EFTA Court Strengthens Protection of Blood Mares in Iceland

The EFTA Court has ruled that blood extractions from pregnant mares to obtain the hormone PMSG are to be classified as scientific procedures. As a result, they are subject to the applicable animal welfare regulations for experimental animals. This is an important step for the blood mares in Iceland.

For years, thousands of pregnant mares in Iceland have been regularly used for blood collection. The hormone PMSG is extracted from their blood and used, among other things, in pig breeding to synchronise births. During early pregnancy, approximately five liters of blood are drawn from the mares each week.

The pharmaceutical company Ísteka had argued that blood collection is an agricultural practice. Therefore, it claimed, the relevant animal welfare regulations for scientific procedures do not apply. The EFTA Court has now rejected this argument.

Blood collection for PMSG is a scientific procedure

According to the ruling, blood collections for the production of PMSG are to be classified as a scientific procedure. Consequently, they may not be exempted from the EU/EFTA animal welfare regulations governing scientific procedures.

The ruling thus confirms a central claim of our work in Iceland: blood mares must receive the same legal protection as animals used for scientific purposes. Under the relevant regulations, animals may only be used for the production of medicinal products if there is no scientifically satisfactory animal-free alternative.

License Despite Existing Alternatives

This is precisely where we see a serious problem: Although numerous alternatives to PMSG are available, the responsible Icelandic authority, Ísteka, issued a new license for blood collection in May.

Together with Icelandic and international partner organizations, we filed a complaint against this approval. However, our complaint was dismissed. The reasoning given was that animal welfare organizations in Iceland do not have standing to sue.

The ruling by the EFTA Court now changes the legal landscape. If the blood collection is classified as a scientific procedure, the permit must be reviewed in accordance with the relevant animal welfare regulations.

We will continue to pursue legal action

It is therefore clear to us that this ruling must now be followed by concrete action. Together with our partner organizations, we will examine what further legal steps are possible on this basis.

Our goal remains to ensure that the Icelandic authorities consistently enforce the applicable animal welfare regulations and that the permit for blood collection is reviewed and revoked accordingly.

The EFTA Court’s ruling is an important step for the blood mares in Iceland. Now we must ensure that this ruling actually results in protection for the animals.