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, and in particular Article 4 thereof,
OJ No L 308, 9. 11. 1991, p. 1.
Whereas, without prejudice to Council Regulation (EEC) No 3626/82, as last amended by Commission Regulation (EC) No 2727/95, 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;
OJ No L 384, 31. 12. 1982, p. 1.
OJ No L 284, 28. 11. 1995, p. 3.
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 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 a transit procedure which is intended to convey them outside the United Kingdom, when they are from animals:
(a) that were caught in an approved country or the United Kingdom; or
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)
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)
(c) that were born and bred in captivity.
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)
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)
2. For the purpose of paragraph 1, the importer or his authorized representative 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.
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)
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.
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 1. The forms on which the certificate referred to in Article 1 (2) is drawn up shall conform to the model which at the date of importation is for the time being specified by the Secretary of State. They shall be printed and completed in English of the Community. If necessary, a translation into another Community language may be required.
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)
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)
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.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)
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.
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 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 United Kingdom but are intended for 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 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 United Kingdom.
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)
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)
2. Where the introduction into the 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 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 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.
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)
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)
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)
Article 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)
...
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)
Done at Brussels, 10 January 1997.
For the Commission
Ritt Bjerregaard
Member of the Commission
ANNEX . . . . . . . . . . . . . . . . . . . .
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)