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The Cat and Dog Fur Regulation: A Case Study on the European Union’s Approach to Animal Welfare

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Abstract

The Cat and Dog Fur Regulation, which bans the importation and exportation of real cat and dog fur, has been in force since 2008. The Regulation was a welcome development, however, a recent investigation carried out by the Humane Society International/UK and Sky News uncovered the sale of items of clothing containing real cat fur on the British high-street. This discovery, coupled with a recent report by the European Commission on the application of the Cat and Dog Fur Regulation, has undermined the efficacy of the Regulation. It raises questions as to the enforcement of the Regulation, and indeed the enforcement of EU animal welfare protection and legislation in general. The Cat and Dog Fur Regulation is but one piece of legislation, however, using this Regulation on a micro-level, helps understand the EU’s approach on a macro-level. The Cat and Dog Fur Regulation typifies the supineness of the EU when it comes to dealing with ethical issues. The European Commission needs to ensure that Member States are fulfilling their obligations under the Regulation and EU animal welfare provisions in general, by adopting a more forceful approach, which may necessitate it taking infringement proceedings under Article 258 TFEU. There is a need for Member States to carry out DNA testing for real cat and dog fur on goods purchased online, especially those coming from outside the EU. There is a dearth of academic commentary on the Cat and Dog Fur Regulation. The lack of discussion undermines the importance of this piece of legislation. Brexit also has implications for EU animal welfare. UK had already banned fur farming before the Regulation, thus the ban on the importation and exportation of fur should remain under domestic law.

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Notes

  1. 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 COM (2006) 684 final, http://www.europarl.europa.eu/meetdocs/2004_2009/documents/com/com_com(2006)0684_/com_com(2006)0684_en.pdf. The European Parliament adopted a declaration in December 2003 requesting the Commission to draft a regulation banning the marketing, import and export, and production of dog and cat fur and skins, at p. 7 of COM (2006) 684.

  2. Ibid. at p.2.

  3. Ibid.

  4. Ibid.

  5. Press Release, Cat and dog fur: Commission Proposes Total EU Ban, 20 November 2006, http://europa.eu/rapid/pressReleasesAction.do?reference=IP/06/1586.

  6. COM (2006) 684 final supra n. 1, at p. 2.

  7. Ibid.

  8. Ibid. In China in 2006, it was estimated that 5400 dogs and cats were killed on a daily basis, see The Associated Press, “European Union Plans Dog and Cat Fur Ban”, New York Times, 21 November 2006, http://www.nytimes.com/2006/11/21/world/europe/21briefs-dogandcatfur.html. Accessed 20 December 2017.

  9. COM (2006) 684 final supra n. 1, at p. 3.

  10. 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) OJ L 343, 27.12.2007, pp. 1–4. The full text of the Regulation is available at: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32007R1523&from=EN.

  11. Secondary legislation has been introduced in a number of areas including laboratory animals, farm animals, protection of wildlife, the ban on testing cosmetics on animals, zoo animals and animals being transported: Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes, OJ L 221, 8.8.1998, pp. 23–27; Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs (Codified version), OJ L 47, 18.2.2009, pp. 5–13; Council Directive 2008/119/EC of 18 December 2008 laying down minimum standards for the protection of calves (Codified version), OJ L 10, 15.1.2009, pp. 7–13; Council Directive 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production (Text with EEA relevance), OJ L 182, 12.7.2007; Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens, OJ L 203, 3.8.1999, pp. 53–57; Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 OJ L 3, 5.1.2005, pp. 1–44; 2013/188/EU: Commission Implementing Decision of 18 April 2013 on annual reports on non-discriminatory inspections carried out pursuant to Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (notified under document C(2013) 2098) Text with EEA relevance, OJ L 111, 23.4.2013, pp. 107–114; Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing (Text with EEA relevance), OJ L 303, 18.11.2009; Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes Text with EEA relevance, OJ L 276, 20.10.2010, pp. 33–79; Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos, OJ L 94, 9.4.1999, pp. 24–26; Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992, pp. 7–50 and Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (Text with EEA relevance), OJ L 342, 22.12.2009, pp. 59–209.

