Proposal for a Council Decision concerning the signing and conclusion of an International Agreement between the European Community, Canada and the Russian Federation on humane trapping standards
Date: 1997-01-24
Institutions: European Commission
Subjects: hides and furskins industry, hunting regulations, international agreement, technical regulations, wildlife

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

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Brussels,  24.01.1997 
COM(97)  17 final 

97/0019  (CNS) 

Proposal for a Council Decision concerning the signing and conclusion of an 
International Agreement between the European Community, Canada and the 
Russian Federation on humane trapping standards 

(presented  by the  Commission) 

Proposal for a Council Decision concerning the signing and conclusion of an 
International Agreement between the European Community, Canada and the 
Russian Federation on humane trapping standards 

Explanatory Memorandum 

1.  Article  3 of  Council  Regulation  (EEC)  No 3254/91  prohibits  the  introduction  into 
the  Community  of  pelts  and  manufactured  goods  of  certain  wild  animal  species 
unless the country where the pelts originate has prohibited  the use of  leghold  traps 
or uses methods that meet internationally agreed humane trapping standards. 

2.  This  ban  was  supposed  to  have  come  into  effect  on  1  January  1996.  However, 
problems  at the  ISO meant  that  no suitable  international  standard  was  available on 
that  date.  At the Commission's  initiative  a quadrilateral  working  party  comprising 
experts from  the Community, Canada, Russia and the United States had been set up 
in  September  1995  to  speed  the  development  of  standards. 
In  spite  of  genuine 
progress, these standards were not ready in time. 

3.  Towards  the end  of  1995 the Commission  carefully  examined  the  likely  impact of 
the  introduction  on  1  January  1996  of  import  restrictions  on  the  development  of 
humane trapping standards and on the Community's  obligations  under  international 
trade  rules.  It  concluded  that  import  restrictions  should  be  deferred  to  enable  the 
drafting  of standards to continue. 

4. 

In  June  1996  the  Council  authorized  the  Commission  to  negotiate  a  framework 
agreement on humane trapping methods with Canada, the United States, the Russian 
Federation  and any other country interested.  The starting point  for the negotiations 
was the work  accomplished  by the quadrilateral  working party, which  submitted  its 
report on 20 June 1996. 

5.  After  the  fourth  negotiating  meeting,  which  took  place  in  Brussels  on  25  and 
26 November  1996, an agreed text was initialled by Canada and the Community on 
6 December  and by Russia on  17 December.  The text is wholly consistent with the 
negotiating directives. 

6.  The  Agreement's  objectives  are  to  establish  humane  trapping  standards  for  traps 
designed  to  kill  or capture  certain  species  of wild  animals  (and  in  particular  those 
covered  by  Regulation No  3254/91),  to  improve  communications  and  cooperation 
between  the  Parties  for  the  application  and  further  development  of  the  standards, 
and to facilitate trade between the Parties. 

7. 

Its  approval  by all  the  Parties  will  bring  trapping  methods,  in  the Community  and 
elsewhere,  up  to  a  level  adequate  for  the  welfare  of  trapped  animals  and  create 
favourable  and stable conditions for trade between the Parties in traps and pelts. 

Z 

Proposal for a Council Decision concerning the signing and conclusion of an 
International Agreement between the European Community, Canada and the 
Russian Federation on humane trapping standards 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Articles 113 and  100a in conjunction  with the first part of Article 228(3) thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament, 

Having  regard  to  the  Council's  decision  of  June 1996  authorizing  the  Commission  to 
negotiate  an  agreement  on  humane  trapping  standards  with  Canada,  the  Russian 
Federation, the United States of America and any other country interested; 

Whereas  Council Regulation  (EEC) No 3254/91,1  and  in particular  the  second  indent  of 
Article  3(1)  thereof,  refers  to  internationally  agreed  humane  trapping  standards  with 
which  trapping  methods  used  by  third  countries  that  have  not  prohibited  leghold  traps 
must  conform  in  order  for  those  countries  to  be  able  to  export  pelts  and  products 
manufactured from certain species to the Community, 

international  humane 

trapping  standard  had  been  established  on 
Whereas  no 
1 January  1996, whereas this  situation  meant  that  countries  had  no way  of  guaranteeing 
that  the  methods  used  on  their  territory  for  trapping  the  species  listed  in  Annex I  to 
Regulation  (EEC)  No 3254/91  complied  with  internationally  agreed  humane  trapping 
standards; 

Having regard to the proposal for  a Regulation amending Regulation  (EEC) No 3254/91 
transmitted to the Council on 12 January 1996,2 

