Amended proposal for a Council Decision concerning the signing and conclusion of an Agreement on international humane trapping standards between the European Community, Canada, and the Russian Federation
Date: 1997-05-29
Institutions: European Commission
Subjects: Canada, Russia, hunting regulations, international standard, protection of animals

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.05.1997 
COM(97)251  final 
97/0019(CNS) 

Amended proposal for a 

COUNCIL DECISION 

concerning the signing and conclusion 

of an Agreement on International Humane Trapping Standards between the 
European Community, Canada, and the Russian Federation. 

(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

Amended 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. 

2. 

3. 

A 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 was laid before the Council on 
27 January. This agreement complied with the negotiating directives the Council 
adopted in June 1996. 

On 24 February the Council adopted conclusions calling on the Commission to do 
what it could to recontact Canada and the Russian Federation and obtain certain 
amendments in line with specific recommendations and suggestions put forward by 
the Council. 

An amended agreement was initialled on 21 May by the Commission and Canada, 
and on 2 June by the Russian Federation. The text, which is annexed to this 
amended proposal for a Decision, complies with the negotiating directives adopted 
by the Council in June 1996 and is in line with the additional suggestions it put 
forward on 24 February. 

•U 

Modified proposal for a Council Decision concerning the signing and 
conclusion of an Agreement between the European Community, Canada and 
the Russian Federation on international 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,*-

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; 

1  OJNoL308.  9.11.1991. p. 1. 

2  COM(95)737 final.  15.12.1995. 

H 

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, 

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 

/It 

AGREEMENT ON  INTERNATIONAL 
HUMANE TRAPPING  STANDARDS 

The European Community, 

The Government of Canada, 

and 

The Government of the Russian Federation, 

parties to this Agreement (the "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  each  Party  has,  in  accordance  with  the  Charter  of  the  United  Nations  and  the 
principles  of international  law, the sovereign right to exploit  its own resources pursuant  to its own 
environmental  and  developmental  policies  and  that  each  Party  is  responsible  for  conserving 
its 
biological diversity and for using its 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 a primary 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 of 
America,  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  composed  of  experts  from  Canada,  the  United 
States of America^ the Russian Federation and the European Community; 

.1 & 

Appreciating  that,  despite  the  absence  of  international  humane  trapping  standards,  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; 

Agree as follows: 

ARTICLE 1 
Definitions 

For the purpose of this Agreement: 

"Traps" means both killing and restraining mechanical capturing devices, as appropriate. 

"Trapping Methods" means  traps and their setting conditions  (e.g. target  species, positioning, lure, 
bait and natural environmental conditions). 

"Humane  Trapping  Methods"  means  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 this Agreement are to: 

a) 
b) 

establish standards on humane trapping methods; 
improve  communication  and  cooperation  between 
implementation  and development of these standards; and 

the  Parties  for 

the 

c) 

facilitate  trade between the Parties. 

_  i. 

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: 

a) 

b) 

c) 

wildlife management purposes including pest control; 

obtaining fur, skin or meat; and 

the capture of mammals for conservation. 

ARTICLE  4 
Obligations under other international agreements 

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

For Parties  that  are not  Members  of the  WTO, nothing  in this  Agreement  affects  their 
rights and obligations under bilateral agreements listed in Annex II between the Parties. 

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, the Parties agree to: 

a) 

b) 

cooperate  with  one  another,  directly  or  through  competent 
international 
organizations, in respect of matters of mutual interest related to this  Agreement; 
and 

develop  and  enhance  multilateral  cooperation  in  the  field  of  humane  trapping 
methods on the basis of mutual benefits  and the desire to facilitate trade. 

