CELEX: 32022D0482
Language: en
Date: 2022-03-16 00:00:00
Title: Commission Implementing Decision (EU) 2022/482 of 16 March 2022 on the request for registration of the European citizens’ initiative entitled ‘Fur Free Europe’ pursuant to Regulation (EU) 2019/788 of the European Parliament and of the Council (notified under document C(2022) 1530) (Only the English text is authentic)

25.3.2022   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 98/82
               
            
         COMMISSION IMPLEMENTING DECISION (EU) 2022/482
         of 16 March 2022
         on the request for registration of the European citizens’ initiative entitled ‘Fur Free Europe’ pursuant to Regulation (EU) 2019/788 of the European Parliament and of the Council
         
            
               (notified under document C(2022) 1530)
            
         
         (Only the English text is authentic)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2019/788 of the European Parliament and of the Council of 17 April 2019 on the European citizens’ initiative (1), and in particular Article 6(2) and (3) thereof,
         Whereas:
         
                     (1)
                  
                  
                     A request for registration of a European citizens’ initiative entitled ‘Fur Free Europe’ was submitted to the Commission on 25 January 2022.
                  
               
                     (2)
                  
                  
                     The objectives of the initiative as expressed by the organisers in the annex to the initiative are ‘to achieve an EU-wide ban on: (a) keeping and killing of animals for the sole or main purpose of fur production; (b) placing farmed animal fur, and products containing such fur, on the EU market’.
                  
               
                     (3)
                  
                  
                     An annex and an additional document provide further details on the subject matter, objectives and background to the initiative, by setting out and detailing the reasons to support the end of fur farming. The organisers claim that fur farming is inherently cruel, since the vast majority of animals kept for its production are still essentially wild, while a clear majority of Union citizens wants to see fur farming banned. Fur farming poses a risk to animal and human health as well as to native biodiversity. The organisers refer to some Member States’ initiatives to eliminate fur production at national level. At the same time those national divergences lead to a distortion in the Union’s internal market, justifying in their view, an EU-wide outright ban under Article 114 TFEU. They also claim that the marketing of farmed fur and products containing such fur should not be allowed in the Union.
                  
               
                     (4)
                  
                  
                     As regards the objectives of the initiative to achieve an EU-wide ban on both fur farming and fur commercialization in the Union, insofar as they aim at improving the functioning of the internal market, the Commission has the power to present proposals for legal acts on the basis of Article 114 TFEU. In addition, as regards the objective to achieve an EU-wide ban on fur farming, a legal act of the Union for the purpose of implementing the Treaties can be adopted for provisions necessary for the pursuit of the objectives of the common agricultural policy on the basis of Article 43(2) TFEU.
                  
               
                     (5)
                  
                  
                     For those reasons, none of the parts of the initiative manifestly falls outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties.
                  
               
                     (6)
                  
                  
                     This conclusion is without prejudice to the assessment of whether the concrete factual and substantive conditions required for the Commission to act, including compliance with the principles of proportionality and subsidiarity and compatibility with fundamental rights, would be met in this case.
                  
               
                     (7)
                  
                  
                     The group of organisers has provided appropriate evidence that it fulfils the requirements laid down in Article 5(1) and (2) of Regulation (EU) 2019/788 and has designated the contact persons in accordance with Article 5(3), first subparagraph, of that Regulation.
                  
               
                     (8)
                  
                  
                     The initiative is not manifestly abusive, frivolous or vexatious, nor is it manifestly contrary to the values of the Union as set out in Article 2 of the Treaty on European Union and rights enshrined in the Charter of Fundamental Rights of the European Union.
                  
               
                     (9)
                  
                  
                     The initiative entitled ‘Fur Free Europe’ should therefore be registered.
                  
               
                     (10)
                  
                  
                     The conclusion that the conditions for registration under Article 6(3) of Regulation (EU) 2019/788 are fulfilled does not imply that the Commission in any way confirms the factual correctness of the content of the initiative, which is the sole responsibility of the group of organisers of the initiative. The content of the initiative only expresses the views of the group of organisers, and can in no way be taken to reflect the views of the Commission,
                  
               HAS ADOPTED THIS DECISION:
         
            Article 1
            The European citizens’ initiative entitled ‘Fur Free Europe’ shall be registered.
         
         
            Article 2
            This Decision is addressed to the group of organisers of the citizens’ initiative entitled ‘Fur Free Europe’, represented by Ms Elise FLEURY and Ms Agnese MARCON acting as contact persons.
         
         
            Done at Brussels, 16 March 2022.
            
               
                  For the Commission
               
               Věra JOUROVÁ
               
                  Vice-President
               
            
         
         
            (1)  OJ L 130, 17.5.2019, p. 55.