Legal provisions of COM(2004)532 - Humane trapping standards for certain animal species

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2004)532 - Humane trapping standards for certain animal species.
document COM(2004)532 EN
date July 30, 2004

Article 1 - Subject matter and scope

1. This Directive establishes humane trapping standards, requirements for trapping methods, technical provisions for the testing of trapping methods and the certification of traps for trapping certain wild animal species.

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

For the purpose of this Directive the following definitions shall apply:

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

1. Each Member State shall designate one or more competent authorities responsible for the implementation of this Directive.

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

1. As from 1 January 2009, Member States shall ensure that traps to be put into use are in conformity with the humane trapping standards set out in Annex II and certified as such by the competent authorities.

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

1. As from 1 January 2012, Member States shall ensure that only trapping methods are used that are in accordance with the humane trapping standards set out in Annex II.

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

1. Provided that they are not applied in a manner that would undermine the aim of this Directive, derogations from the obligations in Article 4(1) and Article 5 may be granted by the competent authorities, on a case by case basis, for the following purposes:

(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

1. Where traps and their trapping methods have been tested and demonstrate their conformity with the humane trapping standards, Member States shall ensure that the competent authority certifies such traps.

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

Member States shall ensure that trappers receive specific training or have equivalent practical experience, competence and knowledge qualifying them to trap according to the humane trapping standards.

Article 9 - Manufacturers

Member States shall require manufacturers to identify certified traps and provide instructions for their appropriate setting, safe operation and maintenance.

Article 10 - Research

Member States shall promote and encourage research contributing towards improvement of the humane trapping standards and of the welfare of the trapped animal in accordance with the provisions in Annex IV.

Article 11 - Penalties

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by the date specified in Article 16(1) at the latest and shall notify it without delay of any subsequent amendment affecting them.

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

1. The Commission shall be assisted by the Committee established by Article 18 of Council Regulation (EC) No 338/97 (hereinafter referred to as 'the 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

1. Acting in accordance with the procedure referred to in Article 13(2), the Commission shall lay down uniform conditions and criteria for:

(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

Member States may maintain or introduce more stringent provisions than those laid down in this Directive for the protection of animals and animal species in Annex I. They shall inform the Commission of any such measures.

Article 16 - Transposition

1. Member States shall adopt and publish, by 31 December 2005 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

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

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 18 - Addressees

This Directive is addressed to the Member States.