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COUNCIL REGULATION ( EEC ) NO 3626/82
OF 3 DECEMBER 1982
ON THE IMPLEMENTATION IN THE COMMUNITY OF THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 235 THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,
WHEREAS A CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA ( HEREINAFTER REFERRED TO AS " THE CONVENTION " ) WAS OPENED FOR SIGNATURE ON 3 MARCH 1973 ; WHEREAS THE CONVENTION IS INTENDED TO PROTECT ENDANGERED SPECIES OF WILD FAUNA AND FLORA BY REGULATING INTERNATIONAL TRADE IN THESE SPECIES AND IN READILY RECOGNIZABLE PARTS AND DERIVATIVES THEREOF ;
WHEREAS THE RESOLUTION OF THE COUNCIL OF THE EUROPEAN COMMUNITIES AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES , MEETING WITHIN THE COUNCIL , OF 17 MAY 1977 ON THE CONTINUATION AND IMPLEMENTATION OF A EUROPEAN COMMUNITY POLICY AND ACTION PROGRAMME ON THE ENVIRONMENT ( 4 ) STRESSES THAT THE PROTECTION OF WILD FAUNA AND FLORA IS A MATTER WHICH CONCERNS THE COMMUNITY AND THAT IMPLEMENTATION OF THE CONVENTION IS AN IMPORTANT MEASURE FOR PROTECTING THESE SPECIES ;
WHEREAS , TO ATTAIN ITS OBJECTIVES , THE CONVENTION MAINLY EMPLOYS COMMERCIAL POLICY INSTRUMENTS BY LAYING DOWN RESTRICTIONS ON AND A STRICT CONTROL OF INTERNATIONAL TRADE IN SPECIMENS OF ENDANGERED SPECIES OF WILD FAUNA AND FLORA ;
WHEREAS , IN ORDER TO PROTECT ENDANGERED SPECIES OF WILD FAUNA AND FLORA , IT IS NECESSARY AT COMMUNITY LEVEL TO ENSURE THAT CERTAIN COMMERCIAL POLICY INSTRUMENTS TO BE EMPLOYED UNDER THE CONVENTION ARE UNIFORMLY APPLIED ; WHEREAS , BECAUSE OF ITS SCOPE , THIS REGULATION SHOULD NOT AFFECT NATIONAL POWERS TO ADOPT PROTECTIVE MEASURES OF A DIFFERENT NATURE ;
WHEREAS THE MEASURES RELATING TO THE APPLICATION OF THE CONVENTION TO TRADE MUST NOT AFFECT THE FREE MOVEMENT OF PRODUCTS WITHIN THE COMMUNITY AND MUST APPLY ONLY TO TRADE WITH THIRD COUNTRIES ;
WHEREAS THE EXISTENCE OF NATIONAL IMPLEMENTING MEASURES WHICH WERE NOT UNIFORM MIGHT LEAD TO DISTORTIONS OF COMPETITION WITHIN THE COMMUNITY ;
WHEREAS THE CONVENTION CONCERNS ANIMALS AND PLANTS , WHETHER ALIVE OR DEAD , AND READILY RECOGNIZABLE PARTS AND DERIVATIVES THEREOF ; WHEREAS , TO MAKE THE APPLICATION OF THE CONVENTION EFFECTIVE , A COMMON LIST OF THE MOST IMPORTANT PARTS AND DERIVATIVES MUST BE DRAWN UP AND THE CONDITIONS UNDER WHICH OTHER GOODS FALL WITHIN THE SCOPE OF THIS REGULATION MUST BE LAID DOWN ;
WHEREAS THE STATE OF CONSERVATION OF CERTAIN SPECIES MAKES DESIRABLE THE ADOPTION BY THE COMMUNITY OF STRICTER CONSERVATION MEASURES THAN THOSE LAID DOWN IN THE CONVENTION ;
WHEREAS IN CERTAIN CASES IT MAY BE NECESSARY , IN ORDER TO PERMIT THE MOST EFFECTIVE CONSERVATION POSSIBLE OF WILD FLORA AND FAUNA , FOR MEMBER STATES TO MAINTAIN OR TAKE , IN COMPLIANCE WITH THE TREATY , STRICTER MEASURES THAN THOSE LAID DOWN IN THIS REGULATION ;
WHEREAS IMPLEMENTATION OF THIS REGULATION NECESSITATES THE INTRODUCTION OF A COMMUNITY PROCEDURE FOR THE ISSUE AND PRESENTATION OF PERMITS FOR THE EXPORT , RE-EXPORT , IMPORT AND INTRODUCTION FROM THE SEA OF SPECIMENS OF THE SPECIES COVERED BY THE CONVENTION ; WHEREAS IMPLEMENTATION OF THIS REGULATION ALSO INVOLVES THE DESIGNATION OF MANAGEMENT AND SCIENTIFIC AUTHORITIES IN THE MEMBER STATES ;
WHEREAS , TO ENSURE THAT THE PROHIBITION OF IMPORTATION IS FULLY EFFECTIVE , RULES SHOULD BE DRAWN UP CONCERNING THE CONDITIONS OF TRADE IN SPECIMENS OF THE SPECIES LISTED IN APPENDIX I TO THE CONVENTION AND IN PART 1 OF ANNEX C TO THIS REGULATION ;
WHEREAS CERTAIN IMPORTED SPECIMENS SENT TO ANOTHER MEMBER STATE MUST UNDERGO A SPECIFIC CHECK AS TO THEIR PLACE OF DESTINATION ;
WHEREAS , IN ORDER TO SIMPLIFY THE FORMALITIES RELATING TO THE INTRODUCTION , INTO THE COMMUNITY , OF THE SPECIES LISTED IN APPENDICES II AND III TO THE CONVENTION THAT ARE NOT CONTAINED IN ANNEX C TO THIS REGULATION , IT SEEMED POSSIBLE TO GIVE MEMBER STATES THE OPTION OF APPLYING A SIMPLER PROCEDURE THAN THAT OF IMPORT PERMITS ;
WHEREAS , TO FACILITATE CUSTOMS PROCEDURES , THERE MUST BE PROVISION TO PERMIT MEMBER STATES TO DESIGNATE ONE OR MORE PLACES OF ENTRY AND EXIT WHERE THE GOODS IN QUESTION MUST BE PRESENTED ;
WHEREAS THE MARKS , SEALS AND STAMPS USED TO IDENTIFY GOODS MUST CONFORM TO STANDARD MODELS IN ORDER TO FACILITATE CONTROLS ;
WHEREAS THE CONSERVATION OF ENDANGERED SPECIES STILL RAISES PROBLEMS CALLING FOR SCIENTIFIC WORK ; WHEREAS THIS WORK WILL ALSO MAKE IT POSSIBLE TO ASSESS THE EFFECTIVENESS OF THE MEASURES TAKEN ; WHEREAS METHODS MUST ALSO BE DEVELOPED FOR MONITORING TRADE IN CERTAIN PARTS AND DERIVATIVES OF THESE SPECIES ;
WHEREAS IT IS ESSENTIAL TO ENSURE THE UNIFORM APPLICATION OF THIS REGULATION AND TO LAY DOWN TO THIS END A COMMUNITY PROCEDURE ENABLING THE NECESSARY IMPLEMENTING PROVISIONS TO BE ADOPTED WITHIN A SUITABLE PERIOD ; WHEREAS A COMMITTEE MUST BE SET UP TO PERMIT CLOSE AND EFFECTIVE COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION IN THIS FIELD ;
WHEREAS THE AIMS OF THE CONVENTION COINCIDE WITH SOME OF THE COMMUNITY'S ENVIRONMENTAL OBJECTIVES AS SET OUT IN THE ENVIRONMENTAL ACTION PROGRAMMES ; WHEREAS THE RULES OF THE CONVENTION SHOULD BE APPLIED UNIFORMLY THROUGHOUT THE COMMUNITY ; WHEREAS , SINCE THE TREATY HAS NOT PROVIDED THE NECESSARY SPECIFIC POWERS , RECOURSE MUST BE HAD TO ARTICLE 235 THEREOF ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
THE CONVENTION , AS SET OUT IN ANNEX A , SHALL APPLY THROUGHOUT THE COMMUNITY UNDER THE CONDITIONS LAID DOWN IN THE FOLLOWING ARTICLES .
THE OBJECTIVES AND PRINCIPLES OF THE CONVENTION SHALL BE RESPECTED IN THE APPLICATION OF THIS REGULATION .
ARTICLE 2
THE SPECIMENS TO WHICH THIS REGULATION APPLIES ARE :
( A ) ANY ANIMAL OR PLANT , WHETHER ALIVE OR DEAD , OF THE SPECIES LISTED IN APPENDIX I TO THE CONVENTION , ANY PART OR PRODUCT OF ANIMALS OR PLANTS OF THESE SPECIES WHICH ARE LISTED IN ANNEX B TO THIS REGULATION , AS WELL AS ANY OTHER GOODS WHICH APPEAR FROM AN ACCOMPANYING DOCUMENT , THE PACKAGING OR A MARK OR LABEL , OR FROM ANY OTHER CIRCUMSTANCES , TO BE PARTS OR DERIVATIVES OF ANIMALS OR PLANTS OF THESE SPECIES ;
( B ) ANY ANIMAL OR PLANT , WHETHER ALIVE OR DEAD , OF THE SPECIES LISTED IN APPENDIX II TO THE CONVENTION , ANY PART OR PRODUCT OF ANIMALS OR PLANTS OF THESE SPECIES WHICH ARE LISTED IN ANNEX B TO THIS REGULATION , AS WELL AS ANY OTHER GOODS WHICH APPEAR FROM AN ACCOMPANYING DOCUMENT , THE PACKAGING OR A MARK OR LABEL , OR FROM ANY OTHER CIRCUMSTANCES , TO BE PARTS OR DERIVATIVES OF ANIMALS OF THESE SPECIES ;
( C ) ANY ANIMAL OR PLANT , WHETHER ALIVE OR DEAD , OF THE SPECIES LISTED IN APPENDIX III TO THE CONVENTION AND ANY PART OR PRODUCT OF ANIMALS OR PLANTS OF THESE SPECIES WHICH ARE LISTED IN ANNEX B TO THIS REGULATION .
