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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 COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 235 THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,
WHEREAS A CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA ( HEREINAFTER REFERRED TO AS " THE CONVENTION " ) WAS OPENED FOR SIGNATURE ON 3 MARCH 1973 ; WHEREAS THE CONVENTION IS INTENDED TO PROTECT ENDANGERED SPECIES OF WILD FAUNA AND FLORA BY REGULATING INTERNATIONAL TRADE IN THESE SPECIES AND IN READILY RECOGNIZABLE PARTS AND DERIVATIVES THEREOF ;
WHEREAS THE RESOLUTION OF THE COUNCIL OF THE EUROPEAN COMMUNITIES AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES , MEETING WITHIN THE COUNCIL , OF 17 MAY 1977 ON THE CONTINUATION AND IMPLEMENTATION OF A EUROPEAN COMMUNITY POLICY AND ACTION PROGRAMME ON THE ENVIRONMENT ( 4 ) STRESSES THAT THE PROTECTION OF WILD FAUNA AND FLORA IS A MATTER WHICH CONCERNS THE COMMUNITY AND THAT IMPLEMENTATION OF THE CONVENTION IS AN IMPORTANT MEASURE FOR PROTECTING THESE SPECIES ;
WHEREAS , TO ATTAIN ITS OBJECTIVES , THE CONVENTION MAINLY EMPLOYS COMMERCIAL POLICY INSTRUMENTS BY LAYING DOWN RESTRICTIONS ON AND A STRICT CONTROL OF INTERNATIONAL TRADE IN SPECIMENS OF ENDANGERED SPECIES OF WILD FAUNA AND FLORA ;
WHEREAS , IN ORDER TO PROTECT ENDANGERED SPECIES OF WILD FAUNA AND FLORA , IT IS NECESSARY AT COMMUNITY LEVEL TO ENSURE THAT CERTAIN COMMERCIAL POLICY INSTRUMENTS TO BE EMPLOYED UNDER THE CONVENTION ARE UNIFORMLY APPLIED ; WHEREAS , BECAUSE OF ITS SCOPE , THIS REGULATION SHOULD NOT AFFECT NATIONAL POWERS TO ADOPT PROTECTIVE MEASURES OF A DIFFERENT NATURE ;
WHEREAS THE MEASURES RELATING TO THE APPLICATION OF THE CONVENTION TO TRADE MUST NOT AFFECT THE FREE MOVEMENT OF PRODUCTS WITHIN THE COMMUNITY AND MUST APPLY ONLY TO TRADE WITH THIRD COUNTRIES ;
WHEREAS THE EXISTENCE OF NATIONAL IMPLEMENTING MEASURES WHICH WERE NOT UNIFORM MIGHT LEAD TO DISTORTIONS OF COMPETITION WITHIN THE COMMUNITY ;
WHEREAS THE CONVENTION CONCERNS ANIMALS AND PLANTS , WHETHER ALIVE OR DEAD , AND READILY RECOGNIZABLE PARTS AND DERIVATIVES THEREOF ; WHEREAS , TO MAKE THE APPLICATION OF THE CONVENTION EFFECTIVE , A COMMON LIST OF THE MOST IMPORTANT PARTS AND DERIVATIVES MUST BE DRAWN UP AND THE CONDITIONS UNDER WHICH OTHER GOODS FALL WITHIN THE SCOPE OF THIS REGULATION MUST BE LAID DOWN ;
WHEREAS THE STATE OF CONSERVATION OF CERTAIN SPECIES MAKES DESIRABLE THE ADOPTION BY THE COMMUNITY OF STRICTER CONSERVATION MEASURES THAN THOSE LAID DOWN IN THE CONVENTION ;
WHEREAS IN CERTAIN CASES IT MAY BE NECESSARY , IN ORDER TO PERMIT THE MOST EFFECTIVE CONSERVATION POSSIBLE OF WILD FLORA AND FAUNA , FOR MEMBER STATES TO MAINTAIN OR TAKE , IN COMPLIANCE WITH THE TREATY , STRICTER MEASURES THAN THOSE LAID DOWN IN THIS REGULATION ;