- 3-

ARTICLE  7 
Commitment of the Parties 

Each Party shall take the necessary steps, in accordance with the schedule in Annex I, to ensure that 
its respective competent authorities: 

a) 

b) 

c) 

d) 

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

ensure  that the trapping  methods conducted  in their respective  territories  are in 
accordance with the Standards; 

prohibit the use of traps that are not certified  in accordance with the Standards;1 
and 

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, each competent authority of the Parties should use its best efforts  to 
ensure that: 

a) 

appropriate processes are in place for : 

i) 

ii) 

granting or removing permission for the use of traps, and 

enforcing  legislation on humane trapping methods; 

b) 

c) 

trappers  are trained  in the humane,  safe  and effective  use of  trapping  methods, 
including new methods as these are developed; and 

the  trap  testing  guidelines  as  set  out  in  Annex  I  are  taken  into  account  when 
establishing domestic certification  processes. 

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 authority. 

-4 

ARTICLE 9 
Ongoing development of the Standards 

The Parties shall: 

a) 

b) 

promote  and  encourage  research  aimed  at  the  ongoing  development  of  the 
Standards; and 

re-evaluate and update Annex I, the first time 3 years after the entry into force of 
this  Agreement,  using  in  particular  the  results  of  the  research  referred  to  in 
subparagraph (a). 

ARTICLE 10 
Derogations 

1. 

2. 

3. 

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 any of the  following 
purposes: 

a) 

b) 

c) 

d) 

the interests of public health and safety; 

protection of public and private property; 

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

using  traditional  wooden  traps  essential  for  preserving  cultural  heritage  of 
indigenous communities. 

Derogations  granted  under  paragraph  1 must  be  accompanied  by  written  reasons  and 
conditions. 

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. 

-5 

1. 

2. 

1. 

2. 

1. 

2. 

ARTICLE 11 
Notification and Exchange of information 

The  Parties  shall  regularly  exchange  information  on  all  matters  related  to  tfaeir 
implementauon 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 I, on related research and on certified traps. 

The Parties shall notify  each  other of the competent  authorities that  are responsible  for 
the implementation of this Agreement. 

ARTICLE 12 
Mutual Recognition 

A Party may  authorize  the  use  in  its territory  of  traps certified  by  another Party. Any 
refusal  must be justified  in writing. 

Each Party shall recognize the trapping methods  of any other Party  as equivalent  if the 
other Party's trapping methods meet the Standards. 

ARTICLE 13 
Trade in fur and fur products between the Parties 

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 (CITES), done at Washington on 3 March  1973, no Party may impose 
trade restrictive measures on fur and fur products originating from  any other Party. 

At the point of importation into its customs territory, a Party may request a certificate of 
origin that: 

a) 

b) 

certifies 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; and 

includes  a  reference  to  a  documentation  of  origin  issued  by  the  competent 
authorities. 

6-

1. 

2. 

3. 

4. 

5. 

1. 

ARTICLE 14 
Joint Management Committee 

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

The  Committee  shall  meet  within  12 months  after  the  date  of  entry  into  force  of  this 
Agreement.  The  Committee  shall .meet periodically  thereafter  or at the request  of  any 
Party.  The Committee may also address issues between its meetings by correspondence. 
The Committee shall adopt its rules of procedure at its first  meeting. 

Decisions of the Committee shall be reached by consensus. 

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

a) 

b) 

c) 

any scientific  and technical matters; 

questions of interpretation  as proposed by the Parties; and 

recommendations on the resolution of disagreements. 

The  Committee  may propose to the Parties  amendments to this Agreement,  taking  into 
account, as appropriate, the relevant recommendations of expert working groups. 

ARTICLE 15 
Settlement of disputes 

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  consideration,  may  establish,  if  appropriate,  an  ad hoc 
scientific  and/or  technical  working  group  in  accordance  with  Article  14.4  of  this 
Agreement. 

7-

2. 

3. 

4. 

5. 

If the Committee  fails  to resolve the dispute  within  ninety  (90)  days, on the request of 
the complaining Party an Arbitration Body shall be established pursuant to Annex HL 

The  Arbitration  Body  may  issue  rulings  in  respect  of  any  dispute  concerning  the 
interpretation  and application by the Party complained against of the Agreement. 

