ISSN 0378-6986 Official Journal C 26 Volume 35 of the European Communities 3 February 1992 English edition Information and Notices Notice No Contents Page I Information II Preparatory Acts Commission 92/C 26/01 Proposal for a Council Regulation laying down provisions with regard to pos­ session of and trade in specimens of species of wild fauna and flora 1 Price : ECU 14 3 . 2 . 92 Official Journal of the European Communities No . C 26/ 1 II (Preparatory Acts) COMMISSION Proposal for a council regulation laying down provisions with regard to possession of and trade in specimens of species of wild fauna and flora (92/C 26/01 ) COM(91) 448final — SYN 370 (Submitted by the Commission on 18 November 1991) THE COUNCIL OF THE EUROPEAN COMMUNITES, Whereas a great number of species , which are native to the Community, are subject to Community legislation Having regard to the Treaty establishing the European on their conservation , namely Council Directive 79/ Economic Community, and in particular Articles 100a 409/EEC of 2 April 1979 on the conservation of wild and 1 13 thereof, birds (3), as last amended by Directive 91 /244/EEC (4), and Council Directive .../.../EEC on the conservation Having regard to the proposal from the Commission , of natural habitats and of wild fauna and flora (5 ); whereas it is necessary to supplement this legislation In cooperation with the European Parliament, with measures relating to the possession of and trade in specimens of the species concerned ; Having regard to the opinion of the Economic and Social Committee, Whereas it is, in view of the establishment and func­ Whereas Regulation ( EEC) No 3626/82 ('), as last tioning of the internal market, necessary at Community amendedbyCommissionRegulation(EEC)Nol97/90(2), level to ensure that the internal trade measures con­ applied the Convention on international trade in cerned are uniformly applied ; endangered species of wild fauna and flora in the Community with effect from 1 January 1984 ; Whereas, in order to adequately protect species of wild Whereas a great number of species of wild fauna and fauna and flora and to avoid distortions of competi­ flora, including both species covered and species not tion , it is necessary to ensure that external trade mea­ covered by Regulation (EEC) No 3626/82 , are subject sures relating to them are uniformly applied throughout to trade levels which are not or may not be compatible the Community ; with their survival , with the survival of certain of their populations or with the maintenance of their popula­ tions at a level consistent with their role in the ecosys­ Whereas this Regulation should , however, not affect tems in which they occur ; the power of Member States to designate species of wild fauna and flora indigenous to their territories the Whereas it is necessary to provide more adequate pro­ possession of which shall be prohibited ; tection to species of fauna and flora in trade and to replace Regulation ( EEC) No 3626/82 by a Regulation which takes account of current nature conservation Whereas Article XXI of the Convention on interna­ techniques , trade control mechanisms and trade pat­ tional trade in endangered species of wild fauna and terns , and of technical and scientific knowledge flora was amended to allow accession to it by the acquired since its adoption ; ( 3 ) OJ No L 103,25.4 . 1979, p. 1 . (') OJNoL384, 31 . 12 . 1982, p . 1 . (4) OJ No LI 15 , 8 . 5 . 1991 , p. 41 ( 2 ) OJ No L29, 31 . 1 . 1990, p . 1 . ( 5 ) OJ No L No . C 26/2 Official Journal of the European Communities 3 . 2 . 92 Community as such ; whereas Article VIII of the Con­ cal threat to indigenous wildlife, the introduction into vention provides that the Parties are to take appropriate the Community of such specimens and the holding or measures to enforce the provisions of the Convention movement of them should be restricted ; and to prohibit trade in specimens of species of wild fauna and flora in violation thereof ; Whereas the existence of different levels of charges for processing permit and certificate applications could Whereas it is necessary to lay down criteria for the spe­ lead to distortions of competition within the Com­ cification of species of wild fauna and flora to be sub­ munity ; ject to the provisions of this Regulation ; Whereas the implementation of this Regulation neces­ Whereas , to ensure effective controls and to facilitate sitates that common conditions be applied for the customs procedures , customs offices should be desig­ issue , use and presentation of permits and certificates nated for the completion of procedures for trade with relating to the authorization of introduction into the third countries and holding facilities provided at such Community from third countries or from