WHEREAS IMPLEMENTATION OF THIS REGULATION NECESSITATES THE INTRODUCTION OF A COMMUNITY PROCEDURE FOR THE ISSUE AND PRESENTATION OF PERMITS FOR THE EXPORT , RE-EXPORT , IMPORT AND INTRODUCTION FROM THE SEA OF SPECIMENS OF THE SPECIES COVERED BY THE CONVENTION ; WHEREAS IMPLEMENTATION OF THIS REGULATION ALSO INVOLVES THE DESIGNATION OF MANAGEMENT AND SCIENTIFIC AUTHORITIES IN THE MEMBER STATES ;
WHEREAS , TO ENSURE THAT THE PROHIBITION OF IMPORTATION IS FULLY EFFECTIVE , RULES SHOULD BE DRAWN UP CONCERNING THE CONDITIONS OF TRADE IN SPECIMENS OF THE SPECIES LISTED IN APPENDIX I TO THE CONVENTION AND IN PART 1 OF ANNEX C TO THIS REGULATION ;
WHEREAS CERTAIN IMPORTED SPECIMENS SENT TO ANOTHER MEMBER STATE MUST UNDERGO A SPECIFIC CHECK AS TO THEIR PLACE OF DESTINATION ;
WHEREAS , IN ORDER TO SIMPLIFY THE FORMALITIES RELATING TO THE INTRODUCTION , INTO THE COMMUNITY , OF THE SPECIES LISTED IN APPENDICES II AND III TO THE CONVENTION THAT ARE NOT CONTAINED IN ANNEX C TO THIS REGULATION , IT SEEMED POSSIBLE TO GIVE MEMBER STATES THE OPTION OF APPLYING A SIMPLER PROCEDURE THAN THAT OF IMPORT PERMITS ;
WHEREAS , TO FACILITATE CUSTOMS PROCEDURES , THERE MUST BE PROVISION TO PERMIT MEMBER STATES TO DESIGNATE ONE OR MORE PLACES OF ENTRY AND EXIT WHERE THE GOODS IN QUESTION MUST BE PRESENTED ;
WHEREAS THE MARKS , SEALS AND STAMPS USED TO IDENTIFY GOODS MUST CONFORM TO STANDARD MODELS IN ORDER TO FACILITATE CONTROLS ;
WHEREAS THE CONSERVATION OF ENDANGERED SPECIES STILL RAISES PROBLEMS CALLING FOR SCIENTIFIC WORK ; WHEREAS THIS WORK WILL ALSO MAKE IT POSSIBLE TO ASSESS THE EFFECTIVENESS OF THE MEASURES TAKEN ; WHEREAS METHODS MUST ALSO BE DEVELOPED FOR MONITORING TRADE IN CERTAIN PARTS AND DERIVATIVES OF THESE SPECIES ;
WHEREAS IT IS ESSENTIAL TO ENSURE THE UNIFORM APPLICATION OF THIS REGULATION AND TO LAY DOWN TO THIS END A COMMUNITY PROCEDURE ENABLING THE NECESSARY IMPLEMENTING PROVISIONS TO BE ADOPTED WITHIN A SUITABLE PERIOD ; WHEREAS A COMMITTEE MUST BE SET UP TO PERMIT CLOSE AND EFFECTIVE COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION IN THIS FIELD ;
WHEREAS THE AIMS OF THE CONVENTION COINCIDE WITH SOME OF THE COMMUNITY'S ENVIRONMENTAL OBJECTIVES AS SET OUT IN THE ENVIRONMENTAL ACTION PROGRAMMES ; WHEREAS THE RULES OF THE CONVENTION SHOULD BE APPLIED UNIFORMLY THROUGHOUT THE COMMUNITY ; WHEREAS , SINCE THE TREATY HAS NOT PROVIDED THE NECESSARY SPECIFIC POWERS , RECOURSE MUST BE HAD TO ARTICLE 235 THEREOF ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
THE CONVENTION , AS SET OUT IN ANNEX A , SHALL APPLY THROUGHOUT THE COMMUNITY UNDER THE CONDITIONS LAID DOWN IN THE FOLLOWING ARTICLES .
THE OBJECTIVES AND PRINCIPLES OF THE CONVENTION SHALL BE RESPECTED IN THE APPLICATION OF THIS REGULATION .
ARTICLE 2
THE SPECIMENS TO WHICH THIS REGULATION APPLIES ARE :
( A ) ANY ANIMAL OR PLANT , WHETHER ALIVE OR DEAD , OF THE SPECIES LISTED IN APPENDIX I TO THE CONVENTION , ANY PART OR PRODUCT OF ANIMALS OR PLANTS OF THESE SPECIES WHICH ARE LISTED IN ANNEX B TO THIS REGULATION , AS WELL AS ANY OTHER GOODS WHICH APPEAR FROM AN ACCOMPANYING DOCUMENT , THE PACKAGING OR A MARK OR LABEL , OR FROM ANY OTHER CIRCUMSTANCES , TO BE PARTS OR DERIVATIVES OF ANIMALS OR PLANTS OF THESE SPECIES ;
( B ) ANY ANIMAL OR PLANT , WHETHER ALIVE OR DEAD , OF THE SPECIES LISTED IN APPENDIX II TO THE CONVENTION , ANY PART OR PRODUCT OF ANIMALS OR PLANTS OF THESE SPECIES WHICH ARE LISTED IN ANNEX B TO THIS REGULATION , AS WELL AS ANY OTHER GOODS WHICH APPEAR FROM AN ACCOMPANYING DOCUMENT , THE PACKAGING OR A MARK OR LABEL , OR FROM ANY OTHER CIRCUMSTANCES , TO BE PARTS OR DERIVATIVES OF ANIMALS OF THESE SPECIES ;
( C ) ANY ANIMAL OR PLANT , WHETHER ALIVE OR DEAD , OF THE SPECIES LISTED IN APPENDIX III TO THE CONVENTION AND ANY PART OR PRODUCT OF ANIMALS OR PLANTS OF THESE SPECIES WHICH ARE LISTED IN ANNEX B TO THIS REGULATION .
ARTICLE 3
1 . THE SPECIMENS OF SPECIES LISTED IN PART 1 OF ANNEX C SHALL BE CONSIDERED AS SPECIMENS OF THE SPECIES LISTED IN APPENDIX I TO THE CONVENTION .
2 . THE INTRODUCTION INTO THE COMMUNITY OF SPECIMENS OF SPECIES LISTED IN PART 2 OF ANNEX C SHALL REQUIRE AN IMPORT PERMIT IN ACCORDANCE WITH ARTICLE 10 ( 1 ) ( B ) .
ARTICLE 4
AMENDMENTS WHICH ARE NECESSARY TO MAKE TO APPENDICES I , II AND III TO THE CONVENTION AND TO ANNEX B TO THIS REGULATION AS A CONSEQUENCE OF AMENDMENTS THAT HAVE BEEN DECIDED ON BY THE PARTIES TO THE CONVENTION AND AGREED TO BY THE COMMUNITY , AS WELL AS ANY ADDITIONS TO ANNEX B , SHALL BE MADE IN ACCORDANCE WITH THE PROCEDURE PRESCRIBED IN ARTICLE 21 ( 2 ) AND ( 3 ) .
ARTICLE 5
1 . THE INTRODUCTION INTO THE COMMUNITY OF SPECIMENS COVERED BY ARTICLES 2 AND 3 SHALL BE SUBJECT TO PRESENTATION OF AN IMPORT PERMIT OR IMPORT CERTIFICATE PROVIDED FOR IN ARTICLE 10 AT THE CUSTOMS OFFICE AT WHICH THE CUSTOMS FORMALITIES ARE COMPLETED .
2 . THE EXPORT OR RE-EXPORT TO DESTINATIONS OUTSIDE THE COMMUNITY OF THE SPECIMENS REFERRED TO IN ARTICLE 2 SHALL BE SUBJECT TO PRESENTATION OF THE DOCUMENT PROVIDED FOR IN ARTICLE 10 ( 3 ) AT THE CUSTOMS OFFICE AT WHICH THE CUSTOMS FORMALITIES ARE COMPLETED .
3 . CUSTOMS OFFICES AT WHICH PERMITS HAVE BEEN PRESENTED IN ACCORDANCE WITH PARAGRAPHS 1 AND 2 SHALL FORWARD THE PERMITS TO THE MANAGEMENT AUTHORITY OF THE MEMBER STATE IN WHICH THEY ARE SITUATED .
4 . BY WAY OF DEROGATION FROM PARAGRAPHS 1 AND 2 , WHERE SPECIMENS ARE BROUGHT INTO THE COMMUNITY AND PLACED UNDER EITHER A CUSTOMS TRANSIT PROCEDURE OR A TEMPORARY STORAGE PROCEDURE , PRESENTATION TO THE APPROPRIATE CUSTOMS SERVICE OF THE PERMITS REFERRED TO IN ARTICLE 10 SHALL NOT BE REQUIRED , PROVIDED THAT AN EXPORT DOCUMENT FOR THE SPECIMENS IS ISSUED BY THE MANAGEMENT AUTHORITY OF THE EXPORTING COUNTRY . IN THIS CASE MEMBER STATES MAY REQUIRE PRESENTATION OF THE EXPORT DOCUMENTATION PROVIDED FOR BY THE CONVENTION OR SATISFACTORY PROOF OF ITS EXISTENCE .
ARTICLE 6
1 . THE DISPLAY TO THE PUBLIC FOR COMMERCIAL PURPOSES AND THE SALE , KEEPING FOR SALE , OFFERING FOR SALE OR TRANSPORTING FOR SALE OF THE SPECIMENS REFERRED TO IN ARTICLES 2 ( A ) AND 3 ( 1 ) SHALL BE PROHIBITED , SUBJECT TO EXEMPTIONS WHICH MAY BE GRANTED BY THE MEMBER STATES FOR THE FOLLOWING REASONS , ACCOUNT BEING TAKEN OF THE OBJECTIVES OF THE CONVENTION AND THE REQUIREMENTS OF COUNCIL DIRECTIVE 79/409/EEC OF 2 APRIL 1979 ON THE CONSERVATION OF WILD BIRDS ( 5 ) :
( A ) THE SPECIMENS ENTERED , IN ACCORDANCE WITH THE CONVENTION AND BEFORE THIS REGULATION CAME INTO FORCE , THE TERRITORY TO WHICH THIS REGULATION APPLIES ;
( B ) THE SPECIMENS OF AN ANIMAL OR PLANT SPECIES WERE BRED IN CAPTIVITY OR ARTIFICIALLY PROPAGATED , OR ARE PARTS OF SUCH ANIMALS OR PLANTS OR DERIVED THEREFROM ;
( C ) THE SPECIMENS ARE INTENDED FOR RESEARCH , TEACHING , BREEDING OR PROPAGATION PURPOSES ;
( D ) SPECIMENS ORIGINATING FROM A MEMBER STATE WERE REMOVED FROM THE NATURAL STATE UNDER LEGAL PROVISIONS IN FORCE IN THAT MEMBER STATE OR WITH THE APPROVAL OF THE COMPETENT AUTHORITIES OF THAT MEMBER STATE ;
( E ) THE SPECIMENS ENTERED , IN ACCORDANCE WITH THE CONVENTION AND AFTER THIS REGULATION CAME INTO FORCE , THE TERRITORY TO WHICH THIS REGULATION APPLIES AND WERE NOT USED FOR PURPOSES ESSENTIALLY COMMERCIAL IN NATURE .
2 . THE PROHIBITIONS REFERRED TO IN PARAGRAPH 1 SHALL ALSO APPLY TO THE SPECIMENS REFERRED TO IN ARTICLE 2 ( B ) AND ( C ) WHICH ARE NOT COVERED BY PARAGRAPH 1 IF THEY WERE INTRODUCED IN VIOLATION OF ARTICLE 5 .
3 . HAVING REGARD IN PARTICULAR TO ARTICLE VIII OF THE CONVENTION , THE COMPETENT AUTHORITIES OF THE MEMBER STATES SHALL HAVE DISCRETION TO SELL ANY SPECIMENS THEY HAVE SEIZED UNDER THIS REGULATION OR UNDER NATIONAL LAWS , AND SUCH SPECIMENS MAY THEN BE TREATED FOR ALL PURPOSES AS IF THEY HAD BEEN BROUGHT IN LEGALLY .
ARTICLE 7
MEMBER STATES SHALL FORWARD TO THE COMMISSION THE NAMES AND ADDRESSES OF THE MANAGEMENT AND SCIENTIFIC AUTHORITIES REFERRED TO IN ARTICLE IX OF THE CONVENTION AND , WHERE APPROPRIATE , OF THE OTHER COMPETENT AUTHORITIES REFERRED TO IN THIS REGULATION . THE COMMISSION SHALL PUBLISH THIS INFORMATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
ARTICLE 8
THE COMPETENT AUTHORITIES OF THE MEMBER STATES SHALL :
( A ) ISSUE THE PERMITS AND CERTIFICATES PROVIDED FOR IN ARTICLE 10 OR ENDORSE THE IMPORT CERTIFICATES REFERRED TO IN ARTICLE 10 ( 2 ) ;
( B ) AUTHORIZE THE EXEMPTIONS REFERRED TO IN ARTICLE 6 ;
( C ) ISSUE THE CERTIFICATES REFERRED TO IN ARTICLE 11 AND THE LABEL REFERRED TO IN ARTICLE 12 ;
( D ) RETURN TO THE MANAGEMENT AUTHORITIES WHICH HAVE ISSUED THEM THE PERMITS WHICH HAVE BEEN SENT TO THEM BY THE CUSTOMS OFFICES IN ACCORDANCE WITH ARTICLE 5 ;
( E ) COMMUNICATE TO THE COMMISSION ALL THE INFORMATION REQUIRED FOR DRAWING UP THE RECORDS AND REPORTS REFERRED TO IN ARTICLE VIII ( 6 ) AND ( 7 ) OF THE CONVENTION .