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. 

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. 

1. 

2. 

3. 

4. 

5. 

ARTICLE 17 
Final Provisions 

The Annexes are an integral part of this Agreement. 

This Agreement enters into force  sixty (60) days following  the date of the deposit  of the 
last  instrument  of ratification,  conclusion  or adoption, according  to the rules  applicable 
for each Party. 

This Agreement is not self-executing.  Each Party shall implement the commitments and 
obligations arising from this Agreement in accordance with its internal procedures. 

Amendments  to this Agreement  may be proposed by the Committee, or by any Party at 
any time. 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. 

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. 

This Agreement is drawn up in the Danish, German, English, Finnish, French, Dutch, 
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 a certified copy thereof to each 
Party. 

9-

ANNEXES TO THE AGREEMENT 
ON INTERNATIONAL HUMANE TRAPPING  STANDARDS 

ANNEX I 
PARTI  : THE STANDARDS 

1. 

AIMS,  PRINCIPLES  AND  GENERAL  CONSIDERATIONS  OF  THE 
STANDARDS 

1.1. 

AIMS 

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

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  that  a  trapping  method  is  humane  is  that  it  meets  the 
threshold requirements set out in sections 2 and 3. 

It  is  assumed  in  setting  the  Standards  that  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  their 
coping  with  the environment  and the extent  of  failure  to cope with their  environment. 
Since animals vary in the methods that they use to try to cope with their environment, a 
range of measures should be used when assessing their welfare. 

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

10-

1.3.2. 

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

a) 

b) 

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

for  killing  traps:  the  time  to  unconsciousness  and  insensibility  and  the 
maintenance of this state until death of the animal. 

1.3.3. s 

Notwithstanding  that the trapping  methods  must  meet the requirements  of  sections  2.4 
and 3.4, consideration  should be given to continuing the improvement of the design and 
setting of traps, in particular to: 

a) 

b) 

improving  the  welfare  of  animals  trapped  in restraining  traps during  the  period 
of restraint; 

producing rapid onset of unconsciousness and insensibility of animals trapped in 
killing traps; and 

c) 

minimizing the capture of non-target animals. 

2. 

REQUIREMENTS FOR RESTRAINING TRAPPING METHODS 

2.1. 

DEFINITION 

"Restraining Trapping Methods" means traps designed  and set with the intention  of not killing the 
trapped  animal,  but  restraining  its  movements  to  such  an  extent  that  a  human  can  make  direct 
contact with it. 

2.2. 

PARAMETERS 

2.2.1. 

2.2.2. 

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

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

2.2.3. 

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

11 -

2.3. 

INDICATORS 

2.3.1. 

Behavioral  indicators recognized  as indicators  of poor welfare  in  trapped  wild  animals 
are: 

a) 

b) 

self-directed  biting leading to severe injury  (self-mutilation); 

excessive immobility and unresponsiveness. 

2.3.2. 

Injuries recognized as indicators of poor welfare in trapped wild animals are: 

a) 
b) 
c) 
d) 
e) 
f) 
g) 
h) 
i) 
j) 
k) 
1) 
m) 
n) 

fracture; 
joint luxation proximal to the carpus or tarsus; 
severance of a tendon or ligament; 
major periosteal abrasion; 
severe external haemorrhage or haemorrhage into an internal cavity; 
major skeletal muscle degeneration; 
limb ischemia; 
fracture  of a permanent tooth exposing pulp cavity; 
ocular damage including corneal laceration; 
spinal cord injury; 
severe internal organ damage; 
myocardial degeneration; 
amputation; 
death. 

2.4. 

THRESHOLDS 

A restraining trapping method would meet the Standards if : 

a) 

b) 

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

at  least  80  per  cent  of  these  animals  show  none  of  the  indicators  listed  in 
paragraphs 2.3.1 and 2.3.2. 

3. 

REQUIREMENTS FOR KILLING TRAPPING  METHODS 

3.1. 

