No C 243/16 Official Journal of the European Communities 22. 9. 80 Proposal for a Council Regulation on the implementation in the Community of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Submitted by the Commission to the Council on 29 July 1980) THE COUNCIL OF THE EUROPEAN laying down restrictions and a strict control of inter- COMMUNITIES, national trade in specimens of endangered species of wild fauna and flora; Having regard to the Treaty establishing the Euro- pean Economic Community, and in particular Arti- Whereas the measures relating to the application of cle 113 thereof, the Convention to trade must not affect the free movement of products within the Community and, as Having regard to the proposal from the Commis- a result, these measures should apply only to trade sion, with third countries; Having regard to the opinion of the European Parlia- Whereas the existence of non-harmonized national ment, implementing measures implies a risk that distortions of competition within the Community could arise; Having regard to the opinion of the Economic and Social Committee, Whereas the Convention concerns animals and Whereas a Convention on International Trade in En- plants, whether living or dead, and readily recogniz- dangered Species of Wild Fauna and Flora was able parts and derivatives thereof; whereas, to make opened for signature on 3 March 1973; whereas this the application of the Convention effective, a com- Convention is intended to protect endangered spe- mon list of the most important parts and derivatives cies of wild fauna and flora by regulating interna- must be drawn up and the conditions under which tional trade in these species and in readily recogniza- other goods fall within the scope of this Regulation ble parts and derivatives thereof; must be laid down; Whereas this Convention has been signed by all Whereas knowledge on the state of conservation of Member States and entered into force on 1 July 1975; most cetaceans is inadequate; whereas for the protec- whereas five Member States have already ratified the tion of cetaceans stricter measures should be taken Convention and ratification procedures are in pro- than those provided for in the Convention; gress in the other Member States; whereas the Mem- ber States which have ratified the Convention have Whereas, in order to apply the Convention, the intro- adopted implementing provisions; duction of a Community procedure for the issue and presentation of permits is required for the export, Whereas on 14 March 1977 the Council authorized reexport, import and introduction from the sea of the Commission to enter into negotiations for the specimens of the species listed in the Appendices to Community to accede to the Convention on Interna- the Convention; tional Trade in Endangered Species of Wild Fauna and Flora; Whereas, to ensure that prohibition of importation is fully effective, rules should be drawn up concerning Whereas the Council Resolution of 17 May 1977 on the conditions of trade in specimens of the species the continuation and implementation of a European shown in Appendix I to the Convention; Community policy and action programme on the en- vironment (!) stresses that the protection of wild fauna and flora is a matter for the Community as a Whereas the Member States must designate manage- whole and that implementation of the Convention on ment and scientific authorities and, where appro- International Trade in Endangered Species of Wild priate, other competent authorities, and define their Fauna and Flora is an important measure for protect- duties and powers; whereas permits must be issued in ing these species; accordance which standard conditions in order to obviate intra-Community controls; Whereas, to attain its objectives, this Convention mainly employs commercial policy instruments by Whereas, to simplify administrative formalities, the permits must conform to a standard model and serve (i) OJ No C 139, 13.6. 1977, p. 1. as a basis for recording trade statistics for the pur- 22. 9. 80 Official Journal of the European Communities No C 243/17 poses of the Convention; whereas, to make the statis- Article 1 tics complete, it is essential that administrative co- operation should be ensured between the Member The provisions of the Convention on International States and the Commission and that the Community Trade in Endangered species of Wild Fauna and permits should contain the requisite particulars; Flora, as set out in Annex A and hereinafter referred to as the Convention, shall apply throughout the Whereas, to facilitate both the issue of export and re- Community in accordance with the provisions of this export permits and the control procedure, the compe- Regulation. tent authorities of the Member States, at the request of the interested party, accompanied by supporting documents, should issue standard certificates stating Article 2 that a given specimen entered the territory covered by this Regulation in accordance with the provisions The specimens subject to the Regulation are: of the Convention before the entry into force of the Regulation or was acquired before the provisions of (a) any animal or plant, whether alive or dead, of the Convention applied to that specimen or that a the species listed in Appendix I to the Conven- specimen was bred in captivity or artificially propa- tion, any part or derivative of these animals or gated; plants listed in Annex B, as well as any other goods which appear from an accompanying Whereas certain imported specimens sent to another document, the packaging or a mark or label to Member State must arrive at a prescribed destina- be parts or derivatives of these animals or tion; plants; (b) any animal or plant, whether alive or dead, of Whereas it is necessary to provide for exemptions the species listed in Appendix II to the Conven- from the obligation to present a trading permit to the tion, any part or derivative of these animals or customs service in specific cases; plants listed in Annex B, as well as any other goods which appear from an accompanying Whereas, to facilitate customs procedures, there must document, the packaging or a mark or label to be provision to permit Member States to designate be parts or derivatives of animals of these one or more places of entry and exit where the goods species; in question must be presented; (c) any animal or plant, whether alive or dead, of the species listed in Appendix III to the Conven- Whereas the marks, seals and stamps used to identify tion and any part or derivative of these animals goods must conform to standard models in order to or plants listed in Annex B. facilitate controls; Whereas the reports required by the Convention must cover the entire Community and must therefore Article 3 be transmitted to the Secretariat of the Convention by the Commission; For purposes of their introduction into the Commu- nity, the whale products listed in point 7 of Annex B Whereas the conservation of endangered species still shall be considered as specimens of the species listed raises problems calling for scientific activity and in Appendix I to the Convention. whereas this activity must also permit assessment of the measures taken; whereas methods must also be developed for monitoring trade in certain parts and derivatives obtained from these species; Article 4 Whereas it is essential to ensure the uniform applica- tion of the provisions of this Regulation and to intro- 1. The introduction into the Community of speci- duce to this end a Community procedure for adopt- mens covered by Articles 2 and 3 shall be subject to ing the necessary implementing provisions within a the presentation of the permit provided for in Arti- suitable period; whereas a committee on this subject cle 9 below at the customs office at which the customs must be set up to permit close and effective coopera- formalities in respect of the regime under which the tion between the Member States and the Commis- specimens are being placed are completed. sion, 2. The despatch to destinations outside the Com- munity of specimens referred to in Article 2 shall be subject to presentation of the permit provided for in Article 9 at the customs office where the relevant cus- HAS ADOPTED THIS REGULATION: toms formalities are carried out. No C 243/18 Official Journal of the European Communities 22. 9. 80 3. Customs offices at which such permits are pre- 2. Permits and certificates as referred to in this sented in accordance with the provisions of para- Regulation issued by a Member State shall be valid graphs 1 and 2 shall forward the said permits to the throughout the Community. management authority of the State in which they are situated. 3. Applications for import permits FF1 referred to 4. By derogation from the provisions of paragraphs in Article 9(1) shall be submitted to the management 1 and 2 where specimens of the kind here envisaged authority responsible for the place of destination of are introduced into the Community and are put into the specimen. a customs transit procedure, deposited in a customs warehouse or placed in a free zone, presentation to 4. Applications for permits FF4 for the intro- the appropriate customs service of a permit of the duction of specimens from the sea, as referred to in type referred to in Article 9 shall not be required, Article 9 (3), shall be submitted to the management provided that an export permit for the specimens has authority reponsible for the place of introduction of been issued by the management authority of the ex- the specimen. porting State and is presented to the customs service concerned. 5. Application for export permits FF3 and re- export permits FF3 for live specimes referred to in Article 5 Article 9 (4) shall be submitted to the management authority of the Member State in whose territory the specimen is located.