ARTICLE 9
1 . WITHOUT PREJUDICE TO ARTICLE 15 , EACH MEMBER STATE SHALL RECOGNIZE THE DECISIONS OF THE COMPETENT AUTHORITIES OF THE OTHER MEMBER STATES .
2 . WITH THE EXCEPTION OF THE DOCUMENT REFERRED TO IN ARTICLE 11 ( A ) , PERMITS AND CERTIFICATES REFERRED TO IN THIS REGULATION ISSUED BY A MEMBER STATE SHALL BE VALID THROUGHOUT THE COMMUNITY .
3 . THE APPLICATIONS FOR IMPORT PERMITS REFERRED TO IN ARTICLE 10 ( 1 ) SHALL BE SUBMITTED TO THE MANAGEMENT AUTHORITY RESPONSIBLE FOR THE PLACE OF DESTINATION OF THE SPECIMEN .
4 . APPLICATION FOR PERMITS FOR THE INTRODUCTION OF SPECIMENS FROM THE SEA SHALL BE SENT TO THE MANAGEMENT AUTHORITY RESPONSIBLE FOR THE PLACE OF INTRODUCTION OF SPECIMENS .
5 . THE APPLICATIONS FOR THE EXPORT PERMITS AND RE-EXPORT CERTIFICATES REFERRED TO IN ARTICLE 10 ( 3 ) FOR THE EXPORT OR RE-EXPORT OF LIVE SPECIMENS SHALL BE SENT TO THE MANAGEMENT AUTHORITY OF THE MEMBER STATE IN WHOSE TERRITORY THE SPECIMEN IS LOCATED .
ARTICLE 10
1 . ( A ) THE INTRODUCTION INTO THE COMMUNITY FROM THIRD COUNTRIES OR FROM THE SEA OF THE SPECIMENS REFERRED TO IN ARTICLES 2 ( A ) AND 3 SHALL BE SUBJECT TO THE PRESENTATION OF AN IMPORT PERMIT .
( B ) THE IMPORT PERMIT REFERRED TO IN ARTICLE 3 ( 2 ) SHALL BE ISSUED ONLY WHERE :
- IT IS CLEAR , OR WHERE THE APPLICANT PRESENTS TRUSTWORTHY EVIDENCE , THAT THE CAPTURE OR COLLECTION OF THE SPECIMEN IN THE WILD WILL NOT HAVE A HARMFUL EFFECT ON THE CONSERVATION OF SPECIES OR ON THE EXTENT OF THE TERRITORY OCCUPIED BY THE POPULATIONS IN QUESTION OF THE SPECIES ,
- THE APPLICANT PROVIDES PROOF BY MEANS OF DOCUMENTS ISSUED BY THE COMPETENT AUTHORITIES OF THE COUNTRY OF ORIGIN THAT THE SPECIMEN HAS BEEN OBTAINED IN ACCORDANCE WITH THE LEGISLATION ON PROTECTION OF THE SPECIES IN QUESTION ,
- IN THE CASE OF THE IMPORTATION OF A LIVING ANIMAL , THE APPLICANT PROVIDES EVIDENCE THAT THE INTENDED RECIPIENT POSSESSES ADEQUATE FACILITIES SUITABLE FOR ACCOMMODATING THE SPECIES AND SUITED TO ITS BEHAVIOUR AND THAT THE ANIMAL WILL BE PROPERLY CARED FOR ,
- THERE ARE NO OTHER REQUIREMENTS RELATING TO CONSERVATION OF THE SPECIES WHICH MILITATE AGAINST ISSUE .
THE PERMITS SHALL , IF NEED BE , CONTAIN ADDITIONAL STIPULATIONS TO ENSURE COMPLIANCE WITH THESE CONDITIONS .
2 . THE INTRODUCTION INTO THE COMMUNITY FROM THIRD COUNTRIES OR FROM THE SEA OF SPECIMENS OF ALL OTHER SPECIES COVERED BY THE REGULATION SHALL BE SUBJECT TO PRESENTATION EITHER OF AN IMPORT PERMIT OR OF AN IMPORT CERTIFICATE ENDORSED BY THE CUSTOMS SERVICES AND CERTIFYING THAT THE FORMALITIES REQUIRED UNDER THE CONVENTION HAVE BEEN FULFILLED .
THE IMPORT PERMIT AND IMPORT CERTIFICATE SHALL BE ISSUED ON IDENTICAL FORMS .
3 . EXPORT OR RE-EXPORT FROM THE COMMUNITY OF THE SPECIMENS REFERRED TO IN ARTICLE 2 SHALL BE SUBJECT TO THE PRESENTATION OF AN EXPORT PERMIT OR RE-EXPORT CERTIFICATE OR , IN THE CASE OF ARTIFICIALLY PROPAGATED PLANTS , OF EITHER OF THESE PERMITS OR OF THE DOCUMENT REFERRED TO IN ARTICLE 11 ( B ) .
ARTICLE 11
ON RECEIVING AN APPLICATION , TOGETHER WITH ALL THE REQUISITE SUPPORTING DOCUMENTS FROM THE PERSON CONCERNED , THE COMPETENT AUTHORITIES SHALL ISUE THE FOLLOWING CERTIFICATES :
( A ) A DOCUMENT STATING THAT A GIVEN SPECIMEN ENTERED , IN ACCORDANCE WITH THE CONVENTION , THE TERRITORY TO WHICH THIS REGULATION APPLIES , BEFORE THE REGULATION CAME INTO FORCE , OR THAT THE SPECIMEN WAS ACQUIRED BEFORE THE CONVENTION BECAME APPLICABLE TO IT ;
( B ) A DOCUMENT STATING THAT A SPECIMEN OF AN ANIMAL SPECIES WAS BORN AND BRED IN CAPTIVITY , THAT A SPECIMEN OF A PLANT SPECIES WAS ARTIFICIALLY PROPAGATED OR THAT A SPECIMEN IS A PART OF SUCH AN ANIMAL OR PLANT OR WAS DERIVED THEREFROM .
ARTICLE 12
BY WAY OF DEROGATION FROM ARTICLE 5 , PRESENTATION TO THE CUSTOMS SERVICES OF THE DOCUMENTS REFERRED TO IN ARTICLE 10 SHALL NOT AS A RULE BE REQUIRED IN THE CASE OF NON-COMMERCIAL LOANS , DONATIONS AND EXCHANGES BETWEEN SCIENTISTS AND SCIENTIFIC INSTITUTIONS REGISTERED BY A MANAGEMENT AUTHORITY OF THEIR STATE , OF HERBARIUM SPECIMENS AND OTHER PRESERVED , DRIED OR EMBEDDED MUSEUM SPECIMENS , AND OF LIVE PLANT MATERIAL BEARING A LABEL THE MODEL FOR WHICH HAS BEEN DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 21 OR A SIMILAR LABEL ISSUED OR APPROVED BY A MANAGEMENT AUTHORITY OF A THIRD COUNTRY .
ARTICLE 13
1 . WHERE SPECIMENS REFERRED TO IN ARTICLES 2 ( A ) AND 3 ( 1 ) WHICH ARE REQUIRED UNDER THE TERMS OF THE IMPORT PERMIT TO BE KEPT AT A SPECIFIED ADDRESS ARE SENT TO ANOTHER MEMBER STATE AFTER BEING RELEASED FOR FREE CIRCULATION , THE COMPETENT AUTHORITIES OF THE DESPATCHING MEMBER STATE MUST BE PROVIDED WITH PROOF THAT THE GOODS HAVE BEEN DELIVERED TO THE ADDRESS SPECIFIED .
2 . ANY TRANSPORTATION WITHIN THE COMMUNITY OF LIVE ANIMALS OF THE SPECIES REFERRED TO IN ARTICLES 2 ( A ) AND 3 ( 1 ) FROM THE ADDRESS SPECIFIED IN THE IMPORT PERMIT SHALL BE SUBJECT TO PRIOR AUTHORIZATION FROM THE MANAGEMENT AUTHORITY OR MANAGEMENT AUTHORITIES CONCERNED .
