PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE IMPORTATION OF CERTAIN FURS
Date: 1989-04-26
Institutions: European Commission
Subjects: hides and furskins industry, hunting regulations, import restriction, protected species, protection of animal life

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0MC89) 198 final 

Brussels/ 26 April 1989 

Proposal for a 

COUNCIL RE6ULATI0N (EEC) 

on the importation of certain furs 

(presended by the Commission) 

PROPOSAL FOB A BECPLATIOH OH THE IHPQ1TATI0H 

QF  ÇCTTAIH  FUffi 

EXPLANATORY  MEMORANDUM 

THE LECHOLD TRAP 

The leghold trap is a device designed to restrain .or captura an 

animal by means of metal (or similar) clamps which close tightly upon 

one or more of the animal's limbs and, in doing so, often breaks 

bones and lacerates the skin. 

The device has been banned in over 60 countries worldwide and in five 

of the Member States of the European Community  (United Kingdom, 

Ireland, Denmark, Federal Republic of Germany, Greece.  The majority 

of other Member States have imposed strict conditions on their use. 

Moreover, the Convention on the conservation of European wildlife and 

natural habitats, concluded by the European Community  in December 

1981 by Council Decision 82/72/EEC prohibits the use of 

indiscriminate means of capture and killing for certain species, 

including traps. 

Research into the development of humane trapping methods is, however, 

already well underway and focuses on the creation of either instant 

killing devices (such as the modified Conibear trap - used in 

drowning sets) or on live holding devices (such as box traps or the 

Kim Novak leg snare) that are best suited to the individual species. 

Moreover, International Trapping Standards are being elaborated under 

the auspices of the International Standardisation Organisation with 

the participation of several Member States. 

THE FOURTH ENVIRONMENT ACTION PROGRAMME 

In the framework of the Fourth Environment Action Programme (1987-

1992) whose guidelines were in general approved by the Council in its 

Resolution of 19 October, 1987 (OJ C 328 of 7 December, 1987), the 

fr 

- 2 -

Commission recalled its intentions in relation to animal welfare as 

set out in the Commission programme for 1985 : 

"An improvement  in the quality of life also entails respect 

for animals in the Member States and in the Member States 

dealings with the rest of the world  ... The Commission will 

examine all possible steps which can be taken in this 

connection." 

THE EUROPEAN PARLIAMENT 

In July 1988, a written Declaration  (n° 9/88) was tabled by Mr 

Sell groan (ED - UK.) and Mrs Castle (S - UK) under Rule 65 of the 

Parliament's Rules of Procedures calling on the Commission to 

initiate an EC-wide ban on the manufacture, sale and use of the 

leghold trap and to introduce proposals for the labelling of fur 

products imported into the Community to indicate whether they derive 

from animals caught in leghold traps.  This Declaration was 

subsequently signed by 272 Members and has therefore been transmitted 

officially as the Opinion of the European Parliament to the Community 

institutions named in the Resolution, in this case the Commission. 

ACTION  W I T H IN THE ESC 
In the context of its proposal for a Council Directive  ' ' on the 
protection of natural and semi-natural habitats and of wild fauna and 
flora, the Commission has proposed that Member States prohibit the 
manufacture, sale and use of leghold traps.  This proposal is now 
being considered by the Council and Parliament. 

THE PRESENT PROPOSAL 

The present proposal is intended to supplement the measures mentioned 

in the preceding paragraph. 

Nowadays, most furs on the market come from farms (80-90 X).  However 

some species remain almost exclusively wild caught.  The list of 

species in the annex to this proposal for a Regulation is restricted 

to those that are known to be commercially harvested in countries 

1 ) OJ  Ref.... 

- 3 -

that still use the leghold trap for the capture of the animals of 

these species. 

In view of the measures taken within the European Community, this 

present proposal intends to prohibit the importation for commercial 

purposes, from 1st January, 1996, of certain goods that are made from 

or include fur of the species listed  in the annex where they 

originate in a country where the leghold trap is still used or where 

the trapping methods being used for the listed species, do not meet 

internationally agreed humane trapping standards. 

