# Official Journal L 110/2009

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2009.110.eng |
| --- | --- |
| Official Journal
  of the European Union | L 110 |
| | |
| English edition | Legislation | Volume 521 May 2009 |

ISSN 1725-2555

doi:10.3000/17252555.L_2009.110.eng

Official Journal

of the European Union

L 110

English edition

Legislation

Volume 521 May 2009

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 358/2009 of 30 April 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 359/2009 of 30 April 2009 suspending the introduction into the Community of specimens of certain species of wild fauna and flora | 3 |
| | | Commission Regulation (EC) No 360/2009 of 30 April 2009 fixing the import duties in the cereals sector applicable from 1 May 2009 | 27 |
| | | DIRECTIVES |
| | * | Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests (Codified version) (
  1
  ) | 30 |

Contents

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

REGULATIONS

Commission Regulation (EC) No 358/2009 of 30 April 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 359/2009 of 30 April 2009 suspending the introduction into the Community of specimens of certain species of wild fauna and flora

3

Commission Regulation (EC) No 360/2009 of 30 April 2009 fixing the import duties in the cereals sector applicable from 1 May 2009

27

DIRECTIVES

*

Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests (Codified version) (
  1
  )

1

30

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2009/357/EC |
| | * | Commission Decision of 27 April 2009 amending Decision 2007/134/EC establishing the European Research Council (
  1
  ) | 37 |
| | | 2009/358/EC |
| | * | Commission Decision of 29 April 2009 on the harmonisation, the regular transmission of the information and the questionnaire referred to in Articles 22(1)(a) and 18 of Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries
  (notified under document number C(2009) 3011) | 39 |
| | | 2009/359/EC |
| | * | Commission Decision of 30 April 2009 completing the definition of inert waste in implementation of Article 22(1)(f) of Directive 2006/21/EC of the European Parliament and the Council concerning the management of waste from extractive industries
  (notified under document number C(2009) 3012) | 46 |
| | | 2009/360/EC |
| | * | Commission Decision of 30 April 2009 completing the technical requirements for waste characterisation laid down by Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries
  (notified under document number C(2009) 3013) | 48 |
| | | 2009/361/EC |
| | * | Commission Decision of 30 April 2009 authorising Finnish aid for seeds and cereal seed in respect of the harvest year 2009
  (notified under document number C(2009) 3078) | 52 |
| | | 2009/362/EC |
| | * | Commission Decision of 30 April 2009 authorising the placing on the market of lycopene as novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council
  (notified under document number C(2009) 3149) | 54 |
| | | 2009/363/EC |
| | * | Commission Decision of 30 April 2009 amending Decision 2002/253/EC laying down case definitions for reporting communicable diseases to the Community network under Decision No 2119/98/EC of the European Parliament and of the Council
  (notified under document number C(2009) 3517)

   (
  1
  ) | 58 |

II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Commission

2009/357/EC

*

Commission Decision of 27 April 2009 amending Decision 2007/134/EC establishing the European Research Council (
  1
  )

1

37

2009/358/EC

*

Commission Decision of 29 April 2009 on the harmonisation, the regular transmission of the information and the questionnaire referred to in Articles 22(1)(a) and 18 of Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries
  (notified under document number C(2009) 3011)

(notified under document number C(2009) 3011)

39

2009/359/EC

*

Commission Decision of 30 April 2009 completing the definition of inert waste in implementation of Article 22(1)(f) of Directive 2006/21/EC of the European Parliament and the Council concerning the management of waste from extractive industries
  (notified under document number C(2009) 3012)

(notified under document number C(2009) 3012)

46

2009/360/EC

*

Commission Decision of 30 April 2009 completing the technical requirements for waste characterisation laid down by Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries
  (notified under document number C(2009) 3013)

(notified under document number C(2009) 3013)

48

2009/361/EC

*

Commission Decision of 30 April 2009 authorising Finnish aid for seeds and cereal seed in respect of the harvest year 2009
  (notified under document number C(2009) 3078)

(notified under document number C(2009) 3078)

52

2009/362/EC

*

Commission Decision of 30 April 2009 authorising the placing on the market of lycopene as novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council
  (notified under document number C(2009) 3149)

(notified under document number C(2009) 3149)

54

2009/363/EC

*

Commission Decision of 30 April 2009 amending Decision 2002/253/EC laying down case definitions for reporting communicable diseases to the Community network under Decision No 2119/98/EC of the European Parliament and of the Council
  (notified under document number C(2009) 3517)

   (
  1
  )

(notified under document number C(2009) 3517)

1

58

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

---

I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

REGULATIONS

| 1.5.2009 | EN | Official Journal of the European Union | L 110/1 |
| --- | --- | --- | --- |

1.5.2009

EN

Official Journal of the European Union

L 110/1

---

COMMISSION REGULATION (EC) No 358/2009

of 30 April 2009

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 1 May 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 April 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 299, 16.11.2007, p. 1.

1

(2)  OJ L 350, 31.12.2007, p. 1.

2

---

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | JO | 88,9 |
| MA | 82,6 |
| TN | 139,0 |
| TR | 120,1 |
| ZZ | 107,7 |
| 0707 00 05 | JO | 155,5 |
| MA | 32,7 |
| TR | 143,3 |
| ZZ | 110,5 |
| 0709 90 70 | JO | 216,7 |
| TR | 96,2 |
| ZZ | 156,5 |
| 0805 10 20 | EG | 45,0 |
| IL | 55,9 |
| MA | 49,7 |
| TN | 53,5 |
| TR | 54,0 |
| US | 51,9 |
| ZZ | 51,7 |
| 0805 50 10 | TR | 55,3 |
| ZA | 56,7 |
| ZZ | 56,0 |
| 0808 10 80 | AR | 83,6 |
| BR | 73,4 |
| CA | 114,7 |
| CL | 86,5 |
| CN | 96,9 |
| MK | 33,9 |
| NZ | 117,2 |
| US | 127,7 |
| UY | 71,7 |
| ZA | 79,5 |
| ZZ | 88,5 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

JO

88,9

MA

82,6

TN

139,0

TR

120,1

ZZ

107,7

0707 00 05

JO

155,5

MA

32,7

TR

143,3

ZZ

110,5

0709 90 70

JO

216,7

TR

96,2

ZZ

156,5

0805 10 20

EG

45,0

IL

55,9

MA

49,7

TN

53,5

TR

54,0

US

51,9

ZZ

51,7

0805 50 10

TR

55,3

ZA

56,7

ZZ

56,0

0808 10 80

AR

83,6

BR

73,4

CA

114,7

CL

86,5

CN

96,9

MK

33,9

NZ

117,2

US

127,7

UY

71,7

ZA

79,5

ZZ

88,5

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.

---

| 1.5.2009 | EN | Official Journal of the European Union | L 110/3 |
| --- | --- | --- | --- |

1.5.2009

EN

Official Journal of the European Union

L 110/3

---

COMMISSION REGULATION (EC) No 359/2009

of 30 April 2009

suspending the introduction into the Community of specimens of certain species of wild fauna and flora

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 therein (1), and in particular Article 19(2) thereof,

After consulting the Scientific Review Group,

Whereas:

| (1) | Article 4(6) of Regulation (EC) No 338/97 provides that the Commission may establish restrictions to the introduction of certain species into the Community in accordance with the conditions laid down in points (a) to (d) thereof. Furthermore, implementing measures for such restrictions have been laid down in Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 of the protection of species of wild fauna and flora by regulating trade therein (2). |
| --- | --- |

(1)

Article 4(6) of Regulation (EC) No 338/97 provides that the Commission may establish restrictions to the introduction of certain species into the Community in accordance with the conditions laid down in points (a) to (d) thereof. Furthermore, implementing measures for such restrictions have been laid down in Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 of the protection of species of wild fauna and flora by regulating trade therein (2).

| (2) | A list of species for which the introduction into the Community is suspended was established in Commission Regulation (EC) No 811/2008 of 13 August 2008 suspending the introduction into the Community of specimens of certain species of wild fauna and flora (3). |
| --- | --- |

(2)

A list of species for which the introduction into the Community is suspended was established in Commission Regulation (EC) No 811/2008 of 13 August 2008 suspending the introduction into the Community of specimens of certain species of wild fauna and flora (3).

| (3) | On the basis of recent information, the Scientific Review Group has concluded that the conservation status of certain species listed in Annexes A and B to Regulation (EC) No 338/97 will be seriously jeopardised if their introduction into the Community from certain countries of origin is not suspended. The introduction of the following species should therefore be suspended:






  — | Psittacus erithacus from Equatorial Guinea, |
| --- | --- | --- |

(3)

On the basis of recent information, the Scientific Review Group has concluded that the conservation status of certain species listed in Annexes A and B to Regulation (EC) No 338/97 will be seriously jeopardised if their introduction into the Community from certain countries of origin is not suspended. The introduction of the following species should therefore be suspended:

—

Psittacus erithacus from Equatorial Guinea,

| — | Calumma andringitraensis, Calumma glawi, Calumma guillaumeti, Calumma marojezensis, Calumma vatosoa, Calumma vencesi and Furcifer nicosiai from Madagascar, |
| --- | --- |

—

Calumma andringitraensis, Calumma glawi, Calumma guillaumeti, Calumma marojezensis, Calumma vatosoa, Calumma vencesi and Furcifer nicosiai from Madagascar,

| — | Chamaeleo camerunensis from Cameroon, |
| --- | --- |

—

Chamaeleo camerunensis from Cameroon,

| — | Phelsuma berghofi, Phelsuma hielscheri, Phelsuma malamakibo and Phelsuma masohoala from Madagascar. |
| --- | --- |

—

Phelsuma berghofi, Phelsuma hielscheri, Phelsuma malamakibo and Phelsuma masohoala from Madagascar.

| (4) | The Scientific Review Group has also concluded that, on the basis of the most recent available information, the suspension of the introduction into the Community of the following species should no longer be required:






  — | Lynx lynx from the Republic of Moldova and Ukraine, |
| --- | --- | --- |

(4)

The Scientific Review Group has also concluded that, on the basis of the most recent available information, the suspension of the introduction into the Community of the following species should no longer be required:

—

Lynx lynx from the Republic of Moldova and Ukraine,

| — | Lama guanicoe (now known as Lama glama guanicoe) from Argentina, |
| --- | --- |

—

Lama guanicoe (now known as Lama glama guanicoe) from Argentina,

| — | Hippopotamus amphibius from Rwanda, |
| --- | --- |

—

Hippopotamus amphibius from Rwanda,

| — | Aratinga erythrogenys from Peru, |
| --- | --- |

—

Aratinga erythrogenys from Peru,

| — | Dendrobates auratus and Dendrobates pumilio from Nicaragua, |
| --- | --- |

—

Dendrobates auratus and Dendrobates pumilio from Nicaragua,

| — | Dendrobates tinctorius from Suriname, |
| --- | --- |

—

Dendrobates tinctorius from Suriname,

| — | Plerogyra simplex, Hydnophora rigida and Blastomussa wellsi from Fiji, |
| --- | --- |

—

Plerogyra simplex, Hydnophora rigida and Blastomussa wellsi from Fiji,

| — | Plerogyra sinuosa, Acanthastrea spp. (except Acanthastrea hemprichii) and Cynarina lacrymalis from Tonga. |
| --- | --- |

—

Plerogyra sinuosa, Acanthastrea spp. (except Acanthastrea hemprichii) and Cynarina lacrymalis from Tonga.

| (5) | The countries of origin of the species which are subject to new restrictions to introduction into the Community pursuant to this Regulation have all been consulted. |
| --- | --- |

(5)

The countries of origin of the species which are subject to new restrictions to introduction into the Community pursuant to this Regulation have all been consulted.

| (6) | Some inconsistencies between the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the scientific names in the nomenclatural references for animals adopted at the 14th Conference of the Parties to CITES should be corrected. |
| --- | --- |

(6)

Some inconsistencies between the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the scientific names in the nomenclatural references for animals adopted at the 14th Conference of the Parties to CITES should be corrected.

| (7) | The list of species for which the introduction into the Community is suspended should therefore be amended and Regulation (EC) No 811/2008 should be, for clarity reasons, replaced. |
| --- | --- |

(7)

The list of species for which the introduction into the Community is suspended should therefore be amended and Regulation (EC) No 811/2008 should be, for clarity reasons, replaced.

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Committee on Trade in Wild Fauna and Flora, |
| --- | --- |

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Trade in Wild Fauna and Flora,

HAS ADOPTED THIS REGULATION:

Article 1

Subject to the provisions of Article 71 of Regulation (EC) No 865/2006, the introduction into the Community of specimens of the species of wild fauna and flora listed in the Annex to this Regulation is hereby suspended.

Article 2

Regulation (EC) No 811/2008 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation.

Article 3

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 April 2009.

For the Commission

Stavros DIMAS

Member of the Commission

---

(1)  OJ L 61, 3.3.1997, p. 1.

1

(2)  OJ L 166, 19.6.2006, p. 1.

2

(3)  OJ L 219, 14.8.2008, p. 17.

3

---

ANNEX

Specimens of species included in Annex A to Regulation (EC) No 338/97 whose introduction into the Community is suspended

| Species | Source(s) covered | Specimen(s) covered | Countries of origin | Basis in Article 4(6), point: |
| --- | --- | --- | --- | --- |
| FAUNA |
| CHORDATA |
| MAMMALIA |
| ARTIODACTYLA |
| Bovidae |
| Capra falconeri | Wild | Hunting trophies | Uzbekistan | a |
| Ovis ammon nigrimontana | Wild | Hunting trophies | Kazakhstan | a |
| CARNIVORA |
| Canidae |
| Canis lupus | Wild | Hunting trophies | Belarus, Kyrgyzstan, Turkey | a |
| Felidae |
| Lynx lynx | Wild | Hunting trophies | Azerbaijan | a |
| Ursidae |
| Ursus arctos | Wild | Hunting trophies | Canada (British Columbia) | a |
| Ursus thibetanus | Wild | Hunting trophies | Russia | a |
| AVES |
| FALCONIFORMES |
| Accipitridae |
| Leucopternis occidentalis | Wild | All | Ecuador, Peru | a |
| Falconidae |
| Falco cherrug | Wild | All | Armenia, Bahrain, Iraq, Mauritania, Tajikistan | a |

Species

Source(s) covered

Specimen(s) covered

Countries of origin

Basis in Article 4(6), point:

FAUNA

CHORDATA

MAMMALIA

ARTIODACTYLA

Bovidae

Capra falconeri

Wild

Hunting trophies

Uzbekistan

a

Ovis ammon nigrimontana

Wild

Hunting trophies

Kazakhstan

a

CARNIVORA

Canidae

Canis lupus

Wild

Hunting trophies

Belarus, Kyrgyzstan, Turkey

a

Felidae

Lynx lynx

Wild

Hunting trophies

Azerbaijan

a

Ursidae

Ursus arctos

Wild

Hunting trophies

Canada (British Columbia)

a

Ursus thibetanus

Wild

Hunting trophies

Russia

a

AVES

FALCONIFORMES

Accipitridae

Leucopternis occidentalis

Wild

All

Ecuador, Peru

a

Falconidae

Falco cherrug

Wild

All

Armenia, Bahrain, Iraq, Mauritania, Tajikistan

a

Specimens of species included in Annex B to Regulation (EC) No 338/97 whose introduction into the Community is suspended

| Species | Source(s) covered | Specimen(s) covered | Countries of origin | Basis in Article 4(6), point: |
| --- | --- | --- | --- | --- |
| FAUNA |
| CHORDATA |
| MAMMALIA |
| ARTIODACTYLA |
| Bovidae |
| Ovis vignei bocharensis | Wild | All | Uzbekistan | b |
| Saiga borealis | Wild | All | Russia | b |
| Saiga tatarica | Wild | All | Kazakhstan, Russia | b |
| Cervidae |
| Cervus elaphus bactrianus | Wild | All | Uzbekistan | b |
| Hippopotamidae |
| Hexaprotodon liberiensis (synonym Choeropsis liberiensis) | Wild | All | Côte d’Ivoire, Guinea, Guinea-Bissau, Nigeria, Sierra Leone | b |
| Hippopotamus amphibius | Wild | All | Democratic Republic of the Congo, Gambia, Malawi, Niger, Nigeria, Sierra Leone, Togo | b |
| Moschidae |
| Moschus anhuiensis | Wild | All | China | b |
| Moschus berezovskii | Wild | All | China | b |
| Moschus chrysogaster | Wild | All | China | b |
| Moschus fuscus | Wild | All | China | b |
| Moschus moschiferus | Wild | All | China, Russia | b |
| CARNIVORA |
| Canidae |
| Chrysocyon brachyurus | Wild | All | Bolivia, Peru | b |
| Eupleridae |
| Cryptoprocta ferox | Wild | All | Madagascar | b |
| Eupleres goudotii | Wild | All | Madagascar | b |
| Fossa fossana | Wild | All | Madagascar | b |
| Felidae |
| Leopardus colocolo | Wild | All | Chile | b |
| Leopardus pajeros | Wild | All | Chile | b |
| Leptailurus serval | Wild | All | Algeria | b |
| Panthera leo | Wild | All | Ethiopia | b |
| Prionailurus bengalensis | Wild | All | China (Macau) | b |
| Profelis aurata | Wild | All | Togo | b |
| Mustelidae |
| Hydrictis maculicollis | Wild | All | Tanzania | b |
| Odobenidae |
| Odobenus rosmarus | Wild | All | Greenland | b |
| Viverridae |
| Cynogale bennettii | Wild | All | Brunei, China, Indonesia, Malaysia, Thailand | b |
| MONOTREMATA |
| Tachyglossidae |
| Zaglossus bartoni | Wild | All | Indonesia, Papua New Guinea | b |
| Zaglossus bruijni | Wild | All | Indonesia | b |
| PERISSODACTYLA |
| Equidae |
| Equus zebra hartmannae | Wild | All | Angola | b |
| PHOLIDOTA |
| Manidae |
| Manis temminckii | Wild | All | Democratic Republic of the Congo | b |
| PILOSA |
| Myrmecophagidae |
| Myrmecophaga tridactyla | Wild | All | Belize, Uruguay | b |
| PRIMATES |
| Atelidae |
| Alouatta guariba | Wild | All | All | b |
| Alouatta macconnelli | Wild | All | Trinidad and Tobago | b |
| Ateles belzebuth | Wild | All | All | b |
| Ateles fusciceps | Wild | All | All | b |
| Ateles geoffroyi | Wild | All | All | b |
| Ateles hybridus | Wild | All | All | b |
| Ateles paniscus | Wild | All | Peru | b |
| Lagothrix cana | Wild | All | All | b |
| Lagothrix lagotricha | Wild | All | All | b |
| Lagothrix lugens | Wild | All | All | b |
| Lagothrix poeppigii | Wild | All | All | b |
| Cebidae |
| Callithrix geoffroyi (synonym C. jacchus geoffroyi) | Wild | All | Brazil | b |
| Cebus capucinus | Wild | All | Belize | b |
| Cercopithecidae |
| Cercocebus atys | Wild | All | Ghana | b |
| Cercopithecus ascanius | Wild | All | Burundi | b |
| Cercopithecus cephus | Wild | All | Central African Republic | b |
| Cercopithecus dryas (including C. salongo) | Wild | All | Democratic Republic of the Congo | b |
| Cercopithecus erythrogaster | Wild | All | All | b |
| Cercopithecus erythrotis | Wild | All | All | b |
| Cercopithecus hamlyni | Wild | All | All | b |
| Cercopithecus mona | Wild | All | Togo | b |
| Cercopithecus petaurista | Wild | All | Togo | b |
| Cercopithecus pogonias | Wild | All | Cameroon, Equatorial Guinea, Nigeria | b |
| Cercopithecus preussi (synonym C. lhoesti preussi) | Wild | All | Cameroon, Equatorial Guinea, Nigeria | b |
| Colobus polykomos | Wild | All | Côte d’Ivoire | b |
| Colobus vellerosus | Wild | All | Côte d’Ivoire, Ghana, Nigeria, Togo | b |
| Lophocebus albigena (synonym Cercocebus albigena) | Wild | All | Nigeria | b |
| Macaca arctoides | Wild | All | India, Malaysia, Thailand | b |
| Macaca assamensis | Wild | All | Nepal | b |
| Macaca cyclopis | Wild | All | All | b |
| Macaca fascicularis | Wild | All | Bangladesh, India | b |
| Macaca leonina | Wild | All | China | b |
| Macaca maura | Wild | All | Indonesia | b |
| Macaca nigra | Wild | All | Indonesia | b |
| Macaca nigrescens | Wild | All | Indonesia | b |
| Macaca ochreata | Wild | All | Indonesia | b |
| Macaca pagensis | Wild | All | Indonesia | b |
| Macaca sylvanus | Wild | All | Algeria, Morocco | b |
| Papio anubis | Wild | All | Libya | b |
| Papio papio | Wild | All | Guinea-Bissau | b |
| Piliocolobus badius (synonym Colobus badius) | Wild | All | All | b |
| Procolobus verus (synonym Colobus verus) | Wild | All | Benin, Côte d’Ivoire, Ghana, Sierra Leone, Togo | b |
| Trachypithecus phayrei (synonym Presbytis phayrei) | Wild | All | Cambodia, China, India | b |
| Trachypithecus vetulus (synonym Presbytis senex) | Wild | All | Sri Lanka | b |
| Galagidae |
| Euoticus pallidus (synonym Galago elegantulus pallidus) | Wild | All | Nigeria | b |
| Galago demidoff (synonym Galago demidovii) | Wild | All | Burkina Faso, Central African Republic | b |
| Galago granti | Wild | All | Malawi | b |
| Galago matschiei (synonym G. inustus) | Wild | All | Rwanda | b |
| Lorisidae |
| Arctocebus aureus | Wild | All | Central African Republic, Gabon | b |
| Arctocebus calabarensis | Wild | All | Nigeria | b |
| Nycticebus pygmaeus | Wild | All | Cambodia, Laos | b |
| Perodicticus potto | Wild | All | Togo | b |
| Pithecidae |
| Chiropotes chiropotes | Wild | All | Brazil, Guyana | b |
| Chiropotes israelita | Wild | All | Brazil | b |
| Chiropotes satanas | Wild | All | Brazil | b |
| Chiropotes utahickae | Wild | All | Brazil | b |
| Pithecia pithecia | Wild | All | Guyana | b |
| RODENTIA |
| Sciuridae |
| Ratufa affinis | Wild | All | Singapore | b |
| Ratufa bicolor | Wild | All | China | b |
| AVES |
| ANSERIFORMES |
| Anatidae |
| Anas bernieri | Wild | All | Madagascar | b |
| Oxyura jamaicensis | All | Live | All | d |
| APODIFORMES |
| Trochilidae |
| Chalcostigma olivaceum | Wild | All | Peru | b |
| Heliodoxa rubinoides | Wild | All | Peru | b |
| CICONIIFORMES |
| Balaenicipitidae |
| Balaeniceps rex | Wild | All | Tanzania, Zambia | b |
| COLUMBIFORMES |
| Columbidae |
| Goura cristata | Wild | All | Indonesia | b |
| Goura scheepmakeri | Wild | All | Indonesia | b |
| Goura victoria | Wild | All | Indonesia | b |
| CORACIIFORMES |
| Bucerotidae |
| Buceros rhinoceros | Wild | All | Thailand | b |
| CUCULIFORMES |
| Musophagidae |
| Tauraco corythaix | Wild | All | Mozambique | b |
| Tauraco fischeri | Wild | All | Tanzania | b |
| Tauraco macrorhynchus | Wild | All | Guinea | b |
| Tauraco porphyreolopha | Wild | All | Uganda | b |
| FALCONIFORMES |
| Accipitridae |
| Accipiter brachyurus | Wild | All | Papua New Guinea | b |
| Accipiter erythropus | Wild | All | Guinea | b |
| Accipiter gundlachi | Wild | All | Cuba | b |
| Accipiter imitator | Wild | All | Papua New Guinea, Solomon Islands | b |
| Accipiter melanoleucus | Wild | All | Guinea | b |
| Accipiter ovampensis | Wild | All | Guinea | b |
| Aquila rapax | Wild | All | Guinea | b |
| Aviceda cuculoides | Wild | All | Guinea | b |
| Buteo albonotatus | Wild | All | Peru | b |
| Buteo galapagoensis | Wild | All | Ecuador | b |
| Buteo platypterus | Wild | All | Peru | b |
| Buteo ridgwayi | Wild | All | Dominican Republic, Haiti | b |
| Erythrotriorchis radiatus | Wild | All | Australia | b |
| Gyps africanus | Wild | All | Guinea | b |
| Gyps bengalensis | Wild | All | All | b |
| Gyps coprotheres | Wild | All | Mozambique, Namibia, Swaziland | b |
| Gyps indicus | Wild | All | All | b |
| Gyps rueppellii | Wild | All | Guinea | b |
| Gyps tenuirostris | Wild | All | All | b |
| Harpyopsis novaeguineae | Wild | All | Indonesia, Papua New Guinea | b |
| Hieraaetus ayresii | Wild | All | Cameroon, Guinea, Togo | b |
| Hieraaetus spilogaster | Wild | All | Guinea, Togo | b |
| Leucopternis lacernulatus | Wild | All | Brazil | b |
| Lophaetus occipitalis | Wild | All | Guinea | b |
| Lophoictinia isura | Wild | All | Australia | b |
| Macheiramphus alcinus | Wild | All | Guinea | b |
| Polemaetus bellicosus | Wild | All | Cameroon, Guinea, Togo | b |
| Spizaetus africanus | Wild | All | Guinea | b |
| Spizaetus bartelsi | Wild | All | Indonesia | b |
| Stephanoaetus coronatus | Wild | All | Côte d’Ivoire, Guinea, Togo | b |
| Terathopius ecaudatus | Wild | All | Guinea | b |
| Torgos tracheliotus | Wild | All | Cameroon, Sudan | b |
| Trigonoceps occipitalis | Wild | All | Côte d’Ivoire, Guinea | b |
| Urotriorchis macrourus | Wild | All | Guinea | b |
| Falconidae |
| Falco chicquera | Wild | All | Guinea, Togo | b |
| Falco deiroleucus | Wild | All | Belize, Guatemala | b |
| Falco fasciinucha | Wild | All | Botswana, Ethiopia, Kenya, Malawi, Mozambique, South Africa, Sudan, Tanzania, Zambia, Zimbabwe | b |
| Falco hypoleucos | Wild | All | Australia, Papua New Guinea | b |
| Micrastur plumbeus | Wild | All | Colombia, Ecuador | b |
| Sagittariidae |
| Sagittarius serpentarius | Wild | All | Cameroon, Guinea, Togo | b |
| GALLIFORMES |
| Phasianidae |
| Polyplectron schleiermacheri | Wild | All | Indonesia, Malaysia | b |
| GRUIFORMES |
| Gruidae |
| Anthropoides virgo | Wild | All | Sudan | b |
| Balearica pavonina | Wild | All | Guinea, Mali | b |
| Balearica regulorum | Wild | All | Angola, Botswana, Burundi, Democratic Republic of the Congo, Kenya, Lesotho, Malawi, Mozambique, Namibia, Rwanda, South Africa, Swaziland, Uganda, Zambia, Zimbabwe | b |
| Bugeranus carunculatus | Wild | All | South Africa, Tanzania | b |
| PASSERIFORMES |
| Pittidae |
| Pitta nympha | Wild | All | All (except Vietnam) | b |
| Pycnonotidae |
| Pycnonotus zeylanicus | Wild | All | Malaysia | b |
| PSITTACIFORMES |
| Cacatuidae |
| Cacatua sanguinea | Wild | All | Indonesia | b |
| Loriidae |
| Charmosyna aureicincta | Wild | All | Fiji | b |
| Charmosyna diadema | Wild | All | All | b |
| Lorius domicella | Wild | All | Indonesia | b |
| Trichoglossus johnstoniae | Wild | All | Philippines | b |
| Psittacidae |
| Agapornis fischeri | Wild | All | Tanzania | b |
| | Ranched | All | Mozambique | b |
| Agapornis lilianae | Wild | All | Tanzania | b |
| Agapornis nigrigenis | Wild | All | All | b |
| Agapornis pullarius | Wild | All | Angola, Democratic Republic of the Congo, Côte d’Ivoire, Guinea, Kenya, Mali, Togo | b |
| Alisterus chloropterus chloropterus | Wild | All | Indonesia | b |
| Amazona agilis | Wild | All | Jamaica | b |
| Amazona autumnalis | Wild | All | Ecuador | b |
| Amazona collaria | Wild | All | Jamaica | b |
| Amazona mercenaria | Wild | All | Venezuela | b |
| Amazona xanthops | Wild | All | Bolivia, Paraguay | b |
| Ara chloropterus | Wild | All | Argentina, Panama | b |
| Ara severus | Wild | All | Guyana | b |
| Aratinga acuticaudata | Wild | All | Uruguay | b |
| Aratinga aurea | Wild | All | Argentina | b |
| Aratinga auricapillus | Wild | All | All | b |
| Aratinga euops | Wild | All | Cuba | b |
| Bolborhynchus ferrugineifrons | Wild | All | Colombia | b |
| Coracopsis vasa | Wild | All | Madagascar | b |
| Cyanoliseus patagonus | Wild | All | Chile, Uruguay | b |
| Deroptyus accipitrinus | Wild | All | Peru, Surinam | b |
| Eclectus roratus | Wild | All | Indonesia | b |
| Forpus xanthops | Wild | All | Peru | b |
| Hapalopsittaca amazonina | Wild | All | All | b |
| Hapalopsittaca fuertesi | Wild | All | Colombia | b |
| Hapalopsittaca pyrrhops | Wild | All | All | b |
| Leptosittaca branickii | Wild | All | All | b |
| Nannopsittaca panychlora | Wild | All | Brazil | b |
| Pionus chalcopterus | Wild | All | Peru | b |
| Poicephalus cryptoxanthus | Wild | All | Tanzania | b |
| Poicephalus gulielmi | Wild | All | Cameroon, Côte d’Ivoire, Congo, Guinea | b |
| Poicephalus meyeri | Wild | All | Tanzania | b |
| Poicephalus robustus | Wild | All | Botswana, Democratic Republic of the Congo, Côte d’Ivoire, Gambia, Guinea, Mali, Namibia, Nigeria, Senegal, South Africa, Swaziland, Togo, Uganda | b |
| Poicephalus rufiventris | Wild | All | Tanzania | b |
| Polytelis alexandrae | Wild | All | Australia | b |
| Prioniturus luconensis | Wild | All | Philippines | b |
| Psittacula alexandri | Wild | All | Indonesia | b |
| Psittacula finschii | Wild | All | Bangladesh, Cambodia | b |
| Psittacula roseata | Wild | All | China | b |
| Psittacus erithacus | Wild | All | Benin, Burundi, Equatorial Guinea, Liberia, Mali, Nigeria, Togo | b |
| Psittacus erithacus timneh | Wild | All | Guinea, Guinea-Bissau | b |
| Psittrichas fulgidus | Wild | All | All | b |
| Pyrrhura albipectus | Wild | All | Ecuador | b |
| Pyrrhura caeruleiceps | Wild | All | Colombia | b |
| Pyrrhura calliptera | Wild | All | Colombia | b |
| Pyrrhura leucotis | Wild | All | Brazil | b |
| Pyrrhura orcesi | Wild | All | Ecuador | b |
| Pyrrhura pfrimeri | Wild | All | Brazil | b |
| Pyrrhura subandina | Wild | All | Colombia | b |
| Pyrrhura viridicata | Wild | All | Colombia | b |
| Tanygnathus gramineus | Wild | All | Indonesia | b |
| Touit melanonotus | Wild | All | Brazil | b |
| Touit surdus | Wild | All | Brazil | b |
| Triclaria malachitacea | Wild | All | Argentina, Brazil | b |
| STRIGIFORMES |
| Strigidae |
| Asio capensis | Wild | All | Guinea | b |
| Bubo blakistoni | Wild | All | China, Japan, Russia | b |
| Bubo lacteus | Wild | All | Guinea | b |
| Bubo philippensis | Wild | All | Philippines | b |
| Bubo poensis | Wild | All | Guinea | b |
| Bubo vosseleri | Wild | All | Tanzania | b |
| Glaucidium capense | Wild | All | Democratic Republic of the Congo, Rwanda | b |
| Glaucidium perlatum | Wild | All | Cameroon, Guinea | b |
| Ketupa ketupu | Wild | All | Singapore | b |
| Nesasio solomonensis | Wild | All | Papua New Guinea, Solomon Islands | b |
| Ninox affinis | Wild | All | India | b |
| Ninox rudolfi | Wild | All | Indonesia | b |
| Otus angelinae | Wild | All | Indonesia | b |
| Otus capnodes | Wild | All | Comoros | b |
| Otus fuliginosus | Wild | All | Philippines | b |
| Otus insularis | Wild | All | Seychelles | b |
| Otus longicornis | Wild | All | Philippines | b |
| Otus mindorensis | Wild | All | Philippines | b |
| Otus mirus | Wild | All | Philippines | b |
| Otus pauliani | Wild | All | Comoros | b |
| Otus roboratus | Wild | All | Peru | b |
| Pseudoscops clamator | Wild | All | Peru | b |
| Ptilopsis leucotis | Wild | All | Guinea | b |
| Pulsatrix melanota | Wild | All | Peru | b |
| Scotopelia bouvieri | Wild | All | Cameroon | b |
| Scotopelia peli | Wild | All | Guinea | b |
| Scotopelia ussheri | Wild | All | Côte d’Ivoire, Ghana, Guinea, Liberia, Sierra Leone | b |
| Strix uralensis davidi | Wild | All | China | b |
| Strix woodfordii | Wild | All | Guinea | b |
| Tytonidae |
| Phodilus prigoginei | Wild | All | Democratic Republic of the Congo | b |
| Tyto aurantia | Wild | All | Papua New Guinea | b |
| Tyto inexspectata | Wild | All | Indonesia | b |
| Tyto manusi | Wild | All | Papua New Guinea | b |
| Tyto nigrobrunnea | Wild | All | Indonesia | b |
| Tyto sororcula | Wild | All | Indonesia | b |
| REPTILIA |
| CROCODYLIA |
| Alligatoridae |
| Caiman crocodilus | Wild | All | El Salvador, Guatemala, Mexico | b |
| Palaeosuchus trigonatus | Wild | All | Guyana | b |
| Crocodylidae |
| Crocodylus niloticus | Wild | All | Madagascar | b |
| SAURIA |
| Agamidae |
| Uromastyx aegyptia | Source ‘F’ (1) | All | Egypt | b |
| Uromastyx dispar | Wild | All | Algeria, Mali, Sudan | b |
| Uromastyx geyri | Wild | All | Mali, Niger | b |
| Chamaeleonidae |
| Brookesia decaryi | Wild | All | Madagascar | b |
| Calumma andringitraensis | Wild | All | Madagascar | b |
| Calumma boettgeri | Wild | All | Madagascar | b |
| Calumma brevicornis | Wild | All | Madagascar | b |
| Calumma capuroni | Wild | All | Madagascar | b |
| Calumma cucullata | Wild | All | Madagascar | b |
| Calumma fallax | Wild | All | Madagascar | b |
| Calumma furcifer | Wild | All | Madagascar | b |
| Calumma gallus | Wild | All | Madagascar | b |
| Calumma gastrotaenia | Wild | All | Madagascar | b |
| Calumma glawi | Wild | All | Madagascar | b |
| Calumma globifer | Wild | All | Madagascar | b |
| Calumma guibei | Wild | All | Madagascar | b |
| Calumma guillaumeti | Wild | All | Madagascar | b |
| Calumma hilleniusi | Wild | All | Madagascar | b |
| Calumma linota | Wild | All | Madagascar | b |
| Calumma malthe | Wild | All | Madagascar | b |
| Calumma marojezensis | Wild | All | Madagascar | b |
| Calumma nasuta | Wild | All | Madagascar | b |
| Calumma oshaughnessyi | Wild | All | Madagascar | b |
| Calumma parsonii | Wild | All | Madagascar | b |
| Calumma peyrierasi | Wild | All | Madagascar | b |
| Calumma tsaratananensis | Wild | All | Madagascar | b |
| Calumma vatosoa | Wild | All | Madagascar | b |
| Calumma vencesi | Wild | All | Madagascar | b |
| Chamaeleo camerunensis | Wild | All | Cameroon | b |
| Chamaeleo deremensis | Wild | All | Tanzania | b |
| Chamaeleo eisentrauti | Wild | All | Cameroon | b |
| Chamaeleo ellioti | Wild | All | Burundi | b |
| Chamaeleo feae | Wild | All | Equatorial Guinea | b |
| Chamaeleo fuelleborni | Wild | All | Tanzania | b |
| Chamaeleo gracilis | Wild | All | Benin | b |
| | Ranched | All | Benin | b |
| | Ranched | Snout-to-vent length greater than 8 cm | Togo | b |
| Chamaeleo montium | Wild | All | Cameroon | b |
| Chamaeleo pfefferi | Wild | All | Cameroon | b |
| Chamaeleo senegalensis | Ranched | Snout-to-vent length greater than 6 cm | Togo | b |
| Chamaeleo werneri | Wild | All | Tanzania | b |
| Chamaeleo wiedersheimi | Wild | All | Cameroon | b |
| Furcifer angeli | Wild | All | Madagascar | b |
| Furcifer antimena | Wild | All | Madagascar | b |
| Furcifer balteatus | Wild | All | Madagascar | b |
| Furcifer belalandaensis | Wild | All | Madagascar | b |
| Furcifer bifidus | Wild | All | Madagascar | b |
| Furcifer campani | Wild | All | Madagascar | b |
| Furcifer labordi | Wild | All | Madagascar | b |
| Furcifer minor | Wild | All | Madagascar | b |
| Furcifer monoceras | Wild | All | Madagascar | b |
| Furcifer nicosiai | Wild | All | Madagascar | b |
| Furcifer petteri | Wild | All | Madagascar | b |
| Furcifer rhinoceratus | Wild | All | Madagascar | b |
| Furcifer tuzetae | Wild | All | Madagascar | b |
| Furcifer willsii | Wild | All | Madagascar | b |
| Cordylidae |
| Cordylus mossambicus | Wild | All | Mozambique | b |
| Cordylus tropidosternum | Wild | All | Mozambique | b |
| Cordylus vittifer | Wild | All | Mozambique | b |
| Gekkonidae |
| Phelsuma abbotti | Wild | All | Madagascar | b |
| Phelsuma antanosy | Wild | All | Madagascar | b |
| Phelsuma barbouri | Wild | All | Madagascar | b |
| Phelsuma berghofi | Wild | All | Madagascar | b |
| Phelsuma breviceps | Wild | All | Madagascar | b |
| Phelsuma comorensis | Wild | All | Comoros | b |
| Phelsuma dubia | Wild | All | Comoros, Madagascar | b |
| Phelsuma flavigularis | Wild | All | Madagascar | b |
| Phelsuma guttata | Wild | All | Madagascar | b |
| Phelsuma hielscheri | Wild | All | Madagascar | b |
| Phelsuma klemmeri | Wild | All | Madagascar | b |
| Phelsuma laticauda | Wild | All | Comoros | b |
| Phelsuma malamakibo | Wild | All | Madagascar | b |
| Phelsuma masohoala | Wild | All | Madagascar | b |
| Phelsuma modesta | Wild | All | Madagascar | b |
| Phelsuma mutabilis | Wild | All | Madagascar | b |
| Phelsuma pronki | Wild | All | Madagascar | b |
| Phelsuma pusilla | Wild | All | Madagascar | b |
| Phelsuma seippi | Wild | All | Madagascar | b |
| Phelsuma serraticauda | Wild | All | Madagascar | b |
| Phelsuma standingi | Wild | All | Madagascar | b |
| Phelsuma v-nigra | Wild | All | Comoros | b |
| Uroplatus ebenaui | Wild | All | Madagascar | b |
| Uroplatus fimbriatus | Wild | All | Madagascar | b |
| Uroplatus guentheri | Wild | All | Madagascar | b |
| Uroplatus henkeli | Wild | All | Madagascar | b |
| Uroplatus lineatus | Wild | All | Madagascar | b |
| Uroplatus malama | Wild | All | Madagascar | b |
| Uroplatus phantasticus | Wild | All | Madagascar | b |
| Uroplatus pietschmanni | Wild | All | Madagascar | b |
| Uroplatus sikorae | Wild | All | Madagascar | b |
| Helodermatidae |
| Heloderma horridum | Wild | All | Guatemala, Mexico | b |
| Heloderma suspectum | Wild | All | Mexico, United States | b |
| Iguanidae |
| Conolophus pallidus | Wild | All | Ecuador | b |
| Conolophus subcristatus | Wild | All | Ecuador | b |
| Iguana iguana | Wild | All | El Salvador | b |
| Scincidae |
| Corucia zebrata | Wild | All | Solomon Islands | b |
| Varanidae |
| Varanus bogerti | Wild | All | Papua New Guinea | b |
| Varanus dumerilii | Wild | All | Indonesia | b |
| Varanus exanthematicus | Wild | All | Benin, Togo | b |
| | Ranched | All | Benin | b |
| | Ranched | Greater than 35 cm in length | Togo | b |
| Varanus jobiensis (synonym V. karlschmidti) | Wild | All | Indonesia | b |
| Varanus keithhornei | Wild | All | Australia | b |
| Varanus niloticus | Wild | All | Benin, Burundi, Mozambique, Togo | b |
| | Ranched | All | Benin, Togo | b |
| Varanus ornatus | Wild | All | Togo | b |
| | Ranched | All | Togo | b |
| Varanus prasinus beccarii | Wild | All | Indonesia | b |
| Varanus salvadorii | Wild | All | Indonesia | b |
| Varanus salvator | Wild | All | China, India, Singapore | b |
| Varanus telenesetes | Wild | All | Papua New Guinea | b |
| Varanus yemenensis | Wild | All | All | b |
| SERPENTES |
| Boidae |
| Boa constrictor | Wild | All | El Salvador, Honduras | b |
| Calabaria reinhardtii | Wild | All | Togo | b |
| | Ranched | All | Benin, Togo | b |
| Eunectes deschauenseei | Wild | All | Brazil | b |
| Eunectes murinus | Wild | All | Paraguay | b |
| Gongylophis colubrinus | Wild | All | Tanzania | b |
| Elapidae |
| Naja atra | Wild | All | Laos | b |
| Naja kaouthia | Wild | All | Laos | b |
| Naja siamensis | Wild | All | Laos | b |
| Pythonidae |
| Liasis fuscus | Wild | All | Indonesia | b |
| Morelia boeleni | Wild | All | Indonesia | b |
| Python molurus | Wild | All | China | b |
| Python regius | Wild | All | Benin, Guinea | b |
| Python reticulatus | Wild | All | India, Malaysia (Peninsular), Singapore | b |
| Python sebae | Wild | All | Mauritania, Mozambique | b |
| | Ranched | All | Mozambique | b |
| TESTUDINES |
| Emydidae |
| Chrysemys picta | All | Live | All | d |
| Trachemys scripta elegans | All | Live | All | d |
| Geoemydidae |
| Callagur borneoensis | Wild | All | All | b |
| Cuora amboinensis | Wild | All | Indonesia, Malaysia | b |
| Cuora galbinifrons | Wild | All | China | b |
| Heosemys spinosa | Wild | All | Indonesia | b |
| Leucocephalon yuwonoi | Wild | All | Indonesia | b |
| Malayemys subtrijuga | Wild | All | Indonesia | b |
| Notochelys platynota | Wild | All | Indonesia | b |
| Siebenrockiella crassicollis | Wild | All | Indonesia | b |
| Podocnemididae |
| Erymnochelys madagascariensis | Wild | All | Madagascar | b |
| Peltocephalus dumerilianus | Wild | All | Guyana | b |
| Podocnemis erythrocephala | Wild | All | Colombia, Venezuela | b |
| Podocnemis expansa | Wild | All | Colombia, Ecuador, Guyana, Peru, Trinidad and Tobago, Venezuela | b |
| Podocnemis lewyana | Wild | All | All | b |
| Podocnemis sextuberculata | Wild | All | Peru | b |
| Podocnemis unifilis | Wild | All | Suriname | b |
| Testudinidae |
| Aldabrachelys gigantea | Wild | All | Seychelles | b |
| Chelonoidis denticulata | Wild | All | Bolivia, Ecuador | b |
| Geochelone elegans | Wild | All | Pakistan | b |
| Geochelone platynota | Wild | All | Myanmar | b |
| Geochelone sulcata | Ranched | All | Togo, Benin | b |
| Gopherus agassizii | Wild | All | All | b |
| Gopherus berlandieri | Wild | All | All | b |
| Gopherus polyphemus | Wild | All | United States | b |
| Indotestudo elongata | Wild | All | Bangladesh, China, India | b |
| Indotestudo forstenii | Wild | All | All | b |
| Indotestudo travancorica | Wild | All | All | b |
| Kinixys belliana | Wild | All | Mozambique | b |
| | Ranched | All | Benin | b |
| Kinixys homeana | Wild | All | Benin, Togo | b |
| | Ranched | All | Benin | b |
| Kinixys spekii | Wild | All | Mozambique | b |
| Manouria emys | Wild | All | Bangladesh, India, Indonesia, Myanmar, Thailand | b |
| Manouria impressa | Wild | All | Vietnam | b |
| Stigmochelys pardalis | Wild | All | Democratic Republic of the Congo, Mozambique, Uganda, Tanzania | b |
| | Ranched | All | Mozambique, Zambia | b |
| | Source ‘F’ (1) | All | Zambia | b |
| Testudo horsfieldii | Wild | All | China, Kazakhstan, Pakistan | b |
| Trionychidae |
| Amyda cartilaginea | Wild | All | Indonesia | b |
| Chitra chitra | Wild | All | Malaysia | b |
| Pelochelys cantorii | Wild | All | Indonesia | b |
| AMPHIBIA |
| ANURA |
| Dendrobatidae |
| Cryptophyllobates azureiventris | Wild | All | Peru | b |
| Dendrobates variabilis | Wild | All | Peru | b |
| Dendrobates ventrimaculatus | Wild | All | Peru | b |
| Mantellidae |
| Mantella aurantiaca | Wild | All | Madagascar | b |
| Mantella baroni (syn. Phrynomantis maculatus) | Wild | All | Madagascar | b |
| Mantella aff. baroni | Wild | All | Madagascar | b |
| Mantella bernhardi | Wild | All | Madagascar | b |
| Mantella cowanii | Wild | All | Madagascar | b |
| Mantella crocea | Wild | All | Madagascar | b |
| Mantella expectata | Wild | All | Madagascar | b |
| Mantella haraldmeieri (syn. M. madagascariensis haraldmeieri) | Wild | All | Madagascar | b |
| Mantella laevigata | Wild | All | Madagascar | b |
| Mantella madagascariensis | Wild | All | Madagascar | b |
| Mantella manery | Wild | All | Madagascar | b |
| Mantella milotympanum (syn. M. aurantiaca milotympanum) | Wild | All | Madagascar | b |
| Mantella nigricans (syn. M. cowani nigricans) | Wild | All | Madagascar | b |
| Mantella pulchra | Wild | All | Madagascar | b |
| Mantella viridis | Wild | All | Madagascar | b |
| Microhylidae |
| Scaphiophryne gottlebei | Wild | All | Madagascar | b |
| Ranidae |
| Conraua goliath | Wild | All | Cameroon | b |
| Rana catesbeiana | All | Live | All | d |
| ACTINOPTERYGII |
| PERCIFORMES |
| Labridae |
| Cheilinus undulatus | Wild | All | Indonesia | b |
| SYNGNATHIFORMES |
| Syngnathidae |
| Hippocampus barbouri | Wild | All | Indonesia | b |
| Hippocampus comes | Wild | All | Indonesia | b |
| Hippocampus histrix | Wild | All | Indonesia | b |
| Hippocampus kelloggi | Wild | All | Indonesia | b |
| Hippocampus kuda | Wild | All | Indonesia, Vietnam | b |
| Hippocampus spinosissimus | Wild | All | Indonesia | b |
| ARTHROPODA |
| ARACHNIDA |
| ARANEAE |
| Theraphosidae |
| Brachypelma albopilosum | Wild | All | Nicaragua | b |
| SCORPIONES |
| Scorpionidae |
| Pandinus imperator | Ranched | All | Benin | b |
| INSECTA |
| LEPIDOPTERA |
| Papilionidae |
| Ornithoptera croesus | Wild | All | Indonesia | b |
| Ornithoptera tithonus | Wild | All | Indonesia | b |
| Ornithoptera urvillianus | Wild | All | Solomon Islands | b |
| | Ranched | All | Solomon Islands | b |
| Ornithoptera victoriae | Wild | All | Solomon Islands | b |
| | Ranched | All | Solomon Islands | b |
| Troides andromache | Wild | All | Indonesia | b |
| | Ranched | All | Indonesia | b |
| MOLLUSCA |
| BIVALVIA |
| MESOGASTROPODA |
| Strombidae |
| Strombus gigas | Wild | All | Grenada, Haiti | b |
| VENEROIDA |
| Tridacnidae |
| Hippopus hippopus | Wild | All | New Caledonia, Tonga, Vanuatu, Vietnam | b |
| Tridacna crocea | Wild | All | Fiji, Tonga, Vanuatu, Vietnam | b |
| Tridacna derasa | Wild | All | Fiji, New Caledonia, Philippines, Palau, Tonga, Vanuatu, Vietnam | b |
| Tridacna gigas | Wild | All | Fiji, Indonesia, Marshall Islands, Micronesia, Palau, Papua New Guinea, Solomon Islands, Tonga, Vanuatu, Vietnam | b |
| Tridacna maxima | Wild | All | Micronesia, Fiji, Marshall Islands, Mozambique, New Caledonia, Tonga, Vanuatu, Vietnam | b |
| Tridacna rosewateri | Wild | All | Mozambique | b |
| Tridacna squamosa | Wild | All | Fiji, Mozambique, New Caledonia, Tonga, Vanuatu, Vietnam | b |
| Tridacna tevoroa | Wild | All | Tonga | b |
| CNIDARIA |
| HELIOPORACEA |
| Helioporidae |
| Heliopora coerulea | Wild | All | Solomon Islands | b |
| SCLERACTINIA |
| Acroporidae |
| Montipora caliculata | Wild | All | Tonga | b |
| Agariciidae |
| Agaricia agaricites | Wild | All | Haiti | b |
| Caryophylliidae |
| Catalaphyllia jardinei | Wild | All except maricultured specimens attached to artificial substrates | Indonesia | b |
| Catalaphyllia jardinei | Wild | All | Solomon Islands | b |
| Euphyllia cristata | Wild | All except maricultured specimens attached to artificial substrates | Indonesia | b |
| Euphyllia divisa | Wild | All except maricultured specimens attached to artificial substrates | Indonesia | b |
| Euphyllia fimbriata | Wild | All except maricultured specimens attached to artificial substrates | Indonesia | b |
| Plerogyra spp. | Wild | All except maricultured specimens attached to artificial substrates | Indonesia | b |
| Faviidae |
| Favites halicora | Wild | All | Tonga | b |
| Platygyra sinensis | Wild | All | Tonga | b |
| Merulinidae |
| Hydnophora microconos | Wild | All except maricultured specimens attached to artificial substrates | Indonesia | b |
| Mussidae |
| Acanthastrea hemprichii | Wild | All | Tonga | b |
| Blastomussa spp. | Wild | All except maricultured specimens attached to artificial substrates | Indonesia | b |
| Cynarina lacrymalis | Wild | All except maricultured specimens attached to artificial substrates | Indonesia | b |
| Scolymia vitiensis | Wild | All | Tonga | b |
| Scolymia vitiensis | Wild | All except maricultured specimens attached to artificial substrates | Indonesia | b |
| Pocilloporidae |
| Seriatopora stellata | Wild | All | Indonesia | b |
| Trachyphylliidae |
| Trachyphyllia geoffroyi | Wild | All | Fiji | b |
| Trachyphyllia geoffroyi | Wild | All except maricultured specimens attached to artificial substrates | Indonesia | b |
| FLORA |
| Amaryllidaceae |
| Galanthus nivalis | Wild | All | Bosnia and Herzegovina, Switzerland, Ukraine | b |
| Apocynaceae |
| Pachypodium inopinatum | Wild | All | Madagascar | b |
| Pachypodium rosulatum | Wild | All | Madagascar | b |
| Pachypodium rutenbergianum ssp. sofiense | Wild | All | Madagascar | b |
| Cycadaceae |
| Cycadaceae spp. | Wild | All | Madagascar, Mozambique, Vietnam | b |
| Euphorbiaceae |
| Euphorbia ankarensis | Wild | All | Madagascar | b |
| Euphorbia banae | Wild | All | Madagascar | b |
| Euphorbia berorohae | Wild | All | Madagascar | b |
| Euphorbia bongolavensis | Wild | All | Madagascar | b |
| Euphorbia bulbispina | Wild | All | Madagascar | b |
| Euphorbia duranii | Wild | All | Madagascar | b |
| Euphorbia fiananantsoae | Wild | All | Madagascar | b |
| Euphorbia guillauminiana | Wild | All | Madagascar | b |
| Euphorbia iharanae | Wild | All | Madagascar | b |
| Euphorbia kondoi | Wild | All | Madagascar | b |
| Euphorbia labatii | Wild | All | Madagascar | b |
| Euphorbia lophogona | Wild | All | Madagascar | b |
| Euphorbia millotii | Wild | All | Madagascar | b |
| Euphorbia neohumbertii | Wild | All | Madagascar | b |
| Euphorbia pachypodoides | Wild | All | Madagascar | b |
| Euphorbia razafindratsirae | Wild | All | Madagascar | b |
| Euphorbia suzannae-manieri | Wild | All | Madagascar | b |
| Euphorbia waringiae | Wild | All | Madagascar | b |
| Orchidaceae |
| Anacamptis pyramidalis | Wild | All | Switzerland, Turkey | b |
| Barlia robertiana | Wild | All | Turkey | b |
| Cephalanthera rubra | Wild | All | Norway | b |
| Cypripedium japonicum | Wild | All | China, North Korea, Japan, South Korea | b |
| Cypripedium macranthos | Wild | All | South Korea, Russia | b |
| Cypripedium margaritaceum | Wild | All | China | b |
| Cypripedium micranthum | Wild | All | China | b |
| Dactylorhiza latifolia | Wild | All | Norway | b |
| Dactylorhiza romana | Wild | All | Turkey | b |
| Dactylorhiza russowii | Wild | All | Norway | b |
| Dactylorhiza traunsteineri | Wild | All | Liechtenstein | b |
| Dendrobium bellatulum | Wild | All | Vietnam | b |
| Dendrobium wardianum | Wild | All | Vietnam | b |
| Himantoglossum hircinum | Wild | All | Switzerland | b |
| Nigritella nigra | Wild | All | Norway | b |
| Ophrys holoserica | Wild | All | Turkey | b |
| Ophrys insectifera | Wild | All | Liechtenstein, Norway | b |
| Ophrys pallida | Wild | All | Algeria | b |
| Ophrys sphegodes | Wild | All | Switzerland | b |
| Ophrys tenthredinifera | Wild | All | Turkey | b |
| Ophrys umbilicata | Wild | All | Turkey | b |
| Orchis coriophora | Wild | All | Russia, Switzerland | b |
| Orchis italica | Wild | All | Turkey | b |
| Orchis laxiflora | Wild | All | Switzerland | b |
| Orchis mascula | Wild/Ranched | All | Albania | b |
| Orchis morio | Wild | All | Turkey | b |
| Orchis pallens | Wild | All | Russia | b |
| Orchis provincialis | Wild | All | Switzerland | b |
| Orchis punctulata | Wild | All | Turkey | b |
| Orchis purpurea | Wild | All | Switzerland, Turkey | b |
| Orchis simia | Wild | All | Bosnia and Herzegovina, Croatia, former Yugoslav Republic of Macedonia, Switzerland, Turkey | b |
| Orchis tridentata | Wild | All | Turkey | b |
| Orchis ustulata | Wild | All | Russia | b |
| Phalaenopsis parishii | Wild | All | Vietnam | b |
| Serapias cordigera | Wild | All | Turkey | b |
| Serapias parviflora | Wild | All | Turkey | b |
| Serapias vomeracea | Wild | All | Switzerland, Turkey | b |
| Spiranthes spiralis | Wild | All | Liechtenstein, Switzerland | b |
| Primulaceae |
| Cyclamen intaminatum | Wild | All | Turkey | b |
| Cyclamen mirabile | Wild | All | Turkey | b |
| Cyclamen pseudibericum | Wild | All | Turkey | b |
| Cyclamen trochopteranthum | Wild | All | Turkey | b |
| Stangeriaceae |
| Stangeriaceae spp. | Wild | All | Madagascar, Mozambique, Vietnam | b |
| Zamiaceae |
| Zamiaceae spp. | Wild | All | Madagascar, Mozambique, Vietnam | b |

