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Having Regard to the Proposal from the Commis Endangered Species of Wild Fauna and Flora

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Having Regard to the Proposal from the Commis Endangered Species of Wild Fauna and Flora 31 . 12 . 82 Official Journal of the European Communities No L 384/ 1 I (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 3626/82 of 3 December 1982 on the implementation in the Community of the Convention on international trade in endangered species of wild fauna and flora THE COUNCIL OF THE EUROPEAN Whereas, to attain its objectives, the Convention COMMUNITIES, mainly employs commercial policy instruments by laying down restrictions on and a strict control of international trade in specimens of endangered Having regard to the Treaty establishing the Euro­ species of wild fauna and flora ; pean Economic Community, and in particular Article 235 thereof, Whereas, in order to protect endangered species of wild fauna and flora, it is necessary at Community Having regard to the proposal from the Commis­ level to ensure that certain commercial policy sion (*), instruments to be employed under the Convention are uniformly applied ; whereas, because of its Having regard to the opinion of the European scope, this Regulation should not affect national Parliament (2), powers to adopt protective measures of a different nature ; Having regard to the opinion of the Economic and Social Committee (3), Whereas the measures relating to the application of the Convention to trade must not affect the free Whereas a Convention on international trade in movement of products within the Community and endangered species of wild fauna and flora (here­ must apply only to trade with third countries ; inafter referred to as 'the Conventon') was opened for signature on 3 March 1973 ; whereas the Con­ Whereas the existence of national implementing vention is intended to protect endangered species measures which were not uniform might lead to of wild fauna and flora by regulating international distortions of competition within the Community ; trade in these species and in readily recognizable parts and derivatives thereof; Whereas the Convention concerns animals and plants, whether alive or dead, and readily recogniz­ Whereas the resolution of the Council of the Euro­ able parts and derivatives thereof; whereas, to pean Communities and the representatives of the make the application of the Convention effective, a Governments of the Member States, meeting within common list of the most important parts and the Council, of 17 May 1977 on the continuation derivatives must be drawn up and the conditions and implementation of a European Community under which other goods fall within the scope of policy and action programme on the environ­ this Regulation must be laid down ; ment ^) stresses that the protection of wild fauna and flora is a matter which concerns the Commu­ Whereas the state of conservation of certain species nity and that implementation of the Convention is makes desirable the adoption by the Community of an important measure for protecting these species ; stricter conservation measures than those laid down in the Convention ; Whereas in certain cases it may be necessary, in (!) OJ No C 243, 22 . 9 . 1980, p . 16 . order to permit the most effective conservation (2) OJ No C 327, 14 . 12 . 1981 , p. 105 . possible of wild flora and fauna, for Member States to maintain or take, in compliance with the (3) OJ No C 138, 9 . 6 . 1981 , p. 5 . Treaty, stricter measures than those laid down in (4) OJ No C 139, 13 . 6 . 1977, p. 1 . this Regulation ; No L 384/2 Official Journal of the European Communities 31 . 12 . 82 Whereas implementation of this Regulation necessi­ applied uniformly throughout the Community; tates the introduction of a Community procedure whereas, since the Treaty has not provided the for the issue and presentation of permits for the necessary specific powers, recourse must be had to export, re-export, import and introduction from the Article 235 thereof, sea of specimens of the species covered by the Convention ; whereas implementation of this Regu­ lation also involves the designation of management and scientific authorities in the Member States; HAS ADOPTED THIS REGULATION: Whereas, to ensure that the prohibition of importa­ tion is fully effective, rules should be drawn up concerning the conditions of trade in specimens of Article 1 the species listed in Appendix I to the Convention and in Part 1 of Annex C to this Regulation ; The Convention, as set out in Annex A, shall apply throughout the Community under the conditions Whereas certain imported specimens sent to laid down in the following Articles . another Member State must undergo a specific check as to their place of destination ; The objectives and principles of the Convention shall be respected in the application of this Regula­ tion . Whereas, in order to simplify the formalities relat­ ing to the introduction, into the Community, of the species listed in Appendices II and III to the Article 2 Convention that are not contained in Annex C to this Regulation, it seemed possible to give Member The specimens to which this Regulation applies States the option of applying a simpler procedure are: than that of import permits ; (a) any animal or plant, whether alive or dead, of the species listed in Appendix I to the Conven­ Whereas, to facilitate customs procedures, there tion, any part or product of animals or plants must be provision to permit Member States to of these species which are listed in Annex B to designate one or more places of entry and exit this Regulation, as well as any other goods where the goods in question must be presented ; which appear from an accompanying docu­ ment, the packaging or a mark or label, or from any other circumstances, to be parts or Whereas the marks, seals and stamps used to iden­ derivatives of animals or plants of these tify goods must conform to standard models in species ; order to facilitate controls ; (b) any animal or plant, whether alive or dead, of the species listed in Appendix II to the Con­ Whereas the conservation of endangered species vention, any part or product of animals or still raises problems calling for scientific work; plants of these species which are listed in whereas this work will also make it possible Annex B to this Regulation, as well as any to assess the effectiveness of the measures taken ; other goods which appear from an accompany­ whereas methods must also be developed for moni­ ing document, the packaging or a mark or toring trade in certain parts and derivatives of label, or from any other circumstances, to be these species ; parts or derivatives of animals of these species ; Whereas it is essential to ensure the uniform appli­ (c) any animal or plant, whether alive or dead, of cation of this Regulation and to lay down to this the species listed in Appendix III to the Con­ end a Community procedure enabling the neces­ vention and any part or product of animals or sary implementing provisions to be adopted within plants of these species which are listed in a suitable period ; whereas a committee must be set Annex B to this Regulation . up to permit close and effective cooperation bet­ ween the Member States and the Commission in this field ; Article 3 Whereas the aims of the Convention coincide with some of the Community's environmental objectives 1 . The specimens of species listed in Part 1 of as set out in the environmental action programmes ; Annex C shall be considered as specimens of the whereas the rules of the Convention should be species listed in Appendix I to the Convention . 31 . 12 . 82 Official Journal of the European Communities No L 384/3 2 . The introduction into the Community of Directive 79/409/EEC of 2 April 1979 on the specimens of species listed in Part 2 of Annex C conservation of wild birds (*) : shall require an import permit in accordance with Article 10 ( 1 ) (b). (a) the specimens entered, in accordance with the Convention and before this Regulation came into force, the territory to which this Regula­ Article 4 tion applies ; Amendments which are necessary to make to (b) the specimens of an animal or plant species Appendices I, II and III to the Convention and to were bred in captivity or artificially propa­ Annex B to this Regulation as a consequence of gated, or are parts of such animals or plants or amendments that have been decided on by the derived therefrom ; parties to the Convention and agreed to by the Community, as well as any additions to Annex B, (c) the specimens are intended for research, teach­ shall be made in accordance with the procedure ing, breeding or propagation purposes ; prescribed in Article 21 (2) and (3). (d) specimens originating from a Member State were removed from the natural state under legal provisions in force in that Member State Article 5 or with the approval of the competent authori­ ties of that Member State ; 1 . The introduction into the Community of specimens covered by Articles 2 and 3 shall be (e) the specimens entered, in accordance with the subject to presentation of an import permit or Convention and after this Regulation came into import certificate provided for in Article 10 at the force, the territory to which this Regulation customs office at which the customs formalities are applies and were not used for purposes essen­ completed . tially commercial in nature . 2 . The export or re-export to destinations out­ 2 . The prohibitions referred to in paragraph 1 side the Community of the specimens referred to in shall also apply to the specimens referred to in Article 2 shall be subject to presentation of the Article 2 (b) and (c) which are not covered by document provided for in Article 10 (3) at the paragraph 1 if they were introduced in violation of customs office at which the customs formalities are Article 5 .
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