Whereas  the  Agreement  annexed  to  this  Decision  is  consistent  with  the  negotiating 
directives  referred  to  above; whereas  it  therefore  satisfies  the  concept  of  internationally 
agreed  humane  trapping  standards  referred  to  in  the  second  indent  of  Article 3(1)  of 
Regulation (EEC) No 3254/91; 

Whereas  the  Agreement's  main  purpose  is  to  lay  down  harmonized  technical  standards 
offering  a  sufficient  level  of protection  to  the  welfare  of  trapped  animals and  governing 
both  the production  and use of traps,  and to  facilitate  trade between  the Parties  in traps, 
pelts and products manufactured from species covered by the Agreement; 

Whereas  implementation  of the  Agreement  requires  the  establishment  of  a timetable  for 
testing  and  certifying  the  conformity  of  traps  with  the  standards  laid  down  and  for  the 
replacement of uncertified traps, 

1  OJ No L 308. 9.11.1991, p. 1. 

2  COM(95)737 final. 15.12.1995 

^ 

Whereas  the  Agreement  between  the  European  Community,  Canada  and  the  Russian 
Federation on humane trapping standards should be approved, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  Agreement  between  the European  Community,  Canada  and  the  Russian  Federation 
on humane trapping standards is hereby approved. 

The  text of the Agreement  is annexed  to this Decision  along with  the declarations  to be 
lodged when the Agreement is signed. 

Article 2 

The President of the Council is hereby authorized to appoint the person authorized to sign 
the Agreement. 

Done at Brussels, 

For the Council 

The President 

"i 

INTERNATIONAL AGREEMENT ON HUMANE TRAPPING STANDARDS 

PREAMBLE 

CANADA, 

the EUROPEAN COMMUNITY, 

and 

the RUSSIAN FEDERATION, 

hereinafter  referred  to as "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 the Parties have, in accordance with the Charter of the United Nations and the 
principles  of  international  law,  the  sovereign  right  to exploit  their  own  resources  pursuant  to 
their  own  environmental  and  developmental  policies  and  that  Parties  are  responsible  for 
conserving  their  biological  diversity  and  for  using  their  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 UN 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; 

Recognizing  that the process of  developing international  humane  standards  for  the trapping of 
mammals undertaken by ISO, the International Organization for Standardization, in  1987, is not 
yet complete; 

Acknowledging  that  the  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, 
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 comprised of experts from  Canada, the USA, 
the Russian Federation and the European Community; 

s 

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

and 

Recognizing  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; 

Hereby agree as follows: 

ARTICLE 1 

Definitions 

For the purpose of this Agreement the following definitions apply: 

Traps:  both killing and restraining mechanical capturing devices, as appropriate. 
Trapping  Methods:  refer  to the  traps  and  their  set  conditions  (e.g.  target  species,  positioning, 
lure, bait and natural environmental conditions). 

Humane Trapping  Methods: 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  the  International  Agreement  on  Humane  Trapping  Standards  (the 
"Agreement") are: 

1.  to establish standards on humane trapping methods; 

2.  to  improve  communication  and  cooperation  between  Parties  for  the  implementation  and 

development of these standards; and 

3. 

to facilitate trade between the Parties to the Agreement. 

G 

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  wildlife  management  purposes 
including  pest  control;  obtaining  fur,  skin  or  meat;  and  the  capture  of  mammals  for 
conservation. 

ARTICLE 4 
Obligations under other existing international Agreements 

1.  Nothing in this Agreement affects  the rights and obligations of the Parties that are Members 
of the WTO under the Marrakesh Agreement establishing the World Trade Organization. 

2.  For Parties which are not Members of the WTO, nothing in this agreement affects  the rights 
and obligations under bilateral agreement between the Parties which are listed in Annex II. 

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 : 

1.  The Parties agree to cooperate with one another directly or through competent  international 

organizations, in respect of matters of mutual interest related to this Agreement. 

2.  The  Parties  agree  to 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 

The Parties shall take the necessary steps, in accordance with the schedule in Annex I, to ensure 
that their respective competent authorities: 

1.  establish appropriate processes for certifying traps in accordance with the Standards; 

2.  ensure that the trapping methods conducted in their respective territories  are in accordance 

with the Standards; 

3.  prohibit the use of traps that are not certified  in accordance with the Standards1 ; and 

4.  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,  the  competent  authorities  of  the  Parties  should  use  their  best 
efforts  to ensure that: 

1.  appropriate processes are in place for: 

a) 

b) 

granting or removing permission for the use of traps; 

enforcing legislation on humane trapping methods; 

2.  trappers  are  trained  in  the  humane,  safe  and  effective  use  of  trapping  methods,  including 

new methods as these are developed, and, 

3.  the trap testing guidelines, as set out in the annex I, are taken into account when establishing 

domestic certification  processes. 