the sea and to places to ensure that live specimens are adequately export and re-export from the Community ; whereas it housed and cared for ; is necessary to lay down specific provisions relating to the transit of specimens through the Community ; Whereas the implementation of this Regulation also necessitates the designation of management and scien­ Whereas , in order to guarantee an effective protection tific authorities in the Member States ; of species of wild fauna and flora, the Commission should be able to establish further restrictions on the introduction into and the export from the Community of specimens of certain species ; Whereas , to ensure an effective enforcement of this Regulation , Member States should closely monitor compliance with its provisions and to that effect closely Whereas it is necessary to lay down specific provisions cooperate between themselves and with the Commis­ sion ; whereas this also necessitates the immediate com­ for the possession of and trade in captive-bred or artifi­ cially propagated specimens of wild fauna and flora ; munication of information on matters related to the implementation of this Regulation ; Whereas it is further necessary to envisage specific provisions relating to specimens of wild fauna and Whereas the monitoring of trade levels involving the flora which are personal or household effects and for species of wild fauna and flora covered by this Regula­ non-commercial loans , donations and exchanges tion is of crucial importance for the assessment of the between registered scientists and scientific institutions ; effects of trade on the conservation status of species , and detailed annual reports should be drawn up in a common format ; Whereas , to ensure that the restrictions on introduction into the Community and on the acquisition of speci­ mens within the Community are fully effective , rules Whereas , in order to ensure compliance with the provi­ must be drawn up concerning the conditions of internal sions of this Regulation , it is necessary that Member trade in specimens ; States take measures to ensure the imposition of sanc­ tions for infringements , which are of an appropriate level ; whereas the existence of major differences in the Whereas , to ensure the effective implementation and level of such sanctions would undermine the proper enforcement of restrictions on the movement of live enforcement of this Regulation and might further lead specimens of certain species listed, it is necessary to to a distortion of competition within the Community ; establish a registration system for such specimens ; Whereas it is necessary to adopt common rules for the Whereas the transport of live specimens into , from or seizure and the disposal of confiscated specimens ; within the Community as well as the housing of such specimens should take place in accordance with com­ mon rules ; Whereas the submission by Member States or the Com­ mission of proposals to amend the Convention and its Whereas , in order to prevent the introduction into Appendices in a way which would affect the imple­ nature of live specimens of species forming an ecologi­ mentation of this Regulation should be subject to the 3 . 2 . 92 Official Journal of the European Communities No . C 26/3 establishment of a common position on such propo­ are under severe threat of extinction and the survi­ sals ; whereas a common position is also required on val of which cannot be ensured without the appli­ such proposals submitted for approval by the confer­ cation of more stringent provisions than those nor­ ence of the Parties to the Convention by third parties ; mally applicable to specimens of species listed in Annex A ; Whereas it is essential to ensure the uniform applica­ tion of this Regulation and , to this end , to lay down a (e) dependent territories means the overseas countries Community procedure enabling the necessary imple­ and territories outside the territory of the Com­ menting provisions and amendments to the Annexes to munity to which the Convention applies and for be adopted within a suitable period ; whereas a com­ whose external relations a Member State is respon­ mittee must be set up to permit close and effective sible ; cooperation between the Member States and the Com­ mission in this field ; (f) domicile means , in the case of a natural person , the principal place of permanent residence, and, in the Whereas the multitude of biological and conservation case of a legal person , the place of its headquarters elements to be considered in the implementation of this or that of a subsidiary ; Regulation requires the availability of the best scien­ tific information and the discussion thereof at an (g) exportfrom the Community means the movement of appropriate scientific level ;