Article 3

United Kingdom

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.

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.

Annotations

Textual amendments

F1: 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)
F2: 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)
F3: 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)
F4: 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)
F5: 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)
F6: 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)
F7: 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)