  12. Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens OJ L 203, 3.8.1999, pp. 53–57. In Ireland the term free range was suspended for a number of months as there was an increased risk of Highly Pathogenic Avian Influenza (HPAI) and as a precautionary measure hens had to be housed indoors from 23 December 2016 until 30 April 2017, see S.I. No. 677/2016-Avian Influenza (Precautionary Confinement of Birds) Regulations 2016 and this was revoked by: S.I. No. 165/2017-Avian Influenza (Precautionary Confinement of Birds) Regulations 2016 (Revocation) Regulations 2017.

  13. COM (2006) 684 final supra n. 1, at p. 3.

  14. Ibid.

  15. Ibid.

  16. Ibid.

  17. Ibid. at p. 5.

  18. Ibid., at p. 3.

  19. Ibid., at p. 10.

  20. Ibid.

  21. Press Release, “MEPS call for a complete ban on the cat and dog fur trade in the EU”, 18 June 2007. http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+IM-PRESS+20070615IPR07883+0+DOC+PDF+V0//EN&language=EN.

  22. COM (2006) 684 final supra n. 1, at p. 5.

  23. Article 258 states: If the Commission considers that a Member State has failed to fulfil an obligation under the Treaties, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations. If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice of the European Union. Article 259 TFEU empowers a Member State to bring another Member State before the CJEU.

  24. S.I. No. 513 of 2008. This was amended by S.I. No. 112/2014—European Union (Animal Health) (Adaptation) Regulations 2014 in order to update the definition of authorised officer within the meaning of section 2 of the Animal Health and Welfare Act 2013.

  25. Defined in section 37 of Animal Health and Welfare Act 2013.

  26. Under section 6 of the 2008 Regulations, the authorised officer has reasonable cause to suspect that “fur derived from a cat or dog or any article that consists of or contains fur derived from a cat or dog is present, has been present or may be present…”.

  27. Liable on summary conviction.

  28. S.I. No. 2795. See also SCHEDULE 2, section 1(3) (b) of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015, S.I. No. 664 in relation to statutory maximum fines.

  29. The TARIC website can be accessed at: https://ec.europa.eu/taxation_customs/business/calculation-customs-duties/what-is-common-customs-tariff/taric_en.

  30. This method identifies whether the sample is from a domestic cat or dog and can differentiate dog fur from fox, coyote, jackal and racoon dog fur. However, it cannot differentiate fur of domestic cats from fur obtained from hybrids of domestic and Bengal cats. It can be difficult to analyse the sample if it has been treated with a chemical agent such as dye, Report, at p. 6.

  31. Ireland uses the MALDI-TOF and the UK uses DNA analysis. SIAM by MALDI-TOF mass spectrometry can analyse a broader range of species of origin and can detect the origin of the fur even if it has been chemically treated.

  32. This information was gathered from the questionnaires furnished by Member States to the Commission.

  33. The Report footnotes the following: “Consignments seized were not necessarily sampled for analysis since non-compliance may have been detected for other reasons than positive results from analysis”.

  34. Non-compliance means that the sample tested positive for cat or dog fur.

  35. Regulation (EU) No 1007/2011 of the European Parliament and of the Council of 27 September 2011 on textile fibre names and related labelling and marking of the fibre composition of textile products and repealing Council Directive 73/44/EEC and Directives 96/73/EC and 2008/121/EC.

  36. Humane Society International/UK, “Illegal cat fur sold as faux fur on British high-street”, 10 April 20017, http://www.hsi.org/world/united_kingdom/news/releases/2017/04/illegal-cat-fur-sold-as-faux-041017.html. The test was carried out by a scientist in a laboratory that is used by the Trading Standards for analysing fur.

  37. Ibid.

  38. Ibid.

  39. Ibid.

  40. Ibid.

  41. Ibid.

  42. Humane Society International/UK, “T K MAXX, Boohoo, Not On The High Street Among Online Retail Giants Caught Selling Real Fur Advertised As ‘Faux’”, 20 December 2017, http://www.hsi.org/world/united_kingdom/news/releases/2017/12/online-real-as-faux-122017.html.

