CELEX: 51989PC0198
Language: en
Date: 1989-04-26
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE IMPORTATION OF CERTAIN FURS

COMMISSION OF THE EUROPEAN COMMUNITIES
                                          C0MC89) 198 final
                                          Brussels/ 26 April 1989
                      Proposal for a
                 COUNCIL RE6ULATI0N (EEC)
            on the importation of certain furs
               (presended by the Commission)
 ---pagebreak---              PROPOSAL FOB A BECPLATIOH OH THE IHPQ1TATI0H
                            QF ÇCTTAIH FUffi
                        EXPLANATORY MEMORANDUM
THE LECHOLD TRAP
The leghold trap is a device designed to restrain .or captura an
animal by means of metal (or similar) clamps which close tightly upon
one or more of the animal's limbs and, in doing so, often breaks
bones and lacerates the skin.
The device has been banned in over 60 countries worldwide and in five
of the Member States of the European Community (United Kingdom,
Ireland, Denmark, Federal Republic of Germany, Greece. The majority
of other Member States have imposed strict conditions on their use.
Moreover, the Convention on the conservation of European wildlife and
natural habitats, concluded by the European Community in December
1981 by Council Decision 82/72/EEC prohibits the use of
 indiscriminate means of capture and killing for certain species,
 including traps.
Research into the development of humane trapping methods is, however,
already well underway and focuses on the creation of either instant
killing devices (such as the modified Conibear trap - used in
drowning sets) or on live holding devices (such as box traps or the
Kim Novak leg snare) that are best suited to the individual species.
Moreover, International Trapping Standards are being elaborated under
the auspices of the International Standardisation Organisation with
the participation of several Member States.
THE FOURTH ENVIRONMENT ACTION PROGRAMME
In the framework of the Fourth Environment Action Programme (1987-
1992) whose guidelines were in general approved by the Council in its
Resolution of 19 October, 1987 (OJ C 328 of 7 December, 1987), the
                                                                      fr
 ---pagebreak---                                    - 2-
Commission recalled its intentions in relation to animal welfare as
set out in the Commission programme for 1985 :
      "An improvement in the quality of life also entails respect
      for animals in the Member States and in the Member States
      dealings with the rest of the world ... The Commission will
      examine all possible steps which can be taken in this
      connection."
THE EUROPEAN PARLIAMENT
In July 1988, a written Declaration (n° 9/88) was tabled by Mr
Sell groan (ED - UK.) and Mrs Castle (S - UK) under Rule 65 of the
Parliament's Rules of Procedures calling on the Commission to
initiate an EC-wide ban on the manufacture, sale and use of the
leghold trap and to introduce proposals for the labelling of fur
products imported into the Community to indicate whether they derive
from animals caught in leghold traps. This Declaration was
subsequently signed by 272 Members and has therefore been transmitted
officially as the Opinion of the European Parliament to the Community
institutions named in the Resolution, in this case the Commission.
ACTION  WITHIN  THE ESC
In the context of its proposal for a Council Directive ' ' on the
protection of natural and semi-natural habitats and of wild fauna and
flora, the Commission has proposed that Member States prohibit the
manufacture, sale and use of leghold traps. This proposal is now
being considered by the Council and Parliament.
THE PRESENT PROPOSAL
The present proposal is intended to supplement the measures mentioned
in the preceding paragraph.
Nowadays, most furs on the market come from farms (80-90 X).     However
some species remain almost exclusively wild caught.     The list of
species in the annex to this proposal for a Regulation is restricted
to those that are known to be commercially harvested in countries
1 ) OJ Ref....
 ---pagebreak---                                  - 3 -
that still use the leghold trap for the capture of the animals of
these species.
In view of the measures taken within the European Community, this
present proposal intends to prohibit the importation for commercial
purposes, from 1st January, 1996, of certain goods that are made from
or include fur of the species listed in the annex where they
originate in a country where the leghold trap is still used or where
the trapping methods being used for the listed species, do not meet
internationally agreed humane trapping standards.
This prohibition can be suspended for a two year period, expiring on
1st January, 1998, if the Commission has determined, as a result of a
review undertaken before July 1994, in cooperation with the competent
authorities of the countries concerned, that sufficient progress is
being made in developing humane methods of trapping in their
territory.   The Commission will also be seeking active participation
in the elaboration of the international humane trapping standards
once the present proposal is adopted.
 ---pagebreak---                                  Proposal for a
                               COUNCIL REGULATION
                     on the importation of certain furs
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament,
Having regard to the Opinion of the Economic and Social Committee,
Whereas Council Directive .../.../EEC of        on the protection of .natural and
                                                       1
semi-natural habitats and of wild fauna and flora requires Member
States to prohibit the manufacture, sale and use of the leghold trap'.
Whereas the Convention on the Conservation of European Wildlife and
                  2
Natural Habitats, concluded by the Community by Council
Decision 82/72/EEC, prohibits the use of indiscriminate means of
capture and killing, including traps, for certain species;
Whereas the leghold trap is a non-selective and cruel method of
trapping; whereas, however, research into the development of humane
trapping methods is already in progress;       whereas, in addition, the Community's
Fourth Environmental Action Programme lays down some general
guidelines for action in the field of animal welfare;
Whereas, in view of the measures taken within the Community,
it is appropriate that, from 1 January 1996, the importation for
commercial purposes of certain goods consisting of or including
the fur of the species listed in Annex I should be prohibited
when they originate in a country where the leghold trap is still used
(1) OJ No L
(2) OJ No L 38, 10.2.1982, p. 1.