ARTICLE 9 
Ongoing development of the Standards 

1.  The Parties agree to promote and encourage research aiming at the ongoing development of 

the Standards. 

2.  The Parties  shall  re-evaluate  and update, the first time 3 years after  the entry  into force of 
this  Agreement,  the  Annex  I,  using  in  particular  the  results  of  the  research  referred  to in 
paragraph 1. 

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 
authorities. 

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 the following purposes: 

a) 

b) 

c) 

d) 

in the interests of public health and safety; 

for the protection of public and private property; 

for  the  purposes  of research,  education,  repopulation,  re-introduction,  breeding  or 
for the protection of fauna and flora; 

for  traditional  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  on  the  progress  of  the 
work  done  concerning  the  evaluation  of  the  traps  carried  out  in  the  application  of  the 
schedule set forth in Annex, on related research and on certified traps. 

2.  The Parties shall  notify  each other of the competent  authorities  that  aie responsible  for the 

implementation of this Agreement. 

ARTICLE 12 
Mutual Recognition 

1.  A  Party  may  authorize  the  use  in  its  territory  of  traps  certified  by  another  Party.  Any 

refusals  must be justified in writing. 

2.  Each Party shall recognize the trapping methods of any other Party as equivalent if the other 

Party's trapping methods meet the Standards. 

T 

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 
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 the customs  territory,  a Party  may request  a certificate  of 
origin, certifying  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.  This 
certificate  will  include  a reference  to  a documentation  of  origin  issued  by  the  competent 
authorities. 

ARTICLE 14 
Joint Management Committee 

1.  The  Parties  establish  a  Joint  Management  Committee  (the  "Committee")  consisting  of 
representatives  of  the  Parties.  The  Committee  may  consider  any  matters  relating  to  this 
Agreement. 

2.  The Committee shall have its first meeting within  12 months of the entry into force  of this 
Agreement,  and will meet periodically thereafter.  The Committee  may also address  issues 
out  of  session  by  correspondence  or  be  convened  at  the  request  of  any  Party.  The 
Committee shall adopt its rules of procedure during its first meeting. 

3.  Decisions  of  the  Committee  shall  be  reached  by  consensus.  The  Committee  may  also 
propose to the Parties amendments to this Agreement  and its annexes, taking  into account 
the relevant recommendations of expert working groups as appropriate. 

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

a) 

b) 

any scientific and technical matters; and 

questions of interpretation  as proposed by the Parties, and recommendations  on the 
resolution of disagreements. 

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  considerations,  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, the Parties shall, on the request 
of the complaining Party, refer the matter to an Arbitration  Body established  pursuant to the 
provisions in 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. 

hi 

ARTICLE 17 
Final Provisions 

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

2.  This  Agreement  enters  into  force  sixty  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.  The  Parties  shall  implement  the  commitments  and 

obligations arising from  this Agreement in accordance with their internal procedures. 

4.  Any  Party  may  at  any  time  propose  amendments  to  this  Agreement.  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 of the Council 
of the European Union, which shall deliver certified copy thereof to each Party. 

IZ 

ANNEX I 

PARTI:  THE STANDARDS 

1. 

AIM,  PRINCIPLES  AND  GENERAL  CONSIDERATIONS  OF  THE 
STANDARDS 

1.1 

AIM 

The aim of the Standards is to ensure a sufficient  level of,  and further  improve the 
welfare of trapped animals 

1.2 

PRINCIPLES 

1.2.1 

1.2.2 

1.2.3 

In the evaluation  of whether or not a trapping  method  is humane, the welfare  of a 
trapped animal must be assessed . 

The principle for deciding which trapping methods are humane is that they meet the 
threshold requirements outlined in sections 2 and 3 of the Standards. 

In setting the Standards, traps should be selective, efficient  and  in compliance with 
the relevant requirements for human safety of each Party. 

1.3 

GENERAL CONSIDERATIONS 

1.3.1 

Welfare  of  animals  is  indicated  by  measures  of  the  extent  of  ease  or  difficulty  in 
coping with the environment and the extent of failure to cope.  Since animals vary in 
the  methods  which  they  use  to  try  to  cope  with  their  environment  a  range  of 
measures should be used when assessing welfare. 

Indicators  of  welfare  of  trapped  animals  include  those  of  physiology,  injury  and 
behaviour.  Since  some  of  those  indicators  have  not  been  studied  for  a  variety of 
species,  further  scientific  studies  will  be  necessary  to  set  thresholds  within  the 
Standards, as appropriate. 