ARTICLE 3
1 . THE SPECIMENS OF SPECIES LISTED IN PART 1 OF ANNEX C SHALL BE CONSIDERED AS SPECIMENS OF THE SPECIES LISTED IN APPENDIX I TO THE CONVENTION .
2 . THE INTRODUCTION INTO THE COMMUNITY OF SPECIMENS OF SPECIES LISTED IN PART 2 OF ANNEX C SHALL REQUIRE AN IMPORT PERMIT IN ACCORDANCE WITH ARTICLE 10 ( 1 ) ( B ) .
ARTICLE 4
AMENDMENTS WHICH ARE NECESSARY TO MAKE TO APPENDICES I , II AND III TO THE CONVENTION AND TO ANNEX B TO THIS REGULATION AS A CONSEQUENCE OF AMENDMENTS THAT HAVE BEEN DECIDED ON BY THE PARTIES TO THE CONVENTION AND AGREED TO BY THE COMMUNITY , AS WELL AS ANY ADDITIONS TO ANNEX B , SHALL BE MADE IN ACCORDANCE WITH THE PROCEDURE PRESCRIBED IN ARTICLE 21 ( 2 ) AND ( 3 ) .
ARTICLE 5
1 . THE INTRODUCTION INTO THE COMMUNITY OF SPECIMENS COVERED BY ARTICLES 2 AND 3 SHALL BE SUBJECT TO PRESENTATION OF AN IMPORT PERMIT OR IMPORT CERTIFICATE PROVIDED FOR IN ARTICLE 10 AT THE CUSTOMS OFFICE AT WHICH THE CUSTOMS FORMALITIES ARE COMPLETED .
2 . THE EXPORT OR RE-EXPORT TO DESTINATIONS OUTSIDE THE COMMUNITY OF THE SPECIMENS REFERRED TO IN ARTICLE 2 SHALL BE SUBJECT TO PRESENTATION OF THE DOCUMENT PROVIDED FOR IN ARTICLE 10 ( 3 ) AT THE CUSTOMS OFFICE AT WHICH THE CUSTOMS FORMALITIES ARE COMPLETED .
3 . CUSTOMS OFFICES AT WHICH PERMITS HAVE BEEN PRESENTED IN ACCORDANCE WITH PARAGRAPHS 1 AND 2 SHALL FORWARD THE PERMITS TO THE MANAGEMENT AUTHORITY OF THE MEMBER STATE IN WHICH THEY ARE SITUATED .
4 . BY WAY OF DEROGATION FROM PARAGRAPHS 1 AND 2 , WHERE SPECIMENS ARE BROUGHT INTO THE COMMUNITY AND PLACED UNDER EITHER A CUSTOMS TRANSIT PROCEDURE OR A TEMPORARY STORAGE PROCEDURE , PRESENTATION TO THE APPROPRIATE CUSTOMS SERVICE OF THE PERMITS REFERRED TO IN ARTICLE 10 SHALL NOT BE REQUIRED , PROVIDED THAT AN EXPORT DOCUMENT FOR THE SPECIMENS IS ISSUED BY THE MANAGEMENT AUTHORITY OF THE EXPORTING COUNTRY . IN THIS CASE MEMBER STATES MAY REQUIRE PRESENTATION OF THE EXPORT DOCUMENTATION PROVIDED FOR BY THE CONVENTION OR SATISFACTORY PROOF OF ITS EXISTENCE .
ARTICLE 6
1 . THE DISPLAY TO THE PUBLIC FOR COMMERCIAL PURPOSES AND THE SALE , KEEPING FOR SALE , OFFERING FOR SALE OR TRANSPORTING FOR SALE OF THE SPECIMENS REFERRED TO IN ARTICLES 2 ( A ) AND 3 ( 1 ) SHALL BE PROHIBITED , SUBJECT TO EXEMPTIONS WHICH MAY BE GRANTED BY THE MEMBER STATES FOR THE FOLLOWING REASONS , ACCOUNT BEING TAKEN OF THE OBJECTIVES OF THE CONVENTION AND THE REQUIREMENTS OF COUNCIL DIRECTIVE 79/409/EEC OF 2 APRIL 1979 ON THE CONSERVATION OF WILD BIRDS ( 5 ) :
( A ) THE SPECIMENS ENTERED , IN ACCORDANCE WITH THE CONVENTION AND BEFORE THIS REGULATION CAME INTO FORCE , THE TERRITORY TO WHICH THIS REGULATION APPLIES ;
( B ) THE SPECIMENS OF AN ANIMAL OR PLANT SPECIES WERE BRED IN CAPTIVITY OR ARTIFICIALLY PROPAGATED , OR ARE PARTS OF SUCH ANIMALS OR PLANTS OR DERIVED THEREFROM ;
( C ) THE SPECIMENS ARE INTENDED FOR RESEARCH , TEACHING , BREEDING OR PROPAGATION PURPOSES ;
( D ) SPECIMENS ORIGINATING FROM A MEMBER STATE WERE REMOVED FROM THE NATURAL STATE UNDER LEGAL PROVISIONS IN FORCE IN THAT MEMBER STATE OR WITH THE APPROVAL OF THE COMPETENT AUTHORITIES OF THAT MEMBER STATE ;
( E ) THE SPECIMENS ENTERED , IN ACCORDANCE WITH THE CONVENTION AND AFTER THIS REGULATION CAME INTO FORCE , THE TERRITORY TO WHICH THIS REGULATION APPLIES AND WERE NOT USED FOR PURPOSES ESSENTIALLY COMMERCIAL IN NATURE .
2 . THE PROHIBITIONS REFERRED TO IN PARAGRAPH 1 SHALL ALSO APPLY TO THE SPECIMENS REFERRED TO IN ARTICLE 2 ( B ) AND ( C ) WHICH ARE NOT COVERED BY PARAGRAPH 1 IF THEY WERE INTRODUCED IN VIOLATION OF ARTICLE 5 .
3 . HAVING REGARD IN PARTICULAR TO ARTICLE VIII OF THE CONVENTION , THE COMPETENT AUTHORITIES OF THE MEMBER STATES SHALL HAVE DISCRETION TO SELL ANY SPECIMENS THEY HAVE SEIZED UNDER THIS REGULATION OR UNDER NATIONAL LAWS , AND SUCH SPECIMENS MAY THEN BE TREATED FOR ALL PURPOSES AS IF THEY HAD BEEN BROUGHT IN LEGALLY .
ARTICLE 7
MEMBER STATES SHALL FORWARD TO THE COMMISSION THE NAMES AND ADDRESSES OF THE MANAGEMENT AND SCIENTIFIC AUTHORITIES REFERRED TO IN ARTICLE IX OF THE CONVENTION AND , WHERE APPROPRIATE , OF THE OTHER COMPETENT AUTHORITIES REFERRED TO IN THIS REGULATION . THE COMMISSION SHALL PUBLISH THIS INFORMATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
ARTICLE 8
THE COMPETENT AUTHORITIES OF THE MEMBER STATES SHALL :
( A ) ISSUE THE PERMITS AND CERTIFICATES PROVIDED FOR IN ARTICLE 10 OR ENDORSE THE IMPORT CERTIFICATES REFERRED TO IN ARTICLE 10 ( 2 ) ;
( B ) AUTHORIZE THE EXEMPTIONS REFERRED TO IN ARTICLE 6 ;
( C ) ISSUE THE CERTIFICATES REFERRED TO IN ARTICLE 11 AND THE LABEL REFERRED TO IN ARTICLE 12 ;
( D ) RETURN TO THE MANAGEMENT AUTHORITIES WHICH HAVE ISSUED THEM THE PERMITS WHICH HAVE BEEN SENT TO THEM BY THE CUSTOMS OFFICES IN ACCORDANCE WITH ARTICLE 5 ;
( E ) COMMUNICATE TO THE COMMISSION ALL THE INFORMATION REQUIRED FOR DRAWING UP THE RECORDS AND REPORTS REFERRED TO IN ARTICLE VIII ( 6 ) AND ( 7 ) OF THE CONVENTION .
ARTICLE 9
1 . WITHOUT PREJUDICE TO ARTICLE 15 , EACH MEMBER STATE SHALL RECOGNIZE THE DECISIONS OF THE COMPETENT AUTHORITIES OF THE OTHER MEMBER STATES .
2 . WITH THE EXCEPTION OF THE DOCUMENT REFERRED TO IN ARTICLE 11 ( A ) , PERMITS AND CERTIFICATES REFERRED TO IN THIS REGULATION ISSUED BY A MEMBER STATE SHALL BE VALID THROUGHOUT THE COMMUNITY .
3 . THE APPLICATIONS FOR IMPORT PERMITS REFERRED TO IN ARTICLE 10 ( 1 ) SHALL BE SUBMITTED TO THE MANAGEMENT AUTHORITY RESPONSIBLE FOR THE PLACE OF DESTINATION OF THE SPECIMEN .
4 . APPLICATION FOR PERMITS FOR THE INTRODUCTION OF SPECIMENS FROM THE SEA SHALL BE SENT TO THE MANAGEMENT AUTHORITY RESPONSIBLE FOR THE PLACE OF INTRODUCTION OF SPECIMENS .
5 . THE APPLICATIONS FOR THE EXPORT PERMITS AND RE-EXPORT CERTIFICATES REFERRED TO IN ARTICLE 10 ( 3 ) FOR THE EXPORT OR RE-EXPORT OF LIVE SPECIMENS SHALL BE SENT TO THE MANAGEMENT AUTHORITY OF THE MEMBER STATE IN WHOSE TERRITORY THE SPECIMEN IS LOCATED .
ARTICLE 10
1 . ( A ) THE INTRODUCTION INTO THE COMMUNITY FROM THIRD COUNTRIES OR FROM THE SEA OF THE SPECIMENS REFERRED TO IN ARTICLES 2 ( A ) AND 3 SHALL BE SUBJECT TO THE PRESENTATION OF AN IMPORT PERMIT .
