2004 define ‘animal’, so it is not clear whether their provisions extend to all animals, including invertebrates. Animals are not recognised as sentient in legislation. In addition, the Criminal Code contains a cultural exemption, which allows for cruel events to continue on the ground of traditions, such as the Palio di Siena horse race. Italy furthermore allows the exploitation of animals for fur farming.

Since the API was first published in 2014, Italy has enacted Legislative Decree No. 26/2014 implementing Directive 2010/63/EU on the protection of animals used for scientific purposes, which covers some invertebrates. On 8 November 2017, the Assembly of the Italian Parliament voted to phase out all animals in circuses and travelling shows. This remarkable decision is yet to be enforced, since the new legislation to phase out all animals in circuses has not yet been set out by a Ministerial Decree.

The Ministry of Health is responsible for animal welfare in Italy. Each province has an official appointed to the Office of Animal Rights (Ufficio Diritti Animali). This role is primarily concerned with reducing the numbers of abandoned companion animals and addressing stray animal issues. Animal welfare measures are implemented through the National Plan on Animal Welfare, which focuses on farm animal welfare. The Plan exists to comply with the provisions of national and EU regulations and stipulates the competent authorities at local, regional and national levels. However, this Plan does not appear to have been updated since 2014.

The Government of Italy is urged to formally recognise animals as sentient in legislation, given the scientific evidence which has proven that all vertebrates, cephalopods and decapod crustaceans are sentient. Furthermore, the Government of Italy is strongly encouraged to expand the scope of application of Legislative Decree No. 189/2004 to all animals. The Government of Italy is urged to ban the confinement of farm animals – for instance, in sow stalls and farrowing crates for pigs, and in cages for egg-laying hens – and the Government is urged to mandate the humane slaughter of all farm animals, with stunning prior to slaughter. The Government of Italy is furthermore urged to ban fur farming, which is inherently cruel, causing pain and distress to animals. The Government of Italy is furthermore urged to remove the cultural exemption from the Criminal Code, which allows cruel practices to continue such as the Palio. Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.

France

FRA
Population
65,696,689
GDP
$2,612,878,387,760
GDP (PPP)
$36,104
Education expenditure (% of GDP)
5.9 (2009)
Introduction Text

Executive Summary

France does not have an overall legislative act dedicated to animal welfare, rather, animal protection provisions are laid out in the Penal Code, the Rural and Maritime Fishing Code, as well as secondary legislation in the form of Decrees. Animal cruelty including acts of ill-treatment and acts of negligence is prohibited. Furthermore, the abandonment of companion animals is prohibited. There is also a duty of care onto companion animal owners and breeders, set out in Decree of 25 October 1982. Various other Decrees transpose EU legislation within French legislation.

Since the API was first published in 2014, the Civil Code was amended in 2015 to recognise that animals are sentient beings, as formerly they were considered to be ‘moveable or immoveable assets’. This definition, however, remains limited as it only applies to vertebrates, and does not encompass wild animals nor ownerless domesticated animals. Furthermore, animals remain subject to the regime of goods.

France’s main agriculture and food law, Law No. 2018-938 passed on 30 October 2018 entitled ‘loi pour l’équilibre des relations commerciales dans le secteur agricole et alimentaire et une alimentation saine, durable et accessible à tous (EGalim)’, includes several measures relating to animal welfare. Among others, the legislation extends the offence for animal abuse in rearing to transport and slaughter activities, and it doubles the sentence for animal abuse from six months imprisonment and a €7,500 fine to one-year imprisonment and a €15,000 fine.

However, there is room for improvement in many areas related to animal welfare. In particular, bullfighting and cockfighting are exempted from the basic anti-cruelty provisions laid out in Article 521-1 of the Penal Code. The use of animals for entertainment, such as in circuses and in marine mammal shows, is largely authorised in France, although there was an attempt to ban the breeding of dophins in captivity that passed in May 2017, before being repealed in January 2018. Furthermore, France still allows fur farming and the force-feeding of geese and ducks for foie gras production. Decree No. 85-956 also allows the culling of dogs ‘suspected’ of having rabies. With regards to wild animals, it is regrettable that current President Emmanuel Macron has reduced the price of hunting permits and has increased the list of species allowed to be hunted, as well as the quotas for each of these species.

The Ministry of Agriculture and Food is responsible for the protection of most animals. The Ministry of Ecological and Solidarity Transition – which is in practice the Ministry of the Environment – is responsible for issues concerning free-roaming wild animals and collaborates with the Ministry of Agriculture and Food on issues concerning captive wild animals. The issue of animal experimentation is covered by several Ministries, the Ministry of Agriculture and Food, the Ministry of the Environment, the Ministry of Defence and the Ministry of Higher Education and Research. The Ministry of Agriculture and Food has developed a 2016-2020 Strategy on Animal Welfare, and has assigned responsibility to the National Committee of Plant and Animal Health (CNOPSAV), made up of farmers, scientists, animal protection organisations, to implement this Strategy. Various institutions are responsible for managing the use of animals in scientific research, among which FRANCOPA, which promotes alternatives to animal research.

The Government of France is urged to amend the provisions of the Civil Code, the Penal Code and the Rural and Maritime Fishing Code to recognise that all animals for whom there is scientific evidence – at a minimum, all vertebrates, cephalopods and decapods crustaceans – are sentient beings, and to enshrine this principle into legislation. The Government of France is urged to ban the confinement of farm animals – for instance, in sow stalls for pigs, and in cages for egg-laying hens – and the Government is urged to mandate the humane slaughter of all farm animals, with stunning prior to slaughter. The Government of France is furthermore urged to ban fur farming, which is inherently cruel, causing pain and distress to animals. As culture should not be an excuse for animal cruelty, the Government of France is urged to repeal the cultural exemptions that currently allow bullfighting, cockfighting and the force-feeding of ducks and geese to operate legally. The Government of France is also strongly encouraged to prohibit all forms of entertainment causing animal suffering, such as rodeos, circuses and marine mammal shows. Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.