A4-0151/96

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 (COM(95)0737 - C4-0105/96 - 95/0357(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Citation 4a (new)

>Text following EP vote>

Having regard to Commission Regulation (EC) No 1771/94 of 19 July 1994 laying down provisions on the introduction into the Community of pelts and manufactured goods of certain wild animal species1, and in particular Article 1 thereof,

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1 OJ L 184, 20.7.1994, p. 3.

(Amendment 2)

Citation 4b (new)

>Text following EP vote>

Having regard to the European Parliament resolution of 15 December 1994 on the conclusion of the Uruguay Round and the future activities of the World Trade Organisation1,

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1 OJ C 18, 23.1.1995, p. 165.

(Amendment 3)

Citation 4c (new)

>Text following EP vote>

Having regard to the European Parliament resolution of 19 January 1995 on the International Decade of the Indigenous Peoples1, in particular paragraph 5 thereof,

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1 OJ C 43, 20.2.1995, p. 85.

(Amendment 4)

Recital 1

>Original text>

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;

>Text following EP vote>

Whereas despite 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, international humane trapping standards have not been adopted;

(Amendment 5)

Recital 2

>Original text>

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;

>Text following EP vote>

Whereas 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;

(Amendment 6)

Recital 2a (new)

>Text following EP vote>

Whereas Declaration No 24 annexed to the Final Act of the Treaty on European Union calls upon the European Institutions and upon Member States to pay full regard to the welfare requirements of animals when drafting and implementing legislation on the common agricultural policy, transport, the internal market and research;

(Amendment 7)

Recital 3a (new)

>Text following EP vote>

Whereas, consistent with the Berne Convention, any international humane trapping standard which is adopted must necessarily exclude the use of indiscriminate means of capture and killing, such as leghold traps, as defined in Article 1 of Council Regulation (EEC) No 3254/91;

(Amendment 8)

Recital 3b (new)

>Text following EP vote>

Whereas more than 60 countries, including all the Member States of the European Union, have banned the use of the leghold trap within their jurisdiction;

(Amendment 9)

Recital 3c (new)

>Text following EP vote>

Whereas at least 22 countries have given notice of their ability to comply with Article 3(1) of Council Regulation (EEC) No 3254/91, and have requested to be included in the list of countries to be established by the Commission;

(Amendment 10)

Recital 4

>Original text>

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;

>Text following EP vote>

Deleted

(Amendment 11)

Recital 4a (new)

>Text following EP vote>

Whereas implementation, as from 1 January 1996, of Council Regulation (EEC) No 3254/91 requires a list of countries meeting at least one of the conditions defined in the first subparagraph of Article 3(1) of that Regulation, to be drawn up and published;

(Amendment 12)

Recital 4b (new)

>Text following EP vote>

Whereas Article 4 of Council Regulation (EEC) No 3254/91 provides that countries exporting or re-exporting to the Community any of the goods listed in its Annex II, inasmuch as they incorporate pelts of the species listed in its Annex I, must certify that such pelts originate in a country appearing in the aforementioned list;

(Amendment 13)

Recital 4c (new)

>Text following EP vote>

Whereas the list specified in Article 3(1) of Council Regulation (EEC) No 3254/91 does not yet exist;

(Amendment 14)

Recital 4d (new)

>Text following EP vote>

Whereas having exercised its right under Article 5 of Council Regulation (EEC) No 3254/91 the Commission has no further powers to postpone the implementation of the import restrictions specified under Article 3(1) which should therefore now be implemented by all Member States;

(Amendment 15)

Recital 5

>Original text>

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;

>Text following EP vote>

Whereas the hunting and trapping of wild furbearing animals has historically formed an important part of the traditional way of life and economy of Native peoples and it is therefore appropriate to take account of their interests in so far as these may be affected by the implementation of this Regulation;

(Amendment 16)

Recital 6

>Original text>

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,

>Text following EP vote>

Whereas in the implementation of this Regulation account can be taken of the fact that in a number of third countries trapping activities are within the jurisdiction of subfederal authorities, but only where such subfederal authorities comply with the conditions laid down in Article 3(1) of Council Regulation (EEC) No. 3254/91 and can demonstrate that adequate certification and enforcement measures exist;

(Amendment 17)

Recital 6a (new)

>Text following EP vote>

Whereas the General Agreement on Tariffs and Trade, and in particular Article XX thereof, has to be taken into account;

(Amendment 34)

ARTICLE 1

Article 3 (Regulation (EEC) No 3254/91)

>Text following EP vote>

1. The introduction into the Community of the pelts of the animal species listed in Annex I and of the other goods listed in Annex II, inasmuch as they incorporate pelts of the species listed in Annex I, shall be prohibited as of 1 January 1995, unless the Commission, in accordance with the procedure laid down in Article 5, has determined that, in the country where the pelts originate:

>Text following EP vote>

- there are adequate administrative or legislative provisions in force to prohibit the use of the leghold trap; or

>Text following EP vote>

- the trapping methods used for the species listed in Annex I meet internationally agreed humane trapping standards.

