Council Regulation (EEC) no 3254/91Show full title

Council Regulation (EEC) no 3254/91

of 4 November 1991

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 COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 and Article 130s thereof,

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

Having regard to the opinion of the European Parliament(2),

Having regard to the opinion of the Economic and Social Committee(3),

Whereas the Berne Convention of 19 September 1979 on the Conservation of European Wildlife and Natural Habitats, concluded by the European Economic Community by Decision 82/72/EEC(4), prohibits for certain species, the use of all indiscriminate means of capture and killing including traps, if the latter are applied for large-scale or non-selective capture or killing,

Whereas the abolition of the leghold trap will have a positive effect on the conservation status of threatened or endangered species of wild fauna both within and outside the Community, including species protected by Regulation (EEC) No 3626/82(5); whereas research into the development of humane trapping methods is already in progress and whereas the Community will take into account the work being carried out by the International Standardization Organization;

Whereas, in order adequately to protect species of wild fauna and to avoid distortion of competition, it is necessary to ensure that external trade measures relating to them are uniformly applied throughout the Community;

Whereas, therefore, the use of the leghold trap within the Community should be prohibited and measures should be taken to enable the importation of furs of certain species to be prohibited when they originate in a country where the leghold trap is still used or where trapping methods do not meet internationally agreed humane trapping standards,

HAS ADOPTED THIS REGULATION:

Article 1 U.K.

For the purposes of this Regulation: ‘leghold trap’: means a device designed to restrain or capture an animal by means of jaws which close tightly upon one or more of the animal's limbs, thereby preventing withdrawal of the limb or limbs from the trap.

Article 2 U.K.

Use of leghold traps in [F1 Great Britain] shall be prohibited by 1 January 1995 at the latest.

Textual Amendments

F1 Words in Art. 2 substituted (31.12.2020) by The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/16), regs. 1, 2(2(a)) (as substituted by S.I. 2020/1590, regs. 1(1)(b)(i), 4(2)(a));2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K.

1. The introduction into the [F2 United Kingdom] of the pelts of the animal species listed in Annex I and of the other goods listed in Annex II, [F3 where] they incorporate pelts of the species listed in Annex I, shall be prohibited F4 ..., F5 ...:

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 set out in the first paragraph.

F6 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 3. Paragraph 1 does not apply—

(a) where the pelts originate from an approved country; or

(b) to the introduction of—

(i) any goods into Northern Ireland, or

(ii) any goods subject to a transit procedure and travelling to Northern Ireland, other than goods subject to a transit procedure and travelling to Great Britain.

3A. For the purposes of paragraph 1, goods entering Northern Ireland subject to a transit procedure and travelling to Great Britain are to be treated as being introduced into the United Kingdom on their entry into Great Britain.

3B. In this Article, “transit procedure” means—

(a) a transit procedure referred to in section 3(4)(b) of the Taxation (Cross-border Trade) Act 2018; or

(b) a transit procedure referred to in Article 210(a) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, as it has effect by virtue of section 7A of the European Union (Withdrawal) Act 2018.]

[F8 4. In paragraph 3 and Article 4, “an approved country”, in relation to the pelts of any species (and goods incorporating such pelts), means a country listed in the Annex to the Council Decision in respect of that species.

5. (a) adding an entry;

(b) Subject to paragraph 6, the Secretary of State may, by regulations, amend the Annex to the Council Decision by—

(c) amending an entry;

omitting an entry.

6. The Secretary of State may not add a country to the list of approved countries in the Annex to the Council Decision unless the Secretary of State is satisfied that, in that country—

(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 specified in Annex 1 meet internationally agreed trapping standards.

7. In this Article, “the Council Decision” means Council Decision 97/602/EC concerning the list referred to in the second subparagraph of Article 3(1) of Regulation (EEC) No 3254/1991 and in Article 1(1)(a) of Commission Regulation (EC) No 35/97].

Textual Amendments

F2 Words in Art. 3(1) substituted (31.12.2020) by The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/16), regs. 1, 2(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in Art. 3(1) substituted (31.12.2020) by The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/16), regs. 1, 2(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 3(1) omitted (31.12.2020) by virtue of The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/16), regs. 1, 2(3)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 3(1) omitted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 10(2)(a) (as substituted by S.I. 2020/1590, regs. 1(1)(b)(i), 5(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 3(2) omitted (31.12.2020) by virtue of The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/16), regs. 1, 2(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 3(3)-(3B) inserted (31.12.2020) by The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/16), regs. 1, 2(3)(c) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 4(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 3(4)-(7) inserted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 10(2)(b) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 5(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Article 4 U.K.

