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Commission Regulation (EU) No 1320/2014 of 1 December 2014 amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein

EU Regulation No 1320/2014 · Adopted 1 December 2014 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Commission Regulation (EU) No 1320/2014

of 1 December 2014

amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade thereinf1, and in particular Article 19(5) thereof,

Whereas:

(1)

Regulation (EC) No 338/97 lists animal and plant species in respect of which trade is restricted or controlled. Those lists incorporate the lists set out in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (the Convention).

(2)

The following species have been included recently in Appendix III to the Convention: Dalbergia tucurensis (with annotation) at the request of Nicaragua; Antilope cervicapra, Boselaphus tragocamelus, Capra hircus aegagrus, Capra sibirica, Gazella bennettii, Pseudois nayaur, Axis porcinus, Herpestes edwardsi, Herpestes javanicus, Hyaena hyaena, Lophura leucomelanos, Pavo cristatus, Pucrasia macrolopha at the request of Pakistan; Quercus mongolica and Fraxinus mandshurica (both with annotation) at the request of the Russian Federation.

(3)

None of the Member States has entered a reservation in respect of any of those amendments.

(4)

The amendments made to Appendix III to the Convention therefore necessitate amendments to Annex C to Regulation (EC) No 338/97.

(5)

Lygodactylus williamsi is assessed as ‘Critically Endangered’ on the IUCN Red List and endemic to a small area in Tanzania. Collection for the international pet trade is reported to directly affect the species at a scale likely to threaten the population. The species is known to be traded within the Union, mainly as wild-sourced specimens, and is evidently in demand. Lygodactylus williamsi appears therefore to meet the criteria for listing in Annex B to Regulation (EC) No 338/97 in accordance with Article 3(2)(c)(i) of that Regulation. The Commission consulted with the United Republic of Tanzania regarding the potential inclusion of the species into Annex В to Regulation (EC) No 338/97. Lygodactylus williamsi should therefore be included in Annex B to that Regulation.

(6)

Bradypus pygmaeus was split from Bradypus variegatus in 2001. Due to an oversight, that species was not included in Appendix II to the Convention. That omission has been corrected on 20 November 2013, and Bradypus pygmaeus should now be included in Annex В to Regulation (EC) No 338/97.

(7)

Lophura leucomelanos should be deleted from Annex D as the species was included in Annex C.

(8)

Definitions of the terms ‘Extract’, ‘Finished products packaged and ready for retail trade’, ‘Powder’ and ‘Woodchips’ should be included in the ‘Notes on interpretation of Annexes A, B, C and D’, as those definitions were agreed at the 16th meeting of the Conference of the Parties to the Convention in March 2013.

(9)

The footnote for Agalychnis spp. should be deleted as the adoption of the Taxonomic Checklist of Amphibians listed in the Convention rendered the footnote superfluous.

(10)

The annotation for corals should be updated to make it consistent with the Appendices to the Convention.

(11)

Some editorial amendments have been made to the Annexes for reasons of clarity.

(12)

In view of the extent of the amendments it is appropriate, for reasons of clarity, to replace the Annex to that Regulation in its entirety.

(13)

Regulation (EC) No 338/97 should therefore be amended accordingly.

(14)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Trade in Wild Fauna and Flora established pursuant to Article 18(1) of Regulation (EC) No 338/97,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ L 61, 3.3.1997, p. 1.

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Annex Notes on interpretation of Annexes A, B, C and D
  5. 1Species included in Annexes A, B, C and D are referred to:
  6. 2Division 2
  7. 3Division 3
  8. 4Division 4
  9. 5The following abbreviations are used for plant taxa below the level of species:
  10. 6Division 6
  11. 7Division 7
  12. 8Division 8
  13. 9Division 9
  14. 10Division 10
  15. 11Division 11
  16. 12When a species is included in Annex A, B or C, all parts and derivatives of the species are also included in the same Annex unless the species is annotated to indicate that only specific parts and derivatives are included. In accordance with Article 2(t), the symbol ‘#’ followed by a number placed against the name of a species or higher taxon included in Annex B or C designates parts or derivatives which are specified in relation thereto for the purposes of this Regulation as follows:
  17. The terms and expressions below, used in annotations in these Annexes, are defined as follows:
  18. Extract
  19. Finished products packaged and ready for retail trade
  20. Powder
  21. Woodchips
  22. 14Division 14
  23. 15Division 15
  24. 16In respect of fauna species listed in Annex D, this Regulation shall apply only to live specimens and whole, or substantially whole, dead specimens except for taxa which are annotated as follows to show that other parts and derivatives are also covered:
  25. 17In respect of flora species listed in Annex D, this Regulation shall apply only to live specimens except for taxa which are annotated as follows to show that other parts and derivatives are also covered: