The Commission presents its report on the application of Regulation (EC) No 1523/2007 banning the placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur. The ban on cat and dog fur applies in the European Union since 31 December 2008.

The report describes the enforcement measures put in place by the Member States to prevent the placing on the market, the import to or export from the Union of cat and dog fur, and products containing such fur. It also provides an overview on the methods of analysis used by the Member States to identify the species of origin of fur and on the penalties applicable in case of infringements. It covers the years 2009 and 2010.

The adoption of this report was delayed due to the need for the Member States to collect enough information on the implementation of the ban. Some data were received only at the beginning of 2012, allowing a full analysis to be undertaken only during 2012.

The main conclusions of the report are as follows: Member States set up a system of controls in order to implement the ban. They mainly integrated checks for the ban in their existing systems of controls by taking the following actions:

- the modification of national legislations in order to repeal previous national measures prohibiting cat and dog fur and to introduce penalties;

- the designation of the competent authorities and officials responsible;

- the designation of the methods of analysis and laboratories performing them in order to identify whether the fur comes from a domestic dog or cat in case of suspicion;

- the training and elaboration of procedures in order to inform officials performing the controls;

- the dissemination of information to business operators and general public.

The primary objective of the systems of controls is to prevent the entry into the Union of illegal commercial imports of cat and dog fur from third countries because most of it originates from there.

In 2009 and 2010, Member States' controls were therefore mainly focussed on preventing illegal imports . Direct involvement of Customs authorities and the use of the Commission database TARIC by business operators and Member States allowed for a harmonized implementation of the ban regarding illegal imports. Member State controls were complemented within the Union by checks carried out mainly in retail shops. Where necessary, samples were taken for analysis to confirm the presence of cat and dog fur. Illegal products were seized and destroyed when identified. Sanctions were pronounced in the case of infringements.

The number of controls increased in 2010 compared to 2009 as well as the number of samples taken and sent for analysis. 2009 was the first year when the Regulation came into force and the level of implementation increased in 2010 as, by that time, Member States had taken measures to organise the checks. According to the Member States, goods that they identified as potentially containing cat and dog fur were mainly jackets and coats, scarves, neckerchiefs, key rings and leather articles.

Overall, the application of the Regulation had a positive impact as it simplifies the work of business operators since it has replaced several national bans applied with different procedures. In addition, in stakeholders' opinion, the ban contributed to limiting the risk that European consumers may be exposed to buying cat and dog fur or products containing such fur.

COM(2013)0412
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PURPOSE: to ban the placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur.

LEGISLATIVE ACT: Regulation (EC) No 1523/2007 of the European Parliament and of the Council banning the placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur.

CONTENT: the Regulation was adopted by a qualified majority at 1 st reading, the Italian delegation voting against. The Regulation aims to ban the placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur in order to prevent obstacles to the smooth operation of the internal market and to re-establish consumer confidence in the fact that the fur products they buy do not contain cat or dog fur.

In exceptional cases, the Commission may adopt measures enabling the placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur for educational or taxidermy purposes, stipulating the conditions under which such derogations shall apply. These measures, which aim to amend the non-essential elements of the Regulation, will be adopted in the accordance with the new regulatory procedure with scrutiny (comitology).

Member States shall inform the Commission of the analytical methods they use to identify the species of origin of fur by 31 December 2008 and subsequently whenever required in the light of new developments. The Commission may adopt – in accordance with the regulatory procedure with scrutiny - measures establishing analytical methods to be used to identify the species of origin of fur.

Member States shall report to the Commission on their efforts to enforce this Regulation. The Commission shall report to the European Parliament and the Council on the application of this Regulation, including customs activities, no later than 31 December 2010. The Commission's report shall be made available to the public.

ENTRY INTO FORCE: 16/01/2008

APPLICATION: from 31/12/2008

Regulation 2007/1523
OJ L 343 27.12.2007, p. 0001

03632/2007/LEX

SP(2007)3798/2

Results of vote in Parliament

The European Parliament adopted the resolution drafted by Eva-Britt SVENSSON (GUE/NGL, S), and made some amendments to the Commission’s proposal. Parliament entered into negotiations with the Council with a view to reaching agreement at first reading.

The main amendments adopted are as follows:

- Article 3 of the legislation states that the placing on the market and the import to or export from the Community of fur of cats and dogs and products containing such fur shall be prohibited ;

- Parliament agreed with its competent committee and rejected the derogation proposed by the European Commission. The derogation in question would have made it possible to place on the Community market furs where such fur is labelled as originating from cats or dogs that have not been bred or killed for fur production or which are personal or household effects being introduced into the Community, or exported there from. Parliament felt that this would leave a gaping loophole in the legislation, which traders would quickly exploit;

- by the way of exceptional derogation from Article 3, the Commission may adopt provisions to allow the placing on the market, import or export of fur of cats and dogs or products containing such fur for educational or taxidermy purposes including conditions under which such derogations shall be applied. These measures will be adopted in accordance with the regulatory procedure with scrutiny;

- Parliament amended some of the definitions in the text. It stated that "cat' shall mean an animal of the species felis silvestris, and "dog' shall mean an animal of the subspecies canis lupus familiaris;

- Member States must inform the Commission of the analytical methods they use to identify the species of origin of fur by 31 December 2008 and subsequently every time when required in the view of new developments;

- Member States must report to the Commission on their efforts to enforce the Regulation. And the Commission must produce a report on the implementation of the Regulation including customs activities no later than 2 years after the date of application of the Regulation. The Commission's report must be made available to the public.

