Commercial Information Circulars

Ref : CR EIC 230/2/10/IV

6 September 1997

Commercial Information Circular No. 139/97

European Union (EU) : Regulation Prohibiting Leghold Traps and
Imports of Pelts and Manufactured Goods of Certain Wild Animal Species

The EU will enforce the import ban on fur and fur-related products covered under the EU's Regulation prohibiting leghold traps and imports of pelts and manufactured goods of certain wild animal species caught by leghold traps (the Regulation) as from 1 December 1997.

Details

The Regulation

2. In November 1991, the EU adopted a Council Regulation prohibiting the use of leghold traps in the Community and the import of manufactured goods of certain species of wild animals into the EU unless the producer countries have either prohibited the use of leghold traps or ensured that their trapping methods meet internationally agreed humane trapping standards. The list of fur products subject to the ban is at Annex I.

Hurdles on Implementation

3. In view of the absence of humane trapping standards and strong oppositions from Canada, Russia and the US, the European Commission has postponed the implementation of the import ban twice to 1 January 1997. The ban is now technically in force. However, the European Commission has informed Member States that implementation of the import ban was for the time being impracticable and requested them not to take any customs action to disrupt trade in the goods concerned. The Netherlands is the only Member State which has unilaterally implemented the import ban on 1 January 1996.

Implementation

4. In order to enforce the ban effectively, the European Commission has to impose a certification requirement on countries to be exempted from the ban. Specifically, importers are required to surrender to border customs office a certificate issued by a competent authority of the exporting and re-exporting countries certifying the origin of the prohibited fur when they are from animals -
   1. that were caught in the exempted country;
       
   2. that were caught in an EU Member State;
       
   3. or that were born and bred in captivity.
       
5. As regards paragraph 4(a), the European Commission published a list of exempted countries (see Annex II) on 4 September 1997. These countries are exempted from the ban since they are not using leghold traps or their trapping methods meet internationally agreed humane trapping standards. The list covers 23 countries which include Canada, China and Russia.
6. The certification requirement will take effect on the first day of the third month following publication of the exempted country list. This means that the ban will be effectively enforced on 1 December 1997.

Implications for Hong Kong

7. Exports and re-exports of the goods in question into the EU will be subject t a new certification requirement in order that they can be exempted from the ban. The Department is considering how best to facilitate the traders to comply with the new certification requirement.

Enquiries

8. For enquiries concerning the content of this circular, please contact the undersigned at telephone number 2398 5684.

Yours faithfully,

(Vincent WONG)
for Director-General of Trade

Note :
While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.

[A:\Eg074x.doc]
[A:\CI139x.doc]