Proposal for a Council Decision on the list referred to in the second paragraph of Article 3(1) of Council Regulation (EEC) No 3254/91 prohibiting the use of leghold traps in the Community and the introduction into the Community of pelts and manufactured goods of certain wild animals species originating in countries which catch them by means of leghold traps or trapping methods which do not meet international humane trapping standard and in Article 1(1)(a) of Commission Regulation (EC) No 35/97 laying down provisions on the certification of pelts and goods covered by Council Regulation (EEC) No 3254/91
Date: 1997-06-05
Institutions: European Commission
Subjects: hides and furskins industry, hunting regulations, manufactured goods, protection of animals, wildlife

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  05.06.1997 
COM(97) 52 final 

Proposal  for  a 

COUNCIL DECISION 

on the list referred to in the second paragraph of Article 3(1) 
of Council Regulation (EEC) No 3254/91 prohibiting the use of leghold traps in 
the Community and the introduction into the Community of pelts and 
manufactured goods of certain wild animals species originating in countries 
which catch them by means of leghold traps or trapping methods which do not 
meet international humane trapping standard and in Article 1(1 )(a) of Commis 
sion Regulation (EC) No 35/97 laying down provisions on the certification of 
pelts and goods covered by Council Regulation (EEC) no 3254/91 

(presented  by  the  Commission) 

Explanatory  memorandum 

Subject: Proposal  for  a  Council  Decision  on  the  list  referred  to  in  the  second 
paragraph  of  Article  3(1)  of  Council  Regulation  (EEC)  No  3254/91 
prohibiting  the  use  of  leghold  traps  in  the  Community  and  the 
introduction  into  the  Community  of  pelts  and  manufactured  goods  of 
certain  wild  animals  species  originating  in  countries  which  catch 
them  by  means  of  leghold  traps  or  trapping  methods  which  do  not 
meet  international  humane  trapping  standard  and  in Article  1(1 )(a)  of 
Commission  Regulation  (EC)  No  35/97  laying  down  provisions  on  the 
certification  of  pelts  and  goods  covered  by  Council  Regulation  (EEC) 
no 3254/91 

1 

Council  Regulation  (EEC)  No  3254/911  prohibits  inter  alia the  introduction  into 
the Community of the pelts and goods manufactured thereof (listed in its Annex 
II)  of  13  animal  species  unless  the  Commission  has  determined  that  in  the 
country where the pelts originate: 

a) there are adequate administrative  or legislative provisions  in force to  prohibit 

the use of the leghold trap, or 

b)  the  trapping  methods  used  for  the  species  mentioned  above  meet  inter 

nationally agreed humane trapping standards. 

Paragraph  2  of Article  3(1)  of  Council  Regulation  (EEC)  No  3254/91  provides 
that  the  Commission  shall  publish  in  the  Official  Journal  of  the  European 
Communities  a  list  of  the  countries  which  meet  at  least  one  of  the  conditions 
referred to in 1 

the 
Article  4  of  Council  Regulation  (EEC)  No.  3254/91  provides 
Commission  shall  determine  the  appropriate  forms  of  certification  that  such 
pelts originate in a country appearing in the list referred to in 2. 

that 

With  Commission  Regulation  (EEC)  No  1771/942,  the  entry  into  force  of  this 
import  prohibitions  was  deferred  from  1  January  1995  to  1  January  1996, 
pursuant  to  the  provision  of  Article  3(2)  of  Council  Regulation  (EEC)  No. 
3254/91 

In  view  of  the  failure  of  the  development  of  international  humane  trapping 
standards  in the  context  of  the  Internationa!  Organisation  for  Standardisation, 
the  implications  of  the  Regulation  on  the  Community's  obligations  under 
international  trade  rules  and  the  impracticability  of  implementing  Regulation 
3254/91,  the  Commission,  on  22  November  1995,  decided  to  propose  to  the 

2. 

3. 

4. 

5. 

1O JL  308 of 9.11.1991, p. 1 
2O JL  184 of 20.7.1994, p. 3 

«I 

Council to, amongst other things, suspend the entry into force of the envisaged 
import restrictions for one  additional year. A  Council decision  on the  proposal 
concerned3 is pending. 

6. 

7. 

According  to  the  authorization  given  by  the  Council  in  June  1996,  the 
Commission  has  negotiated  a  draft  international  Agreement  on  Humane 
trapping  standards  which  was  initialled  by  Canada  ,  the  Russian  Federation 
and  the  Commission  in  December  1996.  A  proposal  for  Council  Decision 
concerning the signing and conclusion of this Agreement  has been sent to the 
Council on 27 January 1997 (COM 97/17). 

A draft Commission decision Saying down provisions on the certification of pelts 
and goods in accordance of Article 4  of Council Regulation (EEC)  No  3254/91 
having been approved on 20  November  1996  by the  Committee  referred  to in 
Article  5  of  the  same  Regulation,  these  provisions  were  adopted  with 
Commission  Regulation  (EC)  No  35/9T4.  This  regulation  also  provides  that  it 
shall  apply  from  the first day  of  the  third  month  following  publication  in  the 
Official Journal of the European Communities of the list of countries concerned. 

A draft Commission decision which identifies the  list of authorized  countries of 
origin was sent on 20  December  1996 for opinion to the Committee referred to 
in Article 5 of Council Regulation (EEC) no 3254/91. 

9. 

As  the  Committee  has  not  delivered  a  favourable  opinion  on  the  draft 
Commission  decision, and  in accordance  with Article  5  of  Council  Regulation 
(EEC)  no  3254/91,  the  Commission  therefore  submits  to  the  Council  the 
attached proposal. 

