{"change_dates":[],"dossier":{"amendments":[],"changes":{"2014-11-10T01:32:25":[{"data":[{"body":"EC","commission":[{"Commissioner":"KYPRIANOU Markos","DG":{"title":"Health and Consumers","url":"http://ec.europa.eu/dgs/health_consumer/index_en.htm"}}],"date":"2006-11-20T00:00:00","docs":[{"celexid":"CELEX:52006PC0684:EN","text":["
PURPOSE: to\n ban the trading of cat and dog fur and products containing such fur.
PROPOSED ACT:\n Regulation of the European Parliament and of the Council.
BACKGROUND: there is a strong political\n demand to ban the trade on cat and dog fur or fur products. Member States\n have asked the Commission several times to undertake an initiative to ban the\n trade of cat and dog fur or products containing such fur in the Community.
In December 2003, the European Parliament adopted a declaration on\n a ban of the trade in cat and dog fur requesting the Commission to draft a\n regulation under internal market powers to ban the import, export, sale and\n production of cat and dog fur and skins, so as to restore the confidence of\n EU consumers and retailers and to end this trade.
The Council of Agriculture Ministers in November 2003 and again in\n May 2005 asked by a vast majority for an initiative at Community level to\n stop the trade in cat and dog fur and fur products. They highlighted that a\n ban at Community level would be more effective than national bans which\n cannot be
effective. Some Member States have already introduced a ban on the\n trade in cat and dog fur.
CONTENT: this proposal aims to ban the\n placing on the market, the import and export of cat and dog fur and products\n containing such fur and requires the Member States to inform each other about\n analytical methods used to identify cat and dog fur.
The enforcement of the proposed ban requires the availability and\n improvement of analytical methods to distinguish cat and dog fur from other\n species’ (in particular fox and wolf). As most fur from cat and dog is\n produced and processed in third countries and enters the Community as part of\n a garment or toy, the analytical methods must allow cat and dog fur\n identification also where fur has been treated (e.g. dyed, as dyeing may\n destroy the natural structure of a fur and even destroy the DNA).
Several methods are currently available and reported to be in use\n by the competent authorities of those Member States where a ban on trade,\n import or export is already in place. The methods offering the most reliable\n results according to the evaluations provided by Member States’ authorities\n are: microscopy, DNA testing and the MALDI-TOF Mass Spectrometry. These\n methods provide different degrees of reliability. In particular the MALDI-TOF\n Mass Spectrometry is in general able to detect fur from domestic cat and dog\n and recent results suggest that this is probably also the case for treated\n fur.
In the EU there is at least at present one laboratory offering\n this analysis of fur commercially. The Commission is informed that the\n technology necessary to perform the MALDI-TOF Mass Spectrometry is available\n in several laboratories in Member States. Once an EU wide ban will be in\n force other laboratories would thus be able to perform this analysis if they\n developed the necessary database.
Despite the use of different techniques for the detection of cat\n and dog fur at present the entry into force of a EU wide ban should lead in\n the future to the positive effect of the application of a common approach to\n the enforcement by Member States. Therefore it is appropriate for the\n information regarding such techniques to be shared among Member States and\n made available to the Commission by 30 March 2009 and subsequently each year\n no later than March, so that enforcement bodies are kept up to date to\n innovation in this field.
\nThe Council\n held an exchange of views on banning the marketing and import of cat and dog\n fur. Delegations were asked to share their experience on controls and\n analytical methods.
The Council\n noted the unanimous support of delegations for the proposal’s objective and\n for the principle of improving public information and consumer confidence.
Concerning the\n analytical tools needed to carry out efficient controls, most delegations\n offered either to share their experience or to co-operate with those Member\n States that had such a ban in force under their national law. Some\n delegations gave a reminder that the costs and resources involved in\n performing such controls should remain proportionate.
The Council\n also took note of those delegations (a majority) who oppose any derogation that\n could weaken the proposal’s objective. The Council mandated the Council’s\n preparatory bodies to continue the examination of the proposal, with a view\n to reaching a conclusion during the German Presidency.
\nIn adopting the report drafted by Ms\n Eva-Britt SVENSSON (GUE/NGL, S), the Committee on the Internal Market\n and Consumer Protection amended, in first reading of the codecision\n procedure, the proposal for a regulation of the European Parliament and of\n the Council banning the placing on the market and the import of, or export\n from, the Community of cat and dog fur and products containing such fur.