Although welfare  can vary widely, the term humane is used only for those trapping 
methods  where  the  welfare  of  the  animals  concerned  is  maintained  at  a  sufficient 
level, although  it  is acknowledged  that in certain  situations  with  killing  traps  there 
will be a short period of time during which the level of welfare may be poor. 

rs 

1.3.2 

The thresholds established in the Standards for the certification  of traps include: 

* 

* 

for  restraining  traps:  the  level  of  indicators  beyond  which  the  welfare  of 
trapped animals is considered poor; 

for  killing  traps: 
maintenance of this state until death of the animal. 

the  time  to  unconsciousness  and  insensibility  and  the 

1.3.3 

Notwithstanding  that  the  trapping  methods  must  meet  the  threshold  requirements, 
consideration  should be taken to continue improvement of the design and setting of 
traps, in particular: 

to  improve  the  welfare  of  animals  trapped  in  restraining  traps,  during  the 
period of restraint. 

to  produce  rapid  onset  of  unconsciousness  and  insensibility  of  animals 
trapped in killing traps. 

to minimize the capture of non-target animal 

2. 

REQUIREMENTS FOR RESTRAINING TRAPPING METHODS 

2.1 

DEFINITION 

Restraining Trapping Methods:  traps designed and set with the intention not to kill 
the trapped animal but to restrain its movements to such an extent that a human can 
make direct contact with it. 

2.2 

PARAMETERS 

In the evaluation of whether or not a restraining trapping method meets the standards 
the welfare of an animal which is trapped must be assessed. 

The parameters must include indicators of behaviour and injury  listed  in Paragraphs 
2.3.1. and 2.3.2. 

The magnitude of responses for each of those parameters must be assessed. 

'W 

2.3. 

INDICATORS 

2.3.1. 

BEHAVIOURAL INDICATORS 

Behavioural  indicators  recognized  as  an indicator  of  poor  welfare  in  trapped  wild 
animals: 

1. 

2. 

Self directed biting leading to severe injury  (Selfmutilation) 

Excessive immobility and unresponsiveness 

2.3.2. 

INJURY INDICATORS 

Injury recognized as an indicator of poor welfare in trapped wild animals : 

1. Fracture 

2. Joint luxation proximal to the carpus or tarsus 

3. Severance of a tendon or ligament 

4. Major periosteal abrasion 

5. Severe external haemorrhage or haemorrhage into an internal cavity 

6. Major skeletal muscle degeneration 

7. Limb ischemia 

8. Fracture of a permanent  tooth exposing pulp cavity 

9.  Ocular damage including corneal laceration 

10. Spinal cord injury 

11. Severe internal organ damage 

12. Myocardial degeneration 

13. Amputation 

14. Death 

15 

2.4 

THRESHOLD 

A restraining trapping method would meet the Standards if : 

the number of specimens of the same target species from which the data are 
derived is at least 20; 

and at least 80 % of these animals show none of the indicators listed in 
paragraph 2.3.1. and 2.3.2. 

3. 

3.1 

REQUIREMENTS FOR KILLING TRAPPING METHODS 

DEFINITION 

Killing  Trapping  Methods  : traps  designed  and  set  with  the  intention  of  killing  a 
trapped animal of the target species. 

3.2. 

PARAMETERS 

The time of occurrence of unconsciousness and insensibility produced by the killing 
technique must be determined and the maintenance of this state until death must be 
checked (i.e. until heart function has ceased irreversibly). 

Unconsciousness and insensibility must be monitored by checking corneal and 
palpebral reflexes or any other scientifically proven suitable substitute parameter2. 

3.3 

INDICATORS AND TIME LIMITS 

Time  limit  to  loss  of  corneal  Species 
and palpebral  reflexes 
45 seconds 
120 seconds 

300 seconds 

Mustela erminea 
Martes americana 
Martes zibellina 
all  other  species  as  referred  to  in  paragraph 

\±£2 

I 

" In cases where further  tests are necessary to determine if the trapping method meets the 
Standards, additional Electroencephalogram  (EEG), Visual Evoked Responses (VERs), and 
Sound Evoked Responses (SERs) measurements can be made. 

' The Committee will evaluate the time limit at the 3 year review, and when data warrant such 
action to adapt the time limit requirement on species by species basis, with a view to lower the 
300 seconds time limit to 180 seconds, and to define a reasonable timeframe  for implementation 

(G 

THRESHOLD 

A killing trapping method would meet the Standards if : 

the number of specimens of the same target species from which the data are 
derived is at least 12; 

and at least 80 % of these animals are unconscious and insensible within the 
time limit, and remain in this state until death. 

