Commission Regulation (EC) No 1497/2003
of 18 August 2003
amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein
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), as last amended by Commission Regulation (EC) No 2476/2001(2), and in particular Article 19(3), thereof,
Whereas:
(1) At the 12th session of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter referred to as the Convention), held in Santiago (Chile) from 3 to 15 November 2002, amendments were made to the Appendices to the Convention by way of the transfer of certain species or certain populations of species to Appendix I from Appendix II and vice versa, the transfer of certain species from Appendix III to Appendix II, the addition of species to Appendices I and II that were not previously listed in any of the Appendices, the deletion of certain species from Appendix II, and the addition, deletion or amendment of certain annotations accompanying the listing of certain species.
(2) Additions and deletions have been made to Appendix III to the Convention subsequent to the 12th session of the Conference of the Parties to the Convention in accordance with the provisions of Article XVI of the Convention.
(3) Member States have not entered a reservation in respect of any of these amendments.
(4) The amendments to Appendices I, II and III to the Convention therefore necessitate amendments to Annexes A, B and C of Regulation (EC) No 338/97 in accordance with Article 3(1)(a), (2)(a) and 3(a) of that Regulation.
(5) It has been established that Oxyura jamaicensis and Chrysemys picta constitute a threat to wild species of fauna and flora indigenous to the Community and those two species should therefore be included in Annex B of Regulation (EC) No 338/97 in accordance with Article 3(2)(d) of that Regulation.
(6) It has further been established that Padda fuscata is subject to levels of international trade that might not be compatible with its survival and that this species should therefore be included in Annex B to Regulation (EC) No 338/97 in accordance with Article 3(2)(c)(i) of that Regulation.
(7) It has been established that a number of species currently included in Annex D to Regulation (EC) No 338/97 are not imported into the Community in such numbers as to warrant monitoring and that these species should be deleted from that Annex in accordance with Article 3(4)(a) of that Regulation.
(8) It has further been established that a number of other species not currently included in any of the Annexes to Regulation (EC) No 338/97 are being imported into the Community in such numbers as to warrant monitoring and that these species should be included in Annex D on the basis of Article 3(4)(a) of that Regulation.
(9) In view of the extent of the amendments it is appropriate to replace the whole of the Annex to Regulation (EC) No 338/97 consisting of the Annexes A, B, C and D and the notes on the interpretation of those Annexes.
(10) The measures provided for in this Regulation are in accordance with the opinion of the Committee on Trade in Wild Fauna and Flora established pursuant to Article 18 of Regulation (EC) No 338/97,
HAS ADOPTED THIS REGULATION:
Article 1
The Annexes to Regulation (EC) No 338/97 and the notes on the interpretation of those Annexes are hereby replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following that of 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, 18 August 2003.