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

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 the Community shall be prohibited by 1 January 1995 at the latest.

Article 3 U.K.

1. The introduction into the Community of the pelts of the animal species listed in Annex I and of the other goods listed in Annex II, inasmuch as they incorporate pelts of the species listed in Annex I, shall be prohibited as of 1 January 1995, unless the Commission, in accordance with the procedure laid down in Article 5, has determined that, in the country where the pelts originate:

• there are adequate administrative or legislative provisions in force to prohibit the use of the leghold trap;

  or

• the trapping methods used for the species listed in Annex I meet internationally agreed humane trapping standards.

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.

2. The prohibition referred to in paragraph 1 shall be suspended for one year, expiring on 31 December 1995, if the Commission, in accordance with the procedure laid down in Article 5, 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.

Article 4 U.K.

Countries exporting or re-exporting to the Community after 1 January 1995 any of the goods listed in Annex II, inasmuch as they incorporate pelts of the species listed in Annex I, shall certify that such pelts originate in a country appearing in the list referred to in the second paragraph of Article 3 (1) or benefiting from a suspension in accordance with Article 3 (2).

The Commission, in accordance with the procedure laid down in Article 5, shall determine the appropriate forms for such certification.

Article 5 U.K.

For the purposes of Article 3, the Commission shall be assisted by the committee established by Article 19 of Regulation (EEC) No 3626/82.

The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.

The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.

If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.

Article 6 U.K.

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, 4 November 1991.

For the Council

The President

H. Van Den Broek