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 Commission1,
Having regard to the opinion of the European Parliament2,
Having regard to the opinion of the Economic and Social Committee3,
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/EEC4, 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 3626/825; 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

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

Use of leghold traps in F1Great Britain shall be prohibited by 1 January 1995 at the latest.

Article 3

1.

The introduction into the F2United Kingdom of the pelts of the animal species listed in Annex I and of the other goods listed in Annex II, F3where 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.

F62.

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

F73.

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.

F84.

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.

Article 4

 F9For 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.

F10The 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.

F11Article 5

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)).

F12Article 6

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

F13...

Done at Brussels, 4 November 1991.

For the Council

The President

H. Van Den Broek

ANNEX IList 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 IIOther 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