EN Official Journal of the European Communities L 42/43

AGREEMENT

on international humane trapping standards between the European Community, Canada and the Russian Federation

THE EUROPEAN COMMUNITY,

THE GOVERNMENT OF CANADA,

and

THE GOVERNMENT OF THE RUSSIAN FEDERATION,

parties to this Agreement (the ‘Parties’),

RECALLING their deep commitment to the development of international humane trapping standards that are based on scientific research as well as empirical and practical evidence;

REAFFIRMING that each Party has, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit its own resources pursuant to its own environmental and developmental policies and that each Party is responsible for conserving its biological diversity and for using its biological resources in a sustainable manner;

ACKNOWLEDGING that the sustainable use of wild animals for human benefit is in keeping with the principles of the World Conservation Strategy, the World Commission on Environment and Development and the United Nations Conference on Environment and Development;

NOTING the commitment, also undertaken by the Member States of the International Union for the Conservation of Nature and Natural Resources (IUCN) at its 18th General Assembly in resolution 18.25, to eliminate as soon as practicable the use of inhumane traps;

RECOGNISING that the process of developing international humane standards for the trapping of mammals undertaken by ISO, the International Organisation for Standardisation, in 1987, is not yet complete;

ACKNOWLEDGING that a primary purpose of any international technological standard is to, inter alia, improve communication and facilitate trade;

ACKNOWLEDGING the considerable research carried out, in particular in Canada, the United States of America, the Russian Federation and the European Community, towards the evolution of more humane, practical trapping methods;

UNDERSCORING the considerable work carried out by the working group on the development of international humane trapping standards that was composed of experts from Canada, the United States of America, the Russian Federation and the European Community;

APPRECIATING that, despite the absence of international humane trapping standards, a number of jurisdictions have followed different approaches and introduced legislation to improve trapping methods and the welfare of wild animals; and

RECOGNISING that the internal constitutional and institutional rules of each Party determine the primary authority for the implementation of the humane trapping standards within its jurisdiction,

AGREE AS FOLLOWS:

Article 1

Definitions

For the purpose of this Agreement:

Traps means both killing and restraining mechanical capturing devices, as appropriate.

Trapping methods means traps and their setting conditions (e.g. target species, positioning, lure, bait and natural environmental conditions).

Humane trapping methods means the traps certified by competent authorities that are in conformity with the humane trapping standards (the ‘Standards’, found in Annex I to this Agreement) and used in the setting conditions specified by the manufacturers.

Article 2

Objectives

The objectives of this Agreement are to:

(a) establish standards on humane trapping methods;

(b) improve communication and cooperation between the Parties for the implementation and development of these standards; and

(c) facilitate trade between the Parties.

Article 3

Scope

This Agreement applies to trapping methods and the certification of traps for the trapping of wild terrestrial or semi-aquatic mammals listed in Annex I for:

(a) wildlife management purposes including pest control;

(b) obtaining fur, skin or meat; and

(c) the capture of mammals for conservation.

Article 4

Obligations under other international agreements

1. Nothing in this Agreement affects the rights and obligations of those Parties that are members of the World Trade Organisation (WTO) under the Marrakesh Agreement establishing the World Trade Organisation.

2. For Parties that are not members of the WTO, nothing in this Agreement affects their rights and obligations under bilateral agreements listed in Annex II between the Parties.

Article 5

Existing measures

A Party may continue to prohibit the use, in its territory, of traps that had been prohibited for use at the date of entry into force of this Agreement.

Article 6

International cooperation

Without prejudice to Article 9, the Parties agree to:

(a) cooperate with one another directly, or through competent international organisations, in respect of matters of mutual interest related to this Agreement; and

(b) develop and enhance multilateral cooperation in the field of humane trapping methods on the basis of mutual benefits and the desire to facilitate trade.

Article 7

Commitment of the Parties

Each Party shall take the necessary steps, in accordance with the schedule in Annex I, to ensure that its respective competent authorities:

(a) establish appropriate processes for certifying traps in accordance with the Standards;

(b) ensure that the trapping methods conducted in their respective territories are in accordance with the Standards;

(c) prohibit the use of traps that are not certified in accordance with the Standards (1); and

(d) require manufacturers to identify certified traps and provide instructions for their appropriate setting, safe operation and maintenance.

Article 8

Implementation of the Standards

In implementing the Standards, each competent authority of the Parties should use its best efforts to ensure that:

(a) appropriate processes are in place for: (i) granting or removing permission for the use of traps, and (ii) enforcing legislation on humane trapping methods;

(b) trappers are trained in the humane, safe and effective use of trapping methods, including new methods as these are developed; and,

(c) the trap testing guidelines as set out in Annex I are taken into account when establishing domestic certification processes.

Article 9

Ongoing development of the Standards

The Parties shall:

(a) promote and encourage research aimed at the ongoing development of the Standards; and

(b) re-evaluate and update Annex I, the first time three years after the entry into force of this Agreement, using in particular the results of the research referred to in paragraph (a).

