Considerations on COM(2004)532 - Humane trapping standards for certain animal species

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dossier COM(2004)532 - Humane trapping standards for certain animal species.
document COM(2004)532 EN
date July 30, 2004
 
(1) In 1998 two agreements on international humane trapping standards were approved by the Community through Council Decision 98/142/EC of 26 January 1998 concerning the conclusion of an Agreement on international humane trapping standards between the European Community, Canada and the Russian Federation and of an Agreed Minute between Canada and the European Community concerning the signing of the said Agreement  i, and Council Decision 98/487/EC of 13 July 1998 concerning the conclusion of an International Agreement in the form of an Agreed Minute between the European Community and the United States of America on humane trapping standards  i. The commitments and obligations arising from those Agreements should therefore be implemented.



(2) The Agreements not only aim at ensuring that the international humane trapping standards are respected with regard to the technical characteristics of traps, but also that the methods used for the trapping of the nineteen concerned species comply with these humane trapping standards. Moreover, the humane trapping standards impose specific training for trappers.

(3) As humane traps have to be selective, efficient and in compliance with the relevant requirements for human safety, the application of these internationally agreed humane trapping standards will have a positive effect on the welfare of the trapped animals contributing to the protection of species of wild fauna both within and outside the Community. Ensuring a sufficient level of welfare of wild animals when trapped for wildlife management purposes and for the capture of those mammals for conservation should contribute to implementing the objectives of the Community's environment policy. More in particular, by so doing, the Community will contribute to a prudent, sustainable and rational utilisation of natural resources and promote measures at international level to deal with world-wide environmental problems.

(4) The effective application of humane trapping methods implies that traps must not only be certified as being in compliance with the humane trapping standards, but also, in accordance with these standards, be handled by trappers qualified to trap.

(5) Certification of traps should rely on prior testing. Testing and certification need not to be done by the same body or within the same State provided that both operations comply with the requirements of this Directive. Certified traps should be easily identifiable and information for their use in accordance with humane trapping standards should be made available. Conversely, the use of not certified traps should not be possible, except when expressly authorised in the general interest, on the expiry of a sufficient period of time enabling testing and certification to take place.

(6) Research to improve humane trapping standards should be encouraged and promoted.

(7) This Directive is without prejudice to more stringent Community legislation, and in particular 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  i. Thus all use of leghold traps will remain prohibited within the Community.


(8) This Directive is also without prejudice to Articles 12 and 15 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora  i.


(9) In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of this Directive to lay down rules implementing the obligations of the Community under the Agreements on international humane trapping standards as set out in Decisions 98/142/EC and 98/487/EC. This Directive does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty.

(10) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission  i,