3 . WHERE SPECIMENS REFERRED TO IN PARAGRAPHS 1 AND 2 ARE PLACED UNDER THE COMMUNITY TRANSIT PROCEDURE , THE PRINCIPAL SHALL ENTER ONE OF THE FOLLOWING PHRASES IN THE BOX RESERVED FOR THE DESCRIPTION OF THE GOODS ON THE COMMUNITY TRANSIT DECLARATION FORM :
- " UDRYDDELSESTRUEDE ARTER " ,
- " GEFAEHRDETE ARTEN " ,
- !***
- " ENDANGERED SPECIES " ,
- " ESPECES MENACEES D'EXTINCTION " ,
- " SPECIE MINACCIATE DI ESTINZIONE " ,
- " BEDREIGDE SOORTEN " .
ARTICLE 14
DEROGATIONS FROM ARTICLES 5 AND 10 MAY BE GRANTED BY THE MEMBER STATES IN RESPECT OF SPECIMENS WHICH ARE PERSONAL EFFECTS OR WHICH ARE INTENDED FOR HOUSEHOLD USE .
ARTICLE 15
1 . IN RESPECT OF THE SPECIES TO WHICH THIS REGULATION APPLIES , MEMBER STATES MAY MAINTAIN OR TAKE STRICTER MEASURES , PROVIDING THAT THEY COMPLY WITH THE TREATY , AND IN PARTICULAR ARTICLE 36 THEREOF , FOR ONE OR MORE OF THE FOLLOWING PURPOSES :
( A ) IMPROVEMENT OF CONDITIONS OF SURVIVAL OF LIVING SPECIMENS IN RECIPIENT COUNTRIES ;
( B ) THE CONSERVATION OF NATIVE SPECIES ;
( C ) THE CONSERVATION OF A SPECIES OR A POPULATION OF A SPECIES IN THE COUNTRY OF ORIGIN .
SUCH MEASURES , WHICH MAY IN NO CASE STEM FROM COMMERCIAL POLICY CONSIDERATIONS , WHEN ADOPTED BY A MEMBER STATE IN ACCORDANCE WITH THIS PARAGRAPH , MUST ALSO APPLY TO TRADE WITH THIRD COUNTRIES .
2 . IF A MEMBER STATE INTENDS TO HAVE RECOURSE TO PARAGRAPH 1 , IT SHALL IMMEDIATELY INFORM THE COMMISSION OF THE MEASURES IT INTENDS TO TAKE .
3 . FOR THE PURPOSE OF PROTECTING THE HEALTH AND LIFE OF ANIMALS OR PLANTS , MEMBER STATES MAY TAKE MEASURES SIMILAR TO THOSE PROVIDED FOR IN THE REGULATION IN RESPECT OF SPECIES NOT COVERED BY THE REGULATION .
ARTICLE 16
THE PLACES OF ENTRY AND EXIT DESIGNATED , WHERE APPROPRIATE , BY THE MEMBER STATES IN ACCORDANCE WITH ARTICLE VIII ( 3 ) OF THE CONVENTION SHALL BE NOTIFIED TO THE COMMISSION , WHICH SHALL PUBLISH A LIST OF THEM IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
ARTICLE 17
1 . THE MEMBER STATES AND THE COMMISSION SHALL COMMUNICATE TO ONE ANOTHER THE INFORMATION NECESSARY FOR IMPLEMENTING THIS REGULATION .
2 . INFORMATION SUPPLIED IN IMPLEMENTATION OF THIS REGULATION MAY NOT BE DIVULGED OR USED FOR A PURPOSE OTHER THAN THAT FOR WHICH IT WAS REQUESTED , UNLESS THE SUPPLIER HAS EXPRESSLY AGREED AND IN SO FAR AS THE PROVISIONS IN FORCE IN THE MEMBER STATE WHICH HAS RECEIVED IT DO NOT PROHIBIT SUCH USE .
ANY INFORMATION COMMUNICATED WHICH IS COVERED BY AN OBLIGATION OF PROFESSIONAL SECRECY SHALL ENJOY THE PROTECTION EXTENDED TO SUCH INFORMATION UNDER BOTH THE NATIONAL LAW OF THE MEMBER STATE WHICH HAS RECEIVED IT AND THE CORRESPONDING PROVISIONS APPLYING TO THE COMMUNITY AUTHORITIES .
INFORMATION COVERED BY AN OBLIGATION OF PROFESSIONAL SECRECY MAY NOT IN PARTICULAR BE COMMUNICATED TO PERSONS OTHER THAN THOSE WORKING IN THE MEMBER STATES OR WITHIN THE COMMUNITY INSTITUTIONS WHOSE DUTIES REQUIRE THAT THEY HAVE ACCESS TO IT .