DEFINITION 

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

12 

3.2. 

PARAMETERS 

3.2.1. 

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). 

3.2.2. 

Unconsciousness and insensibility must be monitored by checking corneal and palpebral 
reflexes  or any other scientifically  proven suitable substitute parameter.2 

3.3. 

INDICATORS AND TIME  LIMITS 

Time limit to loss of 
corneal and  palpebral 
reflexes 

Species 

45 seconds 
120 seconds 

300 seconds" 

Mustela erminea 
Martes americana 
Martes zibellina 
Martes martes 
all other species set out in paragraph 4.1 

• • —• 

— 

" 

• '• 

"• 

•!•. — •— 

• • —• 

. i n — — . , , ,1 

1....I 

II 

. . . — i i—  — —— 

i 

M 

• — ^

^ — — —— 

• — — —— 

limn 

.

i —J 

3.4. 

THRESHOLDS 

A killing trapping method would meet the Standards  if: 

a) 

b) 

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

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

In  cases  where  further  tests  are  necessary  to  determine  if  the  trapping  method  meets  the  standards, 
additional  electro-encephalogram  (EEG),  visual  evoked  response  (VER)  and  sound  evoked  response 
(SER)  measurements may be made. 
The Committee  will evaluate the time limit at the three-year review referred  to in Article 9(b). where data 
warrants  such  action,  to  adapt  the  time  limit  requirement  on  a  species-by-species  basis,  with  a  view  to 
lowering  the  300  second  time  limit  to  180  seconds,  and  to  define  a  reasonable  time-frame  for 
implementation. 

-  13-

PART II: LIST OF SPECIES AND IMPLEMENTATION  SCHEDULE 

4. 

LIST  OF  SPECIES  REFERRED  TO  IN  ARTICLE  3  OF  THE  AGREEMENT 
AND THE IMPLEMENTATION  SCHEDULE 

4.1. 

SPECIES LIST 

The Standards apply to the following species: 

Common name : 
Coyote 
Wolf 
Beaver (North American) 
Beaver (European) 
Bobcat 
Otter (North American) 
Otter (European) 
Lynx (North American) 
Lynx (European) 
Marten 
Fisher 
Sable 
Pine marten 
Badger (European) 
Ermine 
Raccoon dog 
Muskrat 
Raccoon 
Badger (North American) 

Species 
Canis latrans 
Canis lupus 
Castor canadensis 
Castor fiber 
Felis rufus 
Lutra canadensis 
Lutra  lutra 
Lynx canadensis 
Lynx lynx 
Martes americana 
Martes pennanti 
Martes zibellina 
Martes martes 
Mêles mêles 
Miistela erminea 
Nyctereutes procyonoides 
Ondatra zibethicus 
Procyon lot or 
Taxidea taxas 

Additional species will be included in the future  as appropriate. 

14 

4.2. 

IMPLEMENTATION  SCHEDULE 

4.2.1. 

As  referred  to  in  Article  7  of  the  Agreement  trapping  methods  must  be  tested  to 
demonstrate  their  conformity  with  these  Standards,  and  certified  as  such  by  the 
competent authorities of the Parties, within: 

a) 

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

b) 

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

4.2.2. 

4.2.3. 

In  accordance  with  Article  7 of  the Agreement,  within  three  years  after  the  end  of  the 
periods referred  to in 4.2.1 the use of traps that are not certified  in accordance with these 
Standards must be prohibited by the respective competent authorities of the Parties. 

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. 

-  15 

PART III : GUIDELINES 

5. 

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

To ensure accuracy and reliability, and to demonstrate that trapping methods fulfil  the requirements 
set  out  in  the  Standards,  studies  for  testing  those  trapping  methods  should  follow  the  general 
principles of good experimental practices. 

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

5.1. 

GENERAL  GUIDELINES 

5.1.1. 

Tests should be performed  according to comprehensive study protocols. 

5.1.2. 

The functioning  of the trap mechanism should be tested. 