"R 

PART II:  LIST OF SPECIES AND CALENDAR 

4. 

LIST  OF  SPECKS  REFERRED  TO 
IMPLEMENTATION. 

IN  ARTICLE  3  AND  SCHEDULE  FOR 

4.1 

SPECIES LIST 

The Standards apply to the species listed below.  Additional species will be included 
in the future as appropriate. 

Common name: 

Species 

Coyote: 

Wolf: 

Canis latrans 

Canis lupus 

Beaver (North American): 

Castor canadensis 

Beaver (European): 

Castor  fiber 

Bobcat: 

Felis rufus 

Otter (North American): 

Lutra canadensis 

Otter (European): 

Lutra lutra 

Lynx (North American): 

Lynx canadensis 

Lynx (European): 

Lynx lynx 

Marten: 

Fisher: 

Sable: 

Martes americana 

Martes pennanti 

Martes zibellina 

Badger (European): 

Mêles meles 

Ermine: 

Raccoon dog: 

Muskrat: 

Raccoon: 

Mustela erminea 

Nyctereutes procyonoides 

Ondatra zibethicus 

Procyon lotor 

Badger (North American): 

Taxidea taxus 

n 

4.2 

IMPLEMENTATION SCHEDULE 

4.2.1 

As referred to in article 7, the trapping methods must be tested to demonstrate they 
are in accordance with the Standards and as such, certified by the competent 
authorities of the Parties within: 

3 to 5 years after the entry into force of the Agreement for restraining 
trapping methods, depending on the testing priorities and availability of 
testing facilities, and 

5 years after the entry into force of the Agreement for killing trapping 
methods. 

4.2.2 

4.2.3. 

Within three years after the end of  the periods referred to in 4.2.1, the Parties 
prohibit the use of traps that are not certified in accordance with the Standards, 
except for conventional steel-jaw leghold restraining traps to be prohibited within 
four years of the entry into force of this Agreement. 

With the exception of conventional steel-jaw leghold restraining traps, where a 
competent authority determines that the results of trap testing do not support the 
certification  of traps for specific species or under specific environmental conditions, 
a competent authority may continue to permit the use of traps on an interim basis 
while research continues to identify  replacement traps. The competent authority 
shall give prior notification  to the other Parties to the Agreement of the traps to be 
authorized for interim use and the status of the research programme. 

A3 

PART III:  GUIDELINES 

5. 

GUIDELINES FOR THE TESTING OF TRAPS AND RESEARCH ON THE 
ONGOING DEVELOPMENT OF TRAPPING METHODS 

To assure accuracy and reliability, the studies for testing the trapping methods in 
order to demonstrate they fulfil  the standard requirements, should follow  the general 
principles of good experimental practices. 

In the event that testing procedures are established under the framework  of the 
International  Standardization  Organization (ISO) and are relevant for the assessment 
of the conformity  of trapping methods with some or all the requirements of the 
Standards, they shall be used as appropriate. 

5.1 

GENERAL  GUIDELINES 

The tests should be performed  according to comprehensive study protocols. 

In order to test traps, there should be testing of the functioning  of the trap 
mechanism. 

The testing of traps in the field should be carried out in particular for the assessment 
of selectivity. This test can also be used to collect data on capture efficiency  and user 
safety. 

Restraining traps should be tested in a compound, in particular to evaluate 
behavioural and physiological parameters. Killing traps should be tested in a 
compound, in particular to identify  unconsciousness. 

In the field tests, traps should be checked daily. 

The effectiveness  of the killing trap to render the animal unconscious and kill the 
target animal should be tested on conscious, mobile animals, by laboratory or 
compound and field measurements. The ability of the trap to strike the target 
animals at vital locations should be evaluated. 

The order of testing procedures may be varied to ensure the most  effective 
evaluation of the traps to be tested. 

Traps should not expose the operator to undue hazard under normal use. 

If appropriate, a broader range of measures should be checked when testing traps. 
The field testing should include studies of the effects  of trapping on both target and 
non-target species. 

Z 

5.2 

STUDY SITUATION 

The trap should be set and used according to the best advice from manufacturers or 
others on how to do so. 

For compound testing, a compound should be used whicn provide a suitable 
environment for the animals of the target species to move freely, hide and show 
most normal behaviour. It should be possible to set traps and monitor trapped 
animals. The trap should be set so that a video and sound recording can be made of 
the whole trapping episode. 

For field testing, sites should be selected which are representative of those which 
will be used in practice. Since the selectivity of the trap and any possible adverse 
effects  of the trap on non-target species are important reasons for field testing, sites 
for field testing may need to be chosen in different  habitats where different  non-
target species are likely to be encountered. Pictures of each trap and its set and of the 
general environment should be taken. Make the trap identification  number a part of 
the photographic record before and after a strike. 