This prohibition can be suspended for a two year period, expiring on 

1st January, 1998, if the Commission has determined, as a result of a 

review undertaken before July 1994, in cooperation with the competent 

authorities of the countries concerned, that sufficient progress is 

being made in developing humane methods of trapping in their 

territory.  The Commission will also be seeking active participation 

in the elaboration of the international humane trapping standards 

once the present proposal is adopted. 

Proposal for a 
COUNCIL REGULATION 

on the importation of certain furs 

THE COUNCIL OF THE EUROPEAN ECONOMIC  COMMUNITY, 

Having regard to the Treaty establishing  the European Economic 

Community,  and in particular Article 113 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the Opinion of the European Parliament, 

Having regard to the Opinion of the Economic and Social Committee, 

Whereas  Council Directive .../.../EEC of 

on the protection of .natural and 

semi-natural habitats and of wild fauna and flora requires Member 

1 

States to prohibit the manufacture, sale and use of the leghold trap'. 

Whereas the Convention on the Conservation of European Wildlife and 

2 

Natural Habitats, concluded by the  Community  by  Council 
Decision 82/72/EEC, prohibits the use of indiscriminate means of 

capture and killing, including traps, for certain species; 

Whereas the leghold trap is a non-selective and cruel method of 

trapping; whereas, however, research into the development of humane 

trapping methods is already  in progress;  whereas, in addition, the Community's 

Fourth Environmental Action Programme  lays down some general 

guidelines for action in the field of animal welfare; 

Whereas, in view of the measures taken within the Community, 

it is appropriate that, from  1 January 1996, the importation for 

commercial purposes of certain goods consisting of or including 

the fur of the species  listed in Annex I should be prohibited 

when they originate in a country where the leghold trap is still used 

(1) OJ No L 
(2) OJ No L 38, 10.2.1982, p. 1. 
(3) OJ No C 328, 7.12.1987, p. 1. 

- 5 -

in their territory  or where trapping methods do not meet 

internationally  agreed humane  trapping  standards; 

Whereas  this prohibition  can be suspended  for a  two-year  period, 
expiring on  31  December  1997-,  if t ne  commission has determined  before 

1 July 1994, as a result of a review undertaken  in cooperation  with 

the competent  authorities of the countries concerned,  that  sufficient 

progress  is being made  in developing humane methods of trapping  in 

their territory  ? 

HAS ADOPTED THIS REGULATION  : 

This Regulation applies to the importation  of furs of the species 

listed  in Annex  I and of goods including  the fur of those species. 

ABTIÇItE 1 

For the purposes of this Regulation: 

AJIIÇLf  z 

Specified goods  : means all goods listed  in Annex  II which  consist of or 

include the fur of any of the animals  listed  in Annex  I. 

Leahold trap  : means a trap designed  to restrain or capture an animal 

by means of  clamps which  close tightly upon one or more of the animal's 

limbs thereby preventing  the  limb or  limbs from being withdrawn  from the 

trap. 

QBUUkàEaB&MXi 

1.  The entry for free circulation for commercial purposes of the specified goods snail 

be prohibited  from  1 January  1996, unless the Commission  has 

certified  that,  in the country where the goods  originated: 

- there exist  adequate administrative  or legislative provisions, in 

force, to prohibit  the use of the leghold  trap  in its territory; or 

the trapping methods used  in its territory  for the species 

listed  in Annex  I meet  internationally  agreed humane  trapping 

standards. 

- 6 -

The Commission  shall publish  in the Official  Journal of the European 

Communities  a  list of countries  in respect of which certificates 

have been granted. 

2.  The prohibition  of  the entry for free circulation for ccnnercial pjrposes of the 

specified goods  shall be suspended  by the Commission  for a two-year 

period, expiring on 31  December  1997, if the Commission  has determinod 

before 1 July  1994, as a result  of a review undertaken  in  cooperation 

with  the competent  authorities of the countries  concerned, that  sufficient 

progress  is being made  in developing  humane methods of trapping  in their 

territory. 

