The Whistleblower Directive entered into force: Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the Protection of Persons Who Report Breaches of Union Law (Whistleblower Directive) entered into force on December 17th. The Directive establishes rules and procedures to protect individuals who report information they acquired in a work-related context on breaches of EU law in key policy areas, including protection of the environment, ranging from waste management to chemicals, food and feed safety, animal health and welfare, and consumer protection.
The new EU Organic Regulation also entered into force on January 1st, 2022.
Proposal for a Regulation on Deforestation-Free Products (published on November 17th): The proposal aims to regulate imports to the EU to reduce the deleterious impacts of the expansion of agricultural land for the production of commodities such as cattle. A research paper commissioned by the European Commission found that beef imports represent one of the largest shares of EU-driven deforestation.
Proposal for an Environmental Crime Directive: The Directive of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC (published on December 15) directs Member States to adopt rules regulating the placing on the market of products which cause or are likely to cause death or serious injury to any person; or substantial damage to air, water, or soil quality; or to animals or plants as a result of “the product’s large-scale use.”
Animal Welfare (all animals):
Evaluation of EU rules on animal welfare (until January 21st).
Food Labeling - Revision of rules on information provided to consumers (until March 7th)
Maritime Pollution – Revision of EU rules on illegal discharges from ships (until June 16th)
Member States
🇫🇷 France – Wild Animals in Captivity (marine mammals, circus); Farmed Animals (fur animals); companion animals; private ownership of exotic animals: The French Parliament passed the Law Against Animal Abuse, which (1) Prohibits the use of wild animals in circuses within seven years; fur farming effective immediately ; the sale of companion animals in pet stores by 2024; (2) Restricts the private ownership of exotic animals, and (3) Reinforces criminal penalties against animal cruelty, and criminalizes the filming and distribution of zoo pornographic materials. The executive orders will be adopted by the French administrations in the coming months.
🇫🇷 France – Farmed Animals (pigs): On November 17th, the French government (Ministry of Agriculture) adopted an executive order prohibiting the castration of pigs without anesthesia or analgesia. The measure entered into effect on January 1st.
🇫🇷 France – Farmed Animals: On December 16th, the French government (Ministry of Agriculture) adopted an executive order requiring the appointment and training of an “animal welfare officer,” on each farm in France.
🇮🇪 Ireland – Farmed Animals (fur animals): The Irish government approved a bill amending the Animal Health and Welfare Act 2013 and which would prohibit “the breeding, rearing or keeping of specified animals solely or primarily for the value of, or the manufacture of products from, their fur or skin; to provide for a system of compensation to persons who before the coming into operation of the prohibition were engaged in the fur farming of mink.”
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Italy – Farmed Animals (chicks): On December 16th, the Italian lower chamber
approved a bill amending the implementation rules of EU Regulation 1099/2009 on the protection of animals at the time of killing to prohibit the culling of male chicks in egg production by 2026, and to accelerate the adoption of in-ovo sexing. The bill will likely come to the Senate floor early in 2022 and is likely to be adopted there.
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Italy – Farmed Animals (fur animals): On December 24th, the Italian Senate adopted
a legislative amendment prohibiting fur farming (points 980 and following). The law concerns all fur animals and entered into effect on January 1st of 2022. Fur farms are allowed to keep their animals until June 30th of 2022. The law further provides €3 million in compensation for fur producers affected by the legislation.
🇪🇸 Spain – Recognition of Animal Sentience: On December 16th, the Spanish government adopted a law amending its Civil Code to recognize animal sentience. The Spanish Civil Code now reads that “animals are sentient, living beings. Their treatment is subjected to the provisions on property and goods to the extent that such provisions comply with animal sentience, or with animal protection rules.”
🇬🇷 Greece – Farmed Animals (Slaughter): Greece’s Higher Administrative Court ruled slaughter without stunning contravenes Greek legislation on animal welfare. This ruling came as a result of a challenge brought by the Panhellenic Animal Welfare and Environmental Federation seeking annulment of a rule by the Greek Ministry of Agriculture. The rule had implemented EU Regulation 1099/2009 on the protection of animals at the time of killing and allowed the slaughter without stunning of animals for religious purposes. In its ruling, the Greek Court largely relied on the European Court of Justice’s case law, which confirms the significant margin of interpretation left to the Member States in the adoption of an exemption on the obligation to stun animals prior to their killing for religious purposes.
Global Animal Law News
🇧🇷 Brazil (companion animal): The Brazilian Supreme Court
denied the appeal of a defendant who has been found guilty of dog cruelty.
🇮🇸 Iceland (liminal animals): The Icelandic Food and Veterinary Authority (MAST) enacted a
reminder-rule enforcing the prohibition on the use of glue traps for liminal animals such as mice, as per
article 28 of the Icelandic Welfare Act.
Other: Animal Law scholars launch the
Convention on Animal Protection’s website.
