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

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.