53 

STUDY PERSONNEL 

The test personnel should be appropriately qualified  and trained. 

Amongst the test personnel there should be at least one person experienced in the 
use of the  traps, and capable of trapping the animals used in the test and at least one 
person experienced in each of the methods of welfare assessment for restraining 
traps and in methods of assessing unconsciousness for killing traps. For example, 
the assessment of behaviour responses to trapping and of aversiveness should 
notably be done by a trained person who is familiar with the interpretation of such 
data. 

5.4 

ANIMALS 

Compound test animals should be in good health and representative of those which 
are likely to be caught in the wild.  The animals used should not have prior trapping 
experience of the trap being tested. 

Prior to testing, animals should be housed in appropriate conditions and provided 
with adequate food and water.  Animals should not be housed in a manner which 
might in itself result in poor welfare. 

Animals should be acclimatised to the testing compound prior to the start of the test. 

2  I 

5.5 

OBSERVATIONS 

Behaviour 

Behavioural observations should be made by a trained person, particularly in 
reference to the knowledge of the ethology of the species. 

Aversiveness can be assessed by trapping the animal in a readily recognized 
situation, then re-exposing the animal to the trap in the appropriate situation and 
evaluating its behaviour. 

Care should be taken to distinguish responses to additional stimuli from responses to 
the trap or the situation. 

Physiology 

Some animals should be fitted with telemetric recorders (heart rate, respiratory rate, 
etc.) before testing. Such fitting should occur long enough before trapping for the 
animal to recover from any disturbance caused by fitting the recorder. 

All precautions should be taken to limit inadequate or biased observations and 
parameters, notably due to human interference when sampling. 

When biological sampling is performed  (blood, urine, saliva...), it should be done at 
relevant times regarding the trapping event and the time dependence considerations 
of the parameter being evaluated. Control data from animals kept elsewhere in good 
conditions and for different  activities, and baseline data before the trapping event 
occur, as well as some reference data after extreme stimulations (for example a 
challenge test with adrenocorticotrophic hormone) should be also collected. 

All biological samples should be taken and stored according to the best knowledge 
to assure conservation before analysis. 

Analytical methods used should be validated. 

For killing traps, when neurological examinations using reflexes (pain, eyes, etc.) 
are performed  in combination with the measurement of an EEG and/or VER's or 
SER's, they should be done by an expert, to provide relevant information  concerning 
the consciousness of the animal or the effectiveness  of the killing technique. 

When the animals are not unconscious and insensible within the time described in 
the test protocol they should be killed in a humane way. 

?£ 

Injuries and pathology 

Each test animal should be carefully examined so as to assess any injury. 
Radiographic examination should be conducted to confirm possible fractures. 

Further detailed pathological examination of dead animals should be carried out. 
Post mortem examination should be performed in accordance with accepted 
veterinary examination practices by an experienced veterinarian. 

The affected  organs or/and regions should be examined macroscopically, and 
histologically if appropriate. 

5.6 

REPORT 

The study report should contain all relevant information  about the experimental 
design, material and methods, and results, in particular : 

the technical description of the trap design including construction material 
manufacturers' instructions for use 
the description of the test situation 
weather conditions, in particular temperature and snow depth 
the test personnel 
the number of animals and traps tested 
the total number of captured target and non-target animals of each species, 
and their relative abundance expressed as rare, common or abundant in that 
area 
selectivity 
details of any evidence that the trap fired and injured an animal which was 
not caught 
behavioural observations 
values of each physiological parameters measured and methodologies 
description of injuries and post mortem examinations 
time to loss of consciousness and sensibility 
statistical analyses 

L 

PART IV:  RESEARCH 

6. 

RESEARCH PROGRAMMES TO IMPROVE THE SCOPE OF THE 
STANDARD 

An appropriate range of measures of the welfare of animals which are trapped must 
be assessed when testing trapping systems. While such measures, in particular 
additional behavioural and physiological measures have not been developed and 
used for a variety of species, their use in the Standards for the species under 
consideration will have to be verified by scientific studies carried out to determine 
baseline levels, ranges of response, and other relevant measures. 

Objectives 

The research carried out by the Parties according to article 9, shall in particular be 
aimed to establish the baselines and reference data necessary to set thresholds for 
additional parameters, or to evaluate the relevance of other welfare  measurement, 
not included in the present scope of sections 2.3 of the standard(s) including a 
number of behavioural and physiological  indicators. 

Species specific research programmes 

In order to improve scientific knowledge in the field of the evaluation of the welfare 
of animals when trapped, each Party shall promote further research for the species 
listed in the following table. The Parties shall also have completed the research 
programmes under their responsibilities in the defined timeframe  after the entry into 
force of the Agreement. 

Species 

Party responsible 

Ondatra zibethicus 

Procyon lotor 
Martes zibellina 

European 
Community 
Canada 
Russia 

Timeliness post entry into force of 
the Agreement 
3 years 

3 years 
3 years 

J 

Particular measurements to be studied 

The parameters to be studied must include in particular: 

behavioural responses after trapping, including vocalizations, extreme panic, 
delay before return to normal behaviour after release from trap and 
aversiveness. In aversiveness testing, the extent of avoidance or resistance to 
close approach to the previously experienced trapping situation must be 
evaluated. 

lu 

physiological  parameters including heart rate and arrhythmia, and 
biochemical parameters (blood, urine or saliva measures) as appropriate for 
the species including glucocorticoid concentrations, prolactin concentrations, 
creatine kinase activity, lactate dehydrogenase (and possibly iso-enzyme 5) 
and Beta Endorphin levels (if assays exists); 

The magnitude of response of the physiological parameters will refer to basal 
and extreme levels and time dependency. 

Basal level means the quantity, concentration or rate for that physiological 
variable when the individual is not disturbed by the environmental 
conditions. 

For physiological variables which change over periods of a few seconds or 
minutes, this basal level should refer to a particular activity, for example 
lying, standing, walking or running and jumping. Extreme level means close 
to the maximum or minimum level for such animals. The physiological 
responses referred to below are likely to be shown by all mammals, but exact 
basal and extreme levels and the pattern of change between these have to be 
determined for each species tested. 

The aspects of measures of physiological responses which are of interests to 
indicate poor welfare are whether the measured level is far from the normal 
level and whether the duration of that altered level is significant. 

Monitoring of the research programmes 

The Committee shall  monitor and coordinate the research carried out by the 
responsible Parties. 

ANNEX II 

1)  Interim  Agreement  on  trade  and  trade-related  matters between  the European  Community, 
the European Coal and Steel Community and the European Atomic Energy Community, of 
the  one  part,  and  the  Russian  Federation,  of  the  other  part,  done  at  Brussels  on  the 
17.07.1995, entered into force on 1.2.96 

2)  Partnership  and  Cooperation  Agreement  between  the  European  Communities  and  their 
Member States, of the one part, and the Russian Federation, of the other part, done at Corfu 
on 24.06.1994. 

3)  Agreement on trade and commercial relations between the Russian Federation and Canada, 

entered into force on 29.12.1992 

<îe 

ANNEX III 

THE ARBITRATION BODY 

Article I 

The  complaining  Party  shall  notify  the  Committee  that  it  wishes  to  refer  the  dispute  to 
arbitration  pursuant  to  Article 15 of  the Agreement.  The notification  must  include  the  subject 
matter  of  arbitration  and,  in  particular,  the  provisions  of  the  Agreement  the  interpretation  or 
application of which are at issue. 

1. 

The Arbitration Body will consist of three members. 

Article 2 

In disputes between two Parties, each of the disputing Parties shall appoint an arbitrator. 
2. 
In  disputes  between  more  than  two  Parties,  Parties  with  the  same  interest  shall  appoint  one 
arbitrator jointly by agreement. In either case, the two arbitrators so appointed shall designate by 
common agreement a third arbitrator as President of the Arbitration Body. 

3. 

The President of the Arbitration Body must not: 

i) 

ii) 

be a national of the disputing Parties to the dispute; 

be affiliated  with the disputing Parties; and 

iii) 

have dealt with the case in any other capacity. 

4.  Any vacancy on the Arbitration  Body must be filled in the matter prescribed  for the initial 
appointment. 

Article 3 

If,  within  60  days  of  the  appointment  of  the  arbitrators  by  the  Parties,  the  President  of  the 
Arbitration  Body  has  not  been  designated,  any  Party  may  request  the  President  of  the 
International Court of justice to appoint it. 

Article 4 

1. 
of the Agreement,  international law and standard terms of reference as follows: 

The Arbitration Body shall make its ruling strictly in accordance with the provisions 

"To determine,  in  the light  of  the  facts  and  the  relevant  provisions  of  the 
agreement  (specify  here  the  relevant  provisions),  whether  a  Party  is  in 
compliance with its obligations under the Agreement, and to issue a ruling to 
that  effect" 

2.  The Arbitration Body must satisfy itself that the claim is well founded in fact and iaw. 

?  1 

Article  5 

1.  Unless  the  Parties  to  the  dispute  otherwise  agree, the  Arbitration  Body  shall  determine  its 

own rules of  procedure. 

2.  The rules of procedure of the Arbitration  Body must in any event be in accordance  with  this 
Annex,  the  scope  of  the  Arbitration  Body's  authority  to  issue  rulings  and  the  principles  of 
procedural  fairness  in international  law and practice. 

Article  6 

The  disputing  Parties  shall  facilitate  the  work  of  the  Arbitration  Body  and,  in  particular,  using 
all means  at their disposal, shall: 

i) 

Provide  it  with  all  relevant  documents,  information  and  facilities,  subject  only  to 
domestic  legal and administrative requirements; and 

ii) 

Enable  it, when  necessary, to call witnesses or exports and receive their evidence. 

Article  7 

The Parties and the arbitrators  shall protect the confidentiality  of any information  they receive  in 
confidence  during the arbitration  proceedings. 

Article  8 

The  Parties  shall  bear  the costs  of  the  arbitration  proceedings,  including  the  aibitrators'  honoria 
and costs of travel, translation  and  secretarial  services, and other related costs, in equal  shares. 

Article  9 

The  Arbitration  Body  may  hear  and  determine  counterclaims  arising  directly  out  of  the  subject 
matter of the dispute. 

Article  10 

The  tribunal  shall  make  its  rulings  both  on  procedure  and  substance  of  the  case  by  a  majority 
vote of the arbitrators. Vote cast shall not be  disclosed. 

^C 

Article  II 

1.  The Arbitration Body shall  issue its ruling no later than  180 days after the date on which it 

is fully constituted. 

2.  Subject  to the consent  of  the disputing  Parties, the Arbitration  Body  may  on  a  unanimous 

vote delay the issuance of its ruling. 

Article  12 

1.  The  ruling  of  the  tribunal  must  be  accompanied  by  a  written  statement  setting  out  the 

reasons on which its findings are based. 

2.  A  dispute  concerning  the  interpretation  or manner  of  implementation  of  the  ruling  of  the 

Panel may be submitted by either Party to the Arbitration Body that issued the ruling. 

The rulings of the tribunal will be final and will not be subject to appeal. 

Article  13 

^ 

JOINT DECLARATION  OF THE RUSSIAN  FEDERATION  AND THE  EUROPEAN 
COMMUNITY TO ARTICLE 10 PARAGRAPH  1 POINT D 

In order to further  the objectives  of this Agreement, the Russian Federation  and the European 
Community  shall  hold  consultations  concerning  the  derogations  provided  for  in  article  10, 
paragraph  1, point d. 

j 
2r 

UNILATERAL  DECLARATION  BY  THE  EUROPEAN  COMMUNITY  TO  BE 
ANNEXED TO THE AGREEMENT 

The  European  Community  understands  that  the  signature  of  the  International  Agreement  on 
humane  trapping  standard  is  an  important  and  substantial  step  forward  in  the  direction  of 
ensuring a sufficient  level of welfare for trapped animals. 

The  EC  confirms  therefore  that  it  will  not  take  any  measure  implementing  EC  Council 
Regulation  3254/91  during  the  time  reasonably  needed  to  the  other  Parties  to  ratify  this 
Agreement  and,  after  ratification,  as  long  as  this  Agreement  remains  in  force  and  is  applied 
according to its provisions. 

3 >) 

JOINT DECLARATION  BY THE EUROPEAN  COMMUNITY  AND THE  RUSSIAN 
FEDERATION  CONCERNING ARTICLE 4, PARAGRAPH 2, AND ARTICLE 15 

The European Community and the Russian Federation agree that the provisions under article 15 
of  this  Agreement  take  precedence  on  the  corresponding  provisions  under  the  Interim 
Agreement on trade and trade-related matters between the European Community, the European 
Coal and Steel Community  and the European Atomic Energy Community, of the one part, and 
the Russian Federation, of the other part, done at Brussels on the  17.07.1995, entered into force 
and  the  Partnership  and  Cooperation  Agreement 
on  01.02.96  (the"Interim  Agreement") 
between  the European  Communities and their Member States, of the one part, and the Russian 
Federation, of the other part, done at Corfu  on 24.06.1994 (the "PCA"). 

The  European  Community  and  the  Russian  Federation  will  review  the  situation  in  case  any 
implementing  measures  are  taken  under  article  27.4  of  the  Interim  Agreement  and/or  under 
article  101 of the PCA. 

-

i< 

ISSN 0254-1475 

COM(97)  17  final 

DOCUMENTS 

EN 

11  03  02  06 

Catalogue number  :  CB-CO-97-011-EN-C 

ISBN 92-78-15031-2 

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