  43. This is noted by the European Parliament when it refers to the generality of EU animal welfare legislation and policy, see Animal Welfare in the EU: European Parliament’s Directorate-General for Internal Policies, Policy Department C: Citizen’s Rights and Constitutional Affairs, Petitions, A Study for the Peti Committee, January 2017, http://www.europarl.europa.eu/RegData/etudes/STUD/2017/583114/IPOL_STU(2017)583114_EN.pdf, pp. 49–53. The Directorate-General for Internal Policies of the Union is responsible for organising the work of the European Parliament’s committees in the field of internal policies and contributing to the exercise and development of the legislative and control powers of the European Parliament. See also: Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the European Union Strategy for the Protection and Welfare of Animals 2012-2015 COM(2012) 6 final of 19.1.2012, http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52012DC0006, at p. 4.

  44. OJ L 286/36, 31.10.2009.

  45. Article 14 of the Regulation states: “The hunt is an integral part of the culture and identity of the members of the Inuit society, and as such is recognized by the United Nations Declaration on the Rights of Indigenous Peoples. Therefore, the placing on the market of seal products which result from hunts traditionally conducted by Inuit and other indigenous communities and which contribute to their subsistence should be allowed”. Sellheim thus argues that the Seal Regulation was not based on a moral concern for seals.

  46. The EEC Treaty, often referred to as the Treaty of Rome, came into effect on 1 January 1958.

  47. In 1957 the authors of the EEC Treaty felt that human rights were too sensitive an issue to include so soon after World War II.

  48. For more detail see the relevant websites: https://ec.europa.eu/food/animals_en; https://ec.europa.eu/growth/sectors/cosmetics/animal-testing_en; http://ec.europa.eu/consumers/sectors/cosmetics/media/photos/rabbit-05.jpg; http://ec.europa.eu/environment/nature/index_en.htm.

  49. C-67/97 Bluhme (Ditlev) (Criminal proceedings against Ditlev Bluhme) (Brown Bees of Lasso) [1998] ECR I-8033.

  50. Council Directive 74/577/EEC of 18 November 1974 on stunning of animals before slaughter which was repealed by way of Council Directive 93/119/EC of 22 December 1993 on the protection of animals at the time of slaughter or killing. For a factsheet see: https://ec.europa.eu/food/sites/food/files/animals/docs/aw_infograph_40-years-of-aw.pdf. Animal welfare is defined to include three elements: “the emotional state of the animal, its biological functioning and its ability to show normal patterns of behaviour”, Ivana Katsarova, “Animal welfare protection in the EU”, 28/02/2013, http://www.europarl.europa.eu/RegData/bibliotheque/briefing/2013/130438/LDM_BRI(2013)130438_REV1_EN.pdf.

  51. This Directive was introduced under Article 43 of the EEC Treaty (which was renumbered as Article 37 under the Treaty of Amsterdam and is now Article 43 of the TFEU and provides for the introduction of legislation using the ordinary legislative procedure under the common agricultural policy) and Article 100 of the EEC Treaty (which was renumbered as Article 94 under the Amsterdam Treaty and is now Article 115 of the TFEU and provides that Council shall, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament and the Economic and Social Committee, issue directives for the approximation of such laws, regulations or administrative provisions of the Member States as directly affect the establishment or functioning of the internal market).

  52. Council Decision 78/923/EEC of 19 June 1978 concerning the conclusion of the European Convention for the protection of animals kept for farming purposes. In 1988, there was another Council Decision that gave cognisance to the Convention 88/306/EEC: Council Decision of 16 May 1988 on the conclusion of the European Convention for the Protection of Animals for Slaughter.

  53. Ibid.

  54. Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes. Once the TFEU and the Treaty on European Union (Lisbon) came into force and all references to the word “Community” were removed and replaced with the word “Union”, the European Convention on the Protection of Animals kept for Farming Purposes was amended to reflect this change, see: https://ec.europa.eu/food/sites/food/files/animals/docs/aw_european_convention_protection_animals_en.pdf.

  55. According to the European Food Safety Authority (EFSA): “The EU has among the world’s highest standards of animal welfare”, http://www.efsa.europa.eu/en/topics/topic/animalwelfare. See also, European Commission, “Milestones in improving animal welfare” (2012), https://ec.europa.eu/food/sites/food/files/animals/docs/aw_infograph_milestones_en.pdf.

  56. There is a European Convention for the Protection of Pet Animals (ETS No.125), neither Ireland, the UK or the EU have signed up to or ratified this Convention. For more details see: http://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/125/signatures?p_auth=zvYSTsNN. This was recently highlighted in a paper on Animal Welfare in the European Union and produced by the European Parliament (supra. n. 43).

