3. Background
In March, 1991, the EC adopted a provision which prohibited the importation, for
commercial purposes, of certain goods (including the furs of eight animals) when these
goods originated in a country where animal trapping methods fell below internationally
accepted standards of humanity. In June, 1991, the EC adopted an amendment which
broadened the scope of the agreement to include five more species and to reduce
prohibition periods. Exports of these products are largely from Greenland, Canada, and
the United States. These countries, and their citizens, complained that these acts were
economically and culturally unfair.
The original proposal for the Council
Regulation prohibited the importation, for commercial purposes, of certain goods
(consisting of/or including the fur of beaver, otter, coyote, wolf, lynx, bobcat, sable,
raccoon) when these goods originated in a country where (a) the leghold trap was still
used, or (b) trapping methods fell below internationally agreed humane trapping
standards. It also allowed for a two-year suspension of the prohibition (expiring
December 31, 1977), in which the Commission and appropriate authorities of the
countries concerned determined before July 1, 1994, that sufficient progress was being
made towards the development of humane trapping methods in their territory (Recital
5).
The text of the amendment to the proposal for a Council Regulation on the
importation of certain furs contains the following modifications:
1. Recital 4: The amendment makes the prohibition effective as of January 1,
1995, rather than January 1, 1996.
2. Recital 4: The prohibition includes goods
consisting of or including the fur of the species contained in the original proposal
(see above) and adds the musk-rat, fisher, badger, marten and ermine.
3.
Recital 5: Amends the suspension period from two to one years (expiring December
31, 1995), if the Commission and appropriate authorities from the countries concerned
determine before January 1, 1995, that sufficient progress is being made towards
the development of humane trapping methods.
4. Article 3(1): Specified goods
which consist of or include the pelt of any of the aforementioned species shall be
denied free circulation for commercial purposes from January 1, 1995 (rather than
January 1, 1992), unless the Commission has certified otherwise.
5. Article 3(2): The prohibition of Article 3(1) shall be suspended for one year,
expiring on December 31, 1995, is the Commission and appropriate country authorities
find that sufficient progress in the development of humane trapping methods
within their territory.
"Territory" is not defined in the Amendment to the
Proposal for a Council Regulation (EEC) on the Importation of Certain Furs, as
contained in the Official Journal of the European Communities 34 (April 13, 1991).
The parties to the Council Regulation are the 12 Member States of the EEC/EU
Treaty: Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg,
Netherlands, Portugal, Spain, and the United Kingdom. The amendment's objective is to
broaden the Regulation's scope to include five additional species and to reduce
suspension provisions from two to one year. In addition, the amendment implements the
prohibition one year earlier than the original proposal.
The ban on fur followed an intense campaign by environmental groups and occurred
after a similar campaign against the import of seal skin from eastern Canada, where baby
seals were killed for their fur. Prominent figures, such as the actress turned activist
Bridgett Bardot, were involved in the effort. The legislation banned the import of furs
from animals that were caught in leghold- traps which are believed to be inhumane
because the animals suffered in the process. It was reported that before the trappers
came to check their traps, many animals starved to death or (purportedly) gnawed off
their own limbs in order to escape. Numerous other animals, not intended to be caught,
were also snared in the traps and died needlessly.
The leg trap is used in remote parts of Canada, the United States, and particularly
Greenland. Many trappers are Caucasian, but many are also Native American (such as
the Aleut) tribes that have used the leghold trap method for millennia, long before
Europeans came to the Americas. Native Americans argued that the ban conflicted with
their traditional values and customs. Moreover, they added that the ban deprived them of
the means for earning a living. Many have made a living through the trade of fur
products. It is argued by the Arctic natives that "the consumptive use of wild animals is
not only critical as a source of cash income but also integral to subsistence economies and
cultures." Finally, in remote areas, wildlife managers argued that leg traps were the only
sensible means for population control of certain species.
The ban was at best
symbolic. Clearly there was no way that customs import officials in Europe could
determine whether a fur, or clothing made from the fur, was taken from an animal that
was caught with a leg trap. There was no attempt to institute rules of origin, as in textile
trade, so that such a determination might be made.
In January, 1996, the EC banned the imports of pelts from the 13 species because of
continued leg-trap practices. The United States and Canada contend that this ban
represents a loss of $33 million in exports annually.
The case is one of disagreement because it involves the amendment of a proposal by
treaty signatories over the objections of various groups in North America. The
amendment was adopted by the EC Council at the June 13-14, 1991, meeting.
Most imports covered by the legislation originate in Canada, although Greenland and the
United States are also affected. Greenland's status in the case is further complicated by
virtue of its relation to Denmark, another EC member. In terms of actual industry
impact, Greenland would probably be most affected by the legislation.
The
ban was supported by Europe's own large pelt industry, which relies on "farming"
techniques. Because of "anti-fur" movements around the world over the last decade the
industry has faced tough economic times. More recently, European producers have faced
a large inflow of product from Russia. Table 22-2 shows the top EC importers of fur
products exported by the United States, to indicate the magnitude of some of the trade at
hand.
