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 1U.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 [F1a transit procedure] which is intended to convey them outside the [F2United Kingdom], when they are from animals:

(a)that were caught in [F3an 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 [F5must, 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.

[F63.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

F1Words 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)

F2Words 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)

F3Words 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)

F4Art. 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)

F5Words 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)

F6Art. 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 2U.K.

1.The forms on which the certificate referred to in Article 1 (2) is drawn up shall conform to the model [F7which at the date of importation is for the time being specified by the Secretary of State]. They shall be printed and completed in [F8English] 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.

F93.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F104.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

F7Words 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)

F8Word 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)

F9Art. 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)

F10Art. 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 3U.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 [F11United Kingdom] but are intended for [F12export 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 [F11United 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 [F11United Kingdom].

2.Where the introduction into the [F13United 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 [F14Council 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 [F15Council 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.