The main amendments adopted are as\n follows:
- a definition of 'fur', that is aligned\n 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\n cats from which fur could be obtained ;
- by including\n the sale, manufacture, offer for sale, transportation and distribution of cat\n and dog fur and products containing such fur, the text is further clarified\n for the avoidance of doubt;
- the Committee rejected the derogation\n proposed by the European Commission whereby it would have been possible to\n place on the Community market furs where such fur or products containing such\n fur is labelled as originating from cats or dogs that have not been bred or\n killed for fur production or which are personal or household effects being\n introduced into the Community, or exported there from;
- Members also call for the Member States\n to lay down the rules on penalties, including where appropriate criminal\n penalties, applicable to infringements of this Regulation and to take all\n measures necessary to ensure that they are implemented. In particular, Member\n States which seize consignments of cat and dog fur following the\n implementation of this Regulation shall adopt laws enabling them to\n confiscate and destroy such consignments and to suspend or revoke the\n import/export licences granted to the traders concerned;
- to ensure the involvement of the\n interested parties in the implementation of the regulation, Member States\n should also consider, where appropriate, providing for class actions. In\n addition, they shall report annually to the Commission on the application of\n the penalties;
- one year after the submission by the\n Member States of their second annual report, the Commission should report to\n the European Parliament and the Council on the implementation of this\n Regulation. This report should be updated following the submission of the\n fourth annual report by the Member States. The Commission's reports should be\n made available to the public;
- lastly,the Member States\n should report annually to the Commission on their enforcement of this\n Regulation and the adequacy of resources used to this end. These reports\n should include information on the provisions for training of customs\n officials and the procedures by which those officials ensure effective identification\n of dog and cat fur products and carry out appropriate action for the\n enforcement of this Regulation.
\nThe European\n Parliament adopted the resolution drafted by Eva-Britt SVENSSON (GUE/NGL, S),\n and made some amendments to the Commission’s proposal. Parliament entered\n into negotiations with the Council with a view to reaching agreement at first\n reading.
The main amendments\n adopted are as follows:
- Article 3 of\n the legislation states that the placing on the market and the import to or\n export from the Community of fur of cats and dogs and products containing\n such fur shall be prohibited ;
- Parliament\n agreed with its competent committee and rejected the derogation proposed by\n the European Commission. The derogation in question would have made it\n possible to place on the Community market furs where such fur is labelled as\n originating from cats or dogs that have not been bred or killed for fur\n production or which are personal or household effects being introduced into\n the Community, or exported there from. Parliament felt that this would leave\n a gaping loophole in the legislation, which traders would quickly exploit;
- by the way\n of exceptional derogation from Article 3, the Commission may adopt provisions\n to allow the placing on the market, import or export of fur of cats and dogs\n or products containing such fur for educational or taxidermy purposes\n including conditions under which such derogations shall be applied. These\n measures will be adopted in accordance with the regulatory procedure with\n scrutiny;
- Parliament\n amended some of the definitions in the text. It stated that \"cat' shall\n mean an animal of the species felis silvestris, and \"dog' shall mean an\n animal of the subspecies canis lupus familiaris;
- Member\n States must inform the Commission of the analytical methods they use to\n identify the species of origin of fur by 31 December 2008 and subsequently\n every time when required in the view of new developments;
- Member\n States must report to the Commission on their efforts to enforce the\n Regulation. And the Commission must produce a report on the implementation of\n the Regulation including customs activities no later than 2 years after the\n date of application of the Regulation. The Commission's report must be made\n available to the public.
- lastly, the\n Regulation will apply from 31 December 2008.
\nPURPOSE: to\n ban the placing on the market and the import to, or export from, the\n Community of cat and dog fur, and products containing such fur.
LEGISLATIVE\n ACT: Regulation (EC) No 1523/2007 of the European Parliament and of the\n Council banning the placing on the market and the import to, or export from,\n the Community of cat and dog fur, and products containing such fur.
CONTENT: the\n Regulation was adopted by a qualified majority at 1st reading, the\n Italian delegation voting against. The Regulation aims to ban the placing on\n the market and the import to, or export from, the Community of cat and dog fur,\n and products containing such fur in order to prevent obstacles to the smooth\n operation of the internal market and to re-establish consumer confidence in\n the fact that the fur products they buy do not contain cat or dog fur.
In exceptional\n cases, the Commission may adopt measures enabling the placing on the market\n and the import to, or export from, the Community of cat and dog fur, and\n products containing such fur for educational or taxidermy purposes, stipulating\n the conditions under which such derogations shall apply. These measures,\n which aim to amend the non-essential elements of the Regulation, will be\n adopted in the accordance with the new regulatory procedure with scrutiny\n (comitology).
Member States\n shall inform the Commission of the analytical methods they use to identify\n the species of origin of fur by 31 December 2008 and subsequently whenever\n required in the light of new developments. The Commission may adopt – in\n accordance with the regulatory procedure with scrutiny - measures\n establishing analytical methods to be used to identify the species of origin\n of fur.
Member States\n shall report to the Commission on their efforts to enforce this Regulation. The\n Commission shall report to the European Parliament and the Council on the\n application of this Regulation, including customs activities, no later than\n 31 December 2010. The Commission's report shall be made available to the\n public.