~v 

Article 4 

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 

- 7 -

AjgregjL 

List of species : 

Beaver 

Otter 

Coyote 

Wolf 

Lynx 

Bobcat 

Sable 

Castor canadensis 

Lutra canadensis 

Canis latrans 

Canis lupus 

Lynx canadensis 

v Felis rufus 

Martes zibellina 

Raccoon 

Procyon lotor 

N° 

CN CODE 

DESCRIPTION 

ANNEX II 

4103 

Othtr  raw  hidaa  and  skins  (fresh,  or  salted, 
dried,  liaed,  pickled  or  otherwise preserved, but 
not  tanned,  parchment-dressed  or  further 
prepared) , whether  or  not  âahalred  or  «split,  othex* 
than  thoee  excluded  by note  1 (b)  ox  1  (3)  to  this 
chapter  : 

4103  90  00 

-  Other 

4301 

Raw  furskins  (including  heads,  tails,  paws  anol 
other  pieces  or  cuttings,  auitable  for  furriers1 
u s e ),  other  than  raw  hides  and  skins  of  heading 
No  4101,  4102  or  4103  : 

4301  40  00 

-  Of  beaver,  whole,  with  or  without  head,  tail  or 

paws 

4301  ao 

- Other  furakins,  whole,  with  or  without  head, 

tail  or  paws i 

4301  80  50 

-  -  Of  wild  felines 

4301  80  90 

- -  Other 

4301  90  00 

- Heads,  tails,  pews  and  other  pieces  or  cuttings, 

suitable  for  furriers1  use 

4302 

Tanned  or  dressed  furskins  (including  heads, 
tails,  pawd  and  other  pieces  or  cuttings), 
unassembled,  or  assembled  (without  the  addition  of 
other  materials)  other  than  thoee  of  heading 
Mo  4303 i 
-  Whole  skins,  with  or  without  head,  tail  or  pews, 

not  assembled  : 

4302  19 

-  -  Other i 

4302  19  10 

-  - -  of  beaver 

4302  19  70 

-  -  - Of  wild  felines 

4302  19  90 

-  -  -  other 

4302  20  00 

-  Heads,  tails, pavs  and  ether  pieces  or  cuttings, 

not  assembled 

4302  30 

-  Whole  skins  and  pieces  or  cuttings  thereof, 

assembled  r 

4302  30  10 

-, -  •Dropped1  furskins 
-  -  Other  : 

% 

^— 

1° 

CN CODE 

Z^JL 

DESCRIPTION 

4902  30  33 

-  -  -  Of  beaver 

4302  30  71 

.

.. 

of  wild 

f e l i n es 

4302 30 73 

. ..  other 

4303 

Articles  of apparel, clothing  aoeessoriea  and 
other  articles  of  furskia i 

4303  10 

* Articles  of apparel  and  clothing  accessories i 

4303  10 90 

- - Other 

4303  90 00 

- Other 

1 

Commission of the  European Communities 

COM(89)  198  final 

Proposal for  a 

COUNCIL  REGULATION (EEC) 

on the  importation of  certain furs 

(submitted to the  Council by the  Commission) 

26.4.1989 

Office for  Official  Publications  of the  European  Communities 
L - 2985  Luxembourg 

Series:  DOCUMENTS 

1989 — 10 pp. — Format:  21.0 *  29.7  cm 

EN 

ISSN  0254-1475 

ISBN  92-77-49255-4 

Catalogue  number:  CB-CO-89-169-EN-C 

COM(89)  198  final 

ISSN 0254-1475 

DOCUMENTS 

Proposal for  a 

COUNCIL  REGULATION  (EEC) 

on the  importation  of  certain  furs 

(submitted  to  the  Council  by the  Commission) 

15 

Catalogue number:  CB-CO-89-169-EN-C 

ISBN  92-77-49255-4 

€ 

COMMISSION OF THE EUROPEAN COMMUNITIES 

26.4.1989