RESTRICTIONS ON CAT AND DOG FUR AND PRODUCTS
CONTAINING SUCH FUR (15674/06)
Letter from the Chairman to Ben Bradshaw
MP, Minister of State for Local Environment, Marine and Animal
Welfare, Department for Environment, Food and Rural Affairs
Sub Committee D considered your Explanatory
Memorandum dated 18 December 2006 on the above proposal at its
meeting of 17 January 2007.
We agree with the Government that, bearing in
mind consumer concerns, there is merit in this proposed legislation.
We note however that the Commission is proposing
the legislation as an Internal Market measure. We are concerned
that a proposal which appears to stem from ethical concerns is
being introduced as an Internal Market measure and that this could
set an undesirable precedent for other areas of Community business.
We would therefore welcome your assurance that you are content
that the legal basis for this proposal is a sound one.
We also note the concerns of HM Revenue and
Customs about the practical implementation of a ban. We trust
that the Government will endeavour to ensure that implementation
in the UK is as cost-effective and practical as possible—for
example, along the lines of the Option 2 described in the Partial
RIA under the heading of "Enforcement Costs".
We will retain the proposal under scrutiny pending
information from you on the issue of the legal basis and we would
wish to be kept informed of further developments as discussions
continue on the draft legislation in the Council and the European
Parliament.
18 January 2007
Letter from Ben Bradshaw MP to the Chairman
Thank you for your letter of 18 January following
Sub Committee D's consideration of the Explanatory Memorandum
on the above proposal.
Council and Commission legal services agree
that introducing this Internal Market measure is appropriate.
The Commission's Animal Welfare Action Plan indicated that it
would respond to public concern about the trade in cat and dog
fur.
The Commission has brought forward this proposal
for a ban on this trade on the grounds of Internal Market stabilization.
This is deemed appropriate as a number of Member States have already
introduced national measures and it is necessary to harmonise
measures throughout the Community. There is no legal base available
for use in the Treaty to take action on ethical grounds. I am
content with this position.
Implementation of the proposal must be cost
effective and proportionate to the risks incurred and that is
the route that we propose to take. On the basis that there is
little or no such trade taking place, and a testing regime has
yet to be agreed, a simple approach is appropriate.
I shall be keeping your Committee informed as
discussions continue and on any developments arising from European
Parliament opinion.
12 February 2007
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