COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 05.06.1997 
COM(97) 52 final 
Proposal for a 
COUNCIL DECISION 
on the list referred to in the second paragraph of Article 3(1) 
of 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 animals species originating in countries 
which catch them by means of leghold traps or trapping methods which do not 
meet international humane trapping standard and in Article 1(1 )(a) of Commis­
sion Regulation (EC) No 35/97 laying down provisions on the certification of 
pelts and goods covered by Council Regulation (EEC) no 3254/91 
(presented by the Commission) 

Explanatory memorandum 
Subject: Proposal for a Council Decision on the list referred to in the second 
paragraph of Article 3(1) of 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 animals species originating in countries which catch 
them by means of leghold traps or trapping methods which do not 
meet international humane trapping standard and in Article 1(1 )(a) of 
Commission Regulation (EC) No 35/97 laying down provisions on the 
certification of pelts and goods covered by Council Regulation (EEC) 
no 3254/91 
1 Council Regulation (EEC) No 3254/911 prohibits inter alia the introduction into 
the Community of the pelts and goods manufactured thereof (listed in its Annex 
II) of 13 animal species unless the Commission has determined that in the 
country where the pelts originate: 
a) there are adequate administrative or legislative provisions in force to prohibit 
the use of the leghold trap, or 
b) the trapping methods used for the species mentioned above meet inter­
nationally agreed humane trapping standards. 
2. Paragraph 2 of Article 3(1) of Council Regulation (EEC) No 3254/91 provides 
that the Commission shall publish in the Official Journal of the European 
Communities a list of the countries which meet at least one of the conditions 
referred to in 1 
3. Article 4 of Council Regulation (EEC) No. 3254/91 provides that the 
Commission shall determine the appropriate forms of certification that such 
pelts originate in a country appearing in the list referred to in 2. 
4. With Commission Regulation (EEC) No 1771/942, the entry into force of this 
import prohibitions was deferred from 1 January 1995 to 1 January 1996, 
pursuant to the provision of Article 3(2) of Council Regulation (EEC) No. 
3254/91 
5. In view of the failure of the development of international humane trapping 
standards in the context of the Internationa! Organisation for Standardisation, 
the implications of the Regulation on the Community's obligations under 
international trade rules and the impracticability of implementing Regulation 
3254/91, the Commission, on 22 November 1995, decided to propose to the 
1OJL 308 of 9.11.1991, p. 1 
2OJL 184 of 20.7.1994, p. 3 
«I 
Council to, amongst other things, suspend the entry into force of the envisaged 
import restrictions for one additional year. A Council decision on the proposal 
concerned3 is pending. 
6. According to the authorization given by the Council in June 1996, the 
Commission has negotiated a draft international Agreement on Humane 
trapping standards which was initialled by Canada , the Russian Federation 
and the Commission in December 1996. A proposal for Council Decision 
concerning the signing and conclusion of this Agreement has been sent to the 
Council on 27 January 1997 (COM 97/17). 
7. A draft Commission decision Saying down provisions on the certification of pelts 
and goods in accordance of Article 4 of Council Regulation (EEC) No 3254/91 
having been approved on 20 November 1996 by the Committee referred to in 
Article 5 of the same Regulation, these provisions were adopted with 
Commission Regulation (EC) No 35/9T4. This regulation also provides that it 
shall apply from the first day of the third month following publication in the 
Official Journal of the European Communities of the list of countries concerned. 
A draft Commission decision which identifies the list of authorized countries of 
origin was sent on 20 December 1996 for opinion to the Committee referred to 
in Article 5 of Council Regulation (EEC) no 3254/91. 
9. As the Committee has not delivered a favourable opinion on the draft 
Commission decision, and in accordance with Article 5 of Council Regulation 
(EEC) no 3254/91, the Commission therefore submits to the Council the 
attached proposal. 
