Attempt to Ban Fur Farming May Go to European Court

The following article first appeared in The Financial Times (London), May 15, 2000, and is reproduced with permission. Copyright: The Financial Times.

Attempt to Ban Fur Farming May Go to European Court

By Neil Buckley and Andrew Parker

Britain risks prosecution in the European Court of Justice after five European countries objected to the government’s plans to ban fur farming.

France, Spain, Italy, Denmark and Finland claim the legislation to outlaw fur farming breaches European Union law. The European Commission will make a decision next month, and could then take Britain to the European Court.

Despite the threat of legal action, the government has decided to proceed with the fur farming (prohibition) bill. It will be scrutinised in the Commons for the first time today.

A spokesman for the Ministry of Agriculture, Fisheries and Food said Elliot Morley, the junior agriculture minister, was keen to proceed with the bill now for fear it might fail to reach the statute book during this parliamentary session.

Britain is the first EU country to seek to ban fur farming. The measure is seen by ministers as one that can enthuse disillusioned Labour supporters.

The government justifies a ban not on animal welfare grounds but public morality. Mr Morley says it is wrong to raise and slaughter animals solely for their fur.

There are 13 fur farms in England – the government proposes to offer Pounds 1.5m in compensation. But the fur farming industry, which is a big employer in Finland, Denmark and the Netherlands, fears the government’s plans could lead to bans in other EU countries.

Robert Morgan, spokesman for the British Fur Trade Association, whose members are responsible for more than 50 per cent of the world’s trade in farmed fur, said: “Clearly, several other countries share our concern that the UK government is trying to wipe out an entire industry on such weak grounds as so-called public morality, and the effect that could have on all farming, no matter where in the EU.”

The Commission has the right to vet domestic legislation affecting businesses to ensure it is compatible with EU law. Other EU countries have the right to comment.

France and the four other EU countries argue the fur farming bill would contravene the EU treaty’s ban on measures that impede the free movement of goods.

For example, it would no longer be possible to export mink to Britain for rearing on fur farms.

Another argument from the five countries is that the bill goes far beyond what is permitted by an EU directive on animal welfare.

The Maff spokesman said the department was confident the bill did not breach EU law.

The Commission must decide by June 13 whether to challenge the fur farming bill, issue non-binding “observations”, or allow it to proceed.

If the Commission chooses the first route, and the government refuses to withdraw the legislation, the Commission could take Britain to the European Court.

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