. . : : E U R O G R O U P f o r A N I M A LS : : . .

HOME > POLICY AREAS > International Trade Rules

European Union

Action Plan

Sustainable
Development

Green Public Procurement

Climate Change

Farm Animals

Common
Agricultural Policy

Laboratory Animals

Wildlife

Trade

International
Trade Rules

Seals

INTERNATIONAL TRADE

: : About the issue

Legislation to protect animals has a direct impact on the way animals are reared, transported, slaughtered and traded within the EU itself but also on third countries.

The EU is an important trading block accounting for roughly 50% exports and imports of live animals, meat and livestock products.
Eurogroup for Animals considers that the EU’s policy on animal welfare and it trade policy need to be coherent and mutually supportive.

Animals are extensively used as part of human economic activity; agriculture for food production, in medical research and safety testing of products, in the clothing industry and as companion animals. In all these areas it is not sufficient to concentrate on domestic rules but the international trade dimension needs to be considered.

The EU and trade

Trade is an exclusive competence of the EU and therefore the European Commission undertakes trade negotiations and discussions with Third Countries on behalf of the member states. With the entry into force of the new Lisbon Treaty, the European Parliament will have to give its assent for any new EU trade deal, whether it concerns multilateral or bilateral agreements.

In its Europe 2020 paper the Commission states its aim to include sustainable growth while preventing environmental degradation, biodiversity loss and unsustainable use of resources. By the end of 2010 the Commission will produce a Communication on how the EU's trade policy is going to put these objectives into effect.

: : WTO rules and animal welfare

The World Trade Organisation, in existence since 1995, regulates the trade rules of its 153 member countries. Superseding domestic legislation, the WTO applies the General Agreement on Tariffs and Trade (GATT) in areas where trade conflicts occur.

Legislation to protect animals or the environment may require operators to apply high production standards or sometimes even ban certain products from being sold. Under international trade rules these rules could be considered as a trade barrier which hinders trade globalisation. Under GATT rules countries cannot close their borders for “like” products (similar products) which are produced by methods which are illegal in their market, unless they pose a health risk that can be justified scientifically.

Exceptions are allowed under Article XX of GATT but they have to be interpreted in the dispute settlement procedure.

Over the years the WTO has come under serious criticism about the impact of its free trade rules on genuine public policy decisions. There are at present no animal welfare disputes but the EU has been the subject of some WTO complaints in the areas of food safety. One example is the dispute with the USA over the EU's refusal to allow US-produced beef (with hormones) and chicken products that have been chlorinated.

No decision has been nullified because of WTO rules and there has not yet been a complaint or a ruling based on animal welfare, some politicians and decision makers are hiding behind the threat of a WTO challenge to adopt stricter legislation.

However in recent years, several EU trade bans have been adopted which have an impact on third countries trade to the EU; but as yet there has not yet been a serious WTO complaint. Examples are the ban on the import of products of cat and dog fur, REACH (the EU Policy on the safety of chemicals), the ban on marketing (sales) of cosmetics tested on animals, and recently the import ban on seal products.

Currently, the WTO is negotiating a new international trade agreement, under the nomer of the Doha Development Round or Agenda. Talks have been ongoing since 2001.

Negotiations are difficult evidently very slow as controversial agreements on domestic farm subsidies and market access need to be reached between developed and developing countries.

: : What is Eurogroup calling for?

Due to the lack of progress on the multilateral front the EU has chosen to start bilateral agreements and economic partnership agreements with a number of countries and regions.

These deals agree the conditions under which the parties trade with each other including reduced tariffs, free trade and cooperation. These agreements have to comply with WTO rules.

Eurogroup closely monitors the negotiations as free trade agreements could offer benefits to promote our standards in third countries. There is, however, also concern that if animal welfare is not properly addressed, the agreement could result in cheap products from low welfare production to enter the EU market. This would have a negative effect on animals, on EU producers, and on EU food production and food sovereignty.

The Free Trade Agreement (FTA) with Chile is the first one to include specific animal welfare references and was followed by the EU - South Korea FTA.

Eurogroup is urging the EU to include animal welfare provisions in each bilateral negotiation and provide for tools to implement provisions such as capacity building and training, and aid for trade.