COMMISSION REGULATION (EC) No 407/2009
of 14 May 2009
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), and in particular Article 19(3) thereof,
Whereas:
(1)
Regulation (EC) No 338/97 lists animal and plant species in respect of which trade is restricted or controlled. Those lists incorporate the lists set out in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, hereinafter ‘the CITES Convention’.
(2)
The following species have been added to Appendix III to the CITES Convention at the request of China: Corallium elatius, Corallium japonicum, Corallium konjoi and Corallium secundum.
(3)
The species Crax daubentoni, Crax globulosa, Crax rubra, Ortalis vetula, Pauxi pauxi, Penelopina nigra, Arborophila campbelli, Arborophila charltonii, Lophura erythrophthalma, Lophura ignita, Semnornis ramphastinus, Baillonius bailloni, Pteroglossus castanotis, Ramphastos dicolorus and Selenidera maculirostris - which are currently included in Annex B to the Annex to Regulation (EC) No 338/97 - are not subject to levels of international trade that might be incompatible with its survival but are included in Appendix III to the CITES Convention at the requests of Colombia, Costa Rica, Guatemala, Honduras, Malaysia and Argentina, and should therefore be transferred from Annex B to Annex C to the Annex to Regulation (EC) No 338/97.
(4)
The species Phyllomedusa sauvagii, Leptodactylus laticeps, Limnonectes macrodon, Rana shqiperica, Ranodon sibiricus, Bolitoglossa dofleini, Cynops ensicauda, Echinotriton andersoni, Pachytriton labiatus, Paramesotriton spp., Salamandra algira and Tylototriton spp. - which are currently not listed in the Annex to Regulation (EC) No 338/97 - are being imported into the Community in such numbers as to warrant monitoring. Those species should therefore be included in Annex D to the Annex to Regulation (EC) No 338/97.
(5)
At the 14th Conference of the Parties to CITES in June 2007 new nomenclatural references for animals were adopted. Some inconsistencies between the CITES Appendices and the scientific names in those nomenclatural references as regards the species Asarcornis scutulata and Pezoporus occidentalis, the families Rheobatrachidae and Phasianidae as well as the order Scandentia were discovered. Since those inconsistencies also appear in the Annex to Regulation (EC) No 338/97, it should be adapted accordingly.
(6)
In view of the extent of the amendments it is appropriate, for clarity purposes, to replace the Annex to Regulation (EC) No 338/97 in its entirety.
(7)
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 Annex to Regulation (EC) No 338/97 is replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third 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, 14 May 2009.