5.1.3. 

5.1.4. 

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

5.1.5. 

In field tests, traps should be checked daily. 

5.1.6. 

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

5.1.7. 

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

5.1.8. 

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

16-

5.1.9. 

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

5.2. 

STUDY SITUATION 

5.2.1. 

5.2.2. 

5.2.3. 

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 that provides 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  video  and  sound  recording  can  be  made  of  the  whole  trapping 
episode. 

For  field  testing,  sites  should  be  selected  that  are  representative  of  those  that  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.  The  trap  identification  number  should  be  made  a  part  of  the 
photographic record before  and after a strike. 

5.3. 

STUDY PERSONNEL 

5.3.1. 

Test personnel should be appropriately qualified  and trained. 

5.3.2. 

Among 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 
behavioral  responses  to trapping  and  of  aversiveness  should  be  done  in  particular  by a 
trained person who is familiar with the interpretation of such data. 

5.4. 

ANIMALS TO BE USED IN TRAP TESTING 

5.4.1. 

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

17-

5.4.2. 

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

5.4.3. 

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

5.5. 

OBSERVATIONS 

5.5.1. 

Behaviour 

5.5.1.1. 

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

5.5.1.2.  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. 

5.5.1.3. 

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

5.5.2. 

Physiology 

5.5.2.1. 

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

5.5.2.2.  All  precautions  should  be  taken  to  limit  inadequate  or  biased  observations  and 

parameters, especially those due to human interference  when sampling. 

5.5.2.3.  When biological  sampling (e.g., of blood, urine, saliva) is performed,  it should be done 
at  times  relevant  to  the  trapping  event  and  the  time-dependent  considerations  of  the 
parameter being evaluated. Control data from  animals kept elsewhere in good condition 
and  for  different  activities,  baseline  data  before  the  trapping  event  occurs,  and  some 
reference 
test  with 
stimulations 
adrenocorticotrophic  hormone) should also be collected. 

challenge 

extreme 

(e.g., 

after 

data 

a 

5.5.2.4.  All  biological  samples  should  be  taken  and  stored  according  to  the  best  knowledge  to 

ensure conservation before analysis. 

5.5.2.5.  Analytical  methods used should be validated. 

5.5.2.6. 

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

5.5.2.7.  When  the animals  are not unconscious  and  insensible  within  the time  described  in  the 

test protocol, they should be killed in a humane way. 

5.5.3. 

Injuries and pathology 

5.5.3.1. 

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

5.5.3.2. 

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. 

5.5.3.3. 

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

5.6. 

REPORT 

5.6.1. 

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

a) 
b) 
c) 
d) 
e) 
f) 
g) 

h) 
i) 

j) 
k) 
1) 
m) 
n) 

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 was activated and injured  an animal that was 
not caught; 
behavioral observations; 
values of each physiological parameters measured and methodologies; 
description of injuries and post mortem examinations; 
time to loss of consciousness and sensibility; and 
statistical analyses. 

19 

PART IV: RESEARCH 

6. 

RESEARCH PROGRAMMES TO IMPROVE THE SCOPE OF THE 
STANDARDS 

An  appropriate  range  of  measures  of  the  welfare  of  animals  that  are  trapped  must  be  assessed 
when  testing  trapping  systems.  While  such  measures,  in  particular  additional  behavioral  and 
physiological  measures,  have  not  been  developed  and  used  for  a variety  of  species, their  use  in 
these 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. 

6.1. 

OBJECTIVES 

The research  promoted  and encouraged  by the Parties pursuant  to Article 9 must  in particular  be 
aimed  at  the  establishment  of  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  section  2.3  of  these  Standards,  including  a  number  of  behavioral  and 
physiological indicators. 

6.2. 

SPECIES-SPECIFIC  RESEARCH  PROGRAMMES 

To  improve  scientific  knowledge  in  the  field  of  evaluation  of  the  welfare  of  trapped  animals, 
each  Party  shall  promote  further  research  for  the  species  listed  in  the  following  table  and  to  be 
completed within the defined  timeframe  following  the entry into force of the Agreement. 