3 Doc. COM(95) 737 final 95/0357 (SYN) of 15.12.1995 

4OJL 8 of 11.01.1997, p.2 

3 

Proposal for a 
Council  Decision  on the list referred to in the second paragraph  of Article  3(1) 
of Council  Regulation (EEC) No 3254/91  prohibiting the use of  leghold traps  in 
the Community  and the introduction  into the Community  of pelts and 
manufactured  goods of certain wild animals species originating  in countries 
which  catch them by means of leghold traps or trapping  methods which do  not 
meet international humane trapping standard and in Article  1(1 )(a) of Commis 
sion Regulation (EC) No 35/97 laying down provisions on the certification  of 
pelts and goods covered  by Council Regulation (EEC) no 3254/91 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European  Community, 

Having regard to the proposal from the Commission, 

Having  regard to Council  Regulation  (EEC)  No 3254/91  prohibiting the  use of  leghold 
traps  in  the  Community  and  the  introduction  into  the  Community  of  pelts  and 
manufactured goods of certain wild animal species originating in countries which  catch 
them  by  means  of  leghold traps  or trapping  methods  which do  not  meet  international 
humane  trapping  standards,  and  in  particular  the  first  paragraph  of Article  3,  second 
phrase thereof1, 

Whereas  Commission  Regulation  (EC)  No  35/97  laying  down  provisions  on  the 
certification  of  goods  covered  by  Council  Regulation  (EEC)  No  3254/91,  and  in 
particular  Article  1(1 )(a) thereof2  is  applicable  only  with  respect  to  the  importation  of 
pelts of animals not bom and bred in captivity from countries listed in this decision, 

Whereas  the  list  in the Annex  to  this  Decision  has  been  established  on the  basis  of 
information requested by the Commission from countries within the known  distribution 
area of the species referred to in Annex  1 to Council Regulation (EEC) No 3254/91; 

Whereas  an  International  Agreement  on  Humane  Trapping  Standards  has  been 
initialled and sent to the Council (COM 97/17); whereas it is appropriate to refrain from 
acts  which  would  defeat  the  object  and  the  purpose  of  the  initialled  Agreement; 
whereas the list includes therefore the countries which  have initialled the  International 
Agreement on Humane Trapping Standards; 

Whereas, inter alia pending the accession to the  International Agreement  on  Humane 
Trapping  Standards  by  additional  third  countries  or  any  other  situation  cx>vered  by 
Article  3(1)  of  Regulation  3254/91, this  Decision  can  only  be  of  a transitional  nature; 
whereas  the  list  shall  be  amended  immediately  according  to  the  new  situations  in 
order not to hinder the trade in furs and fur related products; 

1  OJL 308 of 9.11.1991, p. 1 
2OJL 8 of 11.1.1997, p. 2 

^ 

Whereas  the  Committee  referred  to  in  Article  5  of  Council  Regulation  (EEC)  No 
3254/91, and consulted by written procedure on 20 december  1996 has not delivered 
a  favourable opinon on the draft Comission decision  identifying  the  list of authorized 
countries, 

HAS ADOPTED THIS DECISION: 

r 

Article 1 

The  list  of  countries  which  meet  at  least  one  of  the  conditions  set  out  in  the first 
paragraph  of Article  3(1)  of  Council  Regulation  (EC)  No  3254/91  and  referred  to  in 
Article  1(1 )(a) of Commission  Regulation  (EC)  No 35/97  is contained  in the Annex to 
this Decision. 

This Decision shall enter into force on the day of its publication in the Official Journal 
of the European Communities. 

This Decision is addressed to all Member States. 

Done at Brussels, 

For the Council, 

^ 

List of countries/species  referred  to in  Article  1(1)(a} 

Annex 

Bulgaria 

Canada 

Species 

Procyon iotor 

Canis lupus 

Canis latrans 

Canis lupus 

Castor canadensis 

Felis rufus 

Lutra canadensis 

Lynx canadensis 

Martes amehcana 

Martes pennanti 

Mustela  emiinea 

Ondatra zibethicus 

Procyon iotor 

Taxidea taxus 

China, People's Republic of 

Canis lupus 

Czech  Republic 

El Salvador 

Greenland 

Hungary 

Martes zibellina 

Mustela erminea 

Ondatra zibethicus 

Canis lupus 

Mustela emiinea 

Ondatra zibethicus 

Procyon Iotor 

Canis lupus 

Mustela erminea 

Ondatra zibethicus 

i 

I 

~| 

I 

I 

I 

Jordan 

Korea, Republic of 

Lebanon 

Mexico 

Moldova 

Nicaragua 

Norway 

Pakistan 

Panama 

Poland 

Romania 

" 

Russian Federation 

Canis lupus 

Martes zibellina 

Canis lupus 

Canis lupus 

Canis lupus 

Canis latrans 

Castor canadensis 

Felis rufus 

Ondatra zibethicus 

Procyon lotor 

Taxidea taxus 

Canis lupus 

Mustela erminea 

Procyon lotor 

Canis lupus 

Mustela erminea 

Ondatra zibethicus 

Canis lupus 

Mustela erminea 

Procyon lotor 

Canis lupus 

Martes zibellina 

Mustela erminea 

Ondatra zibethicus 

Canis lupus 

Canis lupus 

Martes zibellina 

Mustela erminea 

Ondatra zibethicus 

Procyon lotor 

e 

Slovak Republic 

Slovenia, Republic of 

Turkey 

Canis lupus 

Martes zibellina 

Mustela erminea 

Canis lupus 

Ondatra zibethicus 

Canis lupus 

ISSN 0254-1475 

COM(97) 52 final 

DOCUMENTS 

EN 

03  14  02  11 

Catalogue  number  :  CB-CO-97-045-EN-C 

ISBN 92-78-15620-5 

Office  for Official  Publications of the European  Communities 

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