( B ) THE IMPORT PERMIT REFERRED TO IN ARTICLE 3 ( 2 ) SHALL BE ISSUED ONLY WHERE :
- IT IS CLEAR , OR WHERE THE APPLICANT PRESENTS TRUSTWORTHY EVIDENCE , THAT THE CAPTURE OR COLLECTION OF THE SPECIMEN IN THE WILD WILL NOT HAVE A HARMFUL EFFECT ON THE CONSERVATION OF SPECIES OR ON THE EXTENT OF THE TERRITORY OCCUPIED BY THE POPULATIONS IN QUESTION OF THE SPECIES ,
- THE APPLICANT PROVIDES PROOF BY MEANS OF DOCUMENTS ISSUED BY THE COMPETENT AUTHORITIES OF THE COUNTRY OF ORIGIN THAT THE SPECIMEN HAS BEEN OBTAINED IN ACCORDANCE WITH THE LEGISLATION ON PROTECTION OF THE SPECIES IN QUESTION ,
- IN THE CASE OF THE IMPORTATION OF A LIVING ANIMAL , THE APPLICANT PROVIDES EVIDENCE THAT THE INTENDED RECIPIENT POSSESSES ADEQUATE FACILITIES SUITABLE FOR ACCOMMODATING THE SPECIES AND SUITED TO ITS BEHAVIOUR AND THAT THE ANIMAL WILL BE PROPERLY CARED FOR ,
- THERE ARE NO OTHER REQUIREMENTS RELATING TO CONSERVATION OF THE SPECIES WHICH MILITATE AGAINST ISSUE .
THE PERMITS SHALL , IF NEED BE , CONTAIN ADDITIONAL STIPULATIONS TO ENSURE COMPLIANCE WITH THESE CONDITIONS .
2 . THE INTRODUCTION INTO THE COMMUNITY FROM THIRD COUNTRIES OR FROM THE SEA OF SPECIMENS OF ALL OTHER SPECIES COVERED BY THE REGULATION SHALL BE SUBJECT TO PRESENTATION EITHER OF AN IMPORT PERMIT OR OF AN IMPORT CERTIFICATE ENDORSED BY THE CUSTOMS SERVICES AND CERTIFYING THAT THE FORMALITIES REQUIRED UNDER THE CONVENTION HAVE BEEN FULFILLED .
THE IMPORT PERMIT AND IMPORT CERTIFICATE SHALL BE ISSUED ON IDENTICAL FORMS .
3 . EXPORT OR RE-EXPORT FROM THE COMMUNITY OF THE SPECIMENS REFERRED TO IN ARTICLE 2 SHALL BE SUBJECT TO THE PRESENTATION OF AN EXPORT PERMIT OR RE-EXPORT CERTIFICATE OR , IN THE CASE OF ARTIFICIALLY PROPAGATED PLANTS , OF EITHER OF THESE PERMITS OR OF THE DOCUMENT REFERRED TO IN ARTICLE 11 ( B ) .
ARTICLE 11
ON RECEIVING AN APPLICATION , TOGETHER WITH ALL THE REQUISITE SUPPORTING DOCUMENTS FROM THE PERSON CONCERNED , THE COMPETENT AUTHORITIES SHALL ISUE THE FOLLOWING CERTIFICATES :
( A ) A DOCUMENT STATING THAT A GIVEN SPECIMEN ENTERED , IN ACCORDANCE WITH THE CONVENTION , THE TERRITORY TO WHICH THIS REGULATION APPLIES , BEFORE THE REGULATION CAME INTO FORCE , OR THAT THE SPECIMEN WAS ACQUIRED BEFORE THE CONVENTION BECAME APPLICABLE TO IT ;
( B ) A DOCUMENT STATING THAT A SPECIMEN OF AN ANIMAL SPECIES WAS BORN AND BRED IN CAPTIVITY , THAT A SPECIMEN OF A PLANT SPECIES WAS ARTIFICIALLY PROPAGATED OR THAT A SPECIMEN IS A PART OF SUCH AN ANIMAL OR PLANT OR WAS DERIVED THEREFROM .
ARTICLE 12
BY WAY OF DEROGATION FROM ARTICLE 5 , PRESENTATION TO THE CUSTOMS SERVICES OF THE DOCUMENTS REFERRED TO IN ARTICLE 10 SHALL NOT AS A RULE BE REQUIRED IN THE CASE OF NON-COMMERCIAL LOANS , DONATIONS AND EXCHANGES BETWEEN SCIENTISTS AND SCIENTIFIC INSTITUTIONS REGISTERED BY A MANAGEMENT AUTHORITY OF THEIR STATE , OF HERBARIUM SPECIMENS AND OTHER PRESERVED , DRIED OR EMBEDDED MUSEUM SPECIMENS , AND OF LIVE PLANT MATERIAL BEARING A LABEL THE MODEL FOR WHICH HAS BEEN DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 21 OR A SIMILAR LABEL ISSUED OR APPROVED BY A MANAGEMENT AUTHORITY OF A THIRD COUNTRY .
ARTICLE 13
1 . WHERE SPECIMENS REFERRED TO IN ARTICLES 2 ( A ) AND 3 ( 1 ) WHICH ARE REQUIRED UNDER THE TERMS OF THE IMPORT PERMIT TO BE KEPT AT A SPECIFIED ADDRESS ARE SENT TO ANOTHER MEMBER STATE AFTER BEING RELEASED FOR FREE CIRCULATION , THE COMPETENT AUTHORITIES OF THE DESPATCHING MEMBER STATE MUST BE PROVIDED WITH PROOF THAT THE GOODS HAVE BEEN DELIVERED TO THE ADDRESS SPECIFIED .
2 . ANY TRANSPORTATION WITHIN THE COMMUNITY OF LIVE ANIMALS OF THE SPECIES REFERRED TO IN ARTICLES 2 ( A ) AND 3 ( 1 ) FROM THE ADDRESS SPECIFIED IN THE IMPORT PERMIT SHALL BE SUBJECT TO PRIOR AUTHORIZATION FROM THE MANAGEMENT AUTHORITY OR MANAGEMENT AUTHORITIES CONCERNED .
3 . WHERE SPECIMENS REFERRED TO IN PARAGRAPHS 1 AND 2 ARE PLACED UNDER THE COMMUNITY TRANSIT PROCEDURE , THE PRINCIPAL SHALL ENTER ONE OF THE FOLLOWING PHRASES IN THE BOX RESERVED FOR THE DESCRIPTION OF THE GOODS ON THE COMMUNITY TRANSIT DECLARATION FORM :
- " UDRYDDELSESTRUEDE ARTER " ,
- " GEFAEHRDETE ARTEN " ,
- !***
- " ENDANGERED SPECIES " ,
- " ESPECES MENACEES D'EXTINCTION " ,
- " SPECIE MINACCIATE DI ESTINZIONE " ,
- " BEDREIGDE SOORTEN " .
ARTICLE 14
DEROGATIONS FROM ARTICLES 5 AND 10 MAY BE GRANTED BY THE MEMBER STATES IN RESPECT OF SPECIMENS WHICH ARE PERSONAL EFFECTS OR WHICH ARE INTENDED FOR HOUSEHOLD USE .
ARTICLE 15
1 . IN RESPECT OF THE SPECIES TO WHICH THIS REGULATION APPLIES , MEMBER STATES MAY MAINTAIN OR TAKE STRICTER MEASURES , PROVIDING THAT THEY COMPLY WITH THE TREATY , AND IN PARTICULAR ARTICLE 36 THEREOF , FOR ONE OR MORE OF THE FOLLOWING PURPOSES :
( A ) IMPROVEMENT OF CONDITIONS OF SURVIVAL OF LIVING SPECIMENS IN RECIPIENT COUNTRIES ;
( B ) THE CONSERVATION OF NATIVE SPECIES ;
( C ) THE CONSERVATION OF A SPECIES OR A POPULATION OF A SPECIES IN THE COUNTRY OF ORIGIN .
SUCH MEASURES , WHICH MAY IN NO CASE STEM FROM COMMERCIAL POLICY CONSIDERATIONS , WHEN ADOPTED BY A MEMBER STATE IN ACCORDANCE WITH THIS PARAGRAPH , MUST ALSO APPLY TO TRADE WITH THIRD COUNTRIES .
2 . IF A MEMBER STATE INTENDS TO HAVE RECOURSE TO PARAGRAPH 1 , IT SHALL IMMEDIATELY INFORM THE COMMISSION OF THE MEASURES IT INTENDS TO TAKE .
3 . FOR THE PURPOSE OF PROTECTING THE HEALTH AND LIFE OF ANIMALS OR PLANTS , MEMBER STATES MAY TAKE MEASURES SIMILAR TO THOSE PROVIDED FOR IN THE REGULATION IN RESPECT OF SPECIES NOT COVERED BY THE REGULATION .
ARTICLE 16
THE PLACES OF ENTRY AND EXIT DESIGNATED , WHERE APPROPRIATE , BY THE MEMBER STATES IN ACCORDANCE WITH ARTICLE VIII ( 3 ) OF THE CONVENTION SHALL BE NOTIFIED TO THE COMMISSION , WHICH SHALL PUBLISH A LIST OF THEM IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
ARTICLE 17
1 . THE MEMBER STATES AND THE COMMISSION SHALL COMMUNICATE TO ONE ANOTHER THE INFORMATION NECESSARY FOR IMPLEMENTING THIS REGULATION .
2 . INFORMATION SUPPLIED IN IMPLEMENTATION OF THIS REGULATION MAY NOT BE DIVULGED OR USED FOR A PURPOSE OTHER THAN THAT FOR WHICH IT WAS REQUESTED , UNLESS THE SUPPLIER HAS EXPRESSLY AGREED AND IN SO FAR AS THE PROVISIONS IN FORCE IN THE MEMBER STATE WHICH HAS RECEIVED IT DO NOT PROHIBIT SUCH USE .