  57. Declaration on the Welfare of Animals annexed to the Treaty of European Union: Treaty on European Union, OJ C 191, 29.7.1992, pp. 1–112, http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A11992M%2FTXT.

  58. Ibid.

  59. Treaty establishing the European Community (consolidated version) D. Protocols annexed to the Treaty establishing the European Community Protocol (No 33) on protection and welfare of animals (1997) OJ C 321E, 29.12.2006, pp. 0314–0314, available at: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A12006E%2FPRO%2F33.

  60. Ryland refers to dairy cows, beef cattle, sheep, goats, turkeys and ducks.

  61. Case C-189/01, H. Jippes and Others v Minister van Landbouw, Natuurbeheer en Visserij [2001] ECR 1-5693. The case concerned Article 13 of Council Directive 85/511/EEC of 18 November 1985 introducing Community measures for the control of foot-and-mouth disease (now repealed), as amended by Council Directive 90/423/EEC of 26 June 1990 (now repealed) and of Commission Decision 2001/246/EC of 27 March 2001 laying down the conditions for the control and eradication of foot-and-mouth disease in the Netherlands, as amended by Commission Decision 2001/279/EC of 5 April 2001. Ms. Jippes had four pet sheep and two pet goats which resided at her residence. Under Directive 85/211 (as amended) on the control of foot-and-mouth disease, preventative vaccinations against the disease were prohibited. If an animal were found to have contracted the disease, compulsory slaughter would ensue. Ms. Jippes sought an exemption from the Dutch Authorities in order to vaccinate her pet sheep and goats against foot-and-mouth disease. Her request was refused and the case went before a Dutch court and was then referred to the CJEU.

  62. In relation to the Convention, the CJEU stated that it was “even less binding than the Protocol” (at para. 74). Similarly with secondary legislation, there was no general principle of animal welfare within the Community.

  63. The writers are also critical of the CJEU’s attempt to link the Protocol to the Common Agricultural Policy, at p. 368.

  64. It is outside the scope of this article to discuss in detail the other issues raised in the Jippes case including proportionality and whether as the applicant claimed there was an infringement of the principle of proportionality. The ban on preventive vaccination being used in foot-and-mouth disease was proportionate in that it did not exceed the limits that was considered appropriate and necessary in order to achieve the objectives of the Community. In drawing on international standards of best practice including the International Office of Epizootics, the Court held that the appropriate test in deciding whether the policy of non-vaccination contained in the Directive was on contrary to the principle of proportionality was “not whether the measure adopted by the legislature was the only one or the best one possible but whether it was manifestly inappropriate” (at para. 83). Taking into account the objective of the Directive, which was to control the foot-and-mouth disease, the prohibition of a preventative vaccine was proportionate.

  65. This Treaty endeavoured to consolidate all the earlier treaties and put them into one treaty, however, the use of the word constitutional in the treaty did not sit well with a number of Member States, most notably, France and the Netherlands who contended that the treaty would lead to a further erosion of sovereignty. The Constitutional Treaty did have a number of positive aspects including the inclusion of human rights and the incorporation of principles developed by the CJEU including direct effect and supremacy. Part III The Policies and Functioning of the Union, Title I Provisions of General Application Art. III-121. The wording of Art. III-121 of the Constitution was very similar to the Protocol attached to the Treaty of Amsterdam.

  66. A comparison can be made with social policy. Like with animal welfare, social policy initiatives that were included in the 1957 Treaty were there purely for economic reasons, namely to help trade and to produce a level playing field between the six founding Member States. The focus was therefore economic and social improvement was only viewed as inspirational and a secondary achievement. While a Title on Social Policy was included, this Title along with Article 119 on equal pay (then Article 141 and now Article 157 TFEU) failed to provide a secure foundation from which new policy initiatives could be introduced. It was believed at the time that social policy was an area best left to be resolved at national level.

