Question 44314 — animals

Summary

Mr. Guillaume Gouffier-Cha questions the Minister of Agriculture and Food on the categorization of dog breeds and more particularly on the possible classification of German Shepherds. The law of January 9, 1999 relating to dangerous and stray animals and the protection of animals makes a distinction between the different breeds of dogs, dividing them into two categories. Article L. 211-12 of the rural and maritime fishing code supplemented by the decree of April 27, 1999, provides first of all, the first category of so-called “attack” dogs such as the American Staffordhire Terrier, the Mastiff and the Tosa as well as those not registered in the French Book of Origins (LOF) and whose morphological characteristics can be assimilated. The second category concerns the so-called “guard and defense” dogs which are the Rottweiler, the American Staffordhire terrier. registered with the LOF and the Tosa registered with the LOF and whose morphological characteristics can be assimilated. First and second category dogs are then subject to special conditions such as compulsory sterilization or a ban on movement in certain public places. The law of June 20, 2008 strengthening measures for the prevention and protection of people against dangerous dogs, the decree of April 8 2009 and the circular of January 15, 2010 supplemented these provisions. From now on, anyone wishing a categorized dog must meet several conditions under penalty of not obtaining the keeping permit (certificate of civil liability insurance, certificate of aptitude, behavioral evaluation of the dog and an identification certificate imposed by the mayor on the owner) and must meet various obligations (anti-rabies vaccination and sterilization of the animal). All of these rules are justified by the morphological characteristics and power of these animals. However, other dog breeds do not fall into any category. However, these animals can also be dangerous. Indeed, other dog breeds such as German Shepherds, Labradors or Jack Russells are not part of categories 1 or 2. even though these are the breeds most owned by the French and the most biting. According to the health monitoring institute, no breed is more prone to bites than another and first category dogs only represent, for example, 2% of bites. Apart from the fact that this leads to an increase in abandonments, parallel clandestine trafficking or numerous euthanasias of category 1 and 2 breeds, even though they may be less dangerous than a Dogo Argentino, many breeds have powerful jaws without being categorized and therefore, without having any obligation weighing on the owner. The dangerousness of an animal cannot only be conditioned by its breed but must also be assessed in relation to its environment. If a dog can be the subject of a behavioral evaluation at the request of the mayor, always according to the rural and maritime fishing code, this may prove ineffective and late given the number of attacks committed by uncategorized dogs. The MP then questions the Minister to find out if the creation of a generalized canine license is being considered in order to avoid acting following injuries but well in advance. In the absence of a generalization, he asks if a revision of the categories of dog breeds is planned. in order to integrate the German Shepherd into one of them. Wearing a muzzle for certain breeds seems necessary given the sometimes fatal bites and the psychosomatic risks they cause.

Machine translation from French. The official text remains authoritative.

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