ANY INFORMATION COMMUNICATED WHICH IS COVERED BY AN OBLIGATION OF PROFESSIONAL SECRECY SHALL ENJOY THE PROTECTION EXTENDED TO SUCH INFORMATION UNDER BOTH THE NATIONAL LAW OF THE MEMBER STATE WHICH HAS RECEIVED IT AND THE CORRESPONDING PROVISIONS APPLYING TO THE COMMUNITY AUTHORITIES .
INFORMATION COVERED BY AN OBLIGATION OF PROFESSIONAL SECRECY MAY NOT IN PARTICULAR BE COMMUNICATED TO PERSONS OTHER THAN THOSE WORKING IN THE MEMBER STATES OR WITHIN THE COMMUNITY INSTITUTIONS WHOSE DUTIES REQUIRE THAT THEY HAVE ACCESS TO IT .
ARTICLE 18
MEMBER STATES SHALL FORWARD TO THE COMMISSION ALL NECESSARY INFORMATION RELATING TO RESEARCH INTO THE SITUATION REGARDING ENDANGERED SPECIES AND INTO METHODS OF CONTROLLING TRADE IN PARTS OR PRODUCTS OF ANIMALS AND PLANTS , SO THAT THE COMMISSION MAY , WHERE NECESSARY , TAKE SUITABLE STEPS TO COORDINATE SUCH RESEARCH .
IN THIS CONNECTION MEMBER STATES SHALL TAKE INTO ACCOUNT THE WORK OF ANY INTERNATIONAL ORGANIZATIONS ACTIVE IN THIS FIELD .
ARTICLE 19
A COMMITTEE ON THE CONVENTION ( HEREINAFTER REFERRED TO AS " THE COMMITTEE " ) IS HEREBY ESTABLISHED , CONSISTING OF REPRESENTATIVES OF THE MEMBER STATES AND PRESIDED OVER BY A REPRESENTATIVE OF THE COMMISSION .
ARTICLE 20
THE COMMITTEE SHALL EXAMINE ANY QUESTION RELATING TO THE APPLICATION OF THIS REGULATION RAISED BY ITS CHAIRMAN EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF THE REPRESENTATIVE OF A MEMBER STATE .
ARTICLE 21
1 . IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN PARAGRAPHS 2 AND 3 , THE COMMITTEE SHALL :
( A ) DETERMINE THE DESIGN OF THE DOCUMENTS REFERRED TO IN ARTICLES 10 AND 11 , THE MODEL OF THE LABELS REFERRED TO IN ARTICLE 12 AND THE MARKS , SEALS AND STAMPS REFERRED TO IN ARTICLE VI OF THE CONVENTION ;
( B ) LAY DOWN UNIFORM CONDITIONS FOR THE ISSUE OF THE DOCUMENTS REFERRED TO IN ARTICLES 10 AND 11 ;
( C ) ESTABLISH THE PRINCIPLES GOVERNING THE VALIDITY AND USE OF THE DOCUMENTS REFERRED TO IN ARTICLE 11 ( A ) AND THE GRANTING OF THE DEROGATIONS REFERRED TO IN ARTICLE 14 .
2 . THE REPRESENTATIVE OF THE COMMISSION SHALL SUBMIT TO THE COMMITTEE A DRAFT OF THE PROVISIONS TO BE ADOPTED . THE COMMITTEE SHALL DELIVER ITS OPINION ON THE DRAFT WITHIN THE TIME LIMIT SET BY THE CHAIRMAN , HAVING REGARD TO THE URGENCY OF THE MATTER CONCERNED . DECISIONS SHALL BE TAKEN BY A MAJORITY OF 45 VOTES , THE VOTES OF THE MEMBER STATES BEING WEIGHTED AS PROVIDED IN ARTICLE 148 ( 2 ) OF THE TREATY . THE CHAIRMAN SHALL NOT VOTE .
3 . ( A ) THE COMMISSION SHALL ADOPT THE PROVISIONS ENVISAGED IF THEY ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE .
( B ) IF THE PROVISIONS ENVISAGED ARE NOT IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE , OR IF NO OPINION IS DELIVERED , THE COMMISSION SHALL WITHOUT DELAY SUBMIT A PROPOSAL TO THE COUNCIL WITH REGARD TO THE PROVISIONS TO BE ADOPTED . THE COUNCIL SHALL ACT BY A QUALIFIED MAJORITY .
( C ) IF , WITHIN THREE MONTHS OF THE PROPOSAL BEING SUBMITTED OF IT , THE COUNCIL HAS NOT ACTED , THE PROPOSED PROVISIONS SHALL BE ADOPTED BY THE COMMISSION .
ARTICLE 22
EACH MEMBER STATE SHALL NOTIFY THE COMMISSION OF THE PROVISIONS WHICH IT ADOPTS FOR THE IMPLEMENTATION OF THIS REGULATION .
THE COMMISSION SHALL COMMUNICATE THIS INFORMATION TO THE OTHER MEMBER STATES .
ARTICLE 23
THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
ARTICLES 1 TO 17 SHALL APPLY FROM 1 JANUARY 1984 .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS , 3 DECEMBER 1982 .
FOR THE COUNCIL
THE PRESIDENT
CH . CHRISTENSEN
( 1 ) OJ NO C 243 , 22 . 9 . 1980 , P . 16 .
( 2 ) OJ NO C 327 , 14 . 12 . 1981 , P . 105 .
( 3 ) OJ NO C 138 , 9 . 6 . 1981 , P . 5 .
( 4 ) OJ NO C 139 , 13 . 6 . 1977 , P . 1 .
( 5 ) OJ NO L 103 , 25 . 4 . 1979 , P . 1 .
ANNEX A
CONVENTION
ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA
THE CONTRACTING STATES ,
RECOGNIZING THAT WILD FAUNA AND FLORA IN THEIR MANY BEAUTIFUL AND VARIED FORMS ARE AN IRREPLACEABLE PART OF THE NATURAL SYSTEMS OF THE EARTH WHICH MUST BE PROTECTED FOR THIS AND THE GENERATIONS TO COME ;
CONSCIOUS OF THE EVER-GROWING VALUE OF WILD FAUNA AND FLORA FROM AESTHETIC , SCIENTIFIC , CULTURAL , RECREATIONAL AND ECONOMIC POINTS OF VIEW ;
RECOGNIZING THAT PEOPLES AND STATES ARE AND SHOULD BE THE BEST PROTECTORS OF THEIR OWN WILD FAUNA AND FLORA ;
RECOGNIZING , IN ADDITION , THAT INTERNATIONAL COOPERATION IS ESSENTIAL FOR THE PROTECTION OF CERTAIN SPECIES OF WILD FAUNA AND FLORA AGAINST OVER-EXPLOITATION THROUGH INTERNATIONAL TRADE ;
CONVINCED OF THE URGENCY OF TAKING APPROPRIATE MEASURES TO THIS END ,
HAVE AGREED AS FOLLOWS :
ARTICLE I
DEFINITIONS
FOR THE PURPOSE OF THE PRESENT CONVENTION , UNLESS THE CONTEXT OTHERWISE REQUIRES :
( A ) " SPECIES " MEANS ANY SPECIES , SUB-SPECIES , OR GEOGRAPHICALLY SEPARATE POPULATION THEREOF ;
( B ) " SPECIMEN " MEANS :
( I ) ANY ANIMAL OR PLANT , WHETHER ALIVE OR DEAD ;
( II ) IN THE CASE OF AN ANIMAL : FOR SPECIES INCLUDED IN APPENDICES I AND II , ANY READILY RECOGNIZABLE PART OR DERIVATIVE THEREOF ; AND FOR SPECIES INCLUDED IN APPENDIX III , ANY READILY RECOGNIZABLE PART OR DERIVATIVE THEREOF SPECIFIED IN APPENDIX III IN RELATION TO THE SPECIES , AND
( III ) IN THE CASE OF A PLANT : FOR SPECIES INCLUDED IN APPENDIX I , ANY READILY RECOGNIZABLE PART OR DERIVATIVE THEREOF ; AND FOR SPECIES INCLUDED IN APPENDICES II AND III , ANY READILY RECOGNIZABLE PART OR DERIVATIVE THEREOF SPECIFIED IN APPENDICES II AND III IN RELATION TO THE SPECIES ;
( C ) " TRADE " MEANS EXPORT , RE-EXPORT , IMPORT AND INTRODUCTION FROM THE SEA ;
( D ) " RE-EXPORT " MEANS EXPORT OF ANY SPECIMEN THAT HAS PREVIOUSLY BEEN IMPORTED ;
( E ) " INTRODUCTION FROM THE SEA " MEANS TRANSPORTATION INTO A STATE OF SPECIMENS OF ANY SPECIES WHICH WERE TAKEN IN THE MARINE ENVIRONMENT NOT UNDER THE JURISDICTION OF ANY STATE ;
( F ) " SCIENTIFIC AUTHORITY " MEANS A NATIONAL SCIENTIFIC AUTHORITY DESIGNATED IN ACCORDANCE WITH ARTICLE IX ;
( G ) " MANAGEMENT AUTHORITY " MEANS A NATIONAL MANAGEMENT AUTHORITY DESIGNATED IN ACCORDANCE WITH ARTICLE IX ;
( H ) " PARTY " MEANS A STATE FOR WHICH THE PRESENT CONVENTION HAS ENTERED INTO FORCE .
ARTICLE II
FUNDAMENTAL PRINCIPLES
1 . APPENDIX I SHALL INCLUDE ALL SPECIES THREATENED WITH EXTINCTION WHICH ARE OR MAY BE AFFECTED BY TRADE . TRADE IN SPECIMENS OF THESE SPECIES MUST BE SUBJECT TO PARTICULARLY STRICT REGULATION IN ORDER NOT TO ENDANGER FURTHER THEIR SURVIVAL AND MUST ONLY BE AUTHORIZED IN EXCEPTIONAL CIRCUMSTANCES .