Species

Source(s) covered

Specimen(s) covered

Countries of origin

Basis in Article 4(6), point:

FAUNA

CHORDATA

MAMMALIA

ARTIODACTYLA

Bovidae

Ovis vignei bocharensis

Wild

All

Uzbekistan

b

Saiga borealis

Wild

All

Russia

b

Saiga tatarica

Wild

All

Kazakhstan, Russia

b

Cervidae

Cervus elaphus bactrianus

Wild

All

Uzbekistan

b

Hippopotamidae

Hexaprotodon liberiensis (synonym Choeropsis liberiensis)

Wild

All

Côte d’Ivoire, Guinea, Guinea-Bissau, Nigeria, Sierra Leone

b

Hippopotamus amphibius

Wild

All

Democratic Republic of the Congo, Gambia, Malawi, Niger, Nigeria, Sierra Leone, Togo

b

Moschidae

Moschus anhuiensis

Wild

All

China

b

Moschus berezovskii

Wild

All

China

b

Moschus chrysogaster

Wild

All

China

b

Moschus fuscus

Wild

All

China

b

Moschus moschiferus

Wild

All

China, Russia

b

CARNIVORA

Canidae

Chrysocyon brachyurus

Wild

All

Bolivia, Peru

b

Eupleridae

Cryptoprocta ferox

Wild

All

Madagascar

b

Eupleres goudotii

Wild

All

Madagascar

b

Fossa fossana

Wild

All

Madagascar

b

Felidae

Leopardus colocolo

Wild

All

Chile

b

Leopardus pajeros

Wild

All

Chile

b

Leptailurus serval

Wild

All

Algeria

b

Panthera leo

Wild

All

Ethiopia

b

Prionailurus bengalensis

Wild

All

China (Macau)

b

Profelis aurata

Wild

All

Togo

b

Mustelidae

Hydrictis maculicollis

Wild

All

Tanzania

b

Odobenidae

Odobenus rosmarus

Wild

All

Greenland

b

Viverridae

Cynogale bennettii

Wild

All

Brunei, China, Indonesia, Malaysia, Thailand

b

MONOTREMATA

Tachyglossidae

Zaglossus bartoni

Wild

All

Indonesia, Papua New Guinea

b

Zaglossus bruijni

Wild

All

Indonesia

b

PERISSODACTYLA

Equidae

Equus zebra hartmannae

Wild

All

Angola

b

PHOLIDOTA

Manidae

Manis temminckii

Wild

All

Democratic Republic of the Congo

b

PILOSA

Myrmecophagidae

Myrmecophaga tridactyla

Wild

All

Belize, Uruguay

b

PRIMATES

Atelidae

Alouatta guariba

Wild

All

All

b

Alouatta macconnelli

Wild

All

Trinidad and Tobago

b

Ateles belzebuth

Wild

All

All

b

Ateles fusciceps

Wild

All

All

b

Ateles geoffroyi

Wild

All

All

b

Ateles hybridus

Wild

All

All

b

Ateles paniscus

Wild

All

Peru

b

Lagothrix cana

Wild

All

All

b

Lagothrix lagotricha

Wild

All

All

b

Lagothrix lugens

Wild

All

All

b

Lagothrix poeppigii

Wild

All

All

b

Cebidae

Callithrix geoffroyi (synonym C. jacchus geoffroyi)

Wild

All

Brazil

b

Cebus capucinus

Wild

All

Belize

b

Cercopithecidae

Cercocebus atys

Wild

All

Ghana

b

Cercopithecus ascanius

Wild

All

Burundi

b

Cercopithecus cephus

Wild

All

Central African Republic

b

Cercopithecus dryas (including C. salongo)

Wild

All

Democratic Republic of the Congo

b

Cercopithecus erythrogaster

Wild

All

All

b

Cercopithecus erythrotis

Wild

All

All

b

Cercopithecus hamlyni

Wild

All

All

b

Cercopithecus mona

Wild

All

Togo

b

Cercopithecus petaurista

Wild

All

Togo

b

Cercopithecus pogonias

Wild

All

Cameroon, Equatorial Guinea, Nigeria

b

Cercopithecus preussi (synonym C. lhoesti preussi)

Wild

All

Cameroon, Equatorial Guinea, Nigeria

b

Colobus polykomos

Wild

All

Côte d’Ivoire

b

Colobus vellerosus

Wild

All

Côte d’Ivoire, Ghana, Nigeria, Togo

b

Lophocebus albigena (synonym Cercocebus albigena)

Wild

All

Nigeria

b

Macaca arctoides

Wild

All

India, Malaysia, Thailand

b

Macaca assamensis

Wild

All

Nepal

b

Macaca cyclopis

Wild

All

All

b

Macaca fascicularis

Wild

All

Bangladesh, India

b

Macaca leonina

Wild

All

China

b

Macaca maura

Wild

All

Indonesia

b

Macaca nigra

Wild

All

Indonesia

b

Macaca nigrescens

Wild

All

Indonesia

b

Macaca ochreata

Wild

All

Indonesia

b

Macaca pagensis

Wild

All

Indonesia

b

Macaca sylvanus

Wild

All

Algeria, Morocco

b

Papio anubis

Wild

All

Libya

b

Papio papio

Wild

All

Guinea-Bissau

b

Piliocolobus badius (synonym Colobus badius)

Wild

All

All

b

Procolobus verus (synonym Colobus verus)

Wild

All

Benin, Côte d’Ivoire, Ghana, Sierra Leone, Togo

b

Trachypithecus phayrei (synonym Presbytis phayrei)

Wild

All

Cambodia, China, India

b

Trachypithecus vetulus (synonym Presbytis senex)

Wild

All

Sri Lanka

b

Galagidae

Euoticus pallidus (synonym Galago elegantulus pallidus)

Wild

All

Nigeria

b

Galago demidoff (synonym Galago demidovii)

Wild

All

Burkina Faso, Central African Republic

b

Galago granti

Wild

All

Malawi

b

Galago matschiei (synonym G. inustus)

Wild

All

Rwanda

b

Lorisidae

Arctocebus aureus

Wild

All

Central African Republic, Gabon

b

Arctocebus calabarensis

Wild

All

Nigeria

b

Nycticebus pygmaeus

Wild

All

Cambodia, Laos

b

Perodicticus potto

Wild

All

Togo

b

Pithecidae

Chiropotes chiropotes

Wild

All

Brazil, Guyana

b

Chiropotes israelita

Wild

All

Brazil

b

Chiropotes satanas

Wild

All

Brazil

b

Chiropotes utahickae

Wild

All

Brazil

b

Pithecia pithecia

Wild

All

Guyana

b

RODENTIA

Sciuridae

Ratufa affinis

Wild

All

Singapore

b

Ratufa bicolor

Wild

All

China

b

AVES

ANSERIFORMES

Anatidae

Anas bernieri

Wild

All

Madagascar

b

Oxyura jamaicensis

All

Live

All

d

APODIFORMES

Trochilidae

Chalcostigma olivaceum

Wild

All

Peru

b

Heliodoxa rubinoides

Wild

All

Peru

b

CICONIIFORMES

Balaenicipitidae

Balaeniceps rex

Wild

All

Tanzania, Zambia

b

COLUMBIFORMES

Columbidae

Goura cristata

Wild

All

Indonesia

b

Goura scheepmakeri

Wild

All

Indonesia

b

Goura victoria

Wild

All

Indonesia

b

CORACIIFORMES

Bucerotidae

Buceros rhinoceros

Wild

All

Thailand

b

CUCULIFORMES

Musophagidae

Tauraco corythaix

Wild

All

Mozambique

b

Tauraco fischeri

Wild

All

Tanzania

b

Tauraco macrorhynchus

Wild

All

Guinea

b

Tauraco porphyreolopha

Wild

All

Uganda

b

FALCONIFORMES

Accipitridae

Accipiter brachyurus

Wild

All

Papua New Guinea

b

Accipiter erythropus

Wild

All

Guinea

b

Accipiter gundlachi

Wild

All

Cuba

b

Accipiter imitator

Wild

All

Papua New Guinea, Solomon Islands

b

Accipiter melanoleucus

Wild

All

Guinea

b

Accipiter ovampensis

Wild

All

Guinea

b

Aquila rapax

Wild

All

Guinea

b

Aviceda cuculoides

Wild

All

Guinea

b

Buteo albonotatus

Wild

All

Peru

b

Buteo galapagoensis

Wild

All

Ecuador

b

Buteo platypterus

Wild

All

Peru

b

Buteo ridgwayi

Wild

All

Dominican Republic, Haiti

b

Erythrotriorchis radiatus

Wild

All

Australia

b

Gyps africanus

Wild

All

Guinea

b

Gyps bengalensis

Wild

All

All

b

Gyps coprotheres

Wild

All

Mozambique, Namibia, Swaziland

b

Gyps indicus

Wild

All

All

b

Gyps rueppellii

Wild

All

Guinea

b

Gyps tenuirostris

Wild

All

All

b

Harpyopsis novaeguineae

Wild

All

Indonesia, Papua New Guinea

b

Hieraaetus ayresii

Wild

All

Cameroon, Guinea, Togo

b

Hieraaetus spilogaster

Wild

All

Guinea, Togo

b

Leucopternis lacernulatus

Wild

All

Brazil

b

Lophaetus occipitalis

Wild

All

Guinea

b

Lophoictinia isura

Wild

All

Australia

b

Macheiramphus alcinus

Wild

All

Guinea

b

Polemaetus bellicosus

Wild

All

Cameroon, Guinea, Togo

b

Spizaetus africanus

Wild

All

Guinea

b

Spizaetus bartelsi

Wild

All

Indonesia

b

Stephanoaetus coronatus

Wild

All

Côte d’Ivoire, Guinea, Togo

b

Terathopius ecaudatus

Wild

All

Guinea

b

Torgos tracheliotus

Wild

All

Cameroon, Sudan

b

Trigonoceps occipitalis

Wild

All

Côte d’Ivoire, Guinea

b

Urotriorchis macrourus

Wild

All

Guinea

b

Falconidae

Falco chicquera

Wild

All

Guinea, Togo

b

Falco deiroleucus

Wild

All

Belize, Guatemala

b

Falco fasciinucha

Wild

All

Botswana, Ethiopia, Kenya, Malawi, Mozambique, South Africa, Sudan, Tanzania, Zambia, Zimbabwe

b

Falco hypoleucos

Wild

All

Australia, Papua New Guinea

b

Micrastur plumbeus

Wild

All

Colombia, Ecuador

b

Sagittariidae

Sagittarius serpentarius

Wild

All

Cameroon, Guinea, Togo

b

GALLIFORMES

Phasianidae

Polyplectron schleiermacheri

Wild

All

Indonesia, Malaysia

b

GRUIFORMES

Gruidae

Anthropoides virgo

Wild

All

Sudan

b

Balearica pavonina

Wild

All

Guinea, Mali

b

Balearica regulorum

Wild

All

Angola, Botswana, Burundi, Democratic Republic of the Congo, Kenya, Lesotho, Malawi, Mozambique, Namibia, Rwanda, South Africa, Swaziland, Uganda, Zambia, Zimbabwe

b

Bugeranus carunculatus

Wild

All

South Africa, Tanzania

b

PASSERIFORMES

Pittidae

Pitta nympha

Wild

All

All (except Vietnam)

b

Pycnonotidae

Pycnonotus zeylanicus

Wild

All

Malaysia

b

PSITTACIFORMES

Cacatuidae

Cacatua sanguinea

Wild

All

Indonesia

b

Loriidae

Charmosyna aureicincta

Wild

All

Fiji

b

Charmosyna diadema

Wild

All

All

b

Lorius domicella

Wild

All

Indonesia

b

Trichoglossus johnstoniae

Wild

All

Philippines

b

Psittacidae

Agapornis fischeri

Wild

All

Tanzania

b

Ranched

All

Mozambique

b

Agapornis lilianae

Wild

All

Tanzania

b

Agapornis nigrigenis

Wild

All

All

b

Agapornis pullarius

Wild

All

Angola, Democratic Republic of the Congo, Côte d’Ivoire, Guinea, Kenya, Mali, Togo