- lastly, the Regulation will apply from 31 December 2008.

T6-0260/2007

Debate in Parliament

A6-0157/2007

CES0606/2007

A6-0157/2007

In adopting the report drafted by Ms Eva-Britt SVENSSON (GUE/NGL, S), the Committee on the Internal Market and Consumer Protection amended, in first reading of the codecision procedure, the proposal for a regulation of the European Parliament and of the Council banning the placing on the market and the import of, or export from, the Community of cat and dog fur and products containing such fur.

The main amendments adopted are as follows:

- a definition of 'fur', that is aligned with existing US and Australian laws on the matter, has been introduced, i.e. 'furs' shall mean furs, skins and pelts or any other part of dogs and cats from which fur could be obtained ;

- by including the sale, manufacture, offer for sale, transportation and distribution of cat and dog fur and products containing such fur, the text is further clarified for the avoidance of doubt;

- the Committee rejected the derogation proposed by the European Commission whereby it would have been possible to place on the Community market furs where such fur or products containing such fur is labelled as originating from cats or dogs that have not been bred or killed for fur production or which are personal or household effects being introduced into the Community, or exported there from;

- Members also call for the Member States to lay down the rules on penalties, including where appropriate criminal penalties, applicable to infringements of this Regulation and to take all measures necessary to ensure that they are implemented. In particular, Member States which seize consignments of cat and dog fur following the implementation of this Regulation shall adopt laws enabling them to confiscate and destroy such consignments and to suspend or revoke the import/export licences granted to the traders concerned;

- to ensure the involvement of the interested parties in the implementation of the regulation, Member States should also consider, where appropriate, providing for class actions. In addition, they shall report annually to the Commission on the application of the penalties;

- one year after the submission by the Member States of their second annual report, the Commission should report to the European Parliament and the Council on the implementation of this Regulation. This report should be updated following the submission of the fourth annual report by the Member States. The Commission's reports should be made available to the public;

- lastly, the Member States should report annually to the Commission on their enforcement of this Regulation and the adequacy of resources used to this end. These reports should include information on the provisions for training of customs officials and the procedures by which those officials ensure effective identification of dog and cat fur products and carry out appropriate action for the enforcement of this Regulation.

PE384.234

PE384.287

PE386.426

PE384.485

The Council held an exchange of views on banning the marketing and import of cat and dog fur. Delegations were asked to share their experience on controls and analytical methods.

The Council noted the unanimous support of delegations for the proposal’s objective and for the principle of improving public information and consumer confidence.

Concerning the analytical tools needed to carry out efficient controls, most delegations offered either to share their experience or to co-operate with those Member States that had such a ban in force under their national law. Some delegations gave a reminder that the costs and resources involved in performing such controls should remain proportionate.

The Council also took note of those delegations (a majority) who oppose any derogation that could weaken the proposal’s objective. The Council mandated the Council’s preparatory bodies to continue the examination of the proposal, with a view to reaching a conclusion during the German Presidency.

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SEC(2006)1448
EUR-Lex

SEC(2006)1449
EUR-Lex

PURPOSE: to ban the trading of cat and dog fur and products containing such fur.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: t here is a strong political demand to ban the trade on cat and dog fur or fur products. Member States have asked the Commission several times to undertake an initiative to ban the trade of cat and dog fur or products containing such fur in the Community.

In December 2003, the European Parliament adopted a declaration on a ban of the trade in cat and dog fur requesting the Commission to draft a regulation under internal market powers to ban the import, export, sale and production of cat and dog fur and skins, so as to restore the confidence of EU consumers and retailers and to end this trade.

The Council of Agriculture Ministers in November 2003 and again in May 2005 asked by a vast majority for an initiative at Community level to stop the trade in cat and dog fur and fur products. They highlighted that a ban at Community level would be more effective than national bans which cannot be

effective. Some Member States have already introduced a ban on the trade in cat and dog fur.

CONTENT: this proposal aims to ban the placing on the market, the import and export of cat and dog fur and products containing such fur and requires the Member States to inform each other about analytical methods used to identify cat and dog fur.

The enforcement of the proposed ban requires the availability and improvement of analytical methods to distinguish cat and dog fur from other species’ (in particular fox and wolf). As most fur from cat and dog is produced and processed in third countries and enters the Community as part of a garment or toy, the analytical methods must allow cat and dog fur identification also where fur has been treated (e.g. dyed, as dyeing may destroy the natural structure of a fur and even destroy the DNA).

Several methods are currently available and reported to be in use by the competent authorities of those Member States where a ban on trade, import or export is already in place. The methods offering the most reliable results according to the evaluations provided by Member States’ authorities are: microscopy, DNA testing and the MALDI-TOF Mass Spectrometry. These methods provide different degrees of reliability. In particular the MALDI-TOF Mass Spectrometry is in general able to detect fur from domestic cat and dog and recent results suggest that this is probably also the case for treated fur.

In the EU there is at least at present one laboratory offering this analysis of fur commercially. The Commission is informed that the technology necessary to perform the MALDI-TOF Mass Spectrometry is available in several laboratories in Member States. Once an EU wide ban will be in force other laboratories would thus be able to perform this analysis if they developed the necessary database.

Despite the use of different techniques for the detection of cat and dog fur at present the entry into force of a EU wide ban should lead in the future to the positive effect of the application of a common approach to the enforcement by Member States. Therefore it is appropriate for the information regarding such techniques to be shared among Member States and made available to the Commission by 30 March 2009 and subsequently each year no later than March, so that enforcement bodies are kept up to date to innovation in this field.

COM(2006)0684
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