  67. See http://www.ec.europa.eu/food/animal/welfare/index_en.htm.

  68. Resolution Doc. A2-211/86 Resolution of the European Parliament on Animal Welfare Policy.

  69. Resolution Doc. A2-62/85, European Parliament Resolution on Animal Welfare Policy of 12 July 1985.

  70. Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the European Union Strategy for the Protection and Welfare of Animals 2006–2010. See also: Commission staff working document—Annex to the Communication from the Commission to the European Parliament and the Council on a Community Action Plan on the Protection and Welfare of Animals 2006-2010 and Commission working document on a Community Action Plan on the Protection and Welfare of Animals 2006–2010—Strategic basis for the proposed actions - Impact assessment {COM(2006) 13 final} {COM(2006) 14 final} SEC/2006/0065, http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex:52006SC0065.

  71. In the 1990s, the three “R’s” were developed. Replacement involves the use of cell cultures, reduction involves reducing the number of animals used and refinement is the improvement of husbandry and procedures that will reduce or abolish the pain and suffering caused to animals. While all three approaches have merit, “replacement and refinement are generally accepted as being more morally important than mere reduction in the numbers of animals used”, Richard D. Ryder, “Scepticism in the Laboratory” in Peter Singer (ed), In Defence of Animals (Oxford: Blackwell Publishing, 2005), p. 96.

  72. It identified a number of future reports and the preparation of legislative proposals, see pp. 7–9.

  73. It listed the following: Proposal to address public concerns on the trading of cat and dog fur and derived products.

  74. Evaluation and assessment of the Animal Welfare Action Plan 2006–2010 European Parliament resolution of 5 May 2010 on evaluation and assessment of the Animal Welfare Action Plan 2006–2010.

  75. Communication from the European Commission to the European Parliament, the Council and the European Economic and Social Committee on the European Union Strategy for the Protection and Welfare of Animals 2012–2015, OJ C 229, 31.7.2012, pp. 108–111, http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52012AE1305.

  76. Agriculture and Fisheries Council, 18/06/2012, http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/agricult/131032.pdf.

  77. OIE-World Organisation for Animal Health; FAO-Food and Agricultural Organization of the United Nations.

  78. A7-0216/2012 Report on the European Union Strategy for the Protection and Welfare of Animals 2012–2015.

  79. Within the European Parliament, there is an Intergroup for Animals, for more information see: http://www.animalwelfareintergroup.eu/. In April 2017, the group discussed the regulation of the sale of companion animals, see http://www.animalwelfareintergroup.eu/2017/04/06/regulating-the-sale-of-companion-animals-in-the-european-union/.

  80. RC-B8-1278/2015 Joint Motion for a Resolution on a new animal welfare strategy for 2016–2020, 25.11.15, http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+MOTION+P8-RC-2015-1278+0+DOC+XML+V0//EN&language=ga/.

  81. Agriculture and Fisheries Council, 15/02/2016, http://www.consilium.europa.eu/en/meetings/agrifish/2016/02/15/. The paper is available at: http://data.consilium.europa.eu/doc/document/ST-5708-2016-INIT/en/pdf.

  82. The Joint Declaration on Animal Welfare is available at: http://www.bmel.de/SharedDocs/Downloads/EN/Agriculture/AnimalProtection/JointDeclarationAnimalWelfare.pdf?__blob=publicationFile.

  83. Non-trade concerns are explained on the WTO website and include concerns such as food security, the environment, rural development and poverty alleviation, see https://www.wto.org/english/tratop_e/agric_e/negs_bkgrnd17_agri_e.htm.

  84. Commission Decision of 24 January 2017 establishing the Commission Expert Group ‘Platform on Animal Welfare’ C/2017/0280, OJ C 31, pp. 61–66.

  85. See: http://ec.europa.eu/transparency/regexpert/index.cfm?do=groupDetail.groupDetail&groupID=3504.

  86. Special Eurobarometer 442 Report on Attitudes of Europeans towards Animal Welfare November to December 2015, available at: http://ec.europa.eu/COMMFrontOffice/publicopinion/index.cfm/Survey/getSurveyDetail/instruments/SPECIAL/surveyKy/2087.

  87. Launch of the EU Platform on Animal Welfare: Q & A on Animal Welfare Policy, Brussels, 6.6.17, available at: http://europa.eu/rapid/press-release_MEMO-17-1426_en.htm.

  88. The minutes of the meeting are available at: https://ec.europa.eu/food/sites/food/files/animals/docs/aw_platform_20170606_minutes.pdf.

