9.11. 91 : Official Journal of the European Communities ) No L 308/1 (Acts whose publication is obligatory) 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 THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Bconomic Community, and in particular Article 113 and Article 130s thereof, . Haviﬁg regard to the proposal from the Commission ('), Having regard to the opinion of the European Parlia- ment (9, Having regard to the opinion of the Economic and Social Committee (%), Whereas the Berne Convention of 19 September 1979 on the Conservation of European Wildlife and Natural Habi- tats, concluded by the European Economic Community by Decision 82/72/EEC (%), prohibits for certain species, the use of all indiscriminate means of capture and killing including traps, if the latter are applied for large-scale or non-selective capture or killing, Whereas the abolition of the leghold trap will have a positive effect on the conservation status of threatened or endangered species of wild fauna both within and outside the Community, including species protected by Regula- tion (EEC) No 3626/82(%); whereas research into the development of humane trapping methods is already in progress and whereas the Community will take into account the work being carried out by the International Standardization Organization ; Whereas, in order adequately to protect species of wild fauna and to avoid distortion of competition, it is neces- sary to ensure that external trade measures relating to them are uniformly applied throughout the Community ; Whereas, therefore, the use of the leghold trap within the Community should be prohibited and measures should be ~ () OJ No C 134, 31. 5. 1989, p. § and OJ No C 97, 13. 4. 1991, p. 10. 3 O] No C 260, 15. 10. 1990, p. 24. () O] No C 168, 10. 7. 1990, p. 32. () OJ No L 38, 10. 2. 1982, p. 1. () OJ No L 384, 31. 12. 1982, p. 1. taken to enable the importation of furs of certain species to be prohibited when they originate in a country where the leghold trap is still used or where trapping methods do not meet internationally agreed humane trapping stan- dards, HAS ADOPTED THIS REGULATION : Article 1 For the purposes of this Regulation: ‘leghold trap’: means a device designed to restrain or capture an animal by means of jaws which close tightly upon one or more of the animal’s limbs, thereby preventing withdrawal of the limb or limbs from the trap. Article 2 Use of leghold traps in the Community shall be prohib- ited by 1 January 1995 at the latest. Article 3 1. The introduction into the Community of the pelts of the animal species listed in Annex I and of the other goods listed in Annex II, inasmuch as they incorporate pelts of the species listed in Annex 1, shall be prohibited as of 1 January 1995, unless the Commission, in accordance with the procedure laid down in Article §, has determined that, in the country where the pelts originate : — there are adequate administrative or legislative provi- sions in force to prohibit the use of the leghold trap ; or — the trapping methods used for the species listed in Annex I meet internationally agreed humane trapping standards.