2 . APPENDIX II SHALL INCLUDE :
( A ) ALL SPECIES WHICH ALTHOUGH NOT NECESSARILY NOW THREATENED WITH EXTINCTION MAY BECOME SO UNLESS TRADE IN SPECIMENS OF SUCH SPECIES IS SUBJECT TO STRICT REGULATION IN ORDER TO AVOID UTILIZATION INCOMPATIBLE WITH THEIR SURVIVAL ; AND
( B ) OTHER SPECIES WHICH MUST BE SUBJECT TO REGULATION IN ORDER THAT TRADE IN SPECIMENS OF CERTAIN SPECIES REFERRED TO IN SUBPARAGRAPH ( A ) OF THIS PARAGRAPH MAY BE BROUGHT UNDER EFFECTIVE CONTROL .
3 . APPENDIX III SHALL INCLUDE ALL SPECIES WHICH ANY PARTY IDENTIFIED AS BEING SUBJECT TO REGULATION WITHIN ITS JURISDICTION FOR THE PURPOSE OF PREVENTING OR RESTRICTING EXPLOITATION , AND AS NEEDING THE COOPERATION OF OTHER PARTIES IN THE CONTROL OF TRADE .
4 . THE PARTIES SHALL NOT ALLOW TRADE IN SPECIMENS OF SPECIES INCLUDED IN APPENDICES I , II AND III EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF THE PRESENT CONVENTION .
ARTICLE III
REGULATION OF TRADE IN SPECIMENS OF SPECIES INCLUDED IN APPENDIX I
1 . ALL TRADE IN SPECIMENS OF SPECIES INCLUDED IN APPENDIX I SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE .
2 . THE EXPORT OF ANY SPECIMEN OF A SPECIES INCLUDED IN APPENDIX I SHALL REQUIRE THE PRIOR GRANT AND PRESENTATION OF AN EXPORT PERMIT . AN EXPORT PERMIT SHALL ONLY BE GRANTED WHEN THE FOLLOWING CONDITIONS HAVE BEEN MET :
( A ) A SCIENTIFIC AUTHORITY OF THE STATE OF EXPORT HAS ADVISED THAT SUCH EXPORT WILL NOT BE DETRIMENTAL TO THE SURVIVAL OF THAT SPECIES ;
( B ) A MANAGEMENT AUTHORITY OF THE STATE OF EXPORT IS SATISFIED THAT THE SPECIMEN WAS NOT OBTAINED IN CONTRAVENTION OF THE LAWS OF THAT STATE FOR THE PROTECTION OF FAUNA AND FLORA ;
( C ) A MANAGEMENT AUTHORITY OF THE STATE OF EXPORT IS SATISFIED THAT ANY LIVING SPECIMEN WILL BE SO PREPARED AND SHIPPED AS TO MINIMIZE THE RISK OF INJURY , DAMAGE TO HEALTH OR CRUEL TREATMENT ; AND
( D ) A MANAGEMENT AUTHORITY OF THE STATE OF EXPORT IS SATISFIED THAT AN IMPORT PERMIT HAS BEEN GRANTED FOR THE SPECIMEN .
3 . THE IMPORT OF ANY SPECIMEN OF A SPECIES INCLUDED IN APPENDIX I SHALL REQUIRE THE PRIOR GRANT AND PRESENTATION OF AN IMPORT PERMIT AND EITHER AN EXPORT PERMIT OR A RE-EXPORT CERTIFICATE . AN IMPORT PERMIT SHALL ONLY BE GRANTED WHEN THE FOLLOWING CONDITIONS HAVE BEEN MET :
( A ) A SCIENTIFIC AUTHORITY OF THE STATE OF IMPORT HAS ADVISED THAT THE IMPORT WILL BE FOR PURPOSES WHICH ARE NOT DETRIMENTAL TO THE SURVIVAL OF THE SPECIES INVOLVED ;
( B ) A SCIENTIFIC AUTHORITY OF THE STATE OF IMPORT IS SATISFIED THAT THE PROPOSED RECIPIENT OF A LIVING SPECIMEN IS SUITABLY EQUIPPED TO HOUSE AND CARE FOR IT ; AND
( C ) A MANAGEMENT AUTHORITY OF THE STATE OF IMPORT IS SATISFIED THAT THE SPECIMEN IS NOT TO BE USED FOR PRIMARILY COMMERCIAL PURPOSES .
4 . THE RE-EXPORT OF ANY SPECIMEN OF A SPECIES INCLUDED IN APPENDIX I SHALL REQUIRE THE PRIOR GRANT AND PRESENTATION OF A RE-EXPORT CERTIFICATE . A RE-EXPORT CERTIFICATE SHALL ONLY BE GRANTED WHEN THE FOLLOWING CONDITIONS HAVE BEEN MET :
( A ) A MANAGEMENT AUTHORITY OF THE STATE OF RE-EXPORT IS SATISFIED THAT THE SPECIMEN WAS IMPORTED INTO THAT STATE IN ACCORDANCE WITH THE PROVISIONS OF THE PRESENT CONVENTION ;
( B ) A MANAGEMENT AUTHORITY OF THE STATE OF RE-EXPORT IS SATISFIED THAT ANY LIVING SPECIMEN WILL BE SO PREPARED AND SHIPPED AS TO MINIMIZE THE RISK OF INJURY , DAMAGE TO HEALTH OR CRUEL TREATMENT ; AND
( C ) A MANAGEMENT AUTHORITY OF THE STATE OF RE-EXPORT IS SATISFIED THAT AN IMPORT PERMIT HAS BEEN GRANTED FOR ANY LIVING SPECIMEN .
5 . THE INTRODUCTION FROM THE SEA OF ANY SPECIMEN OF A SPECIES INCLUDED IN APPENDIX I SHALL REQUIRE THE PRIOR GRANT OF A CERTIFICATE FROM A MANAGEMENT AUTHORITY OF THE STATE OF INTRODUCTION . A CERTIFICATE SHALL ONLY BE GRANTED WHEN THE FOLLOWING CONDITIONS HAVE BEEN MET :
( A ) A SCIENTIFIC AUTHORITY OF THE STATE OF INTRODUCTION ADVISES THAT THE INTRODUCTION WILL NOT BE DETRIMENTAL TO THE SURVIVAL OF THE SPECIES INVOLVED ;
( B ) A MANAGEMENT AUTHORITY OF THE STATE OF INTRODUCTION IS SATISFIED THAT THE PROPOSED RECIPIENT OF A LIVING SPECIMEN IN SUITABLY EQUIPPED TO HOUSE AND CARE FOR IT ; AND
( C ) A MANAGEMENT AUTHORITY OF THE STATE OF INTRODUCTION IS SATISFIED THAT THE SPECIMEN IS NOT TO BE USED FOR PRIMARILY COMMERCIAL PURPOSES .
ARTICLE IV
REGULATION OF TRADE IN SPECIMENS OF SPECIES INCLUDED IN APPENDIX II
1 . ALL TRADE IN SPECIMENS OF SPECIES INCLUDED IN APPENDIX II SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE .
2 . THE EXPORT OF ANY SPECIMEN OF A SPECIES INCLUDED IN APPENDIX II SHALL REQUIRE THE PRIOR GRANT AND PRESENTATION OF AN EXPORT PERMIT . AN EXPORT PERMIT SHALL ONLY BE GRANTED WHEN THE FOLLOWING CONDITIONS HAVE BEEN MET :
( A ) A SCIENTIFIC AUTHORITY OF THE STATE OF EXPORT HAS ADVISED THAT SUCH EXPORT WILL NOT BE DETRIMENTAL TO THE SURVIVAL OF THAT SPECIES ;
( B ) A MANAGEMENT AUTHORITY OF THE STATE OF EXPORT IS SATISFIED THAT THE SPECIMEN WAS NOT OBTAINED IN CONTRAVENTION OF THE LAWS OF THAT STATE FOR THE PROTECTION OF FAUNA AND FLORA ; AND
( C ) A MANAGEMENT AUTHORITY OF THE STATE OF EXPORT IS SATISFIED THAT ANY LIVING SPECIMEN WILL BE SO PREPARED AND SHIPPED AS TO MINIMIZE THE RISK OF INJURY , DAMAGE TO HEALTH OR CRUEL TREATMENT .
3 . A SCIENTIFIC AUTHORITY IN EACH PARTY SHALL MONITOR BOTH THE EXPORT PERMITS GRANTED BY THAT STATE FOR SPECIMENS OF SPECIES INCLUDED IN APPENDIX II AND THE ACTUAL EXPORTS OF SUCH SPECIMENS . WHENEVER A SCIENTIFIC AUTHORITY DETERMINES THAT THE EXPORT OF SPECIMENS OF ANY SUCH SPECIES SHOULD BE LIMITED IN ORDER TO MAINTAIN THAT SPECIES THROUGHOUT ITS RANGE AT A LEVEL CONSISTENT WITH ITS ROLE IN THE ECOSYSTEMS IN WHICH IT OCCURS AND WELL ABOVE THE LEVEL AT WHICH THAT SPECIES MIGHT BECOME ELIGIBLE FOR INCLUSION IN APPENDIX I , THE SCIENTIFIC AUTHORITY SHALL ADVISE THE APPROPRIATE MANAGEMENT AUTHORITY OF SUITABLE MEASURES TO BE TAKEN TO LIMIT THE GRANT OF EXPORT PERMITS FOR SPECIMENS OF THAT SPECIES .
4 . THE IMPORT OF ANY SPECIMEN OF A SPECIES INCLUDED IN APPENDIX II SHALL REQUIRE THE PRIOR PRESENTATION OF EITHER AN EXPORT PERMIT OR A RE-EXPORT CERTIFICATE .