  89. EU animal welfare strategy, 2012-2015: State of play and possible next steps, see: http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2016)589831.

  90. Launch of the EU Platform on Animal Welfare, supra n. 87.

  91. Ibid.

  92. Ibid.

  93. The creation of reference centres was put forward in the Action Plan 2006-2010 and again in the Action Plan of 2012–2015. Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products.

  94. 2000 c.33.

  95. S.I 2002 No. 3151 (N.I. 5) The Fur Farming (Prohibition) (Northern Ireland) Order 2002; Fur Farming (Prohibition) (Scotland) Act 2002 (asp 10).

  96. The full text can be accessed at https://publications.parliament.uk/pa/bills/cbill/2017-2019/0005/18005.pdf.

  97. This must be read in conjunction with section 5 and Schedule 1 of the Bill. Section 5 states that the doctrine of supremacy will no longer apply on and after exit day. Schedule 1 details further provisions about exceptions to savings and incorporation.

References

  • A7-0216/2012 Report on the European Union Strategy for the Protection and Welfare of Animals 2012–2015 (2012/2043(INI)). http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+REPORT+A7-2012-0216+0+DOC+XML+V0//EN.

  • Animal Welfare in the EU: European Parliament’s Directorate-General for Internal Policies, Policy Department C: Citizen’s Rights and Constitutional Affairs, Petitions, A Study for the Peti Committee, January 2017, http://www.europarl.europa.eu/RegData/etudes/STUD/2017/583114/IPOL_STU(2017)583114_EN.pdf.

  • Camm, Tara, and David Bowles. 2000. Animal Welfare and the Treaty of Rome-A Legal Analysis of the Protocol on Animal Welfare and Welfare Standards in the European Union. Journal of Environmental Law. https://doi.org/10.1093/jel/12.2.197.

    Google Scholar 

  • Commission Decision 2001/246/EC of 27 March 2001 laying down the conditions for the control and eradication of foot-and-mouth disease in the Netherlands in application of Article 13 of Directive 85/511/EEC, OJ 2001 L 88, pp. 21–23.

  • Commission Decision (2001/279/EC of 5 April 2001 amending Decision 2001/246/EC laying down the conditions for the control and eradication of foot-and-mouth disease in the Netherlands in application of Article 13 of Directive 85/511/EEC (Text with EEA relevance) (notified under document number C(2001) 1070), OJ L 96, pp. 19–29.

  • Commission Decision of 24 January 2017 establishing the Commission Expert Group ‘Platform on Animal Welfare’, C/2017/0280, OJ C 31, pp. 61–66.

  • Commission Implementing Decision 2013/188/EU: Commission Implementing Decision of 18 April 2013 on annual reports on non-discriminatory inspections carried out pursuant to Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (notified under document C (2013) 2098) Text with EEA relevance, OJ L 111, pp. 107–114.

  • Commission staff working document—Annex to the Communication from the Commission to the European Parliament and the Council on a Community Action Plan on the Protection and Welfare of Animals 2006–2010 and Commission working document on a Community Action Plan on the Protection and Welfare of Animals 2006–2010—Strategic basis for the proposed actions—Impact assessment {COM(2006) 13 final} {COM(2006) 14 final} SEC/2006/0065. http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex:52006SC0065.

  • Communication from the European Commission to the European Parliament, the Council and the European Economic and Social Committee on the European Union Strategy for the Protection and Welfare of Animals 2012–2015, OJ C 229, 31.7.2012, pp. 108–111. http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52012AE1305.

  • Council Decision of 19 June 1978 (78/923/EEC) concerning the conclusion of the European Convention for the protection of animals kept for farming purposes, OJ L 323, pp. 12–22.

  • Council Decision of 16 May 1988 on the conclusion of the European Convention for the Protection of Animals for Slaughter OJ L 137, 2.6.1988, p. 25–26 OJ L 323, 17.11.1978, pp. 12–13.

  • Council Directive 74/577/EEC of 18 November 1974 on stunning of animals before slaughter OJ L 316, 26.11.1974, pp. 10–11.

  • Council Directive 90/423/EEC of 26 June 1990 amending Directive 85/511/EEC introducing Community measures for the control of foot-and-mouth disease, Directive 64/432/EEC on animal health problems affecting intra- Community trade in bovine animals and swine and Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat or meat products from third countries, OJ L 224, pp. 13–18.

