Fwd:Legal Opinion Clears Way for EU Dog/Cat Fur Ban

May 28, 2004

- "Political Animal" Thursday, May 27, 2004 3:29 PM[banFur] Legal Opinion Clears Way for EU Dog/Cat Fur BanLEGAL OPINION CLEARS WAY FOR EU TO BAN DOG AND CAT FURWashington (May 27, 2004) - Global efforts to end thecruel and fraudulent trade in cat and dog fur receiveda strong boost today with news that there is clearjurisdiction for the European Union to take action onthe issue. Internationally recognized Britishbarrister Philippe Sands has issued a legal opinionthat there is a European Community (EC) treaty basisunder which the European Union (EU) can ban cat anddog fur. This development comes on the heels of a May 21decision by the Australian government to ban theproduction and sale of cat and dog fur and skins

inresponse to intense public pressure and a HumaneSociety International (HSI) investigation into thepractice. Humane Society International, theinternational arm of The Humane Society of the UnitedStates (HSUS), is now calling on the EuropeanCommission to follow Australia's lead and issue animmediate ban on the trade in cat and dog fur.For the past three years, despite strong publicpressure and support from a majority of both theEuropean Parliament and the Council of AgricultureMinisters to seek a ban, EU Consumer AffairsCommissioner David Byrne has claimed he has noauthority to act on this matter. Sands reviewed EUlaw at the request of HSI's European office and hasdetermined that Article 95 of the EC Treaty gives theCommission the justification to ban the production andsale within the EU of cat and dog furs and skins onthe basis that "such a measure is necessary to removean obstacle in the functioning of

the internalmarket," he noted. Sands, a barrister with MatrixChambers and director of the Centre of InternationalCourts and Tribunals at University College London,also determined that under Article 133 (ex. 113) theCommission also has the authority to ban their export."What these legal points underscore," said HSIExecutive Director Neil Trent, "is that CommissionerByrne has been hiding behind a mound of excuses not totake action. The European public has had enough ofthese stalling tactics. He cannot seek refuge behindunfounded statements any longer now that the EC treatyprovisions on taking action are staring him in theface. With ten new countries in the EU and a growinglikelihood that the Australian ban will shift evenmore of these exports to Europe, Byrne needs to actquickly." In 1998, The HSUS undertook an 18 month investigationinto the cruel raising and inhumane slaughter ofmillions of cat and

dogs in Asia solely for their fursand skins. Close to 2 million animal skins and furswere being shipped to the U.S., EU and Russia inclothing and other articles. Consumers had no way ofknowing this because Asian dealers utilized fraudulentlabeling, dyed items to resemble faux fur or did notlabel them at all. The U.S. Congress banned the furin 2002. Most of the Asian trade appears to haveshifted to the European Union to make up for lostrevenues. Along with this fraud, some of the furitems have tested positive for excessive levels ofchromium. Chromium can affect DNA in children. Nowthat Australia has banned these items, it is likelythat more of these cruel, fraudulent and potentiallytoxic items will be heading to the EU. During anundercover investigation in Asia in 1998, HSUSofficials found warehouses in China piled high withthese skins and furs awaiting shipment abroad. Scottish member of the European

Parliament (MEP)Struan Stevenson, who has been supporting the HumaneSociety International campaign for the last four yearsto highlight the cruel rearing and slaughter of catsand dogs in Asia solely for their fur and skins, alsoweighed in on Mr. Sands' challenge to Byrne's positionon the issue, stating: "Despite following dueParliamentary process and securing the support of themajority of the European Parliament, the Brusselsbureaucrats still flaunt the rules by refusing tobring in to force legislation outlawing this barbaricpractice. Australia has followed America's bold leadin stamping out this unwanted and unnecessary trade. I am urging the European Commission to do likewise andbring an immediate halt to the unnecessary sufferingof the animals we refer to as pets."

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