Legal provisions of COM(2004)532 - Humane trapping standards for certain animal species - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(2004)532 - Humane trapping standards for certain animal species. |
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document | COM(2004)532 ![]() |
date | July 30, 2004 |
Contents
- Article 1 - Subject matter and scope
- Article 2 - Definitions
- Article 3 - Competent authorities
- Article 4 - Use of traps
- Article 5 - Trapping methods
- Article 6 - Derogations
- Article 7 - Certification
- Article 8 - Trappers
- Article 9 - Manufacturers
- Article 10 - Research
- Article 11 - Penalties
- Article 13 - Committee
- Article 14 - Implementing measures and amendments
- Article 15 - Relationship with national law
- Article 16 - Transposition
- Article 17 - Entry in force
- Article 18 - Addressees
Article 1 - Subject matter and scope
2. This Directive concerns traps used for the trapping of the wild mammals listed in Annex I for the purposes of wildlife management, pest control, capture of mammals for conservation and obtaining fur, skin or meat.
Article 2 - Definitions
1. Ttraps means mechanical capturing devices designed for killing or restraining animals of the species set out in Annex I;
2. Trapping methods means traps and their setting conditions, such as target species, positioning, lure, bait and natural environmental conditions;
3. Restraining trapping methods means traps designed and set with the intention of not killing a trapped animal, but restraining its movements to such an extent that a human can make direct contact with it;
4. Killing trapping methods means traps designed and set with the intention of killing a trapped animal;
5. Trapper means a person who is authorised by the competent authority of a Member State to use traps for trapping the animal species listed in Annex I;
Article 3 - Competent authorities
2. Member States shall inform the Commission of the names and addresses of the competent authorities by 31 December 2005 at the latest. The Commission shall inform the other Member States thereof and publish a list of the competent authorities in the Official Journal of the European Union. The same procedure shall apply to any changes to the list of competent authorities.
Article 4 - Use of traps
2. Member States may permit within their territories the use of traps certified in a third country in accordance with the humane trapping standards. Member States shall state the reasons for any refusal to do so and notify in writing the third country of certification and the Commission.
Article 5 - Trapping methods
2. A restraining trapping method shall be considered humane if the following conditions are fulfilled:
(a) the number of specimens of the same target species from which the data are derived is at least 20;
(b) at least 80 % of the animals referred to in point (a) show none of the indicators listed in point 2.2 of Annex II.
3. A killing trapping method shall be considered humane if the following conditions are fulfilled:
(a) the number of specimens of the same target species from which the data is derived is at least 12;
(b) at least 80 % of the animals referred to in point (a) are unconscious and insensible within the time limits set out in point 3.2 of Annex II, and remain in this state until death.
Article 6 - Derogations
(a) the interests of public health and safety;
(b) protection of public and private property;
(c) research, education, repopulation, reintroduction, breeding or for the protection of fauna and flora;
(d) using traditional wooden traps essential for preserving cultural heritage of indigenous communities;
(e) using of a particular trap for specific species or under specific environmental conditions on a temporary basis for a reasonable time defined by the competent authorities while research continues to identify replacement traps;
(f) allowing, on a case by case basis, individuals to construct and use traps which comply with designs approved by the competent authorities.
2. A derogation granted in accordance with paragraph 1 shall be accompanied by written reasons and any conditions applicable to it.
3. The competent authority shall notify the Commission of any derogation granted and the written reasons and conditions relating thereto.
Article 7 - Certification
2. Member States shall ensure that a standard certification document is delivered in respect of any traps, the use of which has been permitted under Article 4(1).
3. Without prejudice to national prohibitions relating to the use of traps, a standard certification document delivered by the competent authority of another Member State in accordance with this Directive shall be recognised as a valid certificate in the other Member States.
4. The competent authority shall indicate on the standard certification document, as appropriate, any specific conditions and restrictions for the use of the trap.
5. Before certifying a trap the competent authority shall ensure that the entity or body responsible for the testing has applied the technical provisions for the testing of trapping methods set out in Annex III and has provided the competent authority with a report in accordance with point 1.6 of that Annex.
Article 8 - Trappers
Article 9 - Manufacturers
Article 10 - Research
Article 11 - Penalties
Article12
Communication of information
1. Member States and the Commission shall communicate to one another the information necessary for implementing this Directive.
2. Member States shall ensure that the necessary steps are taken to make the public aware of the measures adopted pursuant to this Directive
Article 13 - Committee
OJ L 61, 3.3.1997, p. 1.
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.
3. The Committee shall adopt its rules of procedure.
Article 14 - Implementing measures and amendments
(a) the notifications referred to in Article 4(2) and 6(1);
(b) the communication of information referred to in Article 12;
(c) the drawing up of a standard certification document for the purpose of Article 7.
The Commission shall, where necessary, and in accordance with the procedure referred to in Article 13(2), adopt additional implementing measures.
2. Whenever the Annexes to the Agreement and Agreed minutes referred to in Decision 98/142/EC and 98/487/EC are amended, the Commission shall in accordance with the procedure referred to in Article 13(2) amend the Annexes to this Directive accordingly.
Article 15 - Relationship with national law
Article 16 - Transposition
They shall apply those provisions from 1 January 2006.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to
be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 17 - Entry in force
Article 18 - Addressees