ENTRY INTO\n FORCE: 16/01/2008
APPLICATION:\n from 31/12/2008
\nPURPOSE: to\n ban the trading of cat and dog fur and products containing such fur.
PROPOSED ACT:\n Regulation of the European Parliament and of the Council.
BACKGROUND: there is a strong political\n demand to ban the trade on cat and dog fur or fur products. Member States\n have asked the Commission several times to undertake an initiative to ban the\n trade of cat and dog fur or products containing such fur in the Community.
In December 2003, the European Parliament adopted a declaration on\n a ban of the trade in cat and dog fur requesting the Commission to draft a\n regulation under internal market powers to ban the import, export, sale and\n production of cat and dog fur and skins, so as to restore the confidence of\n EU consumers and retailers and to end this trade.
The Council of Agriculture Ministers in November 2003 and again in\n May 2005 asked by a vast majority for an initiative at Community level to\n stop the trade in cat and dog fur and fur products. They highlighted that a\n ban at Community level would be more effective than national bans which\n cannot be
effective. Some Member States have already introduced a ban on the\n trade in cat and dog fur.
CONTENT: this proposal aims to ban the\n placing on the market, the import and export of cat and dog fur and products\n containing such fur and requires the Member States to inform each other about\n analytical methods used to identify cat and dog fur.
The enforcement of the proposed ban requires the availability and\n improvement of analytical methods to distinguish cat and dog fur from other\n species’ (in particular fox and wolf). As most fur from cat and dog is\n produced and processed in third countries and enters the Community as part of\n a garment or toy, the analytical methods must allow cat and dog fur\n identification also where fur has been treated (e.g. dyed, as dyeing may\n destroy the natural structure of a fur and even destroy the DNA).
Several methods are currently available and reported to be in use\n by the competent authorities of those Member States where a ban on trade,\n import or export is already in place. The methods offering the most reliable\n results according to the evaluations provided by Member States’ authorities\n are: microscopy, DNA testing and the MALDI-TOF Mass Spectrometry. These\n methods provide different degrees of reliability. In particular the MALDI-TOF\n Mass Spectrometry is in general able to detect fur from domestic cat and dog\n and recent results suggest that this is probably also the case for treated\n fur.
In the EU there is at least at present one laboratory offering\n this analysis of fur commercially. The Commission is informed that the\n technology necessary to perform the MALDI-TOF Mass Spectrometry is available\n in several laboratories in Member States. Once an EU wide ban will be in\n force other laboratories would thus be able to perform this analysis if they\n developed the necessary database.
Despite the use of different techniques for the detection of cat\n and dog fur at present the entry into force of a EU wide ban should lead in\n the future to the positive effect of the application of a common approach to\n the enforcement by Member States. Therefore it is appropriate for the\n information regarding such techniques to be shared among Member States and\n made available to the Commission by 30 March 2009 and subsequently each year\n no later than March, so that enforcement bodies are kept up to date to\n innovation in this field.
\nThe Council\n held an exchange of views on banning the marketing and import of cat and dog\n fur. Delegations were asked to share their experience on controls and\n analytical methods.
The Council\n noted the unanimous support of delegations for the proposal’s objective and\n for the principle of improving public information and consumer confidence.
Concerning the\n analytical tools needed to carry out efficient controls, most delegations\n offered either to share their experience or to co-operate with those Member\n States that had such a ban in force under their national law. Some\n delegations gave a reminder that the costs and resources involved in\n performing such controls should remain proportionate.
The Council\n also took note of those delegations (a majority) who oppose any derogation that\n could weaken the proposal’s objective. The Council mandated the Council’s\n preparatory bodies to continue the examination of the proposal, with a view\n to reaching a conclusion during the German Presidency.
\nIn adopting the report drafted by Ms\n Eva-Britt SVENSSON (GUE/NGL, S), the Committee on the Internal Market\n and Consumer Protection amended, in first reading of the codecision\n procedure, the proposal for a regulation of the European Parliament and of\n the Council banning the placing on the market and the import of, or export\n from, the Community of cat and dog fur and products containing such fur.