b

Alisterus chloropterus chloropterus

Wild

All

Indonesia

b

Amazona agilis

Wild

All

Jamaica

b

Amazona autumnalis

Wild

All

Ecuador

b

Amazona collaria

Wild

All

Jamaica

b

Amazona mercenaria

Wild

All

Venezuela

b

Amazona xanthops

Wild

All

Bolivia, Paraguay

b

Ara chloropterus

Wild

All

Argentina, Panama

b

Ara severus

Wild

All

Guyana

b

Aratinga acuticaudata

Wild

All

Uruguay

b

Aratinga aurea

Wild

All

Argentina

b

Aratinga auricapillus

Wild

All

All

b

Aratinga euops

Wild

All

Cuba

b

Bolborhynchus ferrugineifrons

Wild

All

Colombia

b

Coracopsis vasa

Wild

All

Madagascar

b

Cyanoliseus patagonus

Wild

All

Chile, Uruguay

b

Deroptyus accipitrinus

Wild

All

Peru, Surinam

b

Eclectus roratus

Wild

All

Indonesia

b

Forpus xanthops

Wild

All

Peru

b

Hapalopsittaca amazonina

Wild

All

All

b

Hapalopsittaca fuertesi

Wild

All

Colombia

b

Hapalopsittaca pyrrhops

Wild

All

All

b

Leptosittaca branickii

Wild

All

All

b

Nannopsittaca panychlora

Wild

All

Brazil

b

Pionus chalcopterus

Wild

All

Peru

b

Poicephalus cryptoxanthus

Wild

All

Tanzania

b

Poicephalus gulielmi

Wild

All

Cameroon, Côte d’Ivoire, Congo, Guinea

b

Poicephalus meyeri

Wild

All

Tanzania

b

Poicephalus robustus

Wild

All

Botswana, Democratic Republic of the Congo, Côte d’Ivoire, Gambia, Guinea, Mali, Namibia, Nigeria, Senegal, South Africa, Swaziland, Togo, Uganda

b

Poicephalus rufiventris

Wild

All

Tanzania

b

Polytelis alexandrae

Wild

All

Australia

b

Prioniturus luconensis

Wild

All

Philippines

b

Psittacula alexandri

Wild

All

Indonesia

b

Psittacula finschii

Wild

All

Bangladesh, Cambodia

b

Psittacula roseata

Wild

All

China

b

Psittacus erithacus

Wild

All

Benin, Burundi, Equatorial Guinea, Liberia, Mali, Nigeria, Togo

b

Psittacus erithacus timneh

Wild

All

Guinea, Guinea-Bissau

b

Psittrichas fulgidus

Wild

All

All

b

Pyrrhura albipectus

Wild

All

Ecuador

b

Pyrrhura caeruleiceps

Wild

All

Colombia

b

Pyrrhura calliptera

Wild

All

Colombia

b

Pyrrhura leucotis

Wild

All

Brazil

b

Pyrrhura orcesi

Wild

All

Ecuador

b

Pyrrhura pfrimeri

Wild

All

Brazil

b

Pyrrhura subandina

Wild

All

Colombia

b

Pyrrhura viridicata

Wild

All

Colombia

b

Tanygnathus gramineus

Wild

All

Indonesia

b

Touit melanonotus

Wild

All

Brazil

b

Touit surdus

Wild

All

Brazil

b

Triclaria malachitacea

Wild

All

Argentina, Brazil

b

STRIGIFORMES

Strigidae

Asio capensis

Wild

All

Guinea

b

Bubo blakistoni

Wild

All

China, Japan, Russia

b

Bubo lacteus

Wild

All

Guinea

b

Bubo philippensis

Wild

All

Philippines

b

Bubo poensis

Wild

All

Guinea

b

Bubo vosseleri

Wild

All

Tanzania

b

Glaucidium capense

Wild

All

Democratic Republic of the Congo, Rwanda

b

Glaucidium perlatum

Wild

All

Cameroon, Guinea

b

Ketupa ketupu

Wild

All

Singapore

b

Nesasio solomonensis

Wild

All

Papua New Guinea, Solomon Islands

b

Ninox affinis

Wild

All

India

b

Ninox rudolfi

Wild

All

Indonesia

b

Otus angelinae

Wild

All

Indonesia

b

Otus capnodes

Wild

All

Comoros

b

Otus fuliginosus

Wild

All

Philippines

b

Otus insularis

Wild

All

Seychelles

b

Otus longicornis

Wild

All

Philippines

b

Otus mindorensis

Wild

All

Philippines

b

Otus mirus

Wild

All

Philippines

b

Otus pauliani

Wild

All

Comoros

b

Otus roboratus

Wild

All

Peru

b

Pseudoscops clamator

Wild

All

Peru

b

Ptilopsis leucotis

Wild

All

Guinea

b

Pulsatrix melanota

Wild

All

Peru

b

Scotopelia bouvieri

Wild

All

Cameroon

b

Scotopelia peli

Wild

All

Guinea

b

Scotopelia ussheri

Wild

All

Côte d’Ivoire, Ghana, Guinea, Liberia, Sierra Leone

b

Strix uralensis davidi

Wild

All

China

b

Strix woodfordii

Wild

All

Guinea

b

Tytonidae

Phodilus prigoginei

Wild

All

Democratic Republic of the Congo

b

Tyto aurantia

Wild

All

Papua New Guinea

b

Tyto inexspectata

Wild

All

Indonesia

b

Tyto manusi

Wild

All

Papua New Guinea

b

Tyto nigrobrunnea

Wild

All

Indonesia

b

Tyto sororcula

Wild

All

Indonesia

b

REPTILIA

CROCODYLIA

Alligatoridae

Caiman crocodilus

Wild

All

El Salvador, Guatemala, Mexico

b

Palaeosuchus trigonatus

Wild

All

Guyana

b

Crocodylidae

Crocodylus niloticus

Wild

All

Madagascar

b

SAURIA

Agamidae

Uromastyx aegyptia

Source ‘F’ (1)

All

Egypt

b

Uromastyx dispar

Wild

All

Algeria, Mali, Sudan

b

Uromastyx geyri

Wild

All

Mali, Niger

b

Chamaeleonidae

Brookesia decaryi

Wild

All

Madagascar

b

Calumma andringitraensis

Wild

All

Madagascar

b

Calumma boettgeri

Wild

All

Madagascar

b

Calumma brevicornis

Wild

All

Madagascar

b

Calumma capuroni

Wild

All

Madagascar

b

Calumma cucullata

Wild

All

Madagascar

b

Calumma fallax

Wild

All

Madagascar

b

Calumma furcifer

Wild

All

Madagascar

b

Calumma gallus

Wild

All

Madagascar

b

Calumma gastrotaenia

Wild

All

Madagascar

b

Calumma glawi

Wild

All

Madagascar

b

Calumma globifer

Wild

All

Madagascar

b

Calumma guibei

Wild

All

Madagascar

b

Calumma guillaumeti

Wild

All

Madagascar

b

Calumma hilleniusi

Wild

All

Madagascar

b

Calumma linota

Wild

All

Madagascar

b

Calumma malthe

Wild

All

Madagascar

b

Calumma marojezensis

Wild

All

Madagascar

b

Calumma nasuta

Wild

All

Madagascar

b

Calumma oshaughnessyi

Wild

All

Madagascar

b

Calumma parsonii

Wild

All

Madagascar

b

Calumma peyrierasi

Wild

All

Madagascar

b

Calumma tsaratananensis

Wild

All

Madagascar

b

Calumma vatosoa

Wild

All

Madagascar

b

Calumma vencesi

Wild

All

Madagascar

b

Chamaeleo camerunensis

Wild

All

Cameroon

b

Chamaeleo deremensis

Wild

All

Tanzania

b

Chamaeleo eisentrauti

Wild

All

Cameroon

b

Chamaeleo ellioti

Wild

All

Burundi

b

Chamaeleo feae

Wild

All

Equatorial Guinea

b

Chamaeleo fuelleborni

Wild

All

Tanzania

b

Chamaeleo gracilis

Wild

All

Benin

b

Ranched

All

Benin

b

Ranched

Snout-to-vent length greater than 8 cm

Togo

b

Chamaeleo montium

Wild

All

Cameroon

b

Chamaeleo pfefferi

Wild

All

Cameroon

b

Chamaeleo senegalensis

Ranched

Snout-to-vent length greater than 6 cm

Togo

b

Chamaeleo werneri

Wild

All

Tanzania

b

Chamaeleo wiedersheimi

Wild

All

Cameroon

b

Furcifer angeli

Wild

All

Madagascar

b

Furcifer antimena

Wild

All

Madagascar

b

Furcifer balteatus

Wild

All

Madagascar

b

Furcifer belalandaensis

Wild

All

Madagascar

b

Furcifer bifidus

Wild

All

Madagascar

b

Furcifer campani

Wild

All

Madagascar

b

Furcifer labordi

Wild

All

Madagascar

b

Furcifer minor

Wild

All

Madagascar

b

Furcifer monoceras

Wild

All

Madagascar

b

Furcifer nicosiai

Wild

All

Madagascar

b

Furcifer petteri

Wild

All

Madagascar

b

Furcifer rhinoceratus

Wild

All

Madagascar

b

Furcifer tuzetae

Wild

All

Madagascar

b

Furcifer willsii

Wild

All

Madagascar

b

Cordylidae

Cordylus mossambicus

Wild

All

Mozambique

b

Cordylus tropidosternum

Wild

All

Mozambique

b

Cordylus vittifer

Wild

All

Mozambique

b

Gekkonidae

Phelsuma abbotti

Wild

All

Madagascar

b

Phelsuma antanosy

Wild

All

Madagascar

b

Phelsuma barbouri

Wild

All

Madagascar

b

Phelsuma berghofi

Wild

All

Madagascar

b

Phelsuma breviceps

Wild

All

Madagascar

b

Phelsuma comorensis

Wild

All

Comoros

b

Phelsuma dubia

Wild

All

Comoros, Madagascar

b

Phelsuma flavigularis

Wild

All

Madagascar

b

Phelsuma guttata

Wild

All

Madagascar

b

Phelsuma hielscheri

Wild

All

Madagascar

b

Phelsuma klemmeri

Wild

All

Madagascar

b

Phelsuma laticauda

Wild

All

Comoros

b

Phelsuma malamakibo

Wild

All

Madagascar

b

Phelsuma masohoala

Wild

All

Madagascar

b

Phelsuma modesta

Wild

All

Madagascar

b

Phelsuma mutabilis

Wild

All

Madagascar

b

Phelsuma pronki

Wild

All

Madagascar

b

Phelsuma pusilla

Wild

All

Madagascar

b

Phelsuma seippi

Wild

All

Madagascar

b

Phelsuma serraticauda

Wild

All

Madagascar

b

Phelsuma standingi

Wild

All

Madagascar

b

Phelsuma v-nigra

Wild

All

Comoros

b

Uroplatus ebenaui

Wild

All

Madagascar

b

Uroplatus fimbriatus

Wild

All

Madagascar

b

Uroplatus guentheri

Wild

All

Madagascar

b

Uroplatus henkeli

Wild

All

Madagascar

b

Uroplatus lineatus

Wild

All

Madagascar

b

Uroplatus malama

Wild

All

Madagascar

b

Uroplatus phantasticus

Wild

All

Madagascar

b

Uroplatus pietschmanni

Wild

All

Madagascar

b

Uroplatus sikorae

Wild

All

Madagascar

b

Helodermatidae

Heloderma horridum

Wild

All

Guatemala, Mexico

b

Heloderma suspectum

Wild

All

Mexico, United States

b

Iguanidae

Conolophus pallidus

Wild

All

Ecuador

b

Conolophus subcristatus

Wild

All

Ecuador

b

Iguana iguana

Wild

All

El Salvador

b

Scincidae

Corucia zebrata

Wild

All

Solomon Islands

b

Varanidae

Varanus bogerti

Wild

All

Papua New Guinea

b

Varanus dumerilii

Wild

All

Indonesia

b

Varanus exanthematicus

Wild

All

Benin, Togo

b

Ranched

All

Benin

b

Ranched

Greater than 35 cm in length

Togo

b

Varanus jobiensis (synonym V. karlschmidti)

Wild

All

Indonesia

b

Varanus keithhornei

Wild

All

Australia

b

Varanus niloticus

Wild

All

Benin, Burundi, Mozambique, Togo

b

Ranched

All

Benin, Togo

b

Varanus ornatus

Wild

All

Togo

b

Ranched

All

Togo

b

Varanus prasinus beccarii

Wild

All

Indonesia

b

Varanus salvadorii

Wild

All

Indonesia

b

Varanus salvator

Wild

All

China, India, Singapore

b

Varanus telenesetes

Wild

All

Papua New Guinea

b

Varanus yemenensis

Wild

All

All

b

SERPENTES

Boidae

Boa constrictor

Wild

All

El Salvador, Honduras

b

Calabaria reinhardtii

Wild

All

Togo

b

Ranched

All

Benin, Togo

b

Eunectes deschauenseei

Wild

All

Brazil

b

Eunectes murinus

Wild

All

Paraguay

b

Gongylophis colubrinus

Wild

All

Tanzania

b

Elapidae

Naja atra

Wild

All

Laos

b

Naja kaouthia

Wild

All

Laos

b

Naja siamensis

Wild

All

Laos

b

Pythonidae

Liasis fuscus

Wild

All

Indonesia

b

Morelia boeleni

Wild

All

Indonesia

b

Python molurus

Wild

All

China

b

Python regius

Wild

All

Benin, Guinea

b

Python reticulatus

Wild

All

India, Malaysia (Peninsular), Singapore

b

Python sebae

Wild

All

Mauritania, Mozambique

b

Ranched

All

Mozambique

b

TESTUDINES

Emydidae

Chrysemys picta

All

Live

All

d

Trachemys scripta elegans

All

Live

All

d

Geoemydidae

Callagur borneoensis

Wild

All

All

b

Cuora amboinensis

Wild

All

Indonesia, Malaysia

b

Cuora galbinifrons

Wild

All

China

b

Heosemys spinosa

Wild

All

Indonesia

b

Leucocephalon yuwonoi

Wild

All

Indonesia

b

Malayemys subtrijuga

Wild

All

Indonesia

b

Notochelys platynota

Wild

All

Indonesia

b

Siebenrockiella crassicollis

Wild

All

Indonesia

b

Podocnemididae

Erymnochelys madagascariensis

Wild

All

Madagascar

b

Peltocephalus dumerilianus

Wild

All

Guyana

b

Podocnemis erythrocephala

Wild

All

Colombia, Venezuela

b

Podocnemis expansa

Wild

All

Colombia, Ecuador, Guyana, Peru, Trinidad and Tobago, Venezuela

b

Podocnemis lewyana

Wild

All

All

b

Podocnemis sextuberculata

Wild

All

Peru

b

Podocnemis unifilis

Wild

All

Suriname

b

Testudinidae

Aldabrachelys gigantea

Wild

All

Seychelles

b

Chelonoidis denticulata

Wild

All

Bolivia, Ecuador

b

Geochelone elegans

Wild

All

Pakistan

b

Geochelone platynota

Wild

All

Myanmar

b

Geochelone sulcata

Ranched

All

Togo, Benin

b

Gopherus agassizii

Wild

All

All

b

Gopherus berlandieri

Wild

All

All

b

Gopherus polyphemus

Wild

All

United States

b

Indotestudo elongata

Wild

All

Bangladesh, China, India

b

Indotestudo forstenii

Wild

All

All

b

Indotestudo travancorica

Wild

All

All

b

Kinixys belliana

Wild

All

Mozambique

b

Ranched

All

Benin

b

Kinixys homeana

Wild

All

Benin, Togo

b

Ranched

All

Benin

b

Kinixys spekii

Wild

All

Mozambique

b

Manouria emys

Wild

All

Bangladesh, India, Indonesia, Myanmar, Thailand

b

Manouria impressa

Wild

All

Vietnam

b

Stigmochelys pardalis

Wild

All

Democratic Republic of the Congo, Mozambique, Uganda, Tanzania

b

Ranched

All

Mozambique, Zambia

b

Source ‘F’ (1)

All

Zambia

b

Testudo horsfieldii

Wild

All

China, Kazakhstan, Pakistan

b

Trionychidae

Amyda cartilaginea

Wild

All

Indonesia

b

Chitra chitra

Wild

All

Malaysia

b

Pelochelys cantorii

Wild

All

Indonesia

b

AMPHIBIA

ANURA

Dendrobatidae

Cryptophyllobates azureiventris

Wild

All

Peru

b

Dendrobates variabilis

Wild

All

Peru

b

Dendrobates ventrimaculatus

Wild

All

Peru

b

Mantellidae

Mantella aurantiaca

Wild

All

Madagascar

b

Mantella baroni (syn. Phrynomantis maculatus)

Wild

All

Madagascar

b

Mantella aff. baroni

Wild

All

Madagascar

b

Mantella bernhardi

Wild

All

Madagascar

b

Mantella cowanii

Wild

All

Madagascar

b

Mantella crocea

Wild

All

Madagascar

b

Mantella expectata

Wild

All

Madagascar

b

Mantella haraldmeieri (syn. M. madagascariensis haraldmeieri)

Wild

All

Madagascar

b

Mantella laevigata

Wild

All

Madagascar

b

Mantella madagascariensis

Wild

All

Madagascar

b

Mantella manery

Wild

All

Madagascar

b

Mantella milotympanum (syn. M. aurantiaca milotympanum)

Wild

All

Madagascar

b

Mantella nigricans (syn. M. cowani nigricans)

Wild

All

Madagascar

b

Mantella pulchra

Wild

All

Madagascar

b

Mantella viridis

Wild

All

Madagascar

b

Microhylidae

Scaphiophryne gottlebei

Wild

All

Madagascar

b

Ranidae

Conraua goliath

Wild

All

Cameroon

b

Rana catesbeiana

All

Live

All

d

ACTINOPTERYGII

PERCIFORMES

Labridae

Cheilinus undulatus

Wild

All

Indonesia

b

SYNGNATHIFORMES

Syngnathidae

Hippocampus barbouri

Wild

All

Indonesia

b

Hippocampus comes

Wild

All

Indonesia

b

Hippocampus histrix

Wild

All

Indonesia

b

Hippocampus kelloggi

Wild

All

Indonesia

b

Hippocampus kuda

Wild

All

Indonesia, Vietnam

b

Hippocampus spinosissimus

Wild

All

Indonesia

b

ARTHROPODA

ARACHNIDA

ARANEAE

Theraphosidae

Brachypelma albopilosum

Wild

All

Nicaragua

b

SCORPIONES

Scorpionidae

Pandinus imperator

Ranched

All

Benin

b

INSECTA

LEPIDOPTERA

Papilionidae

Ornithoptera croesus

Wild

All

Indonesia

b

Ornithoptera tithonus

Wild

All

Indonesia

b

Ornithoptera urvillianus

Wild

All

Solomon Islands

b

Ranched

All

Solomon Islands

b

Ornithoptera victoriae

Wild

All

Solomon Islands

b

Ranched

All

Solomon Islands

b

Troides andromache

Wild

All

Indonesia

b

Ranched

All

Indonesia

b

MOLLUSCA

BIVALVIA

MESOGASTROPODA

Strombidae

Strombus gigas

Wild

All

Grenada, Haiti

b

VENEROIDA

Tridacnidae

Hippopus hippopus

Wild

All

New Caledonia, Tonga, Vanuatu, Vietnam

b

Tridacna crocea

Wild

All

Fiji, Tonga, Vanuatu, Vietnam

b

Tridacna derasa

Wild

All

Fiji, New Caledonia, Philippines, Palau, Tonga, Vanuatu, Vietnam

b

Tridacna gigas

Wild

All

Fiji, Indonesia, Marshall Islands, Micronesia, Palau, Papua New Guinea, Solomon Islands, Tonga, Vanuatu, Vietnam

b

Tridacna maxima

Wild

All

Micronesia, Fiji, Marshall Islands, Mozambique, New Caledonia, Tonga, Vanuatu, Vietnam

b

Tridacna rosewateri

Wild

All

Mozambique

b

Tridacna squamosa

Wild

All

Fiji, Mozambique, New Caledonia, Tonga, Vanuatu, Vietnam

b

Tridacna tevoroa

Wild

All

Tonga

b

CNIDARIA

HELIOPORACEA

Helioporidae

Heliopora coerulea

Wild

All

Solomon Islands

b

SCLERACTINIA

Acroporidae

Montipora caliculata

Wild

All

Tonga

b

Agariciidae

Agaricia agaricites

Wild

All

Haiti

b

Caryophylliidae

Catalaphyllia jardinei

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

b

Catalaphyllia jardinei

Wild

All

Solomon Islands

b

Euphyllia cristata

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

b

Euphyllia divisa

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

b

Euphyllia fimbriata

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

b

Plerogyra spp.

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

b

Faviidae

Favites halicora

Wild

All

Tonga

b

Platygyra sinensis

Wild

All

Tonga

b

Merulinidae

Hydnophora microconos

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

b

Mussidae

Acanthastrea hemprichii

Wild

All

Tonga

b

Blastomussa spp.

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

b

Cynarina lacrymalis

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

b

Scolymia vitiensis

Wild

All

Tonga

b

Scolymia vitiensis

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

b

Pocilloporidae

Seriatopora stellata

Wild

All

Indonesia

b

Trachyphylliidae

Trachyphyllia geoffroyi

Wild

All

Fiji

b

Trachyphyllia geoffroyi

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

b

FLORA

Amaryllidaceae

Galanthus nivalis

Wild

All

Bosnia and Herzegovina, Switzerland, Ukraine

b

Apocynaceae

Pachypodium inopinatum

Wild

All

Madagascar

b

Pachypodium rosulatum

Wild

All

Madagascar

b

Pachypodium rutenbergianum ssp. sofiense

Wild

All

Madagascar

b

Cycadaceae

Cycadaceae spp.