  • Council Directive 93/119/EC of 22 December 1993 on the protection of animals at the time of slaughter or killing, OJ L 340, pp. 21–34.

  • Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes, OJ L 221, pp. 23–27.

  • Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos, OJ L 94, 9.4.1999, p. 24–26; Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, pp. 7–50.

  • Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens OJ L 203, pp. 53–57.

  • Council Directive 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production (Text with EEA relevance), OJ L 182, pp. 19–28.

  • Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs (Codified version), OJ L 47, pp. 5–13.

  • Council Directive 2008/119/EC of 18 December 2008 laying down minimum standards for the protection of calves (Codified version), OJ L 10, pp. 7–13.

  • Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 OJ L 3, pp. 1–44.

  • Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing (Text with EEA relevance), OJ L 303, pp. 1–30.

  • Declaration on the Welfare of Animals annexed to the Treaty of European Union: Treaty on European Union, OJ C 191, 29.7.1992, pp. 1–112. http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A11992M%2FTXT.

  • Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes Text with EEA relevance, OJ L 276, pp. 33–79.

  • European Commission 2006: Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the European Union Strategy for the Protection and Welfare of Animals 2006–2010 COM (2006) 13 final of 23.1.2006, http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52006DC0013.

  • European Commission 2012: Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the European Union Strategy for the Protection and Welfare of Animals 2012–2015 COM(2012) 6 final of 19.1.2012, http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52012DC0006.

  • EU Animal Welfare Strategy, 2012–2015: State of Play and Possible Next Steps, http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2016)589831.

  • Eurostat News Release, “Nearly 60% of EU internet users shop online: Clothes, travel & holiday accommodation: most common online purchases”, 15 October 2013, http://ec.europa.eu/eurostat/documents/2995521/5164518/4-15102013-AP-EN.PDF/68c5bc7f-3733-4cc8-acbc-ea813cc1fd12.

  • Eurostat Statistics Explained, “68% of internet users in the EU shopped online in 2017”, December 2017, http://ec.europa.eu/eurostat/statistics-explained/index.php/E-commerce_statistics_for_individuals#.C2.A0E-shopping_growing_steadily.2C_with_the_biggest_increase_among_young_internet_users.

  • Evaluation and assessment of the Animal Welfare Action Plan 2006–2010 European Parliament resolution of 5 May 2010 on evaluation and assessment of the Animal Welfare Action Plan 2006–2010 (2009/2202(INI)) (2011/C 81 E (05), pp. 25–32, http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52010IP0130.

  • Fitzgerald, Peter L. 2011. ‘Morality” May Not Be Enough to Justify the EU Seal Products Ban: Animal Welfare Meets International Trade Law. Journal of International Wildlife Law and Policy. https://doi.org/10.1080/13880292.2011.583578.

    Google Scholar 

  • Humane Society International/UK, “Illegal cat fur sold as faux fur on British high-street”, 10 April 2017, http://www.hsi.org/world/united_kingdom/news/releases/2017/04/illegal-cat-fur-sold-as-faux-041017.html. Accessed 21 Sept 2017.

  • Humane Society International/UK, “T K MAXX, Boohoo, Not On The High Street Among Online Retail Giants Caught Selling Real Fur Advertised As ‘Faux’”, 20 December 2017, http://www.hsi.org/world/united_kingdom/news/releases/2017/12/online-real-as-faux-122017.html. Accessed 21 Dec 2017.

  • Joint Declaration on Animal Welfare, http://www.bmel.de/SharedDocs/Downloads/EN/Agriculture/AnimalProtection/JointDeclarationAnimalWelfare.pdf?__blob=publicationFile.

  • Katsarova, Ivana, “Animal welfare protection in the EU”, 28/02/2013, http://www.europarl.europa.eu/RegData/bibliotheque/briefing/2013/130438/LDM_BRI(2013)130438_REV1_EN.pdf. Accessed 28 Sept 2017.

  • Launch of the EU Platform on Animal Welfare: Q & A on Animal Welfare Policy, Brussels, 6.6.17, http://europa.eu/rapid/press-release_MEMO-17-1426_en.htm.

  • Linzey, Andrew. 2009. Why Animal Suffering Matters: Philosophy, Theology, and Practical Ethics. Oxford: OUP.

    Book  Google Scholar 

  • Ludwig, Rasso, and Roderick O’Gorman. 2008. A Cock and Bull Story?—Problems with the Protection of Animal Welfare in EU Law and Some Proposed Solutions. Journal of Environmental Law. https://doi.org/10.1093/jel/eqn018.

    Google Scholar 

  • Maurer, Andreas. 2008. The German Council Presidency: Managing Conflicting Expectations. Journal of Common Market Studies. https://doi.org/10.1111/j.1468-5965.2008.00810.x.

    Google Scholar 

  • Nakanishi, Yumiko. 2016. The Principle of Animal Welfare in the EU and its Influence in Japan and the World. In Contemporary Issues in Environmental Law: The EU and Japan, ed. Yumiko Nakanishi. Japan: Springer.

    Chapter  Google Scholar 

  • Press Release. “Cat and dog fur: Commission Proposes Total EU Ban”, 20 November 2006, http://europa.eu/rapid/pressReleasesAction.do?reference=IP/06/1586.

  • Press Release. MEPS call for a complete ban on the cat and dog fur trade in the EU”, 18 June 2007. http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+IM-PRESS+20070615IPR07883+0+DOC+PDF+V0//EN&language=EN.

  • Pound, Roscoe. 1910. Law in Books and Law in Action. American Law Review 44: 12–36.

    Google Scholar 

  • 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 COM (2006) 684 final. http://www.europarl.europa.eu/meetdocs/2004_2009/documents/com/com_com(2006)0684_/com_com(2006)0684_en.pdf.

  • RC-B8-1278/2015 Joint Motion for a Resolution on a new animal welfare strategy for 2016–2020 (2015/2957(RSP)), 25.11.15. http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+MOTION+P8-RC-2015-1278+0+DOC+XML+V0//EN&language=ga/.

  • 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) OJ L 343, pp. 1–4.

  • Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products (Text with EEA relevance), OJ L 286, pp. 36–39.

  • Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (Text with EEA relevance), OJ L 342, pp. 59–209.

  • Regulation (EU) No 1007/2011 of the European Parliament and of the Council of 27 September 2011 on textile fibre names and related labelling and marking of the fibre composition of textile products and repealing Council Directive 73/44/EEC and Directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council, OJ L 272, pp. 1–64.

  • Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation), OJ L 95, pp. 1–142.

  • Report from the Commission to the European Parliament and the Council 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, COM (2013) 412 Final (Brussels, 2013). http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52013DC0412.

  • Resolution Doc. A2-211/86 Resolution of the European Parliament on Animal Welfare Policy, OJ C76/185, 23.3.87. http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOC_1985_229_R_0121_01&from=EN.

  • Resolution Doc. A2-62/85, European Parliament Resolution on Animal Welfare Policy of 12 July 1985, OJ C229/147, 9.9.85. http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOC_1985_229_R_0121_01&from=EN.

  • Resolution Doc. A8-0011/2017 European Parliament Resolution on minimum standards for the protection of farm rabbits (2016/2077(INI)), 30.01.17. http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+REPORT+A8-2017-0011+0+DOC+XML+V0//EN/.

  • Ryder, Richard R. 2005. Scepticism in the Laboratory. In In Defence of Animals, ed. Peter Singer. Oxford: Blackwell Publishing.

    Google Scholar 

  • Ryland, Diane. 2015. Animal Welfare in the Reformed Common Agricultural Policy: Wherefore Art Thou? Environmental Law Review. https://doi.org/10.1177/1461452914563218.

    Google Scholar 

  • Sellheim, Nikolas. 2016. The Legal Question of Morality: Seal Hunting and the European Moral Standard. Social and Legal Studies. https://doi.org/10.1177/0964663915624343.

    Google Scholar 

  • The Associated Press. European Union Plans Dog and Cat Fur Ban, New York Times, 21 November 2006. http://www.nytimes.com/2006/11/21/world/europe/21briefs-dogandcatfur.html. Accessed 20 Dec 2017.

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Donnellan, L. The Cat and Dog Fur Regulation: A Case Study on the European Union’s Approach to Animal Welfare. Liverpool Law Rev 39, 71–97 (2018). https://doi.org/10.1007/s10991-018-9208-z

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