5 . THE RE-EXPORT OF ANY SPECIMEN OF A SPECIES INCLUDED IN APPENDIX II SHALL REQUIRE THE PRIOR GRANT AND PRESENTATION OF A RE-EXPORT CERTIFICATE . A RE-EXPORT CERTIFICATE SHALL ONLY BE GRANTED WHEN THE FOLLOWING CONDITIONS HAVE BEEN MET :
( A ) A MANAGEMENT AUTHORITY OF THE STATE OF RE-EXPORT IS SATISFIED THAT THE SPECIMEN WAS IMPORTED INTO THAT STATE IN ACCORDANCE WITH THE PROVISIONS OF THE PRESENT CONVENTION ; AND
( B ) A MANAGEMENT AUTHORITY OF THE STATE OF RE-EXPORT IS SATISFIED THAT ANY LIVING SPECIMEN WILL BE SO PREPARED AND SHIPPED AS TO MINIMIZE THE RISK OF INJURY , DAMAGE TO HEALTH OR CRUEL TREATMENT .
6 . THE INTRODUCTION FROM THE SEA OF ANY SPECIMEN OF A SPECIES INCLUDED IN APPENDIX II SHALL REQUIRE THE PRIOR GRANT OF A CERTIFICATE FROM A MANAGEMENT AUTHORITY OF THE STATE OF INTRODUCTION . A CERTIFICATE SHALL ONLY BE GRANTED WHEN THE FOLLOWING CONDITIONS HAVE BEEN MET :
( A ) A SCIENTIFIC AUTHORITY OF THE STATE OF INTRODUCTION ADVISES THAT THE INTRODUCTION WILL NOT BE DETRIMENTAL TO THE SURVIVAL OF THE SPECIES INVOLVED ; AND
( B ) A MANAGEMENT AUTHORITY OF THE STATE OF INTRODUCTION IS SATISFIED THAT ANY LIVING SPECIMEN WILL BE SO HANDLED AS TO MINIMIZE THE RISK OF INJURY , DAMAGE TO HEALTH OR CRUEL TREATMENT .
7 . CERTIFICATES REFERRED TO IN PARAGRAPH 6 OF THIS ARTICLE MAY BE GRANTED ON THE ADVICE OF A SCIENTIFIC AUTHORITY , IN CONSULTATION WITH OTHER NATIONAL SCIENTIFIC AUTHORITIES OR , WHEN APPROPRIATE , INTERNATIONAL SCIENTIFIC AUTHORITIES OR , WHEN APPROPRIATE , INTERNATIONAL SCIENTIFIC AUTHORITIES , IN RESPECT OF PERIODS NOT EXCEEDING ONE YEAR FOR TOTAL NUMBERS OF SPECIMENS TO BE INTRODUCED IN SUCH PERIOD .
ARTICLE V
REGULATION OF TRADE IN SPECIMENS OF SPECIES INCLUDED IN APPENDIX III
1 . ALL TRADE IN SPECIMENS OF SPECIES INCLUDED IN APPENDIX III SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE .
2 . THE EXPORT OF ANY SPECIMEN OF A SPECIES INCLUDED IN APPENDIX III FROM ANY STATE WHICH HAS INCLUDED THAT SPECIES IN APPENDIX III SHALL REQUIRE THE PRIOR GRANT AND PRESENTATION OF AN EXPORT PERMIT . AN EXPORT PERMIT SHALL ONLY BE GRANTED WHEN THE FOLLOWING CONDITIONS HAVE BEEN MET :
( A ) A MANAGEMENT AUTHORITY OF THE STATE OF EXPORT IS SATISFIED THAT THE SPECIMEN WAS NOT OBTAINED IN CONTRAVENTION OF THE LAWS OF THAT STATE FOR THE PROTECTION OF FAUNA AND FLORA ; AND
( B ) A MANAGEMENT AUTHORITY OF THE STATE OF EXPORT IS SATISFIED THAT ANY LIVING SPECIMEN WILL BE SO PREPARED AND SHIPPED AS TO MINIMIZE THE RISK OF INJURY , DAMAGE TO HEALTH OR CRUEL TREATMENT .
3 . THE IMPORT OF ANY SPECIMEN OF A SPECIES INCLUDED IN APPENDIX III SHALL REQUIRE , EXCEPT IN CIRCUMSTANCES TO WHICH PARAGRAPH 4 OF THIS ARTICLE APPLIES , THE PRIOR PRESENTATION OF A CERTIFICATE OF ORIGIN AND , WHERE THE IMPORT IS FROM A STATE WHICH HAS INCLUDED THAT SPECIES IN APPENDIX III , AN EXPORT PERMIT .
4 . IN THE CASE OF RE-EXPORT , A CERTIFICATE GRANTED BY THE MANAGEMENT AUTHORITY OF THE STATE OF RE-EXPORT THAT THE SPECIMEN WAS PROCESSED IN THAT STATE OR IS BEING RE-EXPORTED SHALL BE ACCEPTED BY THE STATE OF IMPORT AS EVIDENCE THAT THE PROVISIONS OF THE PRESENT CONVENTION HAVE BEEN COMPLIED WITH IN RESPECT OF THE SPECIMEN CONCERNED .
ARTICLE VI
PERMITS AND CERTIFICATES
1 . PERMITS AND CERTIFICATES GRANTED UNDER THE PROVISIONS OF ARTICLES III , IV AND V SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE .
2 . AN EXPORT PERMIT SHALL CONTAIN THE INFORMATION SPECIFIED IN THE MODEL SET FORTH IN APPENDIX IV , AND MAY ONLY BE USED FOR EXPORT WITHIN A PERIOD OF SIX MONTHS FROM THE DATE ON WHICH IT WAS GRANTED .
3 . EACH PERMIT OR CERTIFICATE SHALL CONTAIN THE TITLE OF THE PRESENT CONVENTION , THE NAME AND ANY IDENTIFYING STAMP OF THE MANAGEMENT AUTHORITY GRANTING IT AND A CONTROL NUMBER ASSIGNED BY THE MANAGEMENT AUTHORITY .
4 . ANY COPIES OF A PERMIT OR CERTIFICATE ISSUED BY A MANAGEMENT AUTHORITY SHALL BE CLEARLY MARKED AS COPIES ONLY AND NO SUCH COPY MAY BE USED IN PLACE OF THE ORIGINAL , EXCEPT TO THE EXTENT ENDORSED THEREON .
5 . A SEPARATE PERMIT OR CERTIFICATE SHALL BE REQUIRED FOR EACH CONSIGNMENT OF SPECIMENS .
6 . A MANAGEMENT AUTHORITY OF THE STATE OF IMPORT OF ANY SPECIMEN SHALL CANCEL AND RETAIN THE EXPORT PERMIT OR RE-EXPORT CERTIFICATE AND ANY CORRESPONDING IMPORT PERMIT PRESENTED IN RESPECT OF THE IMPORT OF THAT SPECIMEN .
7 . WHERE APPROPRIATE AND FEASIBLE A MANAGEMENT AUTHORITY MAY AFFIX A MARK UPON ANY SPECIMEN TO ASSIST IN IDENTIFYING THE SPECIMEN . FOR THESE PURPOSES " MARK " MEANS ANY INDELIBLE IMPRINT , LEAD SEAL OR OTHER SUITABLE MEANS OF IDENTIFYING A SPECIMEN , DESIGNED IN SUCH A WAY AS TO RENDER ITS IMITATION BY UNAUTHORIZED PERSONS AS DIFFICULT AS POSSIBLE .
ARTICLE VII
EXEMPTIONS AND OTHER SPECIAL PROVISIONS RELATING TO TRADE
1 . THE PROVISIONS OF ARTICLES III , IV AND V SHALL NOT APPLY TO THE TRANSIT OR TRANSHIPMENT OF SPECIMENS THROUGH OR IN THE TERRITORY OF A PARTY WHILE THE SPECIMENS REMAIN IN CUSTOMS CONTROL .
2 . WHERE A MANAGEMENT AUTHORITY OF THE STATE OF EXPORT OR RE-EXPORT IS SATISFIED THAT A SPECIMEN WAS ACQUIRED BEFORE THE PROVISIONS OF THE PRESENT CONVENTION APPLIED TO THAT SPECIMEN , THE PROVISIONS OF ARTICLES III , IV AND V SHALL NOT APPLY TO THAT SPECIMEN WHERE THE MANAGEMENT AUTHORITY ISSUES A CERTIFICATE TO THAT EFFECT .
3 . THE PROVISIONS OF ARTICLES III , IV AND V SHALL NOT APPLY TO SPECIMENS THAT ARE PERSONAL OR HOUSEHOLD EFFECTS . THIS EXEMPTION SHALL NOT APPLY WHERE :
( A ) IN THE CASE OF SPECIMENS OF A SPECIES INCLUDED IN APPENDIX I , THEY WERE ACQUIRED BY THE OWNER OUTSIDE HIS STATE OF USUAL RESIDENCE , AND ARE BEING IMPORTED INTO THAT STATE ; OR
( B ) IN THE CASE OF SPECIMENS OF SPECIES INCLUDED IN APPENDIX II :
( I ) THEY WERE ACQUIRED BY THE OWNER OUTSIDE HIS STATE OF USUAL RESIDENCE AND IN A STATE WHERE REMOVAL FROM THE WILD OCCURRED ,
( II ) THEY ARE BEING IMPORTED INTO THE OWNER'S STATE OF USUAL RESIDENCE , AND
( III ) THE STATE WHERE REMOVAL FROM THE WILD OCCURRED REQUIRES THE PRIOR GRANT OF EXPORT PERMITS BEFORE ANY EXPORT OF SUCH SPECIMENS ,
UNLESS A MANAGEMENT AUTHORITY IS SATISFIED THAT THE SPECIMENS WERE ACQUIRED BEFORE THE PROVISIONS OF THE PRESENT CONVENTION APPLIED TO SUCH SPECIMENS .
4 . SPECIMENS OF AN ANIMAL SPECIES INCLUDED IN APPENDIX I BRED IN CAPTIVITY FOR COMMERCIAL PURPOSES , OR OF A PLANT SPECIES INCLUDED IN APPENDIX I ARTIFICIALLY PROPAGATED FOR COMMERCIAL PURPOSES , SHALL BE DEEMED TO BE SPECIMENS OF SPECIES INCLUDED IN APPENDIX II .