Top Five EC Importers of U.S. Fur Products
(1992, in thousands of dollars)
(1) West Germany 6,350
(2) Greece 5,935
(3) Spain 2,842
(4) Italy 2,283
(5) France 1,719
The Species
Following are the 13 species expressly encompassed by the Council Regulation:
Beaver (Castor canadensis), Otter (Kutra canadensis), Coyote (Canis latrans), Wolf
(Canis lupus), Lynx (lynx canadensis), Bobcat (Felis rufus), Sable (Martes zibellina),
Raccoon (Procyon lotor), Musk-rat (ondatra zibethicus), Fisher (Martes pennanti),
Badger (Taxidea taxus), Marten (Martes
americana) and Ermine (Mustela erminea).
The Environmental Group Viewpoint
The ban on fur was followed in 1984 by the organizing of a boycott of Canadian fish
products in American and British markets. The result of the boycott was a collapse in the
world market for seal skins. Synthetic fur products are widely available and more
economically sound
.
The Native American Viewpoint
Native Americans argue that the ban impinges upon the traditional customs that have
historically been in accordance with the needs of their surrounding environment, noting
that Europeans practiced leg trapping methods for thousands of years. Arctic
communities have for centuries relied on seals for food, fuel and clothing. In fact, in many
ways, the life and economy of the Eskimos has been based on sustainable subsistence
from the land and wildlife. Yet, as times change and the world becomes more
interconnected even subsistence cultures cannot adequately survive. "Today the Eskimos
have to pay for electricity and water, and they must make contributions to social security."
Still, with the public outrage from fur harvesting and the EC ban on fur imports, demand
for seal fur has dropped dramatically, and financially damaged the Arctic Communities.
Yet, there has been a recent attempt to increase the demand for fur products by showing
pride in native cultures. Labels often read "Authentic Native Design," hoping "to inspire
consumer pride about supporting traditional native life styles." It is argued that "any
culture, no matter where it is in the world, cannot be stagnant....There must be an
economic link between that culture and the rest of the world." It is exactly this linkage
that the Eskimo and Inuits are grappling with.
4. Relevant Cases in TED
Harp Case
James Case
Hudson Case
Babyseal Case
Bear Case
Veal Case
Birds Case
Tuna Case
Tuna2 Case
Tuna3 Case
Shrimp Case
Shrimp1 Case
Cheetah Case
Deer Case
Chimp Case
Eskimo Case
Alaska Case
Salmon Case
Salmon2 Case
5. Bibliography
Amendment to the Proposal for a Council Regulation (EEC) on the Importation of
Certain Furs. Contained in the Official Journal of the European Communities 34 (13
April 1991).
"Animal Welfare: EEC To Ban Imports of Furs From Animals Caught
with Leg-Hold Traps." Europe Environment (June 25,
1991): section 367.
"Animal Welfare; 40,000 People Sign Petition Calling for Ban on Fur Imports."
Europe Environment (June 11, 1991): section: 366.
Brown, Amanda. "Trapper Backs Fur Traps Ban." Press Association Newsfile
(June 13, 1991, Home News Section).
Driscoll, Patrick O. "Aspen Fur Fight Springs Back over Animal Steel-Jaw
Trapping." Denver Post (March 20, 1990): B1,2.
Dumanoski, Diane. "3 Groups File Suit to Halt Use of Leghold Traps." Boston
Globe (October 25, 1989): 91,6.
"European Ban on Fur Imports." New York Times (June 17, 1991): D3, 4.
Kakonen, Jyrki. Politics and Sustainable Growth in the Arctic. Brookfield:
Dartmouth Publishing Company, 1993.
Lindsay, Debra. Science in the Subarctic. Washington: Smithsonian Institution
Press, 1993.
Lynge, Finn. Arctic Wars, Animal Rights, Endangered Peoples. Hanover:
University Press of New England, 1992.
Native Trappers See Many Threats To Fur Industry." The Christian Science
Monitor (April 12, 1990): 6.
Nilsson, G. Facts about Furs. Washington, DC: Animal Welfare Institute. 1980.
"Pride In Fur Is Promoted By Alaskans." The New York Times 20 (March 1990):
A20.
Rosen, Yereth. "Native Alaskans Defend Tradition" The Christian
Science Monitor (April 12, 1990), 6.
Trocheck, Kathy Hogan. "Trapping the Social Conscience." Atlantic Constitution
(November 1, 1989): B1,3.
Wiedemann, Erich. "Is Saving the Seals Killing the Eskimos?" World Press
Review (July 1987): 35-37.
Vegetarian Times, "GATT Threatens EU Animal Laws." February, 1996.
Wenzel, George. Animal Rights, Human Rights Ecology, Economy and Ideology
in the Canadian Arctic. Toronto: University of Toronto Press, 1991.
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