CELEX: 51997PC0052
Language: en
Date: 1997-06-05
Title: 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

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)
 ---pagebreak---  ---pagebreak---                                 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 3254/91 1 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.
2.      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
3.      Article 4 of Council Regulation (EEC) No. 3254/91 provides that the
        Commission shall determine the appropriate forms of certification that such
        pelts originate in a country appearing in the list referred to in 2.
4.      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
5.      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
   1
     O J L 308 of 9.11.1991, p. 1
   2
     O J L 184 of 20.7.1994, p. 3
                                        «I
 ---pagebreak---        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.     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).
7.     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
       4
         OJL 8 of 11.01.1997, p.2
                                      3
 ---pagebreak---                                        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
2
  OJL 8 of 11.1.1997, p. 2
                                         ^
 ---pagebreak--- 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
 ---pagebreak---                                        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,
                                        ^
 ---pagebreak---                                                                      Annex
            List of countries/species referred to in Article 1(1)(a}
                                        Species
                                        Procyon iotor
Bulgaria                                 Canis lupus
Canada                                   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
                                         Martes zibellina
                                         Mustela erminea
                                         Ondatra zibethicus
Czech Republic                           Canis lupus
                                         Mustela emiinea
                                         Ondatra zibethicus
El Salvador                              Procyon Iotor
Greenland                                Canis lupus
Hungary                                  Mustela erminea
                                         Ondatra zibethicus
                                 i
 ---pagebreak--- Jordan               Canis lupus
Korea, Republic of   Martes zibellina
                     Canis lupus         I
Lebanon              Canis lupus        ~|
Mexico               Canis lupus         I
                     Canis latrans
                     Castor canadensis
                     Felis rufus
                     Ondatra zibethicus
                     Procyon lotor       I
                     Taxidea taxus       I
Moldova              Canis lupus
                     Mustela erminea
Nicaragua            Procyon lotor
Norway               Canis lupus
                     Mustela erminea
                     Ondatra zibethicus
Pakistan             Canis lupus
                     Mustela erminea
Panama               Procyon lotor
Poland               Canis lupus
                     Martes zibellina
                     Mustela erminea
                     Ondatra zibethicus
Romania      "       Canis lupus
Russian Federation   Canis lupus
                     Martes zibellina
                     Mustela erminea
                     Ondatra zibethicus
                     Procyon lotor
                   e
 ---pagebreak--- Slovak Republic       Canis lupus
                      Martes zibellina
                      Mustela erminea
Slovenia, Republic of Canis lupus
                      Ondatra zibethicus
Turkey                Canis lupus
 ---pagebreak---  ---pagebreak---                                                                    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
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