(3) OJ No C 328, 7.12.1987, p. 1.
 ---pagebreak---                                         - 5 -
in their territory or where trapping methods do not meet
internationally agreed humane trapping standards;
Whereas    this prohibition can be suspended for a two-year period,
              31
expiring on       December 1997-, if     tne   commission has determined before
1 July 1994, as a result of a review undertaken in cooperation with
the competent authorities of the countries concerned, that sufficient
progress is being made in developing humane methods of trapping in
their territory ?
HAS ADOPTED THIS REGULATION :
                                     ABTIÇItE 1
This Regulation applies to the importation of furs of the species
listed in Annex I and of goods including the fur of those species.
                                     AJIIÇLf z
For the purposes of this Regulation:
Specified goods : means all goods listed in Annex II which consist of or
 include the fur of any of the animals listed in Annex I.
Leahold trap : means a trap designed to restrain or capture an animal
by means of    clamps which close tightly upon one or more of the animal's
 limbs thereby preventing the limb or limbs from being withdrawn from the
 trap.
                                     QBUUkàEaB&MXi
1.   The entry for free circulation for commercial purposes of the specified goods snail
be prohibited from 1 January 1996, unless the Commission has
certified that, in the country where the goods originated:
- there exist     adequate administrative or legislative provisions, in
force, to prohibit the use of the leghold trap in its territory; or
      the trapping methods used in its territory for the species
listed in Annex I meet internationally agreed humane trapping
standards.
 ---pagebreak---                                     - 6 -
The Commission shall publish in the Official Journal of the European
 Communities  a  list of countries in respect of which certificates
have been granted.
 2.  The prohibition of the entry for free circulation for ccnnercial pjrposes of the
 specified goods shall be suspended by the Commission for a two-year
period, expiring on 31 December 1997, if the Commission has determinod
before 1 July 1994, as a result of a review undertaken in cooperation
with the competent authorities of the countries concerned, that sufficient
progress is being made in developing humane methods of trapping in their
territory.                                                  ~v
                                   Article 4
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---                                  - 7 -
                              AjgregjL
List of species :
     Beaver       Castor canadensis
     Otter        Lutra canadensis
     Coyote       Canis latrans
     Wolf         Canis lupus
     Lynx         Lynx canadensis
     Bobcat     v Felis rufus
     Sable        Martes zibellina
     Raccoon      Procyon lotor
 ---pagebreak---                              ANNEX II
 N°    CN CODE                    DESCRIPTION
4103           Othtr raw hidaa and skins (fresh, or salted,
               dried, liaed, pickled or otherwise preserved, but
               not tanned, parchment-dressed or further
               prepared) , whether or not âahalred or «split, othex*
               than thoee excluded by note 1 (b) ox 1 (3) to this
               chapter :
4103 90 00     - Other
4301           Raw furskins (including heads, tails, paws anol
               other pieces or cuttings, auitable for furriers 1
               u s e ) , other than raw hides and skins of heading
               No 4101, 4102 or 4103 :
 4301 40 00    - Of beaver, whole, with or without head, tail or
                   paws
 4301 ao        - Other furakins, whole, with or without head,
                   tail or paws i
 4301 80 50     - - Of wild felines
 4301 80 90     - - Other
 4301 90 00     - Heads, tails, pews and other pieces or cuttings,
                    suitable for furriers 1 use
 4302           Tanned or dressed furskins (including heads,
                tails, pawd and other pieces or cuttings),
                unassembled, or assembled (without the addition of
                other materials) other than thoee of heading
                Mo 4303 i
                - Whole skins, with or without head, tail or pews,
                    not assembled :
 4302 19        - - Other i
 4302 19 10     - - - of beaver
 4302 19 70     - - - Of wild felines
 4302 19 90     - - - other
 4302 20 00     - Heads, tails, pavs and ether pieces or cuttings,
                    not assembled
 4302 30        - Whole skins and pieces or cuttings thereof,
                    assembled r
 4302 30 10     -, - •Dropped 1    furskins
                - - Other :
                                                                     %
 ---pagebreak--- ^ —                                  Z^JL
  1°    CN CODE                               DESCRIPTION
     4902 30 33 - - - Of beaver
     4302 30 71 . . .  of wild f e l i n e s
     4302 30 73 . . . other
     4303       Articles of apparel, clothing aoeessoriea and
                other articles of furskia i
     4303 10     * Articles of apparel and clothing accessories i
     4303 10 90  - - Other
     4303 90 00  - Other
                                                                  1
 ---pagebreak---  ---pagebreak--- Commission of the European Communities
COM(89) 198 final
Proposal for a
COUNCIL REGULATION (EEC)
on the importation of certain furs
(submitted to the Council by the Commission)
26.4.1989
Office for Official Publications of the European Communities
L - 2985 Luxembourg
Series: DOCUMENTS
 1989 — 10 pp. — Format: 21.0 * 29.7 cm
EN
ISSN 0254-1475
ISBN 92-77-49255-4
Catalogue number: CB-CO-89-169-EN-C
 ---pagebreak---                                           ISSN 0254-1475
COM(89) 198 final
DOCUMENTS
Proposal for a
COUNCIL REGULATION (EEC)
on the importation of certain furs
(submitted to the Council by the Commission)
15                                       26.4.1989
Catalogue number: CB-CO-89-169-EN-C
ISBN 92-77-49255-4
€
COMMISSION OF THE EUROPEAN COMMUNITIES