 [F9 For the purposes of Article 3, pelts are to be considered to originate from an approved country only where the designated competent authority of the country from which the pelts, or the goods into which the pelts has been incorporated, have been exported or re-exported to the UK has certified, in accordance with Commission Regulation (EC) No 35/97 laying down provisions on the certification of pelts and goods covered by Council Regulation (EEC) No 3254/91, that such pelts originate in—

(a) an approved country; or

(b) the United Kingdom.]

[F10 The Secretary of State may, by regulations, amend Council Regulation (EC) No 35/97 laying down provision on the certification of pelts and goods covered by Regulation (EEC) No 3254/91.]

Textual Amendments

F9 Words in Art. 4 substituted (31.12.2020) by The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/16), regs. 1, 2(4) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 4(2)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 4 substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 10(3); 2020 c. 1, Sch. 5 para. 1(1)

[F11 Article 5 U.K.

1. Regulations made under this Regulation are to be made by statutory instrument.

2. A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

3. Such regulations may contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018)).]

Textual Amendments

F11 Art. 5 substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 10(4); 2020 c. 1, Sch. 5 para. 1(1)

F12 Article 6 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Art. 6 omitted (31.12.2020) by virtue of The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/16), regs. 1, 2(5); 2020 c. 1, Sch. 5 para. 1(1)

F13 ...

Done at Brussels, 4 November 1991.

For the Council

The President

H. Van Den Broek

Textual Amendments

F13 Words in Signature omitted (31.12.2020) by virtue of The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/16), regs. 1, 2(6); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX I U.K. List of species referred to in Article 3 (1)

Beaver:	Castor canadensis
Otter:	Lutra canadensis
Coyote:	Canis latrans
Wolf:	Canis lupus
Lynx:	Lynx canadensis
Bobcat:	Felis rufus
Sable:	Martes zibellina
Raccoon:	Procyon lotor
Musk rat:	Ondatra zibethicus
Fisher:	Martes pennanti
Badger:	Taxidea taxus
Marten:	Martes americana
Ermine:	Mustela erminea

ANNEX II U.K. Other goods referred to in Article 3 (1)

CN code	Description
ex 4103	Other raw hides and skins (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not dehaired or split other than those excluded by note 1 (b) or 1 (c) to chapter 41
ex 4103 90 00	Other
ex 4301	Raw furskins (including heads, tails, paws and other pieces or cuttings, suitable for furriers' use), other than raw hides and skins of Code 4101, 4102, or 4103
ex 4301 40 00	Of beaver, whole, with or without head, tail or paws
ex 4301 80	Other furskins, whole, with or without head, tail or paws
ex 4301 80 50	Of wild felines
ex 4301 80 90	Other
ex 4301 90 00	Heads, tails, paws and other pieces or cuttings, suitable for furriers' use
ex 4302	Tanned or dressed furskins (including heads, tails, paws and other pieces or cuttings), unassembled, or assembled (without the addition of other materials), other than those of code 4303: whole skins, with ot without head, tail or paws, not assembled
ex 4302 19	Other
ex 4302 19 10	Of beaver
ex 4302 19 70	Of wild felines
ex 4302 19 90	Other
ex 4302 20 00	Heads, tails, paws and other pieces or cuttings, not assembled
ex 4302 30	Whole skins and pieces or cuttings thereof, assembled
ex 4302 30 10	‘Dropped’ furskins Other
ex 4302 30 35	Of beaver
ex 4302 30 71	Of wild felines
ex 4302 30 75	Other
ex 4303	Articles of apparel, clothing accessories and other articles, of furskin
ex 4303 10	Articles of apparel and clothing accessories
ex 4303 10 90	Other
ex 4303 90 00	Other

(1)

OJ No C 134, 31. 5. 1989, p. 5 and OJ No C 97, 13. 4. 1991, p. 10.

(2)

OJ No C 260, 15. 10. 1990, p. 24.

(3)

OJ No C 168, 10. 7. 1990, p. 32.

(4)

OJ No L 38, 10. 2. 1982, p. 1.

(5)

OJ No L 384, 31. 12. 1982, p. 1.