Wild

All

Madagascar, Mozambique, Vietnam

b

Euphorbiaceae

Euphorbia ankarensis

Wild

All

Madagascar

b

Euphorbia banae

Wild

All

Madagascar

b

Euphorbia berorohae

Wild

All

Madagascar

b

Euphorbia bongolavensis

Wild

All

Madagascar

b

Euphorbia bulbispina

Wild

All

Madagascar

b

Euphorbia duranii

Wild

All

Madagascar

b

Euphorbia fiananantsoae

Wild

All

Madagascar

b

Euphorbia guillauminiana

Wild

All

Madagascar

b

Euphorbia iharanae

Wild

All

Madagascar

b

Euphorbia kondoi

Wild

All

Madagascar

b

Euphorbia labatii

Wild

All

Madagascar

b

Euphorbia lophogona

Wild

All

Madagascar

b

Euphorbia millotii

Wild

All

Madagascar

b

Euphorbia neohumbertii

Wild

All

Madagascar

b

Euphorbia pachypodoides

Wild

All

Madagascar

b

Euphorbia razafindratsirae

Wild

All

Madagascar

b

Euphorbia suzannae-manieri

Wild

All

Madagascar

b

Euphorbia waringiae

Wild

All

Madagascar

b

Orchidaceae

Anacamptis pyramidalis

Wild

All

Switzerland, Turkey

b

Barlia robertiana

Wild

All

Turkey

b

Cephalanthera rubra

Wild

All

Norway

b

Cypripedium japonicum

Wild

All

China, North Korea, Japan, South Korea

b

Cypripedium macranthos

Wild

All

South Korea, Russia

b

Cypripedium margaritaceum

Wild

All

China

b

Cypripedium micranthum

Wild

All

China

b

Dactylorhiza latifolia

Wild

All

Norway

b

Dactylorhiza romana

Wild

All

Turkey

b

Dactylorhiza russowii

Wild

All

Norway

b

Dactylorhiza traunsteineri

Wild

All

Liechtenstein

b

Dendrobium bellatulum

Wild

All

Vietnam

b

Dendrobium wardianum

Wild

All

Vietnam

b

Himantoglossum hircinum

Wild

All

Switzerland

b

Nigritella nigra

Wild

All

Norway

b

Ophrys holoserica

Wild

All

Turkey

b

Ophrys insectifera

Wild

All

Liechtenstein, Norway

b

Ophrys pallida

Wild

All

Algeria

b

Ophrys sphegodes

Wild

All

Switzerland

b

Ophrys tenthredinifera

Wild

All

Turkey

b

Ophrys umbilicata

Wild

All

Turkey

b

Orchis coriophora

Wild

All

Russia, Switzerland

b

Orchis italica

Wild

All

Turkey

b

Orchis laxiflora

Wild

All

Switzerland

b

Orchis mascula

Wild/Ranched

All

Albania

b

Orchis morio

Wild

All

Turkey

b

Orchis pallens

Wild

All

Russia

b

Orchis provincialis

Wild

All

Switzerland

b

Orchis punctulata

Wild

All

Turkey

b

Orchis purpurea

Wild

All

Switzerland, Turkey

b

Orchis simia

Wild

All

Bosnia and Herzegovina, Croatia, former Yugoslav Republic of Macedonia, Switzerland, Turkey

b

Orchis tridentata

Wild

All

Turkey

b

Orchis ustulata

Wild

All

Russia

b

Phalaenopsis parishii

Wild

All

Vietnam

b

Serapias cordigera

Wild

All

Turkey

b

Serapias parviflora

Wild

All

Turkey

b

Serapias vomeracea

Wild

All

Switzerland, Turkey

b

Spiranthes spiralis

Wild

All

Liechtenstein, Switzerland

b

Primulaceae

Cyclamen intaminatum

Wild

All

Turkey

b

Cyclamen mirabile

Wild

All

Turkey

b

Cyclamen pseudibericum

Wild

All

Turkey

b

Cyclamen trochopteranthum

Wild

All

Turkey

b

Stangeriaceae

Stangeriaceae spp.

Wild

All

Madagascar, Mozambique, Vietnam

b

Zamiaceae

Zamiaceae spp.

Wild

All

Madagascar, Mozambique, Vietnam

b

---

(1)  Animals born in captivity but for which the criteria of Chapter XIII of Regulation (EC) No 865/2006 are not met, as well as parts and derivatives thereof.

---

| 1.5.2009 | EN | Official Journal of the European Union | L 110/27 |
| --- | --- | --- | --- |

1.5.2009

EN

Official Journal of the European Union

L 110/27

---

COMMISSION REGULATION (EC) No 360/2009

of 30 April 2009

fixing the import duties in the cereals sector applicable from 1 May 2009

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,

Whereas:

| (1) | Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff. |
| --- | --- |

(1)

Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

| (2) | Article 136(2) of Regulation (EC) No 1234/2007 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question. |
| --- | --- |

(2)

Article 136(2) of Regulation (EC) No 1234/2007 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

| (3) | Under Article 2(2) of Regulation (EC) No 1249/96, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 4 of that Regulation. |
| --- | --- |

(3)

Under Article 2(2) of Regulation (EC) No 1249/96, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 4 of that Regulation.

| (4) | Import duties should be fixed for the period from 1 May 2009 and should apply until new import duties are fixed and enter into force, |
| --- | --- |

(4)

Import duties should be fixed for the period from 1 May 2009 and should apply until new import duties are fixed and enter into force,

HAS ADOPTED THIS REGULATION:

Article 1

From 1 May 2009, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.

Article 2

This Regulation shall enter into force on 1 May 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 April 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 299, 16.11.2007, p. 1.

1

(2)  OJ L 161, 29.6.1996, p. 125.

2

---

ANNEX I

Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 1 May 2009

| CN code | Description | Import duties (1)

  (EUR/t) |
| --- | --- | --- |
| 1001 10 00 | Durum wheat, high quality | 0,00 |
| medium quality | 0,00 |
| low quality | 0,00 |
| 1001 90 91 | Common wheat seed | 0,00 |
| ex 1001 90 99 | High quality common wheat, other than for sowing | 0,00 |
| 1002 00 00 | Rye | 37,15 |
| 1005 10 90 | Maize seed other than hybrid | 18,95 |
| 1005 90 00 | Maize, other than seed (2) | 18,95 |
| 1007 00 90 | Grain sorghum other than hybrids for sowing | 37,15 |

CN code

Description

Import duties (1)

(EUR/t)

1001 10 00

Durum wheat, high quality

0,00

medium quality

0,00

low quality

0,00

1001 90 91

Common wheat seed

0,00

ex 1001 90 99

High quality common wheat, other than for sowing

0,00

1002 00 00

Rye

37,15

1005 10 90

Maize seed other than hybrid

18,95

1005 90 00

Maize, other than seed (2)

18,95

1007 00 90

Grain sorghum other than hybrids for sowing

37,15

---

(1)  For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal the importer may benefit, under Article 2(4) of Regulation (EC) No 1249/96, from a reduction in the duty of:

| — | 3 EUR/t, where the port of unloading is on the Mediterranean Sea, or |
| --- | --- |

—

3 EUR/t, where the port of unloading is on the Mediterranean Sea, or

| — | 2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or the Atlantic coast of the Iberian peninsula. |
| --- | --- |

—

2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or the Atlantic coast of the Iberian peninsula.

(2)  The importer may benefit from a flatrate reduction of EUR 24 per tonne where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96 are met.

---

ANNEX II

Factors for calculating the duties laid down in Annex I

16.4.2009-29.4.2009

| 1. | Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:











  (EUR/t) |
| --- | --- |
| | Common wheat (1) | Maize | Durum wheat, high quality | Durum wheat, medium quality (2) | Durum wheat, low quality (3) | Barley |
| Exchange | Minnéapolis | Chicago | — | — | — | — |
| Quotation | 197,12 | 113,72 | — | — | — | — |
| Fob price USA | — | — | 207,54 | 197,54 | 177,54 | 108,89 |
| Gulf of Mexico premium | — | 14,13 | — | — | — | — |
| Great Lakes premium | 12,66 | — | — | — | — | — |

1.

Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:

(EUR/t)

Common wheat (1)

Maize

Durum wheat, high quality

Durum wheat, medium quality (2)

Durum wheat, low quality (3)

Barley

Exchange

Minnéapolis

Chicago

—

—

—

—

Quotation

197,12

113,72

—

—

—

—

Fob price USA

—

—

207,54

197,54

177,54

108,89

Gulf of Mexico premium

—

14,13

—

—

—

—

Great Lakes premium

12,66

—

—

—

—

—

| 2. | Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:






  Freight costs: Gulf of Mexico–Rotterdam: | 15,22 EUR/t |
| --- | --- | --- |
| Freight costs: Great Lakes–Rotterdam: | 15,98 EUR/t |

2.

Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:

Freight costs: Gulf of Mexico–Rotterdam:

15,22 EUR/t

Freight costs: Great Lakes–Rotterdam:

15,98 EUR/t

---

(1)  Premium of 14 EUR/t incorporated (Article 4(3) of Regulation (EC) No 1249/96).

(2)  Discount of 10 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

(3)  Discount of 30 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

---

DIRECTIVES

| 1.5.2009 | EN | Official Journal of the European Union | L 110/30 |
| --- | --- | --- | --- |

1.5.2009

EN

Official Journal of the European Union

L 110/30

---

DIRECTIVE 2009/22/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 23 April 2009

on injunctions for the protection of consumers' interests

(Codified version)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified. |
| --- | --- |

(1)

Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

| (2) | Certain Directives, listed in Annex I to this Directive, lay down rules with regard to the protection of consumers' interests. |
| --- | --- |

(2)

Certain Directives, listed in Annex I to this Directive, lay down rules with regard to the protection of consumers' interests.

| (3) | Current mechanisms available for ensuring compliance with those Directives, both at national and at Community level, do not always allow infringements harmful to the collective interests of consumers to be terminated in good time. Collective interests means interests which do not include the cumulation of interests of individuals who have been harmed by an infringement. This is without prejudice to individual actions brought by individuals who have been harmed by an infringement. |
| --- | --- |

(3)

Current mechanisms available for ensuring compliance with those Directives, both at national and at Community level, do not always allow infringements harmful to the collective interests of consumers to be terminated in good time. Collective interests means interests which do not include the cumulation of interests of individuals who have been harmed by an infringement. This is without prejudice to individual actions brought by individuals who have been harmed by an infringement.

| (4) | As far as the purpose of bringing about the cessation of practices that are unlawful under the national provisions applicable is concerned, the effectiveness of national measures transposing the Directives in question, including protective measures that go beyond the level required by those Directives, provided they are compatible with the Treaty and allowed by those Directives, may be thwarted where those practices produce effects in a Member State other than that in which they originate. |
| --- | --- |

(4)

As far as the purpose of bringing about the cessation of practices that are unlawful under the national provisions applicable is concerned, the effectiveness of national measures transposing the Directives in question, including protective measures that go beyond the level required by those Directives, provided they are compatible with the Treaty and allowed by those Directives, may be thwarted where those practices produce effects in a Member State other than that in which they originate.

| (5) | Those difficulties can disrupt the smooth functioning of the internal market, their consequence being that it is sufficient to move the source of an unlawful practice to another country in order to place it out of reach of all forms of enforcement. This constitutes a distortion of competition. |
| --- | --- |

(5)

Those difficulties can disrupt the smooth functioning of the internal market, their consequence being that it is sufficient to move the source of an unlawful practice to another country in order to place it out of reach of all forms of enforcement. This constitutes a distortion of competition.

| (6) | Those difficulties are likely to diminish consumer confidence in the internal market and may limit the scope for action by organisations representing the collective interests of consumers or independent public bodies responsible for protecting the collective interests of consumers, adversely affected by practices that infringe Community law. |
| --- | --- |

(6)

Those difficulties are likely to diminish consumer confidence in the internal market and may limit the scope for action by organisations representing the collective interests of consumers or independent public bodies responsible for protecting the collective interests of consumers, adversely affected by practices that infringe Community law.

| (7) | Those practices often extend beyond the frontiers between the Member States. There is an urgent need for some degree of approximation of national provisions designed to enjoin the cessation of the unlawful practices irrespective of the Member State in which the unlawful practice has produced its effects. With regard to jurisdiction, this is without prejudice to the rules of private international law and the Conventions in force between Member States, while respecting the general obligations of the Member States deriving from the Treaty, in particular those related to the smooth functioning of the internal market. |
| --- | --- |

(7)

Those practices often extend beyond the frontiers between the Member States. There is an urgent need for some degree of approximation of national provisions designed to enjoin the cessation of the unlawful practices irrespective of the Member State in which the unlawful practice has produced its effects. With regard to jurisdiction, this is without prejudice to the rules of private international law and the Conventions in force between Member States, while respecting the general obligations of the Member States deriving from the Treaty, in particular those related to the smooth functioning of the internal market.

| (8) | The objective of the action envisaged can only be attained by the Community. It is therefore incumbent on the Community to act. |
| --- | --- |

(8)

The objective of the action envisaged can only be attained by the Community. It is therefore incumbent on the Community to act.

| (9) | The third paragraph of Article 5 of the Treaty makes it incumbent on the Community not to go beyond what is necessary to achieve the objectives of the Treaty. In accordance with that Article, the specific features of national legal systems must be taken into account to every extent possible by leaving Member States free to choose between different options having equivalent effect. The courts or administrative authorities competent to rule on the proceedings referred to in this Directive should have the right to examine the effects of previous decisions. |
| --- | --- |

(9)

The third paragraph of Article 5 of the Treaty makes it incumbent on the Community not to go beyond what is necessary to achieve the objectives of the Treaty. In accordance with that Article, the specific features of national legal systems must be taken into account to every extent possible by leaving Member States free to choose between different options having equivalent effect. The courts or administrative authorities competent to rule on the proceedings referred to in this Directive should have the right to examine the effects of previous decisions.

| (10) | One option should consist in requiring one or more independent public bodies, specifically responsible for the protection of the collective interests of consumers, to exercise the rights of action set out in this Directive. Another option should provide for the exercise of those rights by organisations whose purpose is to protect the collective interests of consumers, in accordance with criteria laid down by national law. |
| --- | --- |

(10)

One option should consist in requiring one or more independent public bodies, specifically responsible for the protection of the collective interests of consumers, to exercise the rights of action set out in this Directive. Another option should provide for the exercise of those rights by organisations whose purpose is to protect the collective interests of consumers, in accordance with criteria laid down by national law.

| (11) | Member States should be able to choose between or combine these two options in designating at national level the bodies and/or organisations qualified for the purposes of this Directive. |
| --- | --- |

(11)

Member States should be able to choose between or combine these two options in designating at national level the bodies and/or organisations qualified for the purposes of this Directive.

| (12) | For the purposes of intra-Community infringements the principle of mutual recognition should apply to these bodies and/or organisations. The Member States should, at the request of their national entities, communicate to the Commission the name and purpose of their national entities which are qualified to bring an action in their own country according to the provisions of this Directive. |
| --- | --- |

(12)

For the purposes of intra-Community infringements the principle of mutual recognition should apply to these bodies and/or organisations. The Member States should, at the request of their national entities, communicate to the Commission the name and purpose of their national entities which are qualified to bring an action in their own country according to the provisions of this Directive.

| (13) | It is the business of the Commission to ensure the publication of a list of these qualified entities in the Official Journal of the European Union. Until a statement to the contrary is published, a qualified entity is assumed to have legal capacity if its name is included in that list. |
| --- | --- |

(13)

It is the business of the Commission to ensure the publication of a list of these qualified entities in the Official Journal of the European Union. Until a statement to the contrary is published, a qualified entity is assumed to have legal capacity if its name is included in that list.

| (14) | Member States should be able to require that a prior consultation be undertaken by the party that intends to bring an action for an injunction, in order to give the defendant an opportunity to bring the contested infringement to an end. Member States should be able to require that this prior consultation take place jointly with an independent public body designated by those Member States. |
| --- | --- |

(14)

Member States should be able to require that a prior consultation be undertaken by the party that intends to bring an action for an injunction, in order to give the defendant an opportunity to bring the contested infringement to an end. Member States should be able to require that this prior consultation take place jointly with an independent public body designated by those Member States.

| (15) | Where the Member States have established that there should be prior consultation, a deadline of two weeks after the request for consultation is received should be set after which, should the cessation of the infringement not be achieved, the applicant shall be entitled to bring an action, without any further delay, before the competent court or administrative authority. |
| --- | --- |

(15)

Where the Member States have established that there should be prior consultation, a deadline of two weeks after the request for consultation is received should be set after which, should the cessation of the infringement not be achieved, the applicant shall be entitled to bring an action, without any further delay, before the competent court or administrative authority.

| (16) | It is appropriate that the Commission report on the functioning of this Directive and in particular on its scope and on the operation of prior consultation. |
| --- | --- |

(16)

It is appropriate that the Commission report on the functioning of this Directive and in particular on its scope and on the operation of prior consultation.

| (17) | The application of this Directive should not prejudice the application of Community competition rules. |
| --- | --- |

(17)

The application of this Directive should not prejudice the application of Community competition rules.

| (18) | This Directive should be without prejudice to the obligations of the Member States concerning the time limits for transposition and application in national law of the Directives set out in Annex II, Part B, |
| --- | --- |

(18)

This Directive should be without prejudice to the obligations of the Member States concerning the time limits for transposition and application in national law of the Directives set out in Annex II, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Scope

1.   The purpose of this Directive is to approximate the laws, regulations and administrative provisions of the Member States relating to actions for an injunction referred to in Article 2 aimed at the protection of the collective interests of consumers included in the Directives listed in Annex I, with a view to ensuring the smooth functioning of the internal market.

2.   For the purposes of this Directive, an infringement means any act contrary to the Directives listed in Annex I as transposed into the internal legal order of the Member States which harms the collective interests referred to in paragraph 1.

Article 2

Actions for an injunction

1.   Member States shall designate the courts or administrative authorities competent to rule on proceedings commenced by qualified entities within the meaning of Article 3 seeking:

| (a) | an order with all due expediency, where appropriate by way of summary procedure, requiring the cessation or prohibition of any infringement; |
| --- | --- |

(a)

an order with all due expediency, where appropriate by way of summary procedure, requiring the cessation or prohibition of any infringement;

| (b) | where appropriate, measures such as the publication of the decision, in full or in part, in such form as deemed adequate and/or the publication of a corrective statement with a view to eliminating the continuing effects of the infringement; |
| --- | --- |

(b)

where appropriate, measures such as the publication of the decision, in full or in part, in such form as deemed adequate and/or the publication of a corrective statement with a view to eliminating the continuing effects of the infringement;

| (c) | in so far as the legal system of the Member State concerned so permits, an order against the losing defendant for payments into the public purse or to any beneficiary designated in or under national legislation, in the event of failure to comply with the decision within a time limit specified by the courts or administrative authorities, of a fixed amount for each day’s delay or any other amount provided for in national legislation, with a view to ensuring compliance with the decisions. |
| --- | --- |

(c)

in so far as the legal system of the Member State concerned so permits, an order against the losing defendant for payments into the public purse or to any beneficiary designated in or under national legislation, in the event of failure to comply with the decision within a time limit specified by the courts or administrative authorities, of a fixed amount for each day’s delay or any other amount provided for in national legislation, with a view to ensuring compliance with the decisions.

2.   This Directive shall be without prejudice to the rules of private international law with respect to the applicable law, that is, normally, either the law of the Member State where the infringement originated or the law of the Member State where the infringement has its effects.

Article 3

Entities qualified to bring an action

For the purposes of this Directive, a ‘qualified entity’ means any body or organisation which, being properly constituted according to the law of a Member State, has a legitimate interest in ensuring that the provisions referred to in Article 1 are complied with, in particular:

| (a) | one or more independent public bodies, specifically responsible for protecting the interests referred to in Article 1, in Member States in which such bodies exist; and/or |
| --- | --- |

(a)

one or more independent public bodies, specifically responsible for protecting the interests referred to in Article 1, in Member States in which such bodies exist; and/or

| (b) | organisations whose purpose is to protect the interests referred to in Article 1, in accordance with the criteria laid down by the national law. |
| --- | --- |

(b)

organisations whose purpose is to protect the interests referred to in Article 1, in accordance with the criteria laid down by the national law.

Article 4

Intra-Community infringements

1.   Each Member State shall take the measures necessary to ensure that, in the event of an infringement originating in that Member State, any qualified entity from another Member State where the interests protected by that qualified entity are affected by the infringement, may apply to the court or administrative authority referred to in Article 2, on presentation of the list provided for in paragraph 3 of this Article. The courts or administrative authorities shall accept this list as proof of the legal capacity of the qualified entity without prejudice to their right to examine whether the purpose of the qualified entity justifies its taking action in a specific case.

2.   For the purposes of intra-Community infringements, and without prejudice to the rights granted to other entities under national legislation, the Member States shall, at the request of their qualified entities, communicate to the Commission that these entities are qualified to bring an action under Article 2. The Member States shall inform the Commission of the name and purpose of these qualified entities.

3.   The Commission shall draw up a list of the qualified entities referred to in paragraph 2, with the specification of their purpose. This list shall be published in the Official Journal of the European Union; changes to this list shall be published without delay and the updated list shall be published every six months.

Article 5

Prior consultation

1.   Member States may introduce or maintain in force provisions whereby the party that intends to seek an injunction can only start this procedure after it has tried to achieve the cessation of the infringement in consultation either with the defendant or with both the defendant and a qualified entity within the meaning of Article 3(a) of the Member State in which the injunction is sought. It shall be for the Member State to decide whether the party seeking the injunction must consult the qualified entity. If the cessation of the infringement is not achieved within two weeks after the request for consultation is received, the party concerned may bring an action for an injunction without any further delay.

2.   The rules governing prior consultation adopted by Member States shall be notified to the Commission and shall be published in the Official Journal of the European Union.

Article 6

Reports

1.   Every three years and for the first time no later than 2 July 2003 the Commission shall submit to the European Parliament and to the Council a report on the application of this Directive.

2.   In its first report the Commission shall examine in particular:

| (a) | the scope of this Directive in relation to the protection of the collective interests of persons exercising a commercial, industrial, craft or professional activity; |
| --- | --- |

(a)

the scope of this Directive in relation to the protection of the collective interests of persons exercising a commercial, industrial, craft or professional activity;

| (b) | the scope of this Directive as determined by the Directives listed in Annex I; |
| --- | --- |

(b)

the scope of this Directive as determined by the Directives listed in Annex I;

| (c) | whether the prior consultation provided for in Article 5 has contributed to the effective protection of consumers. |
| --- | --- |

(c)

whether the prior consultation provided for in Article 5 has contributed to the effective protection of consumers.

Where appropriate, this report shall be accompanied by proposals with a view to amending this Directive.

Article 7

Provisions for wider action

This Directive shall not prevent Member States from adopting or maintaining in force provisions designed to grant qualified entities and any other person concerned more extensive rights to bring action at national level.

Article 8

Implementation

Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.

Article 9

Repeal

Directive 98/27/EC, as amended by the Directives set out in Annex II, Part A, is repealed, without prejudice to the obligations of the Member States concerning the time limits for transposition into national law and application of the Directives set out in Annex II, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III.

Article 10

Entry into force

This Directive shall enter into force on 29 December 2009.

Article 11

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 23 April 2009.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

P. NEČAS

---

(1)  OJ C 161, 13.7.2007, p. 39.

1

(2)  Opinion of the European Parliament of 19 June 2007 (OJ C 146 E, 12.6.2008, p. 73) and Council Decision of 23 March 2009.

2

(3)  OJ L 166, 11.6.1998, p. 51.

3

(4)  See Annex II, Part A.

4

---

ANNEX I

LIST OF DIRECTIVES REFERRED TO IN ARTICLE 1
   (1)

| 1. | Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises (OJ L 372, 31.12.1985, p. 31). |
| --- | --- |

1.

Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises (OJ L 372, 31.12.1985, p. 31).

| 2. | Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (OJ L 42, 12.2.1987, p. 48) (2). |
| --- | --- |

2.

Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (OJ L 42, 12.2.1987, p. 48) (2).

| 3. | Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 (OJ L 298, 17.10.1989, p. 23). |
| --- | --- |

3.

Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 (OJ L 298, 17.10.1989, p. 23).

| 4. | Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ L 158, 23.6.1990, p. 59). |
| --- | --- |

4.

Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ L 158, 23.6.1990, p. 59).

| 5. | Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29). |
| --- | --- |

5.

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).

| 6. | Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (OJ L 144, 4.6.1997, p. 19). |
| --- | --- |

6.

Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (OJ L 144, 4.6.1997, p. 19).

| 7. | Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12). |
| --- | --- |

7.

Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12).

| 8. | Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects on information society services, in particular electronic commerce, in the internal market (Directive on electronic commerce) (OJ L 178, 17.7.2000, p. 1). |
| --- | --- |

8.

Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects on information society services, in particular electronic commerce, in the internal market (Directive on electronic commerce) (OJ L 178, 17.7.2000, p. 1).

| 9. | Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use: Articles 86 to 100 (OJ L 311, 28.11.2001, p. 67). |
| --- | --- |

9.

Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use: Articles 86 to 100 (OJ L 311, 28.11.2001, p. 67).

| 10. | Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services (OJ L 271, 9.10.2002, p. 16). |
| --- | --- |

10.

Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services (OJ L 271, 9.10.2002, p. 16).

| 11. | Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (OJ L 149, 11.6.2005, p. 22). |
| --- | --- |

11.

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (OJ L 149, 11.6.2005, p. 22).

| 12. | Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36). |
| --- | --- |

12.

Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).

| 13. | Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (OJ L 33, 3.2.2009, p. 10). |
| --- | --- |

13.

Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (OJ L 33, 3.2.2009, p. 10).

---

(1)  The Directives referred to in points 5, 6, 9 and 11 contain specific provisions concerning injunctions.

(2)  The said Directive was repealed and replaced, with effect from 12 May 2010, by Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers (OJ L 133, 22.5.2008, p. 66).

---

ANNEX II

PART A

Repealed Directive and its amendments

(referred to in Article 9)

| Directive 98/27/EC of the European Parliament and of the Council
  (OJ L 166, 11.6.1998, p. 51). | |
| --- | --- |
| Directive 1999/44/EC of the European Parliament and of the Council
  (OJ L 171, 7.7.1999, p. 12). | Article 10 only |
| Directive 2000/31/EC of the European Parliament and of the Council
  (OJ L 178, 17.7.2000, p. 1). | Article 18(2) only |
| Directive 2002/65/EC of the European Parliament and of the Council
  (OJ L 271, 9.10.2002, p. 16). | Article 19 only |
| Directive 2005/29/EC of the European Parliament and of the Council
  (OJ L 149, 11.6.2005, p. 22). | Article 16(1) only |
| Directive 2006/123/EC of the European Parliament and of the Council
  (OJ L 376, 27.12.2006, p. 36). | Article 42 only |

Directive 98/27/EC of the European Parliament and of the Council

(OJ L 166, 11.6.1998, p. 51).

Directive 1999/44/EC of the European Parliament and of the Council

(OJ L 171, 7.7.1999, p. 12).

Article 10 only

Directive 2000/31/EC of the European Parliament and of the Council

(OJ L 178, 17.7.2000, p. 1).

Article 18(2) only

Directive 2002/65/EC of the European Parliament and of the Council

(OJ L 271, 9.10.2002, p. 16).

Article 19 only

Directive 2005/29/EC of the European Parliament and of the Council

(OJ L 149, 11.6.2005, p. 22).

Article 16(1) only

Directive 2006/123/EC of the European Parliament and of the Council

(OJ L 376, 27.12.2006, p. 36).

Article 42 only

PART B

List of time limits for transposition into national law and application

(referred to in Article 9)

| Directive | Time limit for transposition | Date of application |
| --- | --- | --- |
| 98/27/EC | 1 January 2001 | — |
| 1999/44/EC | 1 January 2002 | — |
| 2000/31/EC | 16 January 2002 | — |
| 2002/65/EC | 9 October 2004 | — |
| 2005/29/EC | 12 June 2007 | 12 December 2007 |
| 2006/123/EC | 28 December 2009 | — |

Directive

Time limit for transposition

Date of application

98/27/EC

1 January 2001

—

1999/44/EC

1 January 2002

—

2000/31/EC

16 January 2002

—

2002/65/EC

9 October 2004

—

2005/29/EC

12 June 2007

12 December 2007

2006/123/EC

28 December 2009

—

---

ANNEX III

CORRELATION TABLE

| Directive 98/27/EC | This Directive |
| --- | --- |
| Articles 1 to 5 | Articles 1 to 5 |
| Article 6(1) | Article 6(1) |
| Article 6(2), first subparagraph, first indent | Article 6(2), first subparagraph, point (a) |
| Article 6(2), first subparagraph, second indent | Article 6(2), first subparagraph, point (b) |
| Article 6(2), first subparagraph, third indent | Article 6(2), first subparagraph, point (c) |
| Article 6(2), second subparagraph | Article 6(2), second subparagraph |
| Article 7 | Article 7 |
| Article 8(1) | — |
| Article 8(2) | Article 8 |
| — | Article 9 |
| Article 9 | Article 10 |
| Article 10 | Article 11 |
| Annex | Annex I |
| — | Annex II |
| — | Annex III |

Directive 98/27/EC

This Directive

Articles 1 to 5

Articles 1 to 5

Article 6(1)

Article 6(1)

Article 6(2), first subparagraph, first indent

Article 6(2), first subparagraph, point (a)

Article 6(2), first subparagraph, second indent

Article 6(2), first subparagraph, point (b)

Article 6(2), first subparagraph, third indent

Article 6(2), first subparagraph, point (c)

Article 6(2), second subparagraph

Article 6(2), second subparagraph

Article 7

Article 7

Article 8(1)

—

Article 8(2)

Article 8

—

Article 9

Article 9

Article 10

Article 10

Article 11

Annex

Annex I

—

Annex II

—

Annex III

---

II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Commission

| 1.5.2009 | EN | Official Journal of the European Union | L 110/37 |
| --- | --- | --- | --- |

1.5.2009

EN

Official Journal of the European Union

L 110/37

---

COMMISSION DECISION

of 27 April 2009

amending Decision 2007/134/EC establishing the European Research Council

(Text with EEA relevance)

(2009/357/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Decision No 1982/2006/EC of the European Parliament and the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (1), and in particular Articles 2 and 3 thereof,

Having regard to Council Decision 2006/972/EC of 19 December 2006 concerning the Specific Programme ‘Ideas’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (2), and in particular Article 4(2) and (3) thereof,

Whereas:

| (1) | Under the Seventh Framework Programme, the Specific Programme ‘Ideas’ has the objective of supporting investigator-driven frontier research across all fields of science, engineering and scholarship carried out by researchers on subjects of their choice. |
| --- | --- |

(1)

Under the Seventh Framework Programme, the Specific Programme ‘Ideas’ has the objective of supporting investigator-driven frontier research across all fields of science, engineering and scholarship carried out by researchers on subjects of their choice.

| (2) | By Decision 2007/134/EC (3) the Commission established the European Research Council (hereinafter referred to as the ERC) which is the means for implementing the Specific Programme ‘Ideas’. |
| --- | --- |

(2)

By Decision 2007/134/EC (3) the Commission established the European Research Council (hereinafter referred to as the ERC) which is the means for implementing the Specific Programme ‘Ideas’.

| (3) | According to Article 1 of Decision 2007/134/EC, the ERC consists of an independent Scientific Council supported by a dedicated implementation structure. |
| --- | --- |

(3)

According to Article 1 of Decision 2007/134/EC, the ERC consists of an independent Scientific Council supported by a dedicated implementation structure.

| (4) | The Scientific Council is composed of scientists, engineers and scholars of the highest repute, appointed by the Commission, and acting in their personal capacity, independent of any outside influence. It acts according to the mandate provided for it in Article 3 of Decision 2007/134/EC. |
| --- | --- |

(4)

The Scientific Council is composed of scientists, engineers and scholars of the highest repute, appointed by the Commission, and acting in their personal capacity, independent of any outside influence. It acts according to the mandate provided for it in Article 3 of Decision 2007/134/EC.

| (5) | According to Article 4(1) of Decision 2007/134/EC, the Scientific Council is composed of up to 22 members. |
| --- | --- |

(5)

According to Article 4(1) of Decision 2007/134/EC, the Scientific Council is composed of up to 22 members.

| (6) | Three members of the Scientific Council have resigned for personal reasons: Prof. Manuel CASTELLS, Open University of Catalonia; Prof. Paul J. CRUTZEN, Max Planck Institute for Chemistry, Mainz; Prof. Lord MAY, University of Oxford. |
| --- | --- |

(6)

Three members of the Scientific Council have resigned for personal reasons: Prof. Manuel CASTELLS, Open University of Catalonia; Prof. Paul J. CRUTZEN, Max Planck Institute for Chemistry, Mainz; Prof. Lord MAY, University of Oxford.

| (7) | According to Article 4(7) of Decision 2007/134/EC, upon resignation of a member or on the expiry of a term that cannot be renewed, the Commission shall appoint a new member. |
| --- | --- |

(7)

According to Article 4(7) of Decision 2007/134/EC, upon resignation of a member or on the expiry of a term that cannot be renewed, the Commission shall appoint a new member.

| (8) | According to Article 4(6) of Decision 2007/134/EC, members shall be appointed for a term of four years, renewable once on a basis of a rotating system, which shall ensure the continuity of the work of the Scientific Council. |
| --- | --- |

(8)

According to Article 4(6) of Decision 2007/134/EC, members shall be appointed for a term of four years, renewable once on a basis of a rotating system, which shall ensure the continuity of the work of the Scientific Council.

| (9) | According to Article 4(4) of Decision 2007/134/EC, future members shall be appointed by the Commission based on the factors and criteria set out in Annex I to that Decision, and following an independent and transparent procedure for their identification, agreed with the Scientific Council, including a consultation of the scientific community and a report to Parliament and Council; Such a procedure was carried out by means of an independent Identification Committee, whose report was sent to Parliament and Council. This Committee made recommendations for the three new members and these have been accepted. |
| --- | --- |

(9)

According to Article 4(4) of Decision 2007/134/EC, future members shall be appointed by the Commission based on the factors and criteria set out in Annex I to that Decision, and following an independent and transparent procedure for their identification, agreed with the Scientific Council, including a consultation of the scientific community and a report to Parliament and Council; Such a procedure was carried out by means of an independent Identification Committee, whose report was sent to Parliament and Council. This Committee made recommendations for the three new members and these have been accepted.

| (10) | According to Article 4(4) of Decision 2007/134/EC, the appointment of future members shall be published in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (4), |
| --- | --- |

(10)

According to Article 4(4) of Decision 2007/134/EC, the appointment of future members shall be published in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (4),

HAS DECIDED AS FOLLOWS:

Article 1

The persons listed in the Annex to this Decision are hereby appointed as members of the European Research Council Scientific Council for a term of four years.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 27 April 2009.

For the Commission

Janez POTOČNIK

Member of the Commission

---

(1)  OJ L 412, 30.12.2006, p. 1.

1

(2)  OJ L 400, 30.12.2006, p. 243; corrected by OJ L 54, 22.2.2007, p. 81.

2

(3)  OJ L 57, 24.2.2007, p. 14.

3

(4)  OJ L 8, 12.1.2001, p. 1.

4

---

ANNEX

NEW MEMBERS OF THE ERC SCIENTIFIC COUNCIL

Prof. Sierd A.P.L. CLOETINGH, Free University of Amsterdam

Prof. Carlos M. DUARTE, Spanish Council for Scientific Research, Majorca

Prof. Henrietta L. MOORE, University of Cambridge

---

| 1.5.2009 | EN | Official Journal of the European Union | L 110/39 |
| --- | --- | --- | --- |

1.5.2009

EN

Official Journal of the European Union

L 110/39

---

COMMISSION DECISION

of 29 April 2009

on the harmonisation, the regular transmission of the information and the questionnaire referred to in Articles 22(1)(a) and 18 of Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries

(notified under document number C(2009) 3011)

(2009/358/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC (1), and in particular Article 22(1)(a) and Article 18 thereof,

Whereas:

| (1) | The purpose of this decision is to establish minimum requirements for ensuring an harmonized, timely and appropriate gathering and if requested, transmission of the information referred to in Article 7(5), 11(3) and 12(6) of Directive 2006/21/EC, and to set the basis for the questionnaire referred to in Article 18(1) of the same Directive. |
| --- | --- |

(1)

The purpose of this decision is to establish minimum requirements for ensuring an harmonized, timely and appropriate gathering and if requested, transmission of the information referred to in Article 7(5), 11(3) and 12(6) of Directive 2006/21/EC, and to set the basis for the questionnaire referred to in Article 18(1) of the same Directive.

| (2) | The annual transmission of the information referred to in Article 7(5), 11(3) and 12(6) of Directive 2006/21/EC should cover the period between 1 May and 30 April of the following year. |
| --- | --- |

(2)

The annual transmission of the information referred to in Article 7(5), 11(3) and 12(6) of Directive 2006/21/EC should cover the period between 1 May and 30 April of the following year.

| (3) | The report referred to in Article 18(1) of Directive 2006/21/EC should cover, for the first time, the period from 1 May 2008 to 30 April 2011 and should be transmitted to the Commission no later than 1 February 2012. |
| --- | --- |

(3)

The report referred to in Article 18(1) of Directive 2006/21/EC should cover, for the first time, the period from 1 May 2008 to 30 April 2011 and should be transmitted to the Commission no later than 1 February 2012.

| (4) | In order to limit the administrative burden linked with the implementation of this decision, the list of information required should be limited to useful data with the view of improving Directive implementation. Similarly, the transmission of yearly information on events referred to in Article 11(3) and 12(6) of Directive 2006/21/EC should be limited to Member States in which such an event occurs during the considered period. |
| --- | --- |

(4)

In order to limit the administrative burden linked with the implementation of this decision, the list of information required should be limited to useful data with the view of improving Directive implementation. Similarly, the transmission of yearly information on events referred to in Article 11(3) and 12(6) of Directive 2006/21/EC should be limited to Member States in which such an event occurs during the considered period.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Committee, established in accordance with Article 23(2) of Directive 2006/21/EC, |
| --- | --- |

(5)

The measures provided for in this Decision are in accordance with the opinion of the Committee, established in accordance with Article 23(2) of Directive 2006/21/EC,

HAS ADOPTED THIS DECISION:

Article 1

The information contained in the permits granted under Article 7 of Directive 2006/21/EC, to be made available to the Community statistical authorities where requested for statistical purposes, is detailed in Annex I.

Article 2

In case of one or more events referred to in Article 11(3) and 12(6) of Directive 2006/21/EC occur in a Member State, the concerned Member State shall transmit to the Commission for each event the information detailed in Annex II on a yearly basis. This information shall cover the period between 1 May and 30 April of the following year and shall be transmitted no later than 1 July of that year to the Commission.

Article 3

The questionnaire in Annex III shall be used by the Member States to report on Directive implementation referred to in Article 18(1) of Directive 2006/21/EC.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 29 April 2009.

For the Commission

Stavros DIMAS

Member of the Commission

---

(1)  OJ L 102, 11.4.2006, p. 15.

1

---

ANNEX I

Information to be included in the list of permits issued under Directive 2006/21/EC

| 1. | Name and address of the facility, the competent authority for issuing the permit and the competent authority for inspection. |
| --- | --- |

1.

Name and address of the facility, the competent authority for issuing the permit and the competent authority for inspection.

| 2. | Basic information on the permit issued including date of issuing, period of validity, category of waste facility according to Article 9 of the Directive, description of the operating phase of the installation (in operation, closure phase or after closure phase). |
| --- | --- |

2.

Basic information on the permit issued including date of issuing, period of validity, category of waste facility according to Article 9 of the Directive, description of the operating phase of the installation (in operation, closure phase or after closure phase).

| 3. | If appropriate, information on the type of waste and a brief description of the installations and of the monitoring and control procedures. |
| --- | --- |

3.

If appropriate, information on the type of waste and a brief description of the installations and of the monitoring and control procedures.

---

ANNEX II

Information to be transmitted to the Commission on the events referred to in Articles 11(3) and 12(6) pursuant to 18(2) of Directive 2006/21/EC

For each event the following list of information shall be gathered and transmitted:

| 1. | Name and address of the facility, the competent authority for issuing the permit and the competent authority for inspection. |
| --- | --- |

1.

Name and address of the facility, the competent authority for issuing the permit and the competent authority for inspection.

| 2. | Information on the permit issued including date of issuing, period of validity, category of waste facility according to Article 9 of the Directive, type of waste and a brief description of the installations and of the monitoring and control procedures; description of the operating phase of the installation (in operation, closure phase or after closure phase). |
| --- | --- |

2.

Information on the permit issued including date of issuing, period of validity, category of waste facility according to Article 9 of the Directive, type of waste and a brief description of the installations and of the monitoring and control procedures; description of the operating phase of the installation (in operation, closure phase or after closure phase).

| 3. | Description of the event including:






  (a) | Nature and description of the incident; description on how the event has been revealed; location and timing of the event; |
| --- | --- | --- |

3.

Description of the event including:

(a)

Nature and description of the incident; description on how the event has been revealed; location and timing of the event;

| (b) | Timing and description of the information transmitted by the operator to the competent authorities and of the information given to the public and if relevant, to the other potentially concerned Member States in case of potential transboundary impact; |
| --- | --- |

(b)

Timing and description of the information transmitted by the operator to the competent authorities and of the information given to the public and if relevant, to the other potentially concerned Member States in case of potential transboundary impact;

| (c) | Assessment of the possible environmental and public health impacts, and of possible consequences on the stability of the waste facility; |
| --- | --- |

(c)

Assessment of the possible environmental and public health impacts, and of possible consequences on the stability of the waste facility;

| (d) | Analysis of the possible causes of the event. |
| --- | --- |

(d)

Analysis of the possible causes of the event.

| 4. | Description of the corrective measures taken to remediate to the event and notably:






  (a) | If applicable, description of how the emergency plan has been implemented; |
| --- | --- | --- |

4.

Description of the corrective measures taken to remediate to the event and notably:

(a)

If applicable, description of how the emergency plan has been implemented;

| (b) | Type of instructions given by the competent authorities; |
| --- | --- |

(b)

Type of instructions given by the competent authorities;

| (c) | Other measures to be specified. |
| --- | --- |

(c)

Other measures to be specified.

| 5. | Description of the measures taken to prevent another incident of the same nature and notably:






  (a) | New conditions included in the permit; |
| --- | --- | --- |

5.

Description of the measures taken to prevent another incident of the same nature and notably:

(a)

New conditions included in the permit;

| (b) | Adaptation of the monitoring and control systems; |
| --- | --- |

(b)

Adaptation of the monitoring and control systems;

| (c) | Improvement of the transmission of information; |
| --- | --- |

(c)

Improvement of the transmission of information;

| (d) | Other measures to be specified. |
| --- | --- |

(d)

Other measures to be specified.

| 6. | Additional information potentially useful for other Member States and for the Commission with the view to improve the implementation of the Directive. |
| --- | --- |

6.

Additional information potentially useful for other Member States and for the Commission with the view to improve the implementation of the Directive.

---

ANNEX III

‘Questionnaire for the report by Member States on the implementation of Directive 2006/21/EC

PART A.   QUESTIONS TO BE ANSWERED ONCE FOR THE FIRST REPORTING PERIOD

1.   Administrative arrangements and general information

Please indicate the competent authority(ies) in charge of:

| (a) | verifying and approving the waste management plans proposed by the operators; |
| --- | --- |

(a)

verifying and approving the waste management plans proposed by the operators;

| (b) | establishing the external emergency plans for Category “A” installations; |
| --- | --- |

(b)

establishing the external emergency plans for Category “A” installations;

| (c) | issuing and updating permits and establishing and updating the financial guarantee, and |
| --- | --- |

(c)

issuing and updating permits and establishing and updating the financial guarantee, and

| (d) | making inspection of the waste facilities. |
| --- | --- |

(d)

making inspection of the waste facilities.

2.   Waste management plans and major-accident prevention and information

| (a) | Please describe in brief: the procedures set up for the approval of the waste management plans as referred to in Article 5(6) of the Directive. |
| --- | --- |

(a)

Please describe in brief: the procedures set up for the approval of the waste management plans as referred to in Article 5(6) of the Directive.

| (b) | For the category “A” installations not falling within the scope of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (1), please describe the measures taken to:






  — | identify major-accident hazards, |
| --- | --- | --- |

(b)

For the category “A” installations not falling within the scope of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (1), please describe the measures taken to:

—

identify major-accident hazards,

| — | incorporate the necessary features into the design, operation and closure of the installation, and, |
| --- | --- |

—

incorporate the necessary features into the design, operation and closure of the installation, and,

| — | limit the adverse consequences for human health and/or the environment. |
| --- | --- |

—

limit the adverse consequences for human health and/or the environment.

3.   Permit and financial guarantee

| (a) | Please indicate the measures taken to ensure that all facilities in operation will be covered by a permit in conformity with the Directive before 1 May 2012. |
| --- | --- |

(a)

Please indicate the measures taken to ensure that all facilities in operation will be covered by a permit in conformity with the Directive before 1 May 2012.

| (b) | Please briefly describe the actions taken to make the best available techniques knowledgeable to the authorities in charge of establishing and controlling the permits. |
| --- | --- |

(b)

Please briefly describe the actions taken to make the best available techniques knowledgeable to the authorities in charge of establishing and controlling the permits.

| (c) | Please indicate whether the possibility referred to in Article 2(3) of the Directive of reducing or waiving the requirements for the deposit of non hazardous waste – inert or not, unpolluted soil or peat has been used? |
| --- | --- |

(c)

Please indicate whether the possibility referred to in Article 2(3) of the Directive of reducing or waiving the requirements for the deposit of non hazardous waste – inert or not, unpolluted soil or peat has been used?

| (d) | Please explain the measures taken to ensure that permits are regularly updated as foreseen in Article 7(4) of the Directive. |
| --- | --- |

(d)

Please explain the measures taken to ensure that permits are regularly updated as foreseen in Article 7(4) of the Directive.

| (e) | Please detail the procedure referred to in Article 14(1) of the Directive and set up for the establishment of the financial guarantee and its periodical adjustment. How many installations are already covered by a guarantee in accordance with the provisions of the Directive? How will it be ensured that all installations will be covered by a guarantee before the 1 May 2014? |
| --- | --- |

(e)

Please detail the procedure referred to in Article 14(1) of the Directive and set up for the establishment of the financial guarantee and its periodical adjustment. How many installations are already covered by a guarantee in accordance with the provisions of the Directive? How will it be ensured that all installations will be covered by a guarantee before the 1 May 2014?

4.   Public participation, transboundary effects

| (a) | Please explain how the public opinion and comments is analysed and taken into account before the taking of a decision on permits and for the preparation of the external emergency plans. |
| --- | --- |

(a)

Please explain how the public opinion and comments is analysed and taken into account before the taking of a decision on permits and for the preparation of the external emergency plans.

| (b) | For installations having a potential transboundary impact, how is it ensured that required information is made available for an appropriate period of time to the other Member State and to the public concerned? |
| --- | --- |

(b)

For installations having a potential transboundary impact, how is it ensured that required information is made available for an appropriate period of time to the other Member State and to the public concerned?

| (c) | For Category “A” installations, and in case of major accident, what are the practical arrangements taken to ensure that:






  — | required information is transmitted immediately by the operator to the competent authority, |
| --- | --- | --- |

(c)

For Category “A” installations, and in case of major accident, what are the practical arrangements taken to ensure that:

—

required information is transmitted immediately by the operator to the competent authority,

| — | information on safety measures and on action required is provided to the public? and, |
| --- | --- |

—

information on safety measures and on action required is provided to the public? and,

| — | information provided by the operator is forwarded to the other Member State in case of installation with a potential transboundary impact? |
| --- | --- |

—

information provided by the operator is forwarded to the other Member State in case of installation with a potential transboundary impact?

5.   Construction and management of waste facilities

| (a) | Please detail the measures taken in order to ensure that the management of the waste facilities is achieved by a “competent person” as referred to in Article 11(1) of the Directive and that staff is appropriately trained. |
| --- | --- |

(a)

Please detail the measures taken in order to ensure that the management of the waste facilities is achieved by a “competent person” as referred to in Article 11(1) of the Directive and that staff is appropriately trained.

| (b) | Please describe in brief the procedure set out for the notification to the authority in the 48 hours of any event likely to affect the stability of the facility and any significant environmental effects revealed by the monitoring. |
| --- | --- |

(b)

Please describe in brief the procedure set out for the notification to the authority in the 48 hours of any event likely to affect the stability of the facility and any significant environmental effects revealed by the monitoring.

| (c) | Please describe how, in accordance with Article 11, the competent authority is verifying that regular reports on monitoring results are:






  — | transmitted by the operator to the authority, |
| --- | --- | --- |

(c)

Please describe how, in accordance with Article 11, the competent authority is verifying that regular reports on monitoring results are:

—

transmitted by the operator to the authority,

| — | demonstrating compliance with the permit conditions. |
| --- | --- |

—

demonstrating compliance with the permit conditions.

6.   Closure and after closure procedures, inventory

| (a) | Please explain in brief the procedure set out to ensure that after the closure of the facilities and when considered necessary by the authority, regular controls of the stability are achieved as well as measure to reduce environmental effect are taken. |
| --- | --- |

(a)

Please explain in brief the procedure set out to ensure that after the closure of the facilities and when considered necessary by the authority, regular controls of the stability are achieved as well as measure to reduce environmental effect are taken.

| (b) | Please detail the measure taken to ensure that the inventory of closed facilities as foreseen in Article 20 of the Directive will be achieved by 1 May 2012. |
| --- | --- |

(b)

Please detail the measure taken to ensure that the inventory of closed facilities as foreseen in Article 20 of the Directive will be achieved by 1 May 2012.

7.   Inspections

| (a) | Please briefly explain whether and if yes, how the minimum criteria for environmental inspection (2) are taken into account for the control of the facilities falling under the scope of the Directive. |
| --- | --- |

(a)

Please briefly explain whether and if yes, how the minimum criteria for environmental inspection (2) are taken into account for the control of the facilities falling under the scope of the Directive.

| (b) | Please briefly describe how inspection activities are planned. Are the priority installations for inspection identified and according to which criteria? Are the frequency and the type of inspection adapted to the risks associated with the installation and its environment? |
| --- | --- |

(b)

Please briefly describe how inspection activities are planned. Are the priority installations for inspection identified and according to which criteria? Are the frequency and the type of inspection adapted to the risks associated with the installation and its environment?

| (c) | Please explain what inspection actions are carried out such as on site visit routine or not, sampling, control of self monitoring data, control of the “up to date” records of waste management operations. |
| --- | --- |

(c)

Please explain what inspection actions are carried out such as on site visit routine or not, sampling, control of self monitoring data, control of the “up to date” records of waste management operations.

| (d) | Please explain the actions taken to ensure that the approved waste management plans are regularly updated and monitored. |
| --- | --- |

(d)

Please explain the actions taken to ensure that the approved waste management plans are regularly updated and monitored.

| (e) | What are the rules on penalties applicable to infringement of the national provisions pursuant to Article 19 of the Directive? |
| --- | --- |

(e)

What are the rules on penalties applicable to infringement of the national provisions pursuant to Article 19 of the Directive?

PART B.   QUESTIONS TO BE ANSWERED FOR ALL REPORTING PERIODS

1.   Administrative arrangements and general information

| (a) | Please indicate the Administrative body (Name, address, contact person, E-mail) in charge of coordinating the answers to this questionnaire. |
| --- | --- |

(a)

Please indicate the Administrative body (Name, address, contact person, E-mail) in charge of coordinating the answers to this questionnaire.

| (b) | If possible, using the table provided in Annex, please provide an estimate of the number of extractive waste facilities on the territory of the Member State. |
| --- | --- |

(b)

If possible, using the table provided in Annex, please provide an estimate of the number of extractive waste facilities on the territory of the Member State.

| (c) | Please indicate the number of cases of waste facilities of Category “A” in operation on your territory having a potential environmental or human health impact on another Member State. |
| --- | --- |

(c)

Please indicate the number of cases of waste facilities of Category “A” in operation on your territory having a potential environmental or human health impact on another Member State.

2.   Waste Management Plans and Major-accident prevention and information

| (a) | Please describe in brief:






  — | the number of waste management plans approved or rejected temporarily or definitively during the reporting period and, |
| --- | --- | --- |

(a)

Please describe in brief:

—

the number of waste management plans approved or rejected temporarily or definitively during the reporting period and,

| — | if relevant, and if possible, the main reasons for having definitively refused a waste management plan, |
| --- | --- |

—

if relevant, and if possible, the main reasons for having definitively refused a waste management plan,

| (b) | Please provide a list of the external emergency plans referred to in Article 6(3) of the Directive. If all Category “A” installations are not yet covered by an emergency plan, please indicate the number of missing plans and the planning for establishing these plans. |
| --- | --- |

(b)

Please provide a list of the external emergency plans referred to in Article 6(3) of the Directive. If all Category “A” installations are not yet covered by an emergency plan, please indicate the number of missing plans and the planning for establishing these plans.

| (c) | If a list of inert waste as referred to in Article 2(3) of Commission Decision 2009/359/EC of 30 April 2009 completing the definition of “inert waste” in implementation of Article 22(1)(f) of Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries (3) has been established in your country, please provide a copy of that list including a brief description of the information and data used to determine whether the listed waste could be defined as inert. |
| --- | --- |

(c)

If a list of inert waste as referred to in Article 2(3) of Commission Decision 2009/359/EC of 30 April 2009 completing the definition of “inert waste” in implementation of Article 22(1)(f) of Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries (3) has been established in your country, please provide a copy of that list including a brief description of the information and data used to determine whether the listed waste could be defined as inert.

3.   Permit and financial guarantee

If possible using the table in Annex, please indicate the number of installation for which a permit has been issued in conformity with the provision of the Directive.

4.   Closure and after closure procedures, inventory

| (a) | Please indicate how many closure procedures as detailed in Article 12 of the Directive, were undertaken and/or approved during the reporting period. |
| --- | --- |

(a)

Please indicate how many closure procedures as detailed in Article 12 of the Directive, were undertaken and/or approved during the reporting period.

| (b) | How many installations are closed and regularly monitored in your country? |
| --- | --- |

(b)

How many installations are closed and regularly monitored in your country?

5.   Inspections

| (a) | Please indicate the number of inspections achieved for the reporting period with, if possible, distinguishing inspections achieved in:






  — | Category “A” and the other installations, |
| --- | --- | --- |

(a)

Please indicate the number of inspections achieved for the reporting period with, if possible, distinguishing inspections achieved in:

—

Category “A” and the other installations,

| — | Inert waste installations, and, |
| --- | --- |

—

Inert waste installations, and,

| — | Non inert, non hazardous installations, |
| --- | --- |

—

Non inert, non hazardous installations,

If a programme of inspection has been drawn up at the appropriate geographical level (national/regional/local), please provide a copy of this (these) programme(s) in annex to the report.

| (b) | How many cases of non compliance with the provisions of the Directive were identified? Please indicate the main reasons for non compliance and the actions taken in order to ensure compliance with the Directive? |
| --- | --- |

(b)

How many cases of non compliance with the provisions of the Directive were identified? Please indicate the main reasons for non compliance and the actions taken in order to ensure compliance with the Directive?

6.   Other relevant Information

| (a) | Please summarise the main difficulties encountered in implementing the Directive. How were these possible problems overcome? |
| --- | --- |

(a)

Please summarise the main difficulties encountered in implementing the Directive. How were these possible problems overcome?

| (b) | Please provide any additional comments, suggestions or information in relation with the implementation of the Directive. |
| --- | --- |

(b)

Please provide any additional comments, suggestions or information in relation with the implementation of the Directive.

ANNEX (4)

| | In operation | In operation with permit (5) | In transition (6) | In closure phase (7) | Closed or abandoned (8) |
| --- | --- | --- | --- | --- | --- |
| Category A (9) | | | | | |
| Of which “Seveso” installations (10) | | | | | |
| Not Category A | | | | | |
| Inert waste (11) | | | | | |
| Non hazardous non inert waste | | | | | |
| Total | | | | | |

In operation

In operation with permit (5)

In transition (6)

In closure phase (7)

Closed or abandoned (8)

Category A (9)

Of which “Seveso” installations (10)

Not Category A

Inert waste (11)

Non hazardous non inert waste

Total

---

(1)  OJ L 10, 14.1.1997, p. 13.

1

(2)  Recommendation of the European Parliament and of the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States (OJ L 118, 27.4.2001, p. 41).

2

(3)  OJ L 110, 1.5.2009, p. 46.

3

(4)  If possible, please provide a breakdown per sector for the construction minerals, the metallic minerals, the industrial minerals, the energy minerals and the other sectors.

4

(5)  Number of installations having a permit already meeting the requirements of the Directive.

5

(6)  Number of installation which will be closed before 2010 and falling under the scope of Article 24(4).

6

(7)  Number of installation for which the closure procedure is still ongoing (Article 12).

7

(8)  If possible, please, provide an estimation of the number of abandoned and closed facilities potentially harmful and falling under the scope of Article 20 of the Directive.

8

(9)  Installations classified as Category “A” according to Article 9 of the Directive.

9

(10)  Installations falling within the scope of Directive 96/82/EC.

10

(11)  Installations treating exclusively inert waste as defined in the Directive.’

11

---

| 1.5.2009 | EN | Official Journal of the European Union | L 110/46 |
| --- | --- | --- | --- |

1.5.2009

EN

Official Journal of the European Union

L 110/46

---

COMMISSION DECISION

of 30 April 2009

completing the definition of inert waste in implementation of Article 22(1)(f) of Directive 2006/21/EC of the European Parliament and the Council concerning the management of waste from extractive industries

(notified under document number C(2009) 3012)

(2009/359/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC (1), and in particular Article 22(1)(f) thereof,

Whereas:

| (1) | Article 3(3) of Directive 2006/21/EC provides for a definition of inert waste. |
| --- | --- |

(1)

Article 3(3) of Directive 2006/21/EC provides for a definition of inert waste.

| (2) | The purpose of complementing the definition of inert waste is to establish clear criteria and conditions under which waste from extractive industries can be considered as inert waste. |
| --- | --- |

(2)

The purpose of complementing the definition of inert waste is to establish clear criteria and conditions under which waste from extractive industries can be considered as inert waste.

| (3) | To minimise the administrative burden linked with the implementation of this Decision, it is appropriate from a technical point of view to exempt from specific testing those wastes for which existing relevant information is available, and to allow Member States to establish lists of waste material which could be considered as inert in accordance with the criteria set out in the present Decision. |
| --- | --- |

(3)

To minimise the administrative burden linked with the implementation of this Decision, it is appropriate from a technical point of view to exempt from specific testing those wastes for which existing relevant information is available, and to allow Member States to establish lists of waste material which could be considered as inert in accordance with the criteria set out in the present Decision.

| (4) | In order to ensure the quality and the representativity of the information used, this Decision should be applied in the framework of the waste characterisation carried out in accordance with Commission Decision 2009/360/EC (2) and should be based on the same sources of information. |
| --- | --- |

(4)

In order to ensure the quality and the representativity of the information used, this Decision should be applied in the framework of the waste characterisation carried out in accordance with Commission Decision 2009/360/EC (2) and should be based on the same sources of information.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Directive 2006/12/EC of the European Parliament and of the Council (3), |
| --- | --- |

(5)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Directive 2006/12/EC of the European Parliament and of the Council (3),

HAS ADOPTED THIS DECISION:

Article 1

1.   Waste shall be considered as being inert waste, within the meaning of Article 3(3) of Directive 2006/21/EC, where all of the following criteria, are fulfilled in both the short and the long term:

| (a) | the waste will not undergo any significant disintegration or dissolution or other significant change likely to cause any adverse environmental effect or harm human health; |
| --- | --- |

(a)

the waste will not undergo any significant disintegration or dissolution or other significant change likely to cause any adverse environmental effect or harm human health;

| (b) | the waste has a maximum content of sulphide sulphur of 0,1 %, or the waste has a maximum content of sulphide sulphur of 1 % and the neutralising potential ratio, defined as the ratio between the neutralising potential and the acid potential, and determined on the basis of a static test prEN 15875 is greater than 3; |
| --- | --- |

(b)

the waste has a maximum content of sulphide sulphur of 0,1 %, or the waste has a maximum content of sulphide sulphur of 1 % and the neutralising potential ratio, defined as the ratio between the neutralising potential and the acid potential, and determined on the basis of a static test prEN 15875 is greater than 3;

| (c) | the waste presents no risk of self-combustion and will not burn; |
| --- | --- |

(c)

the waste presents no risk of self-combustion and will not burn;

| (d) | the content of substances potentially harmful to the environment or human health in the waste, and in particular As, Cd, Co, Cr, Cu, Hg, Mo, Ni, Pb, V and Zn, including in any fine particles alone of the waste, is sufficiently low to be of insignificant human and ecological risk, in both the short and the long term. In order to be considered as sufficiently low to be of insignificant human and ecological risk, the content of these substances shall not exceed national threshold values for sites identified as not contaminated or relevant national natural background levels; |
| --- | --- |

(d)

the content of substances potentially harmful to the environment or human health in the waste, and in particular As, Cd, Co, Cr, Cu, Hg, Mo, Ni, Pb, V and Zn, including in any fine particles alone of the waste, is sufficiently low to be of insignificant human and ecological risk, in both the short and the long term. In order to be considered as sufficiently low to be of insignificant human and ecological risk, the content of these substances shall not exceed national threshold values for sites identified as not contaminated or relevant national natural background levels;

| (e) | the waste is substantially free of products used in extraction or processing that could harm the environment or human health. |
| --- | --- |

(e)

the waste is substantially free of products used in extraction or processing that could harm the environment or human health.

2.   Waste may be considered as inert waste without specific testing if it can be demonstrated, to the satisfaction of the competent authority, that the criteria set out in paragraph 1 have been adequately considered and are met on the strength of existing information or valid procedures or schemes.

3.   The Member States may draw up lists of waste materials to be regarded as inert in accordance with the criteria defined in paragraphs 1 and 2.

Article 2

The assessment of the inert property of waste in accordance with this Decision shall be completed in the framework of the waste characterisation referred in Decision 2009/360/EC and shall be based on the same sources of information.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 30 April 2009.

For the Commission

Stavros DIMAS

Member of the Commission

---

(1)  OJ L 102, 11.4.2006, p. 15.

1

(2)  See page 48 of this Official Journal.

2

(3)  OJ L 114, 27.4.2006, p. 9.

3

---

| 1.5.2009 | EN | Official Journal of the European Union | L 110/48 |
| --- | --- | --- | --- |

1.5.2009

EN

Official Journal of the European Union

L 110/48

---

COMMISSION DECISION

of 30 April 2009

completing the technical requirements for waste characterisation laid down by Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries

(notified under document number C(2009) 3013)

(2009/360/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC (1), and in particular Article 22(1)(e) thereof,

Whereas:

| (1) | Directive 2006/21/EC provides for waste characterisation as part of the waste management plan, which has to be drawn up by the operator of extractive industries and approved by the competent authority. Annex II of that Directive provides a list of certain aspects to be included in the waste characterisation. |
| --- | --- |

(1)

Directive 2006/21/EC provides for waste characterisation as part of the waste management plan, which has to be drawn up by the operator of extractive industries and approved by the competent authority. Annex II of that Directive provides a list of certain aspects to be included in the waste characterisation.

| (2) | The purpose of the characterisation of extractive waste is to obtain the relevant information on the waste to be managed in order to be able to assess and monitor its properties, behaviour and characteristics and thereby ensure that it is managed under environmentally safe conditions in the long term. Furthermore, the characterisation of extractive waste should facilitate the determination of the options for managing such waste and the related mitigation measures in order to protect human health and the environment. |
| --- | --- |

(2)

The purpose of the characterisation of extractive waste is to obtain the relevant information on the waste to be managed in order to be able to assess and monitor its properties, behaviour and characteristics and thereby ensure that it is managed under environmentally safe conditions in the long term. Furthermore, the characterisation of extractive waste should facilitate the determination of the options for managing such waste and the related mitigation measures in order to protect human health and the environment.

| (3) | The necessary information and data for the characterisation of extractive waste should be collected on the basis of existing relevant and appropriate information or, if needed, by sampling and testing. It should be ensured that information and data for waste characterisation are appropriate, of adequate quality and representative of the waste. This information should be duly justified in the waste management plan to the full satisfaction of the competent authority. |
| --- | --- |

(3)

The necessary information and data for the characterisation of extractive waste should be collected on the basis of existing relevant and appropriate information or, if needed, by sampling and testing. It should be ensured that information and data for waste characterisation are appropriate, of adequate quality and representative of the waste. This information should be duly justified in the waste management plan to the full satisfaction of the competent authority.

| (4) | The level of detail of information to be gathered and the related sampling or testing needs should be adapted to the type of waste, the potential environmental risks, and the intended waste facility. From a technical point of view, it should be made possible to adopt an iterative approach to ensure appropriate waste characterisation. |
| --- | --- |

(4)

The level of detail of information to be gathered and the related sampling or testing needs should be adapted to the type of waste, the potential environmental risks, and the intended waste facility. From a technical point of view, it should be made possible to adopt an iterative approach to ensure appropriate waste characterisation.

| (5) | From a technical point of view, it is appropriate to exempt waste defined as inert in accordance with the criteria laid down in Commission Decision 2009/359/EC (2) from part of the geochemical testing. |
| --- | --- |

(5)

From a technical point of view, it is appropriate to exempt waste defined as inert in accordance with the criteria laid down in Commission Decision 2009/359/EC (2) from part of the geochemical testing.

| (6) | The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Directive 2006/12/EC of the European Parliament and of the Council (3), |
| --- | --- |

(6)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Directive 2006/12/EC of the European Parliament and of the Council (3),

HAS ADOPTED THIS DECISION:

Article 1

Waste characterisation

1.   Member States shall ensure that the waste characterisation to be carried out by operators in the extractive industries complies with this Decision.

2.   Waste characterisation shall cover the following categories of information as specified in the Annex:

| (a) | background information; |
| --- | --- |

(a)

background information;

| (b) | geological background of deposit to be exploited; |
| --- | --- |

(b)

geological background of deposit to be exploited;

| (c) | nature of the waste and its intended handling; |
| --- | --- |

(c)

nature of the waste and its intended handling;

| (d) | geotechnical behaviour of the waste; |
| --- | --- |

(d)

geotechnical behaviour of the waste;

| (e) | geochemical characteristics and behaviour of the waste. |
| --- | --- |

(e)

geochemical characteristics and behaviour of the waste.

3.   The criteria for defining inert waste laid down in Decision 2009/359/EC shall be taken into account for the purpose of assessing the geochemical behaviour of waste. Where, on the basis of those criteria, waste is considered to be ‘inert’, it shall be only subject to the relevant part of geochemical testing referred to in point 5 of the Annex.

Article 2

Collection and evaluation of information

1.   Information and data necessary for the waste characterisation shall be collected in the order set out in paragraphs 2 to 5.

2.   Existing investigations and studies, including existing permits, geological surveys, similar sites, lists of inert waste, appropriate certification schemes, European or national standards for similar material, which satisfy the technical requirements set out in the Annex shall be used.

3.   The quality and representativity of all information shall be evaluated and possible missing information shall be identified.

4.   Where information necessary for the characterisation of the waste is missing, a sampling plan shall be drawn up in accordance with standard EN 14899 and samples shall be taken in accordance with that sampling plan. Sampling plans shall be based on identified information as necessary, including:

| (a) | purpose of data collection, |
| --- | --- |

(a)

purpose of data collection,

| (b) | testing programme and sampling requirements, |
| --- | --- |

(b)

testing programme and sampling requirements,

| (c) | sampling situations, including sampling from drill-cores, excavation face, conveyor belt, heap, pond, or other relevant situation, |
| --- | --- |

(c)

sampling situations, including sampling from drill-cores, excavation face, conveyor belt, heap, pond, or other relevant situation,

| (d) | procedures and recommendations for sample numbers, size, mass, description and handling. |
| --- | --- |

(d)

procedures and recommendations for sample numbers, size, mass, description and handling.

The reliability and quality of the sampling results shall be evaluated.

5.   The results of the characterisation process shall be evaluated. Where necessary, additional information shall be collected following the same methodology. The final result shall feed into the waste management plan.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 30 April 2009.

For the Commission

Stavros DIMAS

Member of the Commission

---

(1)  OJ L 102, 11.4.2006, p. 15.

1

(2)  See page 46 of this Official Journal.

2

(3)  OJ L 114, 27.4.2006, p. 9.

3

---

ANNEX

TECHNICAL REQUIREMENTS FOR WASTE CHARACTERISATION

1.   Background information

Review and understanding of the general background and objectives of the extractive operation.

Collection of general information about:

| — | prospecting, extraction, or processing activity, |
| --- | --- |

—

prospecting, extraction, or processing activity,

| — | type and description of method of extraction and process applied, |
| --- | --- |

—

type and description of method of extraction and process applied,

| — | nature of the intended product. |
| --- | --- |

—

nature of the intended product.

2.   Geological background of deposit to be exploited

Identification of the waste units to be exposed by extraction and processing by providing relevant information on:

| — | nature of surrounding rocks, their chemistry and mineralogy, including hydrothermal alteration of mineralised rocks and barren rocks, |
| --- | --- |

—

nature of surrounding rocks, their chemistry and mineralogy, including hydrothermal alteration of mineralised rocks and barren rocks,

| — | nature of deposit, including mineralised rocks or rock-bearing mineralisation, |
| --- | --- |

—

nature of deposit, including mineralised rocks or rock-bearing mineralisation,

| — | mineralisation typology, their chemistry and mineralogy, including physical properties such as density, porosity, particle size distribution, water content, covering worked minerals, gangue minerals, hydrothermal newly-formed minerals, |
| --- | --- |

—

mineralisation typology, their chemistry and mineralogy, including physical properties such as density, porosity, particle size distribution, water content, covering worked minerals, gangue minerals, hydrothermal newly-formed minerals,

| — | size and geometry of deposit, |
| --- | --- |

—

size and geometry of deposit,

| — | weathering and supergene alteration from the chemical and mineralogical point of view. |
| --- | --- |

—

weathering and supergene alteration from the chemical and mineralogical point of view.