ARTICLE 18
MEMBER STATES SHALL FORWARD TO THE COMMISSION ALL NECESSARY INFORMATION RELATING TO RESEARCH INTO THE SITUATION REGARDING ENDANGERED SPECIES AND INTO METHODS OF CONTROLLING TRADE IN PARTS OR PRODUCTS OF ANIMALS AND PLANTS , SO THAT THE COMMISSION MAY , WHERE NECESSARY , TAKE SUITABLE STEPS TO COORDINATE SUCH RESEARCH .
IN THIS CONNECTION MEMBER STATES SHALL TAKE INTO ACCOUNT THE WORK OF ANY INTERNATIONAL ORGANIZATIONS ACTIVE IN THIS FIELD .
ARTICLE 19
A COMMITTEE ON THE CONVENTION ( HEREINAFTER REFERRED TO AS " THE COMMITTEE " ) IS HEREBY ESTABLISHED , CONSISTING OF REPRESENTATIVES OF THE MEMBER STATES AND PRESIDED OVER BY A REPRESENTATIVE OF THE COMMISSION .
ARTICLE 20
THE COMMITTEE SHALL EXAMINE ANY QUESTION RELATING TO THE APPLICATION OF THIS REGULATION RAISED BY ITS CHAIRMAN EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF THE REPRESENTATIVE OF A MEMBER STATE .
ARTICLE 21
1 . IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN PARAGRAPHS 2 AND 3 , THE COMMITTEE SHALL :
( A ) DETERMINE THE DESIGN OF THE DOCUMENTS REFERRED TO IN ARTICLES 10 AND 11 , THE MODEL OF THE LABELS REFERRED TO IN ARTICLE 12 AND THE MARKS , SEALS AND STAMPS REFERRED TO IN ARTICLE VI OF THE CONVENTION ;
( B ) LAY DOWN UNIFORM CONDITIONS FOR THE ISSUE OF THE DOCUMENTS REFERRED TO IN ARTICLES 10 AND 11 ;
( C ) ESTABLISH THE PRINCIPLES GOVERNING THE VALIDITY AND USE OF THE DOCUMENTS REFERRED TO IN ARTICLE 11 ( A ) AND THE GRANTING OF THE DEROGATIONS REFERRED TO IN ARTICLE 14 .
2 . THE REPRESENTATIVE OF THE COMMISSION SHALL SUBMIT TO THE COMMITTEE A DRAFT OF THE PROVISIONS TO BE ADOPTED . THE COMMITTEE SHALL DELIVER ITS OPINION ON THE DRAFT WITHIN THE TIME LIMIT SET BY THE CHAIRMAN , HAVING REGARD TO THE URGENCY OF THE MATTER CONCERNED . DECISIONS SHALL BE TAKEN BY A MAJORITY OF 45 VOTES , THE VOTES OF THE MEMBER STATES BEING WEIGHTED AS PROVIDED IN ARTICLE 148 ( 2 ) OF THE TREATY . THE CHAIRMAN SHALL NOT VOTE .
3 . ( A ) THE COMMISSION SHALL ADOPT THE PROVISIONS ENVISAGED IF THEY ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE .
( B ) IF THE PROVISIONS ENVISAGED ARE NOT IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE , OR IF NO OPINION IS DELIVERED , THE COMMISSION SHALL WITHOUT DELAY SUBMIT A PROPOSAL TO THE COUNCIL WITH REGARD TO THE PROVISIONS TO BE ADOPTED . THE COUNCIL SHALL ACT BY A QUALIFIED MAJORITY .
( C ) IF , WITHIN THREE MONTHS OF THE PROPOSAL BEING SUBMITTED OF IT , THE COUNCIL HAS NOT ACTED , THE PROPOSED PROVISIONS SHALL BE ADOPTED BY THE COMMISSION .
ARTICLE 22
EACH MEMBER STATE SHALL NOTIFY THE COMMISSION OF THE PROVISIONS WHICH IT ADOPTS FOR THE IMPLEMENTATION OF THIS REGULATION .
THE COMMISSION SHALL COMMUNICATE THIS INFORMATION TO THE OTHER MEMBER STATES .
ARTICLE 23
THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
ARTICLES 1 TO 17 SHALL APPLY FROM 1 JANUARY 1984 .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS , 3 DECEMBER 1982 .