Joint proposal in view of the revision of the decree of August 21st 1978 on travelling structures.

Having regard to article L.214-1 of the French Rural Code which stipulates that "every animal is a sentient being and must therefore be kept by its owner in conditions that meet the biological needs of its species."

Having regard to article 10, paragraph 1 of the decree of August 21st 1978 (31) concerning the obligatory characteristics of fixed and travelling structures that show living native and non-native fauna to the public, whereby "the animals must be housed in structures that are adapted to the biological needs, aptitudes and behaviour of each species."

Having regard to article 16 which stipulates that "travelling structures come within the scope of this decree subject to adaptations required by the itinerant nature of their installations."

Having regard to Appendix I of the Washington Convention (CITES).

Having regard to the decree of August 11th 2006 which establishes the list of domestic animal species, breeds and varieties.

Whereas the use of animals listed in Appendix I of CITES for entertainment purposes is contrary to the preservation of these species which are threatened with extinction in the wild.

Whereas the above-mentioned texts impose minimum legal and regulatory standards aimed at satisfying each species' biological needs.

Whereas the itinerant nature of circuses and travelling shows prevents them from respecting these standards.

Whereas ethologists and zoologists have stated that the behavioural disorders observed in animals in circuses are "a sign that the necessary adaptations have not been made and can therefore be taken as a criterion for evaluating the suitability of an environment for the long-term housing of animals." (McBride, Glen & Craig, J.V.), "reveal a chronic absence of well-being" (Hannier I.) or are " proof of chronic suffering. " (Wemelsfelder F.).

Whereas animals in circuses are made to perform unnatural acts and have been trained to do so using methods that are incompatible with their biological needs.

Whereas the conditions in which animals in circuses are kept and trained are known to result in pathologies such as heart disease, arthritis, stereotypical behaviour and other behavioural disorders.

Whereas and in view of the above, because of their itinerant nature, circuses that use wild animals are unable to respect minimum legal and regulatory standards.

All wild and domestic species that are not listed in the annex to this proposal shall be banned from travelling structures as from July 1st 2008 and shall be transferred to permanent structures that comply with the decree of March 25th 2004 on zoos.

General provisions for species annexed to this proposal

Sterilisation (modification of article R214-84 of the French Rural Code) and identification by microchip shall be obligatory.

No further acquisition of a wild animal or transfer from a permanent structure to a travelling structure shall be authorised and consequently no new authorisations ( certificat de capacité ) shall be issued for circus-related activities.

To optimise inspections and ensure that animals in circuses are correctly monitored, travelling structures shall be required to produce a written itinerary for the year, and present themselves once a year before the Veterinary Services Department for the area to which they are administratively attached.

Conditions in which species annexed to this proposal are kept

The animals must have the same amount of space as legally required for zoos.   This applies to both indoor and outdoor enclosures.   (The Belgian royal decree of September 2nd 2005 (32) could be used as a model).   The animals must have freedom of movement within their enclosures .

The animals' environment and diet must be suited to their needs, and they must have permanent access to water.

In accordance with article R.213-18 of the French Rural Code, only animals that actually take part in the performance shall be present at the performance site .   Animals in training or retired animals shall not be present on the site and itinerant side-shows shall be expressly forbidden.

The animals must be transported by qualified staff in vehicles that are adapted to their species.

Circuses shall not travel to more than 60 sites in one year or shall remain on the same site for at least five consecutive days.

Training of wild and domestic species annexed to this proposal

Any training method or implement which distresses the animal, causes suffering, torments the animal or in any way inflicts physical or psychological damage, such as the use of fire in training or performances, the use of ankuses, etc., shall be outlawed.

A professional certificate shall be immediately introduced for:

- the training and presentation of an authorised domestic animal.

- the presentation of a wild animal that has already been trained.

This certificate shall be granted to persons who have demonstrated anatomical, physiological and ethological knowledge of the species in question , and knowledge of legislation relating to animal welfare, protection of species and the functioning of structures that show live animals to the public.

This certificate shall be:

-for one species only.   A person wishing to train a different species must hold the corresponding certificate.

-distinct from the certificat de capacité for the presentation of non-domestic species,

-reassessed every five years,

-refused to anyone who has already been condemned for ill treatment of or cruelty to an animal.

Animals in circuses shall not be rented or in any way made available for other uses and in particular for advertising, television programmes, films or photographs.

Any non-French trainer wishing to work in France shall only show species listed in annex 1 of this proposal, must be in possession of the French certificat de capacité for the presentation of non-domestic species, and must hold the abovementioned professional certificate(s) or their equivalent for temporary shows.

Annex

Wild animals subject to the provisions of this proposal (including sterilisation and identification) until their complete eradication from travelling structures.

Domestic species subject to the provisions of this proposal.

This joint proposal is made by the following organisations and foundations:

Convention Vie et Nature
Code Animal
Faune Explo / Protect Bear
Fondation Assistance Aux Animaux
Fondation Brigitte Bardot
Fondation Ligue Française des Droits de l'Animal
Fondation 30 Millions d'Amis
Groupement de Réflexion et d'Action pour l'Animal
Le Club des Amis de la Nature
One Voice
Peta Europe (Pour un traitement éthique des animaux)
Respectons
Société Nationale de Défense Animale
Société Protectrice des Animaux

(31)The decree of August 21st 1978 concerning the obligatory characteristics of fixed and travelling structures that show living native and non-native fauna to the public, and the decree of August 21st 1978 concerning general rules of functioning and inspection of structures that show living native and non-native fauna to the public have been repealed with respect to non-itinerant zoos which show living native and non-native fauna to the public (the text has not been repealed for travelling structures).

(32) http://www.staatsbladclip.be/lois/2005/09/12/loi-2005022712.html

Contact:   Franck Schrafstetter - info@code-animal.com - 33 (0)6 14 82 21 84

Zyzomys - Maison des Associations - 1A, Place des Orphelins - 67000 Strasbourg - FRANCE

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