>Text following EP vote>

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 set out in the first subparagraph.

>Original text>

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.

>Text following EP vote>

2. The Community will enter into negotiations with third countries in order to achieve agreement on humane animal trapping standards, in particular for the species listed in Annex I. Such standards shall include a timetable for implementation not exceeding 12 months.

>Text following EP vote>

Native peoples and international animal welfare organizations may take part in the negotiations with consultative status.

>Text following EP vote>

The European Parliament shall be kept informed as to the outcome of the negotiations.

>Text following EP vote>

On conclusion of this agreement the Commission may, pursuant to Articles 113 and 130s(1) of the Treaty, submit a proposal for the suspension of the prohibition referred to in paragraph 1.

(Amendment 39)

ARTICLE 1

Article 3a (new) (Regulation (EEC) No 3254/91)

>Text following EP vote>

Article 3a

In the absence of an agreement concluded in accordance with Article 3(2), the import restrictions foreseen in Article 3(1) shall remain in force.

>Text following EP vote>

In the event that no agreement is reached by 31 December 1996, the Commission shall report to the Council and the European Parliament in order to establish whether there is a reasonable basis for continuing with such negotiations.

(Amendment 36)

ARTICLE 1

Article 4(-1) (new) (Regulation (EEC) No 3254/91)

>Text following EP vote>

-1. Countries exporting or re-exporting to the Community after 1 January 1996 any of the goods listed in Annex II, inasmuch as they incorporate pelts of the species listed in Annex I, shall certify that such pelts originate in a country appearing in the list referred to in the second subparagraph of Article 3(1).

>Text following EP vote>

The Commission, in accordance with the procedure laid down in Article 5, shall determine the appropriate forms for such certification.

(Amendment 19)

ARTICLE 1

Article 4(1) (Regulation (EEC) No 3254/91)

>Original text>

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.

>Text following EP vote>

1. Without prejudice to the provisions of Council Regulation (EEC) No 3626/821 and with the exception of goods for personal and private use, pelts of animal species listed in Annex I to this Regulation and goods manufactured from such pelts listed in Annex II to this Regulation may be assigned to a customs procedure other than external transit - involving shipment to a destination outside the customs territory of the Community - only where they originate in a Member State or a country mentioned in Annex IIa to this Regulation and on production, at the customs office of entry, of a certificate in conformity with the format laid down in Annex IIb and issued by an official national authority of the exporting or re-exporting country.

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1 OJ L 384, 31.12.1982, p. 1.

(Amendment 20)

ARTICLE 1

Article 4(2) (Regulation (EEC) No 3254/91)

>Original text>

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.

>Text following EP vote>

2. 'Originate in a country' means: derived from animals caught in the wild or born in captivity in that country.

(Amendment 21)

ARTICLE 1

Article 4(2a) (new) (Regulation (EEC) No 3254/91)

>Text following EP vote>

2a. The official national authorities designated by third countries to issue the certificates referred to in paragraph -1 must be notified to the Commission, which shall publish a list thereof in the Official Journal of the European Communities.

(Amendment 22)

ARTICLE 1

Article 4(2b) (new) (Regulation (EEC) No 3254/91)

>Text following EP vote>

2b. Certificates must be drawn up in one of the official languages of the Community. A translation into another Community language may be required, where appropriate.

(Amendment 23)

ARTICLE 1

Article 4(3) (Regulation (EEC) No 3254/91)

>Original text>

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.

>Text following EP vote>

3. Where the introduction into the Community of pelts and goods manufactured therefrom originating from species mentioned in Annex I to Council Regulation (EEC) No 3254/91 is also subject to Council Regulation (EEC) No 3626/821, an import permit may be issued only in accordance with the provisions of this Regulation and insofar as such pelts originate in a Member State or a country listed in Annex IIa to this Regulation.

3a. Where such import permits are issued, they shall be accepted in lieu of the certificate referred to in paragraph -1.

(Amendment 37)

ARTICLE 1

Article 4(4) (Regulation (EEC) No 3254/91)

>Original text>

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.

>Text following EP vote>

4. Native communities or peoples in third countries may apply to be incorporated into the list drawn up pursuant to Article 3(1) if they can prove that they meet the conditions laid down in that Article.

(Amendment 25)

ARTICLE 1

Article 4(5) (Regulation (EEC) No 3254/91)

>Original text>

5. With regard to countries where trapping activities are regulated on a subfederal legislative level, the provisions of Article 4 may be applied accordingly.

