Speaking after the FACE General Assembly, FACE President Torbjörn Larsson announced: “Today there was an extremely clear reaction from all FACE members, representing the 7 million European hunters, who expressed the their dissatisfaction with the decision of the REACH committee of 3 September 2020 ″. The following statement was adopted unanimously:
Having regard to the decision of 3 September 2020 with which the REACH committee approved the draft Commission regulation amending Annex XVII to REACH by prohibiting the use and transport of lead shot within or within 100 meters of wetlands; Affirming its support for the phasing out of the use of lead shot in wetlands in line with its revised position on lead in ammunition adopted on 7 September 2020 at the FACE General Assembly; Noting with great concern that the representatives of the Member States in the REACH Committee and the European Commission have failed to respect the fundamental legal rights of citizens within the proposal;
At the FACE General Assembly on 7 September 2020, European hunters: Denounce that their basic legal rights have been violated. They argue that the presumption of innocence, which is a fundamental right under Community and national law, is not respected in the proposal as regards the prohibition of the possession of lead shot. They are deeply baffled that hunters and security officers will face widespread legal uncertainty regarding:
o The vague definition of wetland, which includes small, temporary puddles and bogs with no visible water;
o The buffer zones of 100 meters around any wetland;
o Prohibition of possession of lead shot.
They are further disappointed that the advice of the ECHA Enforcement Forum and ECHA's Committee for Socio-Economic Analysis itself was ignored, which had clearly highlighted major issues on the proposed definition of wetlands and the 'ownership / transport' of lead shot during hunting.
They strongly urge the Legal Service of the European Parliament and the Legal Service of the Council to give a legal opinion on the proposal, in particular as regards the following key aspects of EU international law and human rights:
o principle of attribution and whether the proposal exceeds EU competence;
o legal certainty;
o annulment of the traditional rights of due process, or the presumption of innocence and the burden of proof;
o unprecedented expansion of the scope of REACH, considering that this is the first occasion in which a REACH decision proposes to limit "consumers" (i.e. hunters) regarding the use and transport of lead shot for firing indoors and on wetlands;
o the principle of proportionality;
They call on Members of the European Parliament and the Council of the EU to reject the REACH Committee proposal on the basis of its illegality, inapplicability and disproportionality to ensure that issues are properly re-examined within the REACH Committee. They once again express their commitment to work with European and national institutions to ensure that the use of lead shot for hunting in wetlands is phased out in an effective and understandable way for European hunters and security officers.