Species 

Party  responsible 

Time-frame 

Ondatra zibethicus 

Procyon lotor 
Martes zibellina 

European 
Community 
Canada 
Russia 

3 years 

3 years 
3 years 

- 2 0-

6.3. 

PARTICULAR MEASUREMENTS TO BE STUDIED 

6.3.1. 

The parameters to be studied must, in particular, include: 

a) 

b) 

behavioral  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; and 

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); 

6.3.2. 

6.3.3. 

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  animal  is  not disturbed  by  the  environmental  conditions.  For  physiological 
variables  that 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  above  are  likely  to  be  shown  by  all 
mammals, but exact basal  and extreme  levels  and the pattern  of change between  these 
must be determined for each species tested. 

6.3.4. 

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

6.4. 

MONITORING OF THE RESEARCH PROGRAMMES 

The Committee  shall monitor and coordinate the research promoted  and encouraged  by the Parties 
pursuant to Article 9. 

-21  -

ANNEX II 

1. 

2. 

3. 

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. 

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 24.06.94. 

Agreement  on Trade  and Commercial  Relations  between  the  Russian  Federation  and 
Canada, entered into force on 29.12.92. 

2 2-

ANNEX  III 
THE ARBITRATION BODY 

Section 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. 

2. 

Section 2 

The Arbitration Body shall comprise three members. 

In disputes between two Parties, each of the disputing Parties shall appoint an arbitrator. 
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 
appoint by common agreement a third arbitrator as President of the Arbitration Body. 

3. 

The President of the Arbitration Body must not: 

a) 
b) 
c) 

be a national of the disputing Parties to the dispute; 
be affiliated  wiuYthe disputing Parties; or 
have dealt with the dispute in any other capacity. 

4. 

Any  vacancy  on  the  Arbitration  Body  must  be  filled  in  the  manner  prescribed  for  an 
initial  appointment. 

Section 3 

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

- 2 3-

Section 4 

1. 

The Arbitration  Body shall make its ruling strictly in accordance with the provisions of 
the Agreement, international law, and standard terms of reference as follows: 

"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 law. 

Section 5 

1. 

2. 

Unless the Parties to the dispute otherwise agree, the Arbitration  Body shall  determine 
its own rules of procedure. 

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. 

Section 6 

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

a) 

b) 

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

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

Section 7 

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

Section 8 

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

24-

Section 9 

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

Section 10 

The Arbitration Body shall make its rulings both on the procedure and the substance of the dispute 
by a majority vote of the arbitrators.  Votes cast shall not be disclosed. 

Section 11 

1. 

2. 

1. 

2. 

The Arbitration Body shall issue its ruling no later than 180 days after the date on which 
the President is appointed. 

The Arbitration Body may, on a unanimous vote, delay the issuance of its ruling, if the 
disputing Parties agree. 

Section  12 

The determination and ruling of the Arbitration Body must be accompanied by a written 
statement setting out the findings and reasons on which they are based. 

implementation  of  the 
A  dispute  concerning  the  interpretation  or  manner  of 
determination and ruling of the Arbitration Body may be submitted by either disputing 
Party to the Arbitration Body that issued the ruling. 

Section  13 

A determination  and ruling of  the Arbitration Body is final,  binding on the disputing  Parties, and 
may not be appealed. 

- 2 5-

ANNEX IV: 
DECLARATIONS OF THE PARTIES 

-26-

DECLARATION  BY  THE  RUSSIAN  FEDERATION  CONCERNING 
ARTICLE 10 PARAGRAPH 1 ALINEA D 

The Russian Federation hereby confirms that the derogations that may be granted under article 10 
paragraph  1 alinéa d of  the  Agreement  will  concern  exclusively  the use of  traditional  wooden 
traps  for  the  trapping  of  Martes  zibelina  and  Mustela  erminea by  trappers  belonging  to 
indigenous communities located in Siberia, the Extreme North and the Far East territories. 