5 . WHERE A MANAGEMENT AUTHORITY OF THE STATE OF EXPORT IS SATISFIED THAT ANY SPECIMEN OF AN ANIMAL SPECIES WAS BRED IN CAPTIVITY OR ANY SPECIMEN OF A PLANT SPECIES WAS ARTIFICIALLY PROPAGATED , OR IS A PART OF SUCH AN ANIMAL OR PLANT OR WAS DERIVED THEREFROM , A CERTIFICATE BY THE MANAGEMENT AUTHORITY TO THAT EFFECT SHALL BE ACCEPTED IN LIEU OF ANY OF THE PERMITS OR CERTIFICATES REQUIRED UNDER THE PROVISIONS OF ARTICLE III , IV OR V .
6 . THE PROVISIONS OF ARTICLES III , IV AND V SHALL NOT APPLY TO THE NON-COMMERCIAL LOAN , DONATION OR EXCHANGE BETWEEN SCIENTISTS OR SCIENTIFIC INSTITUTIONS REGISTERED BY A MANAGEMENT AUTHORITY OF THEIR STATE , OF HERBARIUM SPECIMENS , OTHER PRESERVED , DRIED OR EMBEDDED MUSEUM SPECIMENS , AND LIVE PLANT MATERIAL WHICH CARRY A LABEL ISSUED OR APPROVED BY A MANAGEMENT AUTHORITY .
7 . A MANAGEMENT AUTHORITY OF ANY STATE MAY WAIVE THE REQUIREMENTS OF ARTICLES III , IV AND V AND ALLOW THE MOVEMENT WITHOUT PERMITS OR CERTIFICATES OF SPECIMENS WHICH FORM PART OF A TRAVELLING ZOO , CIRCUS , MENAGERIE , PLANT EXHIBITION OR OTHER TRAVELLING EXHIBITION PROVIDED THAT :
( A ) THE EXPORTER OR IMPORTER REGISTERS FULL DETAILS OF SUCH SPECIMENS WITH THAT MANAGEMENT AUTHORITY ;
( B ) THE SPECIMENS ARE IN EITHER OF THE CATEGORIES SPECIFIED IN PARAGRAPH 2 OR 5 OF THIS ARTICLE ; AND
( C ) THE MANAGEMENT AUTHORITY IS SATISFIED THAT ANY LIVING SPECIMEN WILL BE SO TRANSPORTED AND CARED FOR AS TO MINIMIZE THE RISK OF INJURY , DAMAGE TO HEALTH OR CRUEL TREATMENT .
ARTICLE VIII
MEASURES TO BE TAKEN BY THE PARTIE
1 . THE PARTIES SHALL TAKE APPROPRIATE MEASURES TO ENFORCE THE PROVISIONS OF THE PRESENT CONVENTION AND TO PROHIBIT TRADE IN SPECIMENS IN VIOLATION THEREOF . THESE SHALL INCLUDE MEASURES :
( A ) TO PENALIZE TRADE IN , OR POSSESSION OF , SUCH SPECIMENS , OR BOTH ; AND
( B ) TO PROVIDE FOR THE CONFISCATION OR RETURN TO THE STATE OF EXPORT OF SUCH SPECIMENS .
2 . IN ADDITION TO THE MEASURES TAKEN UNDER PARAGRAPH 1 OF THIS ARTICLE , A PARTY MAY , WHEN IT DEEMS IT NECESSARY , PROVIDE FOR ANY METHOD OF INTERNAL REIMBURSEMENT FOR EXPENSES INCURRED AS A RESULT OF THE CONFISCATION OF A SPECIMEN TRADED IN VIOLATION OF THE MEASURES TAKEN IN THE APPLICATION OF THE PROVISIONS OF THE PRESENT CONVENTION .
3 . AS FAR AS POSSIBLE , THE PARTIES SHALL ENSURE THAT SPECIMENS SHALL PASS THROUGH ANY FORMALITIES REQUIRED FOR TRADE WITH A MINIMUM OF DELAY . TO FACILITATE SUCH PASSAGE , A PARTY MAY DESIGNATE PORTS OF EXIT AND PORTS OF ENTRY AT WHICH SPECIMENS MUST BE PRESENTED FOR CLEARANCE . THE PARTIES SHALL ENSURE FURTHER THAT ALL LIVING SPECIMENS , DURING ANY PERIOD OF TRANSIT , HOLDING OR SHIPMENT , ARE PROPERLY CARED FOR SO AS TO MINIMIZE THE RISK OF INJURY , DAMAGE TO HEALTH OR CRUEL TREATMENT .
4 . WHERE A LIVING SPECIMEN IS CONFISCATED AS A RESULT OF MEASURES REFERRED TO IN PARAGRAPH 1 OF THIS ARTICLE :
( A ) THE SPECIMEN SHALL BE ENTRUSTED TO A MANAGEMENT AUTHORITY OF THE STATE OF CONFISCATION ;
( B ) THE MANAGEMENT AUTHORITY SHALL , AFTER CONSULTATION WITH THE STATE OF EXPORT , RETURN THE SPECIMEN TO THAT STATE AT THE EXPENSE OF THAT STATE , OR TO A RESCUE CENTRE OR SUCH OTHER PLACE AS THE MANAGEMENT AUTHORITY DEEMS APPROPRIATE AND CONSISTENT WITH THE PURPOSES OF THE PRESENT CONVENTION ; AND
( C ) THE MANAGEMENT AUTHORITY MAY OBTAIN THE ADVICE OF A SCIENTIFIC AUTHORITY , OR MAY , WHENEVER IT CONSIDERS IT DESIRABLE , CONSULT THE SECRETARIAT IN ORDER TO FACILITATE THE DECISION UNDER SUBPARAGRAPH ( B ) OF THIS PARAGRAPH , INCLUDING THE CHOICE OF A RESCUE CENTRE OR OTHER PLACE .
5 . A RESCUE CENTRE AS REFERRED TO IN PARAGRAPH 4 OF THIS ARTICLE MEANS AN INSTITUTION DESIGNATED BY A MANAGEMENT AUTHORITY TO LOOK AFTER THE WELFARE OF LIVING SPECIMENS , PARTICULARLY THOSE THAT HAVE BEEN CONFISCATED .
6 . EACH PARTY SHALL MAINTAIN RECORDS OF TRADE IN SPECIMENS OF SPECIES INCLUDED IN APPENDICES I , II AND III WHICH SHALL COVER :
( A ) THE NAMES AND ADDRESSES OF EXPORTERS AND IMPORTERS ; AND
( B ) THE NUMBER AND TYPE OF PERMITS AND CERTIFICATES GRANTED ; THE STATES WITH WHICH SUCH TRADE OCCURRED ; THE NUMBERS OR QUANTITIES AND TYPES OF SPECIMENS , NAMES OF SPECIES AS INCLUDED IN APPENDICES I , II AND III AND , WHERE APPLICABLE , THE SIZE AND SEX OF THE SPECIMENS IN QUESTION .
7 . EACH PARTY SHALL PREPARE PERIODIC REPORTS ON ITS IMPLEMENTATION OF THE PRESENT CONVENTION AND SHALL TRANSMIT TO THE SECRETARIAT :
( A ) AN ANNUAL REPORT CONTAINING A SUMMARY OF THE INFORMATION SPECIFIED IN PARAGRAPH 6 ( B ) OF THIS ARTICLE ; AND
( B ) A BIENNIAL REPORT ON LEGISLATIVE , REGULATORY AND ADMINISTRATIVE MEASURES TAKEN TO ENFORCE THE PROVISIONS OF THE PRESENT CONVENTION .
8 . THE INFORMATION REFERRED TO IN PARAGRAPH 7 OF THIS ARTICLE SHALL BE AVAILABLE TO THE PUBLIC WHERE THIS IS NOT INCONSISTENT WITH THE LAW OF THE PARTY CONCERNED .
ARTICLE IX
MANAGEMENT AND SCIENTIFIC AUTHORITIES
1 . EACH PARTY SHALL DESIGNATE FOR THE PURPOSE OF THE PRESENT CONVENTION :
( A ) ONE OR MORE MANAGEMENT AUTHORITIES COMPETENT TO GRANT PERMITS OR CERTIFICATES ON BEHALF OF THAT PARTY ; AND
( B ) ONE OR MORE SCIENTIFIC AUTHORITIES .
2 . A STATE DEPOSITING AN INSTRUMENT OF RATIFICATION , ACCEPTANCE , APPROVAL OR ACCESSION SHALL AT THAT TIME INFORM THE DEPOSITARY GOVERNMENT OF THE NAME AND ADDRESS OF THE MANAGEMENT AUTHORITY AUTHORIZED TO COMMUNICATE WITH OTHER PARTIES AND WITH THE SECRETARIAT .
3 . ANY CHANGES IN THE DESIGNATIONS OR AUTHORIZATIONS UNDER THE PROVISIONS OF THIS ARTICLE SHALL BE COMMUNICATED BY THE PARTY CONCERNED TO THE SECRETARIAT FOR TRANSMISSION TO ALL OTHER PARTIES .
4 . ANY MANAGEMENT AUTHORITY REFERRED TO IN PARAGRAPH 2 OF THIS ARTICLE SHALL , IF SO REQUESTED BY THE SECRETARIAT OF THE MANAGEMENT AUTHORITY OF ANOTHER PARTY , COMMUNICATE TO IT IMPRESSION OF STAMPS , SEALS OR OTHER DEVICES USED TO AUTHENTICATE PERMITS OR CERTIFICATES .
ARTICLE X
TRADE WITH STATES NOT PARTY TO THE CONVENTION
WHERE EXPORT OR RE-EXPORT IS TO , OR IMPORT IS FROM , A STATE NOT A PARTY TO THE PRESENT CONVENTION , COMPARABLE DOCUMENTATION ISSUED BY THE COMPETENT AUTHORITIES IN THAT STATE WHICH SUBSTANTIALLY CONFORMS WITH THE REQUIREMENTS OF THE PRESENT CONVENTION FOR PERMITS AND CERTIFICATES MAY BE ACCEPTED IN LIEU THEREOF BY ANY PARTY .
