CELEX: 51995PC0737
Language: en
Date: 1995-12-15
Title: Proposal for a COUNCIL REGULATION (EC) amending 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 standars

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  Brussels, I5.I2.I99S
                                                  COM(95) 737 final
                                                  95/0357 (SYN)
                                   Proposal for a
                          COUNCIL REGULATION (EC)
                  amending 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
                          (presented by the Commission]
 ---pagebreak---  ---pagebreak---                        EXPLANATORY MEMORANDUM
1.  Council Regulation (EEC) N°3254/91 envisages - in its Article 3 - the
    implementation of an import prohibition on certain furs and products thereof,
    unless the Commission had established that a third country had banned the
   use of leghold traps or had implemented trapping methods for the thirteen
   species listed in its Annex I that met internationally agreed humane trapping
   standards.
   With Commission Regulation (EC) N°1771/94 the entry into force of this import
   prohibitions was deferred from 1 January 1995 to 1 January 1996.
2. The development of international humane trapping standards in the context of
   the International Organization for Standardization (ISO) was halted at the
   September 1995 meeting of the ISO Technical Committee involved. This
   Committee will - as a first step - now concentrate on the development of trap
   testing standards and intends to revisit trap performance standards as such on
   the basis of test results in accordance with these testing standards.
3. In view of the situation described in point 2, the Commission, Canada, the
   United States of America and Russia, established a "Working group on the
   development of international humane trapping standards" in September 1995.
   The work of this group is ongoing and progress is being made.
4. The Commission carefully considered the effects import restrictions as of 1
   January 1996 would have on the development of humane trapping standards
   and on the Community's obligations under international trade rules. It came to
   the conclusion that a postponement of these import restrictions was necessary
   in order to allow the standard development process referred to in point 3 to
   continue and that certain provisions of Regulation N°3254/91 needed to be
   amended so as to facilitate its implementation and to make such
   implementation more proportionate to its objectives.
5. The attached proposal for the replacement of Articles 3 and 4 of Council
   Regulation (EEC) N°3254/91 is consistent with the aim of that Regulation and
   caters for the points referred to under 4 above.
                                                2
 ---pagebreak---         Proposal for a Council Regulation amending 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
 THE COUNCIL OF THE EUROPEAN UNION,
 Having regard to the Treaty establishing the European Community, and in particular
 Article 113 and Article 130s thereof,
 Having regard to the proposal from the Commission,
   In cooperation with the European Parliament
 Having regard to the opinion of the Economic and Social Committee,
 Whereas the suspension of the prohibition referred to in Article 3, paragraph 1, of
 Council Regulation (EEC) No 3254/91, decided with Commission Regulation (EC) No
 1771/94, in accordance with its Article 5, has not allowed the completion of the
 development of international humane trapping standards;
 Whereas this implies that the option for a third country to ensure that the trapping
 methods used for the species listed in Annex I to Council Regulation (EEC) No
 3254/91 meet internationally agreed humane trapping standards is not available;
 Whereas, in cooperation with the mainly affected third countries, the Commission is
 in the process of exploring alternative ways to achieve such standards;
Whereas, under the circumstances, it is appropriate to amend Council Regulation
 (EEC) No 3254/91 and to postpone the implementation of the import restrictions
concerned;
Whereas the exploitation of furbearing animals forms an important part of the
traditional way of life and economy of indigenous peoples and it is therefore
appropriate to see to it that the interests of these peoples are not negatively affected;
Whereas in the implementation of this Regulation account should be taken of the fact
that in a number of third countries trapping activities are regulated on a subfederal
level,
HAS ADOPTED THIS REGULATION :
                                               3>
 ---pagebreak---                                            Article 1
Articles 3 and 4 of Council Regulation (EEC) No 3254/91 are hereby replaced as
follows:
                                          Article 3
       The Community will enter into or pursue negotiations with third countries in
       order to achieve a framework agreement on humane animal trapping
       standards, in particular for the animal species listed in Annex I. This
       agreement shall include a timetable for its implementation.
                                          Article 4
    1. The Commission shall review the progress of the negotiations referred to in
       Article 3 no later than 31 December 1996 and at the same time, in
       cooperation with the competent authorities concerned, the progress made by
       third countries in the development of humane trapping methods.
       If no framework agreement is reached, the Commission shall regularly
       determine for each of the species listed in Annex I, the list of countries which
       have not done one of the following: either made sufficient individual progress
       in the development of humane trapping methods or prohibited the use of
       leghold traps.
       If a framework agreement is reached, the Commission shall regularly
       determine for each of the species listed in Annex I, the list of countries which
       have not done one of the following: either committed themselves formally to
       implementation of the framework agreement within an agreed timeframe or
       prohibited the use of leghold traps.
    2. Upon publication in the Official Journal of the European Communities of the
       list provided for in paragraph 1, the introduction into the Community of pelts
       of wild animals of species listed in Annex I and the goods manufactured
       thereof listed in Annex II shall be prohibited if they originate in a listed
       country.
    3. The prohibition referred to in paragraph 2 shall not apply to :
       a) the introduction of finished goods for personal and private use;
       b) pelts and goods manufactured thereof that are being reintroduced into the
           Community following an outward processing procedure and proof is given
           to the customs office of reintroduction that they were processed from pelts
           or goods previously exported from the Community;
       c) pelts and goods manufactured thereof that are assigned to a customs
           procedure for external transit which is intended to convey them outside
           the customs territory of the Community.
                                                H-
 ---pagebreak---    4. The prohibition referred to in paragraph 2 shall not apply to pelts and goods
       manufactured thereof resulting from trapping activities carried out by
       indigenous peoples.
   5. With regard to countries where trapping activities are regulated on a
      subfederal legislative level, the provisions of Article 4 may be applied
      accordingly.
   6. The Community will enter into negotiations with third countries wishing that
      the provisions of paragraphs 4 and 5 be applied in order to establish
      appropriate provisions for their implementation.
   7. The Commission shall in accordance with the procedure laid down in
      Article 5, lay down the necessary administrative provisions for the
      implementation of this Regulation.
                                        Article 2
This Regulation shall enter into force on the day of its publication in the Official
Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,                                              For the Council,
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(95) 737 final
                                                DOCUMENTS
  EN                                                                        14 11
                                      Catalogue number : CB-CO-95-767-EN-C
                                                               ISBN 92-77-98746-4
  Office for Official Publications of the European Communities
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