The main amendments adopted are as\n follows:
- a definition of 'fur', that is aligned\n 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\n cats from which fur could be obtained ;
- by including\n the sale, manufacture, offer for sale, transportation and distribution of cat\n and dog fur and products containing such fur, the text is further clarified\n for the avoidance of doubt;
- the Committee rejected the derogation\n proposed by the European Commission whereby it would have been possible to\n place on the Community market furs where such fur or products containing such\n fur is labelled as originating from cats or dogs that have not been bred or\n killed for fur production or which are personal or household effects being\n introduced into the Community, or exported there from;
- Members also call for the Member States\n to lay down the rules on penalties, including where appropriate criminal\n penalties, applicable to infringements of this Regulation and to take all\n measures necessary to ensure that they are implemented. In particular, Member\n States which seize consignments of cat and dog fur following the\n implementation of this Regulation shall adopt laws enabling them to\n confiscate and destroy such consignments and to suspend or revoke the\n import/export licences granted to the traders concerned;
- to ensure the involvement of the\n interested parties in the implementation of the regulation, Member States\n should also consider, where appropriate, providing for class actions. In\n addition, they shall report annually to the Commission on the application of\n the penalties;
- one year after the submission by the\n Member States of their second annual report, the Commission should report to\n the European Parliament and the Council on the implementation of this\n Regulation. This report should be updated following the submission of the\n fourth annual report by the Member States. The Commission's reports should be\n made available to the public;
- lastly,the Member States\n should report annually to the Commission on their enforcement of this\n Regulation and the adequacy of resources used to this end. These reports\n should include information on the provisions for training of customs\n officials and the procedures by which those officials ensure effective identification\n of dog and cat fur products and carry out appropriate action for the\n enforcement of this Regulation.
\nThe European\n Parliament adopted the resolution drafted by Eva-Britt SVENSSON (GUE/NGL, S),\n and made some amendments to the Commission’s proposal. Parliament entered\n into negotiations with the Council with a view to reaching agreement at first\n reading.
The main amendments\n adopted are as follows:
- Article 3 of\n the legislation states that the placing on the market and the import to or\n export from the Community of fur of cats and dogs and products containing\n such fur shall be prohibited ;
- Parliament\n agreed with its competent committee and rejected the derogation proposed by\n the European Commission. The derogation in question would have made it\n possible to place on the Community market furs where such fur is labelled as\n originating from cats or dogs that have not been bred or killed for fur\n production or which are personal or household effects being introduced into\n the Community, or exported there from. Parliament felt that this would leave\n a gaping loophole in the legislation, which traders would quickly exploit;
- by the way\n of exceptional derogation from Article 3, the Commission may adopt provisions\n to allow the placing on the market, import or export of fur of cats and dogs\n or products containing such fur for educational or taxidermy purposes\n including conditions under which such derogations shall be applied. These\n measures will be adopted in accordance with the regulatory procedure with\n scrutiny;
- Parliament\n amended some of the definitions in the text. It stated that \"cat' shall\n mean an animal of the species felis silvestris, and \"dog' shall mean an\n animal of the subspecies canis lupus familiaris;
- Member\n States must inform the Commission of the analytical methods they use to\n identify the species of origin of fur by 31 December 2008 and subsequently\n every time when required in the view of new developments;
- Member\n States must report to the Commission on their efforts to enforce the\n Regulation. And the Commission must produce a report on the implementation of\n the Regulation including customs activities no later than 2 years after the\n date of application of the Regulation. The Commission's report must be made\n available to the public.
- lastly, the\n Regulation will apply from 31 December 2008.
\nPURPOSE: to\n ban the placing on the market and the import to, or export from, the\n Community of cat and dog fur, and products containing such fur.
LEGISLATIVE\n ACT: Regulation (EC) No 1523/2007 of the European Parliament and of the\n Council banning the placing on the market and the import to, or export from,\n the Community of cat and dog fur, and products containing such fur.
CONTENT: the\n Regulation was adopted by a qualified majority at 1st reading, the\n Italian delegation voting against. The Regulation aims to ban the placing on\n the market and the import to, or export from, the Community of cat and dog fur,\n and products containing such fur in order to prevent obstacles to the smooth\n operation of the internal market and to re-establish consumer confidence in\n the fact that the fur products they buy do not contain cat or dog fur.
In exceptional\n cases, the Commission may adopt measures enabling the placing on the market\n and the import to, or export from, the Community of cat and dog fur, and\n products containing such fur for educational or taxidermy purposes, stipulating\n the conditions under which such derogations shall apply. These measures,\n which aim to amend the non-essential elements of the Regulation, will be\n adopted in the accordance with the new regulatory procedure with scrutiny\n (comitology).
Member States\n shall inform the Commission of the analytical methods they use to identify\n the species of origin of fur by 31 December 2008 and subsequently whenever\n required in the light of new developments. The Commission may adopt – in\n accordance with the regulatory procedure with scrutiny - measures\n establishing analytical methods to be used to identify the species of origin\n of fur.
Member States\n shall report to the Commission on their efforts to enforce this Regulation. The\n Commission shall report to the European Parliament and the Council on the\n application of this Regulation, including customs activities, no later than\n 31 December 2010. The Commission's report shall be made available to the\n public.
ENTRY INTO\n FORCE: 16/01/2008
APPLICATION:\n from 31/12/2008
\n