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 ; 2. ‘dog’ shall mean an animal of the subspecies canis lupus familiaris ; 3. ‘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; 4. ‘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 ( 6 ) , with the exception of 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 ( 7 ) ; 5. ‘export’ shall mean an export procedure allowing Community 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
1. The Commission shall be assisted by the Standing 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 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 ( 8 ) . 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
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 relating thereto, no later than 31 December 2010. The Commission's report shall be made available to the public.
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.
Article 9 Entry into force and applicability
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union . It shall apply from 31 December 2008.