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: