Commission Regulation (EC) No 35/97Show full title

Commission Regulation (EC) No 35/97

of 10 January 1997

laying down provisions on the certification of pelts and goods covered by Council Regulation (EEC) No 3254/91

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to 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(1), and in particular Article 4 thereof,

Whereas, without prejudice to Council Regulation (EEC) No 3626/82(2), as last amended by Commission Regulation (EC) No 2727/95(3), Regulation (EEC) No 3254/91 can only be adequately implemented by means of certificates to be issued by competent authorities of exporting and re-exporting countries and by laying down the requirements for such certificates;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 5 of Regulation (EEC) No 3254/91,

HAS ADOPTED THIS REGULATION:

Article 1 U.K.

1. Pelts and other goods referred to in Article 3 (1) of Regulation (EEC) No 3254/91 shall only be authorized to be assigned to a customs procedure other than [F1 a transit procedure] which is intended to convey them outside the [F2 United Kingdom], when they are from animals:

(a) that were caught in [F3 an approved country or the United Kingdom]; or

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) that were born and bred in captivity.

2. For the purpose of paragraph 1, the importer or his authorized representative [F5 must, on the importation of goods into the United Kingdom, present to the border customs office a certificate] which has been issued by a competent authority of the exporting or re-exporting country.

[F6 3. In this Article, “an approved country”, in relation to the pelts of any species (and goods incorporating such pelts) means a country listed in the Annex to Council Decision 97/602/EC concerning the list referred to in the second subparagraph of Article 3(1) of Regulation (EEC) No 3254/91 and in Article 1(1)(a) of Commission Regulation (EC) No 35/97.]

Textual Amendments

F1 Words in Art. 1(1) substituted (31.12.2020) by The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/16), regs. 1, 3(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 1(1) substituted (31.12.2020) by The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/16), regs. 1, 3(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 1(1)(a) substituted (31.12.2020) by The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/16), regs. 1, 3(2)(a)(iii) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 4(3)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 1(1)(b) 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, 3(2)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 1(2) substituted (31.12.2020) by The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/16), regs. 1, 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 1(3) inserted (31.12.2020) by The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/16), regs. 1, 3(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K.

1. The forms on which the certificate referred to in Article 1 (2) is drawn up shall conform to the model [F7 which at the date of importation is for the time being specified by the Secretary of State]. They shall be printed and completed in [F8 English] of the Community. If necessary, a translation into another Community language may be required.

2. The paper of the forms shall be white and weigh at least 55 g/m². The size of the forms shall be approximately 210 x 297 millimetres.

F9 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10 4. The Secretary of State must publish the model forms referred to in paragraph 1 in a manner which the Secretary of State considers appropriate.]

Textual Amendments

F7 Words in Art. 2(1) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 11(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Word in Art. 2(1) substituted (31.12.2020) by The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/16), regs. 1, 3(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 2(3) 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, 3(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 2(4) inserted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 11(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K.

1. The provisions of Article 1 shall not apply:

• to finished goods covered by a procedure for temporary admission and which are not for sale in the [F11 United Kingdom] but are intended for [F12 export or] re-export, nor,

• to finished goods for personal and private use, nor

• to cases where pelts and goods manufactured therefrom are being reintroduced into the [F11 United Kingdom] following an outward processing procedure and proof is given that they were processed from pelts or goods previously exported or re-exported from the [F11 United Kingdom].

2. Where the introduction into the [F13 United Kingdom] of the pelts and goods covered by Regulation (EEC) No 3254/91 is also subject to the prior presentation of an import document under [F14 Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein], such a document shall be issued only if the pelts or goods concerned meet the requirements of both Regulations. Where an import document provided for in [F15 Council Regulation (EC) No 338/97] is thus issued, it shall be accepted in lieu of the certificate referred to in Article 1 (2) of this Regulation.

Textual Amendments

F11 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, 3(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 3(1) inserted (31.12.2020) by The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/16), regs. 1, 3(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 3(2) substituted (31.12.2020) by The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/16), regs. 1, 3(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 3(2) substituted (31.12.2020) by The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/16), regs. 1, 3(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 3(2) substituted (31.12.2020) by The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/16), regs. 1, 3(4)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F16 Article 4 U.K.

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

Textual Amendments

F16 Art. 4 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, 3(5); 2020 c. 1, Sch. 5 para. 1(1)

F17 ...

Done at Brussels, 10 January 1997.

For the Commission

Ritt Bjerregaard

Member of the Commission

Textual Amendments

F17 Words in Signature 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, 3(6); 2020 c. 1, Sch. 5 para. 1(1)

F18 ANNEX U.K.

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

Textual Amendments

F18 Annex 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, 3(7); 2020 c. 1, Sch. 5 para. 1(1)

(1)

OJ No L 308, 9. 11. 1991, p. 1.

(2)

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

(3)

OJ No L 284, 28. 11. 1995, p. 3.