3 Doc. COM(95) 737 final 95/0357 (SYN) of 15.12.1995 
4OJL 8 of 11.01.1997, p.2 
3 
Proposal for a 
Council Decision on the list referred to in the second paragraph of Article 3(1) 
of 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 animals species originating in countries 
which catch them by means of leghold traps or trapping methods which do not 
meet international humane trapping standard and in Article 1(1 )(a) of Commis­
sion Regulation (EC) No 35/97 laying down provisions on the certification of 
pelts and goods covered by Council Regulation (EEC) no 3254/91 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to the proposal from the Commission, 
Having regard to 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, and in particular the first paragraph of Article 3, second 
phrase thereof1, 
Whereas Commission Regulation (EC) No 35/97 laying down provisions on the 
certification of goods covered by Council Regulation (EEC) No 3254/91, and in 
particular Article 1(1 )(a) thereof2 is applicable only with respect to the importation of 
pelts of animals not bom and bred in captivity from countries listed in this decision, 
Whereas the list in the Annex to this Decision has been established on the basis of 
information requested by the Commission from countries within the known distribution 
area of the species referred to in Annex 1 to Council Regulation (EEC) No 3254/91; 
Whereas an International Agreement on Humane Trapping Standards has been 
initialled and sent to the Council (COM 97/17); whereas it is appropriate to refrain from 
acts which would defeat the object and the purpose of the initialled Agreement; 
whereas the list includes therefore the countries which have initialled the International 
Agreement on Humane Trapping Standards; 
Whereas, inter alia pending the accession to the International Agreement on Humane 
Trapping Standards by additional third countries or any other situation cx>vered by 
Article 3(1) of Regulation 3254/91, this Decision can only be of a transitional nature; 
whereas the list shall be amended immediately according to the new situations in 
order not to hinder the trade in furs and fur related products; 
1 OJL 308 of 9.11.1991, p. 1 
2OJL 8 of 11.1.1997, p. 2 
^ 
Whereas the Committee referred to in Article 5 of Council Regulation (EEC) No 
3254/91, and consulted by written procedure on 20 december 1996 has not delivered 
a favourable opinon on the draft Comission decision identifying the list of authorized 
countries, 
HAS ADOPTED THIS DECISION: 
r 
Article 1 
The list of countries which meet at least one of the conditions set out in the first 
paragraph of Article 3(1) of Council Regulation (EC) No 3254/91 and referred to in 
Article 1(1 )(a) of Commission Regulation (EC) No 35/97 is contained in the Annex to 
this Decision. 
This Decision shall enter into force on the day of its publication in the Official Journal 
of the European Communities. 
This Decision is addressed to all Member States. 
Done at Brussels, For the Council, 
^ 
Annex 
List of countries/species referred to in Article 1(1)(a} 
Species 
Procyon iotor 
Bulgaria Canis lupus 
Canada Canis latrans 
Canis lupus 
Castor canadensis 
Felis rufus 
Lutra canadensis 
Lynx canadensis 
Martes amehcana 
Martes pennanti 
Mustela emiinea 
Ondatra zibethicus 
Procyon iotor 
Taxidea taxus 
China, People's Republic of Canis lupus 
Martes zibellina 
Mustela erminea 
Ondatra zibethicus 
Czech Republic Canis lupus 
Mustela emiinea 
Ondatra zibethicus 
El Salvador Procyon Iotor 
Greenland Canis lupus 
Hungary Mustela erminea 
Ondatra zibethicus 
i 
Jordan Canis lupus 
Korea, Republic of Martes zibellina 
Canis lupus I 
Lebanon Canis lupus ~| 
Mexico Canis lupus I 
Canis latrans 
Castor canadensis 
Felis rufus 
Ondatra zibethicus 
Procyon lotor I 
Taxidea taxus I 
Moldova Canis lupus 
Mustela erminea 
Nicaragua Procyon lotor 
Norway Canis lupus 
Mustela erminea 
Ondatra zibethicus 
Pakistan Canis lupus 
Mustela erminea 
Panama Procyon lotor 
Poland Canis lupus 
Martes zibellina 
Mustela erminea 
Ondatra zibethicus 
Romania " Canis lupus 
Russian Federation Canis lupus 
Martes zibellina 
Mustela erminea 
Ondatra zibethicus 
Procyon lotor 
e 
Slovak Republic Canis lupus 
Martes zibellina 
Mustela erminea 
Slovenia, Republic of Canis lupus 
Ondatra zibethicus 
Turkey Canis lupus 

ISSN 0254-1475 
COM(97) 52 final 
DOCUMENTS 
EN 03 14 02 11 
Catalogue number : CB-CO-97-045-EN-C 
ISBN 92-78-15620-5 
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