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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

EU Regulation No 3254/1991 · Adopted 4 November 1991 · Extends to United Kingdom

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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 Commissionf1,

Having regard to the opinion of the European Parliamentf2,

Having regard to the opinion of the Economic and Social Committeef3,

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/EECf4, 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 3626/82f5; 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:

Annotations to the whole text

Footnotes

f1

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

f2

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

f3

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

f4

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

f5

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

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. 5Article 5
  6. 6Article 6 Repealed
  7. Signature
  8. Annex IList of species referred to in Article 3 (1)
  9. Annex IIOther goods referred to in Article 3 (1)

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.

2

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

3

1.

The introduction into the F1United Kingdom of the pelts of the animal species listed in Annex I and of the other goods listed in Annex II, F2where they incorporate pelts of the species listed in Annex I, shall be prohibited F3..., F4...:

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.

F52.

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

F6(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.

F7(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.

4

 F1For 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.

F2The 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.

5F1

(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)).

6F1

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

Signature

F1...

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 codeDescription
ex 4103Other 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 00Other
ex 4301Raw 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 00Of beaver, whole, with or without head, tail or paws
ex 4301 80Other furskins, whole, with or without head, tail or paws
ex 4301 80 50Of wild felines
ex 4301 80 90Other
ex 4301 90 00Heads, 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 19Other
ex 4302 19 10Of beaver
ex 4302 19 70Of wild felines
ex 4302 19 90Other
ex 4302 20 00Heads, tails, paws and other pieces or cuttings, not assembled
ex 4302 30Whole skins and pieces or cuttings thereof, assembled
ex 4302 30 10

‘Dropped’ furskins

Other

ex 4302 30 35Of beaver
ex 4302 30 71Of wild felines
ex 4302 30 75Other
ex 4303Articles of apparel, clothing accessories and other articles, of furskin
ex 4303 10Articles of apparel and clothing accessories
ex 4303 10 90Other
ex 4303 90 00Other