Regulation (EC) No 1523/2007 of the European Parliament and of the Council of 11 December 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 (Text with EEA relevance )
Date: 2007-12-11
Institutions: Council of the European Union, European Parliament
Subjects: domestic animal, export restriction, fur-bearing animal, hides and furskins industry, import restriction, marketing restriction

27.12.2007

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Official Journal of the European Union

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

REGULATION (EC) No 1523/2007 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 December 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

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(2)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 95 and 133 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

Whereas:

(4)

It is appropriate to clarify that only fur of species of
domestic cats and dogs
should be covered by this
Regulation. However, as it is scientifically impossible to
differentiate fur of domestic cats from fur of other non-
domestic cat subspecies, a definition of cat as ‘felis silvestris’,
which includes also non-domestic cat subspecies, should be
adopted in this Regulation.

(3)

In response to consumer concern, several Member States
have adopted legislation aiming at preventing the produc-
tion and marketing of fur from cats and dogs.

(1)

In the perception of EU citizens, cats and dogs are
is not
considered to be pet animals and therefore it
acceptable to use their fur or products containing such fur.
Evidence exists of the presence in the Community of non-
labelled fur from cats and dogs and of products containing
such fur. As a consequence, consumers have become
concerned about the possibility that they could buy cat and
dog fur, and products containing such fur. On 18 December
2003 (3), the European Parliament adopted a declaration
expressing its concerns about the trade in such fur and
products and requesting that it be ended so as to restore the
confidence of EU consumers and retailers. During its
meetings of 17 November 2003 and 30 May 2005, the
Agriculture and Fisheries Council also highlighted the need
to adopt rules on the trade in cat and dog fur, and products
containing such fur as soon as possible.

(1) OJ C 168, 20.7.2007, p. 42.
(2) Opinion of the European Parliament of 19 June 2007 (not yet
Journal) and Council Decision of

published in the Official
26 November 2007.

(3) OJ C 91 E, 15.4.2004, p. 695.

There are differences between Member States' provisions
governing the trade, import, production and labelling of fur
and fur products, with the aim of preventing cat and dog
fur from being put on the market or otherwise used for
commercial purposes. Whilst some Member States have
adopted a total ban on the production of fur from cats and
dogs by banning the rearing or the slaughter of such
animals for fur production purposes, others have adopted
restrictions on the production or
fur and
In some Member States,
products containing such fur.
labelling requirements have been introduced. Citizens'
increasing awareness of the issue is likely to prompt more
Member States to adopt further restrictive measures at
national level.

import of

(5) As a result, certain EU fur traders introduced a voluntary
code of conduct to refrain from trading in cat and dog fur,
and products containing such fur. However, this code has
proved insufficient to prevent the importation and sale of
cat and dog fur, particularly where fur traders deal in fur
whose species of origin is not indicated and not easily
recognizable, or purchase products containing such fur and

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are confronted with the risk either that the products in
question cannot legally be traded in one or more of the
Member States or that trade in one or more Member States
is subject to additional requirements aimed at preventing
the use of cat and dog fur.

(12) A ban on exports should also ensure that cat and dog fur,
and products containing such fur are not produced in the
Community for export.

(6)

The differences between national measures as regards cat
and dog fur constitute barriers to the fur trade in general.
Those measures impede the smooth operation of
the
internal market,
since the existence of diverse legal
requirements hamper fur production in general and make
it more difficult for fur legally imported to, or produced in,
the Community to circulate freely within the Community.
The diverse legal requirements across the Member States
lead to additional burdens and costs for fur traders.

(7) Moreover, the public is confused by the diversity of legal
requirements in the Member States, which itself creates an
impediment to trade.

(8)

(9)

The measures provided for
in this Regulation should
therefore harmonise the rules across the Member States as
regards banning the sale, offer for sale and distribution of
cat and dog fur, and products containing such fur, and
thereby prevent the disturbance of the internal market for
all other similar products.

To eliminate the present fragmentation of
the internal
market there is a need for harmonisation where the most
effective and proportionate instrument
the
barriers to trade resulting from diverging national require-
ments would be a ban on the placing on the market and on
the import to, or export from, the Community of cat and
dog fur, and products containing such fur.

to counter

(10) A labelling requirement would not be suitable to achieve
the same result since it would disproportionately burden
the garment industry, including traders who specialise in
faux fur, and would also be disproportionately costly in
cases where fur represents only a tiny part of the product.

(11) There is no tradition of rearing cats and dogs for fur
production purposes in the Community, although instances
of manufacturing cat and dog fur have been noted. It
appears in fact that the vast majority of cat and dog fur
products in the Community originate from third countries.
Thus,
in order to be more effective, the ban on intra-
Community trade should be accompanied by a ban on
imports of the same products into the Community. Such an
import ban would also respond to concerns expressed by
consumers as
to the possible introduction into the
Community of fur from cats and dogs, especially since
there are indications that those animals may be kept and
slaughtered inhumanely.

(13) However, it is appropriate to provide for the possibility of
limited derogations from the general ban on the placing on
the market and on the import to or export from the
Community of cat and dog fur, and products containing
such fur. Such is the case in relation to cat and dog fur
imported and placed on the market for educational or
taxidermy purposes.

(14) Regulation (EC) No 1774/2002 of the European Parliament
and of the Council (1) lays down animal and public health
rules for the placing on the market and the import or
export of animal by-products, including cat and dog fur. It
is
this
therefore appropriate to clarify the scope of
Regulation, which should be the only act to apply to the
placing on the market and the import or export of cat and
including raw fur.
dog fur at all stages of production,
However, this Regulation should not affect the obligations
under Regulation (EC) No 1774/2002 concerning the
disposal of cat and dog fur for public health reasons.

(15) Measures for the ban of the use of cats and dogs for fur
production should be enforced uniformly across
the
Community. However, the techniques currently used to
identify cat and dog fur, such as DNA testing, microscopy
and MALDI-TOF Mass Spectrometry, vary from one
Member State to another. It is appropriate for information
regarding such techniques to be made available to the
Commission, so that enforcement bodies are kept abreast of
innovations in this field and so that the possibilities for
prescribing a uniform technique can be assessed.

(16) The measures necessary for the implementation of this
Regulation should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
implementing powers
the exercise of
procedures
conferred on the Commission (2).

for

(17)

In particular, the Commission should be empowered to
establish analytical methods to identify the species of origin
of fur and exceptionally to adopt measures which derogate
from the prohibitions laid down in this Regulation. Since
those measures are of general scope and are designed to
amend non-essential elements of this Regulation, inter alia,
by supplementing it with new non-essential elements, they
must be adopted in accordance with the regulatory
procedure with scrutiny provided for in Article 5a of
Decision 1999/468/EC.

(1) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by
Commission Regulation (EC) No 829/2007 (OJ L 191, 21.7.2007,
p. 1).

(2) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

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(18) Member States

the provisions of

should lay down rules on penalties
applicable to infringements of
this
Regulation and ensure that they are implemented. Those
penalties should be effective, proportionate and dissuasive.
In particular, Member States which seize consignments of
cat and dog fur following the application of this Regulation
should adopt laws allowing the confiscation and destruc-
tion of
suspension or
revocation of the import or export licences granted to the
traders concerned. Member States should be encouraged to
apply criminal sanctions where this is possible under their
national law.

such consignments and the

(19) Since

the objective of

this Regulation, namely the
elimination of obstacles to the functioning of the internal
market by harmonising at Community level national bans
concerning the trade in cat and dog fur, and products
containing such fur, cannot be sufficiently achieved by the
Member States and can therefore be better achieved at
Community level, the Community may adopt measures, in
accordance with the principle of subsidiarity as set out in
Article 5 of the Treaty. In accordance with the principle of
proportionality, as set out in that Article, this Regulation
does not go beyond what is necessary to achieve that
objective,

HAVE ADOPTED THIS REGULATION:

Article 1

Objective

The purpose of this Regulation is 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
eliminate obstacles to the functioning of the internal market and
to restore consumer confidence in the fact that the fur products
which consumers buy do not contain cat and dog fur.

Article 2

Definitions

For the purpose of this Regulation, the following definitions shall
apply:

1.

‘cat’ shall mean an animal of the species felis silvestris;

‘dog’ shall mean an animal of the subspecies canis lupus
familiaris;

‘placing on the market’ shall mean the holding of cat and/or
dog fur or a product containing such fur for the purpose of
sale, which includes offer for sale, sale and distribution;

2.

3.

4.

imports of a non-commercial nature within the meaning of
Article 45(2)(b) of Council Regulation (EEC) No 918/83 of
28 March 1983 setting up a Community system of reliefs
from customs duty (2);

5.

‘export’ shall mean an export procedure allowing Commu-
nity goods to leave the customs territory of the Community
within the meaning of Article 161 of Regulation (EEC)
No 2913/92.

Article 3

Prohibitions

The placing on the market and the import to, or export from, the
Community of cat and dog fur, and products containing such fur
shall be prohibited.

Article 4

Derogations

By way of derogation from Article 3, the Commission may
exceptionally adopt measures allowing the placing on the market
or the import or export of cat and dog fur or products
containing such fur for educational or taxidermy purposes.

Those measures, designed to amend non-essential elements of
this Regulation and stipulating the conditions under which such
derogations shall apply, shall be adopted in accordance with the
regulatory procedure with scrutiny referred to in Article 6(2).

Article 5

Methods for identifying the species of origin of fur

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 measures establishing analytical
methods to be used to identify the species of origin of fur. Those
measures, designed to amend non-essential elements of this
Regulation by supplementing it with new elements, shall be
adopted in accordance with the regulatory procedure with
scrutiny referred to in Article 6(2) and included in an annex to
this Regulation.

Article 6

Committee

‘import’ shall mean the release for free circulation within
the meaning of Article 79 of Council Regulation (EEC)
No 2913/92 of 12 October 1992 establishing the
Community Customs Code (1), with the exception of

assisted by the Standing
1. The Commission shall be
Committee on the Food Chain and Animal Health established
by Article 58(1) of Regulation (EC) No 178/2002 of
the
European Parliament and of the Council of 28 January 2002

(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by
Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(2) OJ L 105, 23.4.1983, p. 1. Regulation as last amended by the 2003

Act of Accession.

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laying down the general principles and requirements of food law,
establishing the European Food Safety Authority and laying
down procedures in matters of food safety (1).

2. Where reference is made to this paragraph, Article 5a(1) to
(4), and Article 7 of Decision 1999/468/EC shall apply, having
regard to the provisions of Article 8 thereof.

Article 7

Reports

Article 8

Penalties

Member States shall lay down the rules on penalties applicable to
infringements of this Regulation and shall take all measures
necessary to ensure that they are implemented. The penalties
provided for shall be effective, proportionate and dissuasive.
Member States shall notify the Commission of those provisions
by 31 December 2008, and shall notify it without delay of any
subsequent amendment thereto.

Member States shall report to the Commission on their efforts to
enforce this Regulation.

Article 9

Entry into force and applicability

The Commission shall report to the European Parliament and the
Council on the application of this Regulation, including customs
activities relating thereto, no later than 31 December 2010.

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

The Commission's report shall be made available to the public.

It shall apply from 31 December 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 11 December 2007.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

M. LOBO ANTUNES

(1) OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission

Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3).