Article 10

Derogations

1. Derogations to the commitments referred to in Article 7 may be granted by the competent authority on a case-by-case basis, provided that they are not applied in a manner that would undermine the objectives of the Agreement, for any of the following purposes:

(a) the interests of public health and safety;

(b) protection of public and private property;

(c) research, education, repopulation, reintroduction, breeding or for the protection of fauna and flora; and

(d) using traditional wooden traps essential for preserving cultural heritage of indigenous communities.

2. Derogations granted under paragraph 1 must be accompanied by written reasons and conditions.

3. The Parties shall notify the Joint Management Committee in writing of the derogations granted under paragraph 1 and the written reasons and conditions referred to in paragraph 2.

Article 11

Notification and exchange of information

1. The Parties shall regularly exchange information on all matters related to their implementation of this Agreement. They shall inform each other of the progress of the work done concerning the evaluation of the traps carried out in the application of the schedule set forth in Annex 1, on related research and on certified traps.

2. The Parties shall notify each other of the competent authorities that are responsible for the implementation of this Agreement.

Article 12

Mutual Recognition

1. A Party may authorise the use in its territory of traps certified by another Party. Any refusal must be justified in writing.

2. Each Party shall recognise the trapping methods of any other Party as equivalent if the other Party's trapping methods meet the Standards.

Article 13

Trade in fur and fur products between the Parties

1. Without prejudice to Article 15 and paragraph 2 of this Article, and the relevant provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), done at Washington on 3 March 1973, no Party may impose trade restrictive measures on fur and fur products originating from any other Party.

2. At the point of importation into its customs territory, a Party may request a certificate of origin that:

(a) certifies that the furs or furs incorporated into products to be imported have been obtained from animals that are caught or farmed in the territory of any other Party; and

(b) includes a reference to a documentation of origin issued by the competent authorities.

Article 14

Joint Management Committee

1. The Parties shall establish a Joint Management Committee (the ‘Committee’) comprising representatives of the Parties. The Committee may consider any matters relating to this Agreement.

2. The Committee shall meet within 12 months after the date of entry into force of this Agreement. The Committee shall meet periodically thereafter or at the request of any Party. The Committee may also address issues between its meetings by correspondence. The Committee shall adopt its rules of procedure at its first meeting.

3. Decisions of the Committee shall be reached by consensus.

4. The Committee may, from time to time, establish ad hoc scientific and technical expert working groups to make recommendations to the Committee regarding:

(a) any scientific and technical matters;

(b) questions of interpretation as proposed by the Parties; and

(c) recommendations on the resolution of disagreements.

5. The Committee may propose to the Parties amendments to this Agreement, taking into account, as appropriate, the relevant recommendations of expert working groups.

Article 15

Settlement of disputes

1. The Parties shall endeavour to arrive at a mutually satisfactory resolution of any matter that may affect the operation of this Agreement through negotiations. Where the Parties concerned are unable to resolve their differences, the Committee shall be convened, at the request of one of the Parties, for discussion and resolution. The Committee, when addressing the issue put to its consideration, may establish, if appropriate, an ad hoc scientific and/or technical working group in accordance with Article 14.4 of this Agreement.

2. If the Committee fails to resolve the dispute within 90 days, on the request of the complaining Party an Arbitration Body shall be established pursuant to Annex III.

3. The Arbitration Body may issue rulings in respect of any dispute concerning the interpretation and application by the Party complained against of the Agreement.

4. The Arbitration Body shall not exceed the terms of reference agreed to by the Parties and shall not issue a ruling beyond the scope provided for in this Article.

5. This Article is applicable mutatis mutandis to cases where there is more than one complaining or responding Party.

Article 16

Accession

Any country may accede to this Agreement, subject to the terms and conditions as may be agreed between such country and the Parties.

Article 17

Final provisions

1. The Annexes are an integral part of this Agreement.

2. This Agreement enters into force 60 days following the date of the deposit of the last instrument of ratification, conclusion or adoption, according to the rules applicable for each Party.

3. This Agreement is not self-executing. Each Party shall implement the commitments and obligations arising from this Agreement in accordance with its internal procedures.

4. Amendments to this Agreement may be proposed by the Committee, or by any Party at any time. Any amendment agreed to by the Parties enters into force on the day following the deposit of the last instrument of ratification, conclusion or adoption of the agreed amendment, according to the rules applicable for each Party.

5. A Party may withdraw from this Agreement by giving at least six months' notice in writing. In such an event, the obligations under this Agreement as regards the withdrawing Party shall come to an end on the expiry of the period of notice.

6. This Agreement is drawn up in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Russian languages, all texts being equally authentic. This Agreement will be deposited in the archives of the Secretariat General of the Council of the European Union, which shall deliver a certified copy thereof to each Party.

(1) The Parties agree that Article 7 does not prevent individuals from constructing and using traps, provided that such traps comply with designs approved by the relevant competent authority.