>Text following EP vote>

5. With regard to countries where trapping activities are under the jurisdiction of subfederal authorities, such subfederal authorities which comply with the conditions laid down in Article 3(1) and can demonstrate the existence of adequate certification and enforcement procedures, may apply to be listed in accordance with that Article.

(Amendment 26)

ARTICLE 1

Article 4(6) (Regulation (EEC) No 3254/91)

>Original text>

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.

>Text following EP vote>

Article 4a

The Community will enter into negotiations with third countries seeking to apply the provisions of Article 4(4) and (5) in order to establish appropriate provisions for their implementation.

(Amendment 27)

ARTICLE 1

Article 4(7) (Regulation (EEC) No 3254/91)

>Original text>

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.

>Text following EP vote>

Article 4b

The Commission shall within three months of the adoption of this Regulation and in accordance with the procedure laid down in Article 5, lay down the necessary administrative provisions for the implementation of this Regulation.

(Amendment 28)

ARTICLE 1

Article 4c (new) (Regulation (EEC) No 3254/91)

>Text following EP vote>

Article 4c

The Community shall enter into negotiations with third countries that have prohibited the use of leghold traps within their jurisdiction, with the aim of establishing a multilateral agreement or convention which opposes and discourages the use of leghold traps.

(Amendment 29)

ARTICLE 1

Article 4d (new) (Regulation (EEC) No 3254/91)

>Text following EP vote>

Article 4d

The Community shall enter into negotiations with third countries in order to establish multilateral agreements to prevent wild animals from suffering during trapping, transportation and slaughter.

(Amendment 30)

ARTICLE 1

Article 4e (new) (Regulation (EEC) No 3254/91)

>Text following EP vote>

Article 4e

The Commission shall present a report three years after the entering into force of this Regulation. The report shall evaluate the effects of the Regulation on native people as well as the animal welfare elements of the Regulation.

(Amendment 31)

ANNEX I (new)

Annex IIa (new) (Regulation (EEC) No 3254/91)

>Text following EP vote>

I

The following annex is added to Council Regulation (EEC) No 3254/91:

'ANNEX IIa

Countries of origin (where animals have been caught in the wild or reared in captivity) referred to in Article 3(1) of this Regulation and meeting at least one of the conditions laid down therein.

Belize

Bulgaria

China, People's Republic of

Czech Republic

El Salvador

Greenland

Hungary

Jordan

Korea, Republic of

Lebanon

Mexico

Moldavia

Nicaragua

Norway

Pakistan

Panama

Poland

Romania

Saudi Arabia

Slovak Republic

Slovenia, Republic of

Turkey¨

(Amendment 32)

ANNEX II (new)

Annex IIb (new) (Regulation (EEC) No 3254/91)

>Text following EP vote>

II

The following annex is added to Council Regulation (EEC) No. 3254/91:

Annex IIb

>Original text>

Certificate of origin for pelts of certain wild animal species and goods manufactured from such pelts imported into the Community (Regulation (EEC) No 3254/91)

1. Country of export or re-export

>Original text>

2. Description of goods

3. CN Code

>Original text>

4. Scientific and usual name of species

5. Quantity

>Text following EP vote>

6. Net volume (in kg)

>Text following EP vote>

7. Country of origin

>Original text>

2. Description of goods

3. CN Code

>Original text>

4. Scientific and usual name of species

5. Quantity

>Text following EP vote>

6. Net volume (in kg)

>Text following EP vote>

7. Country of origin

>Original text>

2. Description of goods

3. CN Code

>Original text>

4. Scientific and usual name of species

5. Quantity

>Text following EP vote>

6. Net volume (in kg)

>Text following EP vote>

7. Country of origin

>Original text>

2. Description of goods

3. CN Code

>Original text>

4. Scientific and usual name of species

5. Quantity

>Text following EP vote>

6. Net volume (in kg)

>Text following EP vote>

7. Country of origin

>Original text>

This document certifies that the pelts and/or goods manufactured therefrom shown in box 3 originate from animals caught in the wild or born in captivity in the country/countries specified in box 7(1)

(1) Member State(s) of the Community or country/countries listed in Annex I to Regulation (EEC) No ...../95

>Original text>

8. Date and place of issue Stamp of issuing authority:

Date:

Place:

Signature:

Legislative resolution embodying Parliament's opinion on the 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(COM(95)0737 - C4-0105/96 - 95/0357(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(95)0737 - 95/0357(SYN) ((OJ C 58, 28.2.1996, p. 17)),

- having been consulted by the Council pursuant to Articles 189c, 113 and 130s of the EC Treaty (C4-0105/96),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinion of the Committee on External Economic Relations (A4-0151/96),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.