3.   The waste and its intended handling

Description of the nature of all the wastes occurring in each prospecting, extraction and processing operation, including overburden, waste rock and tailings, by providing information on the following elements:

| — | origin of the waste in the extraction site and the process generating that waste such as prospecting, extraction, milling, concentration, |
| --- | --- |

—

origin of the waste in the extraction site and the process generating that waste such as prospecting, extraction, milling, concentration,

| — | quantity of the waste, |
| --- | --- |

—

quantity of the waste,

| — | description of the waste transport system, |
| --- | --- |

—

description of the waste transport system,

| — | description of the chemical substances to be used during treatment, |
| --- | --- |

—

description of the chemical substances to be used during treatment,

| — | classification of the waste according to Commission decision 2000/532/EC (1), including hazardous properties, |
| --- | --- |

—

classification of the waste according to Commission decision 2000/532/EC (1), including hazardous properties,

| — | type of intended waste facility, final form of exposure of the waste and method of deposition of the waste into the facility. |
| --- | --- |

—

type of intended waste facility, final form of exposure of the waste and method of deposition of the waste into the facility.

4.   Geotechnical behaviour of waste

Identification of the suitable parameters for assessing the intrinsic physical characteristics of the waste taking into account the type of waste facility.

Relevant parameters to be considered are: granulometry, plasticity, density and water content, degree of compaction, shear strength and angle of friction, permeability and void ratio, compressibility and consolidation.

5.   Geochemical characteristics and behaviour of the waste

Specification of the chemical and mineralogical characteristics of the waste, and of any additives or residuals remaining in the waste.

Prediction of drainage chemistry over time for each type of waste, taking into account its intended handling, in particular:

| — | evaluation of metals, oxyanion and salt leachability over time by pH dependence leaching test, and/or percolation test and/or time-dependent release and/or other suitable testing, |
| --- | --- |

—

evaluation of metals, oxyanion and salt leachability over time by pH dependence leaching test, and/or percolation test and/or time-dependent release and/or other suitable testing,

| — | for sulphide-containing waste, static or kinetic tests shall be carried out in order to determine acid-rock drainage and metal leaching over time. |
| --- | --- |

—

for sulphide-containing waste, static or kinetic tests shall be carried out in order to determine acid-rock drainage and metal leaching over time.

---

(1)  OJ L 226, 6.9.2000, p. 3.

---

| 1.5.2009 | EN | Official Journal of the European Union | L 110/52 |
| --- | --- | --- | --- |

1.5.2009

EN

Official Journal of the European Union

L 110/52

---

COMMISSION DECISION

of 30 April 2009

authorising Finnish aid for seeds and cereal seed in respect of the harvest year 2009

(notified under document number C(2009) 3078)

(Only the Finnish and Swedish texts are authentic)

(2009/361/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular the first subparagraph of Article 182(2), in conjunction with Article 4 thereof,

Whereas:

| (1) | By letter dated 10 December 2008, the Finnish Government requested authorisation, for the years 2009-2010, to grant farmers aid for certain quantities of varieties of seeds and cereal seed produced solely in Finland because of its specific climatic conditions. |
| --- | --- |

(1)

By letter dated 10 December 2008, the Finnish Government requested authorisation, for the years 2009-2010, to grant farmers aid for certain quantities of varieties of seeds and cereal seed produced solely in Finland because of its specific climatic conditions.

| (2) | In accordance with the second subparagraph of Article 182(2) of Regulation (EC) No 1234/2007, Finland has transmitted to the Commission a satisfactory report on the results of the aid authorised. By consequence a national aid for cultivated seeds in 2009 may be granted. |
| --- | --- |

(2)

In accordance with the second subparagraph of Article 182(2) of Regulation (EC) No 1234/2007, Finland has transmitted to the Commission a satisfactory report on the results of the aid authorised. By consequence a national aid for cultivated seeds in 2009 may be granted.

| (3) | Finland requests authorisation to grant aid per hectare for certain areas under Gramineae (grass) and Leguminosae (legumes) seeds species as listed in Annex XIII to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (2), with the exception of Phleum pratense L. (Timothy), and for certain areas under cereal seed. |
| --- | --- |

(3)

Finland requests authorisation to grant aid per hectare for certain areas under Gramineae (grass) and Leguminosae (legumes) seeds species as listed in Annex XIII to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (2), with the exception of Phleum pratense L. (Timothy), and for certain areas under cereal seed.

| (4) | The proposed aid has to meet the requirements laid down in Article 182(2) of Regulation (EC) No 1234/2007. It concerns seeds and cereal seed varieties for cultivation in Finland which are adapted to the weather conditions in that country and are not grown in other Member States. The Commission authorisation should be limited to the varieties included in the list of Finnish varieties which are produced solely in Finland. |
| --- | --- |

(4)

The proposed aid has to meet the requirements laid down in Article 182(2) of Regulation (EC) No 1234/2007. It concerns seeds and cereal seed varieties for cultivation in Finland which are adapted to the weather conditions in that country and are not grown in other Member States. The Commission authorisation should be limited to the varieties included in the list of Finnish varieties which are produced solely in Finland.

| (5) | Provision should be made for the Commission to be informed of the measures taken by Finland to comply with the limits laid down in this Decision. |
| --- | --- |

(5)

Provision should be made for the Commission to be informed of the measures taken by Finland to comply with the limits laid down in this Decision.

| (6) | The measures provided for in this Decision are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, |
| --- | --- |

(6)

The measures provided for in this Decision are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS DECISION:

Article 1

Finland is authorised, from 1 January 2009 to 31 December 2009, to grant aid to growers established on its territory producing certified seeds and certified cereal seed referred to in the Annex, within the limits of the amounts laid down in that Annex.

The authorisation shall cover exclusively varieties listed in the Finnish national catalogue and which are grown solely in Finland.

Article 2

Finland shall ensure, by an appropriate inspection system that the aid is granted only in respect of the varieties referred to in the Annex.

Article 3

Finland shall send to the Commission a list of the certified varieties concerned and any amendment thereto and inform it of the areas and quantities of seeds and cereal seed for which the aid is granted.

Article 4

This Decision shall apply from 1 January 2009.

Article 5

This Decision is addressed to the Republic of Finland.

Done at Brussels, 30 April 2009.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  OJ L 299, 16.11.2007, p. 1.

1

(2)  OJ L 30, 31.1.2009, p. 16.

2

---

ANNEX

Seeds

| Eligible | : | area under certified Gramineae (grass) and Leguminosae (legumes) seeds of species listed in Annex XIII to Regulation (EC) No 73/2009 with the exception of Phleum pratense L. (Timothy). |
| --- | --- | --- |
| Maximum aid per hectare | : | EUR 220 |
| Maximum budget | : | EUR 442 200 |

Eligible

:

area under certified Gramineae (grass) and Leguminosae (legumes) seeds of species listed in Annex XIII to Regulation (EC) No 73/2009 with the exception of Phleum pratense L. (Timothy).

Maximum aid per hectare

:

EUR 220

Maximum budget

:

EUR 442 200

Cereal seed

| Eligible | : | area under certified seed of wheat, oats, barley and rye. |
| --- | --- | --- |
| Maximum aid per hectare | : | EUR 73 |
| Maximum budget | : | EUR 2 190 000 |

Eligible

:

area under certified seed of wheat, oats, barley and rye.

Maximum aid per hectare

:

EUR 73

Maximum budget

:

EUR 2 190 000

---

| 1.5.2009 | EN | Official Journal of the European Union | L 110/54 |
| --- | --- | --- | --- |

1.5.2009

EN

Official Journal of the European Union

L 110/54

---

COMMISSION DECISION

of 30 April 2009

authorising the placing on the market of lycopene as novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council

(notified under document number C(2009) 3149)

(Only the English text is authentic)

(2009/362/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (1), and in particular Article 7 thereof,

Whereas:

| (1) | On 18 July 2008 the company DSM Nutritional Products Ltd. made a request to the competent authorities of Ireland to place synthetic lycopene on the market as a novel food ingredient; on 6 October 2008 the competent food assessment body of Ireland issued its initial assessment report. In that report it came to the conclusion that, in the light of other pending applications concerning lycopene, for synthetic lycopene an additional assessment is required in order to assure that an authorisation for use of the different lycopenes as novel food ingredients is granted under the same terms. |
| --- | --- |

(1)

On 18 July 2008 the company DSM Nutritional Products Ltd. made a request to the competent authorities of Ireland to place synthetic lycopene on the market as a novel food ingredient; on 6 October 2008 the competent food assessment body of Ireland issued its initial assessment report. In that report it came to the conclusion that, in the light of other pending applications concerning lycopene, for synthetic lycopene an additional assessment is required in order to assure that an authorisation for use of the different lycopenes as novel food ingredients is granted under the same terms.

| (2) | The Commission forwarded the initial assessment report to all Member States on 22 October 2008. |
| --- | --- |

(2)

The Commission forwarded the initial assessment report to all Member States on 22 October 2008.

| (3) | On 4 December 2008 EFSA adopted the ‘Scientific Opinion of the Scientific Panel on dietetic Products, Nutrition and Allergies on a request from the Commission related to the safety of lycopene from Blakeslea trispora Cold Water Dispersion (CWD)’. This opinion came to the conclusions that lycopene preparations intended for use in foods and food supplements are formulated as suspensions in edible oils, direct compressible or water-dispersible powders. As lycopene may undergo oxidative changes in such formulations, sufficient antioxidative protection should be ascertained. |
| --- | --- |

(3)

On 4 December 2008 EFSA adopted the ‘Scientific Opinion of the Scientific Panel on dietetic Products, Nutrition and Allergies on a request from the Commission related to the safety of lycopene from Blakeslea trispora Cold Water Dispersion (CWD)’. This opinion came to the conclusions that lycopene preparations intended for use in foods and food supplements are formulated as suspensions in edible oils, direct compressible or water-dispersible powders. As lycopene may undergo oxidative changes in such formulations, sufficient antioxidative protection should be ascertained.

| (4) | EFSA also concluded that the consumption of lycopene by the average user will stay below the Acceptable Daily Intake (ADI), but that some users of lycopene may exceed the ADI. Therefore, it appears appropriate to collect intake data for a number of years following the authorisation in order to review this authorisation in the light of any further information on the safety of lycopene and its consumption. Particular attention should be given to the collection of data regarding levels of lycopene in breakfast cereals. However, this requirement under the present Decision, applies to the use of lycopene as a novel food ingredient and not to the use of lycopene as a food colour, that falls within the scope of Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption (2). |
| --- | --- |

(4)

EFSA also concluded that the consumption of lycopene by the average user will stay below the Acceptable Daily Intake (ADI), but that some users of lycopene may exceed the ADI. Therefore, it appears appropriate to collect intake data for a number of years following the authorisation in order to review this authorisation in the light of any further information on the safety of lycopene and its consumption. Particular attention should be given to the collection of data regarding levels of lycopene in breakfast cereals. However, this requirement under the present Decision, applies to the use of lycopene as a novel food ingredient and not to the use of lycopene as a food colour, that falls within the scope of Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption (2).

| (5) | On the basis of the scientific assessment, it is established that the synthetic lycopene complies with the criteria laid down in Article 3(1) of Regulation (EC) No 258/97. |
| --- | --- |

(5)

On the basis of the scientific assessment, it is established that the synthetic lycopene complies with the criteria laid down in Article 3(1) of Regulation (EC) No 258/97.

| (6) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(6)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Synthetic lycopene, hereinafter called the product, as specified in Annex I may be placed on the market in the Community as a novel food ingredient to be used in the foods listed in Annex II.

Article 2

The designation of the novel food ingredient authorised by this Decision on the labelling of the foodstuff containing it shall be ‘lycopene’.

Article 3

The company DSM Nutritional Products Ltd shall establish a monitoring programme accompanying the marketing of the product. This programme shall encompass information about use levels of lycopene in foods as specified in Annex III.

The data collected shall be made available to the Commission and Member States. In the light of new information and a report of EFSA, at the latest in the year 2014 the use of lycopene as an ingredient to foods shall be reviewed.

Article 4

This Decision is addressed to DSM Nutritional Products Ltd, Wurmis 576, CH – 4363 Kaiseraugst, Switzerland.

Done at Brussels, 30 April 2009.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  OJ L 43, 14.2.1997, p. 1.

1

(2)  OJ L 40, 11.2.1989, p. 27.

2

---

ANNEX I

Specifications of synthetic lycopene

DESCRIPTION

Synthetic lycopene is produced by the Wittig condensation of synthetic intermediates commonly used in the production of other carotenoids used in food. Synthetic lycopene consists of ≥ 96 % lycopene and minor quantities of other related carotenoid components. Lycopene is presented either as a powder in a suitable matrix or an oily dispersion. The colour is dark red or red-violet. Antioxidative protection has to be assured.

SPECIFICATION

| Chemical name | : | Lycopene |
| --- | --- | --- |
| C.A.S. number | : | 502-65-8 (all trans lycopene) |
| Chemical formula | : | C40H56 |
| Structural formula | : | |
| Formula weight | : | 536,85 |

Chemical name

:

Lycopene

C.A.S. number

:

502-65-8 (all trans lycopene)

Chemical formula

:

C40H56

Structural formula

:

Image

Formula weight

:

536,85

---

ANNEX II

List of foods to which synthetic lycopene may be added

| Food category | Maximum content of lycopene |
| --- | --- |
| Fruit/vegetable juice-based drinks (including concentrates) | 2,5 mg/100 g |
| Drinks intended to meet the expenditure of intense muscular effort especially for sportsmen | 2,5 mg/100 g |
| Foods intended for use in energy-restricted diets for weight reduction | 8 mg/meal replacement |
| Breakfast cereals | 5 mg/100 g |
| Fats and dressings | 10 mg/100 g |
| Soups other than tomato soups | 1 mg/100 g |
| Bread (including crispy breads) | 3 mg/100 g |
| Dietary foods for special medical purposes | In accordance with the particular nutritional requirements |
| Food supplements | 15 mg per daily dose as recommended by the manufacturer |

Food category

Maximum content of lycopene

Fruit/vegetable juice-based drinks (including concentrates)

2,5 mg/100 g

Drinks intended to meet the expenditure of intense muscular effort especially for sportsmen

2,5 mg/100 g

Foods intended for use in energy-restricted diets for weight reduction

8 mg/meal replacement

Breakfast cereals

5 mg/100 g

Fats and dressings

10 mg/100 g

Soups other than tomato soups

1 mg/100 g

Bread (including crispy breads)

3 mg/100 g

Dietary foods for special medical purposes

In accordance with the particular nutritional requirements

Food supplements

15 mg per daily dose as recommended by the manufacturer

---

ANNEX III

Post launch monitoring of synthetic lycopene

INFORMATION TO BE COLLECTED

Quantities of synthetic lycopene provided by DSM Nutritional Products Ltd. to their customers for the production of final food products to be placed on the market in the European Union.

Results of data base searches on product launches of foods with added lycopene, including fortification levels and portion sizes per launched food by Member State.

REPORTING OF THE INFORMATION

The information above shall be reported to the European Commission annually for the years 2009 to 2012. For the first time on 31 October 2010 for the reporting period 1 July 2009 to 30 June 2010; and then with the same yearly reporting period for the following two years.

ADDITIONAL INFORMATION

Where appropriate and available to DSM Nutritional Products Ltd. also the same information on intakes of lycopene used as food colour should be reported.

Where available, DSM Nutritional Products Ltd. shall provide new scientific information for a reconsideration of the maximum safe intake levels of lycopene.

ASSESSMENT OF INTAKE LEVELS OF LYCOPENE

Based on the collected and reported information above, DSM Nutritional Products Ltd. shall carry out an updated intake assessment.

REVIEW

The Commission shall consult EFSA in 2013 to review the information provided by industry.

---

| 1.5.2009 | EN | Official Journal of the European Union | L 110/58 |
| --- | --- | --- | --- |

1.5.2009

EN

Official Journal of the European Union

L 110/58

---

COMMISSION DECISION

of 30 April 2009

amending Decision 2002/253/EC laying down case definitions for reporting communicable diseases to the Community network under Decision No 2119/98/EC of the European Parliament and of the Council

(notified under document number C(2009) 3517)

(Text with EEA relevance)

(2009/363/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Decision No 2119/98/EC of the European Parliament and of the Council of 24 September 1998 setting up a network for the epidemiological surveillance and control of communicable diseases in the Community (1), and in particular Article 3(c) thereof,

Whereas:

| (1) | According to point 2.1 of Annex I to Commission Decision 2000/96/EC of 22 December 1999 on the communicable diseases to be progressively covered by the Community network under Decision No 2119/98/EC of the European Parliament and of the Council (2), ‘diseases preventable by vaccination’, including ‘influenza’, are covered by epidemiological surveillance in the Community network pursuant to Decision No 2119/98/EC. |
| --- | --- |

(1)

According to point 2.1 of Annex I to Commission Decision 2000/96/EC of 22 December 1999 on the communicable diseases to be progressively covered by the Community network under Decision No 2119/98/EC of the European Parliament and of the Council (2), ‘diseases preventable by vaccination’, including ‘influenza’, are covered by epidemiological surveillance in the Community network pursuant to Decision No 2119/98/EC.

| (2) | According to Article 2 of Commission Decision 2002/253/EC of 19 March 2002 laying down case definitions for reporting communicable diseases to the Community network under Decision No 2119/98/EC of the European Parliament and of the Council (3), the case definitions laid down in Annex to that Decision should be updated to the extent necessary on the basis of the latest scientific data. |
| --- | --- |

(2)

According to Article 2 of Commission Decision 2002/253/EC of 19 March 2002 laying down case definitions for reporting communicable diseases to the Community network under Decision No 2119/98/EC of the European Parliament and of the Council (3), the case definitions laid down in Annex to that Decision should be updated to the extent necessary on the basis of the latest scientific data.

| (3) | Several cases of a novel influenza virus have been reported in North America and more recently in several Member States. This virus is one of the multiple forms that can take the disease ‘influenza’, listed in Annex I to Decision 2000/96/EC. However, given that this new virus poses a risk of a pandemic influenza and requires an immediate coordination between the Community and the national competent authorities, it is necessary to provide for a specific case definition differentiating it from the more general case definition of influenza, that will enable the national competent authorities to communicate relevant information to the Community network pursuant to Article 4 of Decision No 2119/98/EC. |
| --- | --- |

(3)

Several cases of a novel influenza virus have been reported in North America and more recently in several Member States. This virus is one of the multiple forms that can take the disease ‘influenza’, listed in Annex I to Decision 2000/96/EC. However, given that this new virus poses a risk of a pandemic influenza and requires an immediate coordination between the Community and the national competent authorities, it is necessary to provide for a specific case definition differentiating it from the more general case definition of influenza, that will enable the national competent authorities to communicate relevant information to the Community network pursuant to Article 4 of Decision No 2119/98/EC.

| (4) | In accordance with Article 9 of the Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Centre for disease prevention and control (4) (ECDC), the ECDC provided, at the request of the Commission, a technical document on the case definition for this communicable disease assisting the Commission and Member States in the development of intervention strategies in the field of surveillance and response. The case definitions listed in the Annex to Decision 2002/253/EC should be updated on the basis of this contribution. |
| --- | --- |

(4)

In accordance with Article 9 of the Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Centre for disease prevention and control (4) (ECDC), the ECDC provided, at the request of the Commission, a technical document on the case definition for this communicable disease assisting the Commission and Member States in the development of intervention strategies in the field of surveillance and response. The case definitions listed in the Annex to Decision 2002/253/EC should be updated on the basis of this contribution.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 7 of Decision No 2119/98/EC, |
| --- | --- |

(5)

The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 7 of Decision No 2119/98/EC,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2002/253/EC is completed by the additional case definition contained in the Annex to the present Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 30 April 2009.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  OJ L 268, 3.10.1998, p. 1.

1

(2)  OJ L 28, 3.2.2000, p. 50.

2

(3)  OJ L 86, 3.4.2002, p. 44.

3

(4)  OJ L 142, 30.4.2004, p. 1.

4

---

ANNEX

The following wording is inserted in the Annex to Decision 2002/253/EC:

‘NOVEL INFLUENZA VIRUS A(H1N1) (THE SO-CALLED SWINE INFLUENZA VIRUS A(H1N1) AND MEXICAN INFLUENZA VIRUS) (1)

Clinical criteria

Any person with one of the following three:

| — | fever > 38 °C AND signs and symptoms of acute respiratory infection, |
| --- | --- |

—

fever > 38 °C AND signs and symptoms of acute respiratory infection,

| — | pneumonia (severe respiratory illness), |
| --- | --- |

—

pneumonia (severe respiratory illness),

| — | death from an unexplained acute respiratory illness. |
| --- | --- |

—

death from an unexplained acute respiratory illness.

Laboratory criteria

At least one of the following tests:

| — | RT-PCR, |
| --- | --- |

—

RT-PCR,

| — | viral culture (requiring BSL 3 facilities), |
| --- | --- |

—

viral culture (requiring BSL 3 facilities),

| — | four-fold rise in novel influenza virus A(H1N1) specific neutralising antibodies (implies the need for paired sera, from acute phase illness and then at convalescent stage 10-14 days later minimum). |
| --- | --- |

—

four-fold rise in novel influenza virus A(H1N1) specific neutralising antibodies (implies the need for paired sera, from acute phase illness and then at convalescent stage 10-14 days later minimum).

Epidemiological criteria

At least one of the following three in the seven days before disease onset:

| — | a person who was a close contact to a confirmed case of novel influenza A(H1N1) virus infection while the case was ill, |
| --- | --- |

—

a person who was a close contact to a confirmed case of novel influenza A(H1N1) virus infection while the case was ill,

| — | a person who has travelled to an area where sustained human-to-human transmission of novel influenza A(H1N1) is documented, |
| --- | --- |

—

a person who has travelled to an area where sustained human-to-human transmission of novel influenza A(H1N1) is documented,

| — | a person working in a laboratory where samples of the novel influenza A(H1N1) virus are tested. |
| --- | --- |

—

a person working in a laboratory where samples of the novel influenza A(H1N1) virus are tested.

Case classification

A.   Case under investigation

Any person meeting the clinical and epidemiological criteria.

B.   Probable case

Any person meeting the clinical AND epidemiological criteria AND with a laboratory result showing positive influenza A infection of an unsubtypable type.

C.   Confirmed case

Any person meeting the laboratory criteria for confirmation.

---

(1)  The name will be changed in line with the definition provided by the World Health Organisation.’.

1

---