98/142/EC: Council Decision of 26 January 1998 concerning the conclusion of an Agreement on international humane trapping standards between the European Community, Canada and the Russian Federation and of an Agreed Minute between Canada and the European Community concerning the signing of the said Agreement
Date: 1998-01-26
Institutions: Council of the European Union
Subjects: Canada, USSR, agreement (EU), hunting regulations, protection of animals, wildlife

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Official Journal of the European Communities

14. 2. 98

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 26 January 1998

concerning the conclusion of an Agreement on international humane trapping
standards between the European Community, Canada and the Russian
Federation and of an Agreed Minute between Canada and the European
Community concerning the signing of the said Agreement

(98/142/EC)

THE COUNCIL OF THE EUROPEAN UNION,

them to be able to export pelts and products manufac-
tured from certain species to the Community;

Having regard to the Treaty establishing the European
Community, and in particular Articles 113 and 100a in
conjunction with the first sentence of Article 228(2) and
the first subparagraph of Article 228(3) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of
liament (2),

the European Par-

Having regard to the Council’s Decision of June 1996
laying down negotiating Directives and authorising 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 Regulation (EEC) No 3254/91 of 4 November
1991 prohibiting the use of leghold traps in the Com-
munity 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 (3), and in par-
ticular 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

(1) OJ C 207, 8. 7. 1997, p. 14.
(2) OJ C 14, 19. 1. 1998.
(3) OJ L 308, 9. 11. 1991, p. 1.

that

Whereas no international humane trapping standard had
been established on 1 January 1996; whereas this situ-
ation meant
third 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 forwarded to the Council
on 12 January 1996;

Whereas the Agreement attached to this Decision is
consistent with the negotiating Directives referred to
above; whereas it therefore satisfies the concept of inter-
nationally 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
harmonised technical standards offering a sufficient level
of protection to the welfare of trapped animals and gov-
traps, and to
erning both the production and use of
facilitate trade between the Parties in traps, pelts and
products manufactured from species covered by the
Agreement;

Whereas implementation of the Agreement requires a
timetable to be established for testing and certifying the
conformity of traps with the standards laid down by the
Agreement and for the replacement of uncertified traps;

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Whereas, pending the entry into force of the Agreement
between the three Parties, it is necessary that the Agree-
ment be applied as soon as possible between Canada and
the European Community;

the Agreement

Whereas
on international humane
trapping standards between the European Community,
Canada and the Russian Federation and the Agreed
Minute between Canada and the European Community
concerning the signing of
the Agreement should be
approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement on international humane
trapping
standards between the European Community, Canada and
the Russian Federation and the Agreed Minute between

Canada and the European Community concerning the
signing of the Agreement are hereby approved.

The texts of the Agreement and of the Agreed Minute are
attached to this Decision along with the declarations to be
lodged when the Agreement is signed.

Article 2

The President of the Council shall deposit the instrument
of conclusion provided for in Article 17(2) of the Agree-
ment.

Done at Brussels, 26 January 1998.

For the Council

The President

R. COOK