The Russian Federation also confirms that animals trapped with such trapping methods represent 
a maximum  of  1.4  percent  (for  Martes  zibelina)  and  3.5  percent  (for  Mustela  erminea)  of the 
total number of animals of these species trapped in the Russian Federation. 

- 2 7-

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  on  1.2.96 
(the"Interim Agreement")  and the 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 (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. 

- 2 8-

DECLARATION BY THE RUSSIAN FEDERATION CONCERNING A 
SPECIFIC BAN ON THE USE OF CONVENTIONAL STEEL-JAWED 
LEGHOLD RESTRAINING TRAPS. 

In recognition  of the objectives  of the Agreement  on International  Humane Trapping  Standards 
(the "Agreement"), the Russian Federation  undertakes to prohibit the use of conventional steel-
jawed leghold traps, the only type of leghold restraining traps currently in use within its territory, 
not later than 31 December  1999, provided that international  financial  assistance is available to 
cover  a sufficient  part  of  the economic  cost  of  the replacement  of  these  traps. If  this  financial 
assistance  were  not  available,  the  Russian  Federation  undertakes  to  prohibit  the  use  of 
conventional  steel-jawed  leghold  restraining traps within four years after  the entry into force of 
the Agreement. 

-29 

BY  THE  GOVERNMENT  OF  CANADA 
DECLARATION 
CONCERNING  AN  ACCELERATED  PHASE-OUT  PERIOD  FOR 
CONVENTIONAL 
STEEL-JAWED  LEGHOLD  RESTRAINING 
TRAPS 

In  recognition  of  the  objectives  of  the  Agreement  on  International  Humane  Trapping 
Standards  ("the  Agreement")  and  pursuant  to  article  7  of  the  Agreement,  Canada 
declares that: 

1. 

The  use of  all jaw-type  leghold  restraining  traps  will  be prohibited  in  Canada  for  the 
following  species at the date of entry into force of the Agreement: 

Martes americana 
Mustela erminea 
Castor canadensis 
Ondatra zibethicus 

Martes pennanti 
Taxidea taxus 
Lutra canadensis 

2. 

(a) 

Based  on  the results  of testing  already  available, the use  of conventional  steel-
jawed  leghold  restraining  traps  shall  be prohibited  for  the remaining  Canadian 
species listed in Annex  1  to the Agreement, as follows* 

Canis latrans 
Felis rufus 
Procyon lotor 

Canis lupus 
Lynx canadensis 

(b) 

This prohibition shall enter into effect  by the later of: 

i) 

the end of the full  field-testing  season commencing in October  1999; or 

ii)  the end of the period necessary for testing and implementation, as defined in 

subparagraph (c). 

(c) 

The "period  necessary for testing and implementation" referred  to in clause 2(b) 
(ii)  is  two  full  field-testing  seasons  plus  one  year  after  the  end  of  the  second 
field-testing  season, commencing  after  the Final  Conclusion  of  the  Agreement 
by the Council of the European Union. 

(d) 

For Canada, a field-testing  season (reffered  to in clause 2(b)(i) and subparagraph 
2c)) runs from  October  1  to March  31. 

- 3 0-

In view  of  subparagraph 2(b), this declaration shall have effect  in the period between 
the Final Conclusion of the Agreement by the Council of the European Union and the 
entry  into  force  of  the  Agreement  as  long  as  the  Agreement  (including,  for  greater 
certainty,  the  annexed  Declarations)  is  applied  in  accordance  with  its  terms  by  the 
European Community. 

- 3 1-

DECLARATION BY THE EUROPEAN  COMMUNITY 

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

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

32-

ISSN 0254-1475 

COM(97) 251 final 

DOCUMENTS 

EN 

02  03  14 

Catalogue number  :  CB-C0-97-264-EN-C 

ISBN  92-78-20791-8 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg