COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, I5.I2.I99S 
COM(95) 737 final 
95/0357 (SYN) 
Proposal for a 
COUNCIL REGULATION (EC) 
amending Council Regulation (EEC) No 3254/91 
prohibiting the use of leghold traps in the Community and the introduction into the 
Community of pelts and manufactured goods of certain wild animal species 
originating in countries which catch them by means of leghold traps or trapping 
methods which do not meet international humane trapping standards 
(presented by the Commission] 

EXPLANATORY MEMORANDUM 
1. Council Regulation (EEC) N°3254/91 envisages - in its Article 3 - the 
implementation of an import prohibition on certain furs and products thereof, 
unless the Commission had established that a third country had banned the 
use of leghold traps or had implemented trapping methods for the thirteen 
species listed in its Annex I that met internationally agreed humane trapping 
standards. 
With Commission Regulation (EC) N°1771/94 the entry into force of this import 
prohibitions was deferred from 1 January 1995 to 1 January 1996. 
2. The development of international humane trapping standards in the context of 
the International Organization for Standardization (ISO) was halted at the 
September 1995 meeting of the ISO Technical Committee involved. This 
Committee will - as a first step - now concentrate on the development of trap 
testing standards and intends to revisit trap performance standards as such on 
the basis of test results in accordance with these testing standards. 
3. In view of the situation described in point 2, the Commission, Canada, the 
United States of America and Russia, established a "Working group on the 
development of international humane trapping standards" in September 1995. 
The work of this group is ongoing and progress is being made. 
4. The Commission carefully considered the effects import restrictions as of 1 
January 1996 would have on the development of humane trapping standards 
and on the Community's obligations under international trade rules. It came to 
the conclusion that a postponement of these import restrictions was necessary 
in order to allow the standard development process referred to in point 3 to 
continue and that certain provisions of Regulation N°3254/91 needed to be 
amended so as to facilitate its implementation and to make such 
implementation more proportionate to its objectives. 
5. The attached proposal for the replacement of Articles 3 and 4 of Council 
Regulation (EEC) N°3254/91 is consistent with the aim of that Regulation and 
caters for the points referred to under 4 above. 
2 
Proposal for a Council Regulation amending Council Regulation (EEC) No 
3254/91 prohibiting the use of leghold traps in the Community and the 
introduction into the Community of pelts and manufactured goods of certain 
wild animal species originating in countries which catch them by means of 
leghold traps or trapping methods which do not meet international humane 
trapping standards 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 113 and Article 130s thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament 
Having regard to the opinion of the Economic and Social Committee, 
Whereas the suspension of the prohibition referred to in Article 3, paragraph 1, of 
Council Regulation (EEC) No 3254/91, decided with Commission Regulation (EC) No 
1771/94, in accordance with its Article 5, has not allowed the completion of the 
development of international humane trapping standards; 
Whereas this implies that the option for a third country to ensure that the trapping 
methods used for the species listed in Annex I to Council Regulation (EEC) No 
3254/91 meet internationally agreed humane trapping standards is not available; 
Whereas, in cooperation with the mainly affected third countries, the Commission is 
in the process of exploring alternative ways to achieve such standards; 
Whereas, under the circumstances, it is appropriate to amend Council Regulation 
(EEC) No 3254/91 and to postpone the implementation of the import restrictions 
concerned; 
Whereas the exploitation of furbearing animals forms an important part of the 
traditional way of life and economy of indigenous peoples and it is therefore 
appropriate to see to it that the interests of these peoples are not negatively affected; 
Whereas in the implementation of this Regulation account should be taken of the fact 
that in a number of third countries trapping activities are regulated on a subfederal 
level, 
HAS ADOPTED THIS REGULATION : 
3> 
Article 1 
Articles 3 and 4 of Council Regulation (EEC) No 3254/91 are hereby replaced as 
follows: 
Article 3 
The Community will enter into or pursue negotiations with third countries in 
order to achieve a framework agreement on humane animal trapping 
standards, in particular for the animal species listed in Annex I. This 
agreement shall include a timetable for its implementation. 
Article 4 
1. The Commission shall review the progress of the negotiations referred to in 
Article 3 no later than 31 December 1996 and at the same time, in 
cooperation with the competent authorities concerned, the progress made by 
third countries in the development of humane trapping methods. 
If no framework agreement is reached, the Commission shall regularly 
determine for each of the species listed in Annex I, the list of countries which 
have not done one of the following: either made sufficient individual progress 
in the development of humane trapping methods or prohibited the use of 
leghold traps. 
If a framework agreement is reached, the Commission shall regularly 
determine for each of the species listed in Annex I, the list of countries which 
have not done one of the following: either committed themselves formally to 
implementation of the framework agreement within an agreed timeframe or 
prohibited the use of leghold traps. 
2. Upon publication in the Official Journal of the European Communities of the 
list provided for in paragraph 1, the introduction into the Community of pelts 
of wild animals of species listed in Annex I and the goods manufactured 
thereof listed in Annex II shall be prohibited if they originate in a listed 
country. 
3. The prohibition referred to in paragraph 2 shall not apply to : 
a) the introduction of finished goods for personal and private use; 
b) pelts and goods manufactured thereof that are being reintroduced into the 
Community following an outward processing procedure and proof is given 
to the customs office of reintroduction that they were processed from pelts 
or goods previously exported from the Community; 
c) pelts and goods manufactured thereof that are assigned to a customs 
procedure for external transit which is intended to convey them outside 
the customs territory of the Community. 
H-
4. The prohibition referred to in paragraph 2 shall not apply to pelts and goods 
manufactured thereof resulting from trapping activities carried out by 
indigenous peoples. 
5. With regard to countries where trapping activities are regulated on a 
subfederal legislative level, the provisions of Article 4 may be applied 
accordingly. 
6. The Community will enter into negotiations with third countries wishing that 
the provisions of paragraphs 4 and 5 be applied in order to establish 
appropriate provisions for their implementation. 
7. The Commission shall in accordance with the procedure laid down in 
Article 5, lay down the necessary administrative provisions for the 
implementation of this Regulation. 
Article 2 
This Regulation shall enter into force on the day of its publication in the Official 
Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, For the Council, 

ISSN 0254-1475 
COM(95) 737 final 
DOCUMENTS 
EN 14 11 
Catalogue number : CB-CO-95-767-EN-C 
ISBN 92-77-98746-4 
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