ARTICLE XI
CONFERENCE OF THE PARTIES
1 . THE SECRETARIAT SHALL CALL A MEETING OF THE CONFERENCE OF THE PARTIES NOT LATER THAN TWO YEARS AFTER THE ENTRY INTO FORCE OF THE PRESENT CONVENTION .
2 . THEREAFTER THE SECRETARIAT SHALL CONVENE REGULAR MEETINGS AT LEAST ONCE EVERY TWO YEARS , UNLESS THE CONFERENCE DECIDES OTHERWISE , AND EXTRAORDINARY MEETINGS AT ANY TIME ON THE WRITTEN REQUEST OF AT LEAST ONE-THIRD OF THE PARTIES .
3 . AT MEETINGS , WHETHER REGULAR OR EXTRAORDINARY , THE PARTIES SHALL REVIEW THE IMPLEMENTATION OF THE PRESENT CONVENTION AND MAY :
( A ) MAKE SUCH PROVISION AS MAY BE NECESSARY TO ENABLE THE SECRETARIAT TO CARRY OUT ITS DUTIES AND ADOPT FINANCIAL PROVISIONS ( 1 ) ;
( B ) CONSIDER AND ADOPT AMENDEMENTS TO APPENDICES I AND II IN ACCORDANCE WITH ARTICLE XV ;
( C ) REVIEW THE PROGRESS MADE TOWARDS THE RESTORATION AND CONSERVATION OF THE SPECIES INCLUDED IN APPENDICES I , II AND III ;
( D ) RECEIVE AND CONSIDER ANY REPORTS PRESENTED BY THE SECRETARIAT OR BY ANY PARTY ; AND
( E ) WHERE APPROPRIATE , MAKE RECOMMENDATIONS FOR IMPROVING THE EFFECTIVENESS OF THE PRESENT CONVENTION .
4 . AT EACH REGULAR MEETING , THE PARTIES MAY DETERMINE THE TIME AND VENUE OF THE NEXT REGULAR MEETING TO BE HELD IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 2 OF THIS ARTICLE .
5 . AT ANY MEETING , THE PARTIES MAY DETERMINE AND ADOPT RULES OF PROCEDURE FOR THE MEETING .
6 . THE UNITED NATIONS , ITS SPECIALIZED AGENCIES AND THE INTERNATIONAL ATOMIC ENERGY AGENCY , AS WELL AS ANY STATE NOT PARTY TO THE PRESENT CONVENTION , MAY BE REPRESENTED AT MEETINGS OF THE CONFERENCE BY OBSERVERS , WHO SHALL HAVE THE RIGHT TO PARTICIPATE BUT NOT TO VOTE .
7 . ANY BODY OR AGENCY TECHNICALLY QUALIFIED IN PROTECTION , CONSERVATION OR MANAGEMENT OF WILD FAUNA AND FLORA , IN THE FOLLOWING CATEGORIES , WHICH HAS INFORMED THE SECRETARIAT OF ITS DESIRE TO BE REPRESENTED AT MEETINGS OF THE CONFERENCE BY OBSERVERS , SHALL BE ADMITTED UNLESS AT LEAST ONE-THIRD OF THE PARTIES PRESENT OBJECT :
( A ) INTERNATIONAL AGENCIES OR BODIES , EITHER GOVERNMENTAL OR NON-GOVERNMENTAL , AND NATIONAL GOVERNMENTAL AGENCIES AND BODIES ; AND
( B ) NATIONAL NON-GOVERNMENTAL AGENCIES OR BODIES WHICH HAVE BEEN APPROVED FOR THIS PURPOSE BY THE STATE IN WHICH THEY ARE LOCATED .
ONCE ADMITTED , THESE OBSERVERS SHALL HAVE THE RIGHT TO PARTICIPATE BUT NOT TO VOTE .
ARTICLE XII
THE SECRETARIAT
1 . UPON ENTRY INTO FORCE OF THE PRESENT CONVENTION , A SECRETARIAT SHALL BE PROVIDED BY THE EXECUTIVE DIRECTOR OF THE UNITED NATIONS ENVIRONMENT PROGRAMME . TO THE EXTENT AND IN THE MANNER HE CONSIDERS APPROPRIATE , HE MAY BE ASSISTED BY SUITABLE INTER-GOVERNMENTAL OR NON-GOVERNMENTAL INTERNATIONAL OR NATIONAL AGENCIES AND BODIES TECHNICALLY QUALIFIED IN PROTECTION , CONSERVATION AND MANAGEMENT OF WILD FAUNA AND FLORA .
2 . THE FUNCTIONS OF THE SECRETARIAT SHALL BE :
( A ) TO ARRANGE FOR AND SERVICE MEETINGS OF THE PARTIES ;
( B ) TO PERFORM THE FUNCTIONS ENTRUSTED TO IT UNDER THE PROVISIONS OF ARTICLES XV AND XVI OF THE PRESENT CONVENTION ;
( C ) TO UNDERTAKE SCIENTIFIC AND TECHNICAL STUDIES IN ACCORDANCE WITH PROGRAMMES AUTHORIZED BY THE CONFERENCE OF THE PARTIES AS WILL CONTRIBUTE TO THE IMPLEMENTATION OF THE PRESENT CONVENTION , INCLUDING STUDIES CONCERNING STANDARDS FOR APPROPRIATE PREPARATION AND SHIPMENT OF LIVING SPECIMENS AND THE MEANS OF IDENTIFYING SPECIMENS ;
( D ) TO STUDY THE REPORTS OF PARTIES AND TO REQUEST FROM PARTIES SUCH FURTHER INFORMATION WITH RESPECT THERETO AS IT DEEMS NECESSARY TO ENSURE IMPLEMENTATION OF THE PRESENT CONVENTION ;
( E ) TO INVITE THE ATTENTION OF THE PARTIES TO ANY MATTER PERTAINING TO THE AIMS OF THE PRESENT CONVENTION ;
( F ) TO PUBLISH PERIODICALLY AND DISTRIBUTE TO THE PARTIES CURRENT EDITIONS OF APPENDICES I , II AND III TOGETHER WITH ANY INFORMATION WHICH WILL FACILITATE IDENTIFICATION OF SPECIMENS OF SPECIES INCLUDED IN THOSE APPENDICES ;
( G ) TO PREPARE ANNUAL REPORTS TO THE PARTIES ON ITS WORK AND ON THE IMPLEMENTATION OF THE PRESENT CONVENTION AND SUCH OTHER REPORTS AS MEETINGS OF THE PARTIES MAY REQUEST ;
( H ) TO MAKE RECOMMENDATIONS FOR THE IMPLEMENTATION OF THE AIMS AND PROVISIONS OF THE PRESENT CONVENTION , INCLUDING THE EXCHANGE OF INFORMATION , OF A SCIENTIFIC OR TECHNICAL NATURE ;
( I ) TO PERFORM ANY OTHER FUNCTION AS MAY BE ENTRUSTED TO IT BY THE PARTIES .
ARTICLE XIII
INTERNATIONAL MEASURES
1 . WHEN THE SECRETARIAT IN THE LIGHT OF INFORMATION RECEIVED IS SATISFIED THAT ANY SPECIES INCLUDED IN APPENDICES I OR II IS BEING AFFECTED ADVERSELY BY TRADE IN SPECIMENS OF THAT SPECIES , OR THAT THE PROVISIONS OF THE PRESENT CONVENTION ARE NOT BEING EFFECTIVELY IMPLEMENTED , IT SHALL COMMUNICATE SUCH INFORMATION TO THE AUTHORIZED MANAGEMENT AUTHORITY OF THE PARTY OR PARTIES CONCERNED .
2 . WHEN ANY PARTY RECEIVES A COMMUNICATION AS INDICATED IN PARAGRAPH 1 OF THIS ARTICLE , IT SHALL , AS SOON AS POSSIBLE , INFORM THE SECRETARIAT OF ANY RELEVANT FACTS IN SO FAR AS ITS LAWS PERMIT AND , WHERE APPROPRIATE , PROPOSE REMEDIAL ACTION . WHERE THE PARTY CONSIDERS THAT AN INQUIRY IS DESIRABLE , SUCH INQUIRY MAY BE CARRIED OUT BY ONE OR MORE PERSONS EXPRESSLY AUTHORIZED BY THE PARTY .
3 . THE INFORMATION PROVIDED BY THE PARTY OR RESULTING FROM ANY INQUIRY AS SPECIFIED IN PARAGRAPH 2 OF THIS ARTICLE SHALL BE REVIEWED BY THE NEXT CONFERENCE OF THE PARTIES WHICH MAY MAKE WHATEVER RECOMMENDATIONS IT DEEMS APPROPRIATE .
ARTICLE XIV
EFFECT ON DOMESTIC LEGISLATION AND INTERNATIONAL CONVENTIONS
1 . THE PROVISIONS OF THE PRESENT CONVENTION SHALL IN NO WAY AFFECT THE RIGHT OF PARTIES TO ADOPT :
( A ) STRICTER DOMESTIC MEASURES REGARDING THE CONDITIONS FOR TRADE , TAKING POSSESSION OR TRANSPORT OF SPECIMENS OF SPECIES INCLUDED IN APPENDICES I , II AND III , OR THE COMPLETE PROHIBITION THEREOF ; OR
( B ) DOMESTIC MEASURES RESTRICTING OR PROHIBITING TRADE , TAKING POSSESSION , OR TRANSPORT OF SPECIES NOT INCLUDED IN APPENDICES I , II OR III .
2 . THE PROVISIONS OF THE PRESENT CONVENTION SHALL IN NO WAY AFFECT THE PROVISIONS OF ANY DOMESTIC MEASURES OR THE OBLIGATIONS OF PARTIES DERIVING FROM ANY TREATY , CONVENTION , OR INTERNATIONAL AGREEMENT RELATING TO OTHER ASPECTS OF TRADE , TAKING POSSESSION , OR TRANSPORT OF SPECIMENS WHICH IS IN FORCE OR SUBSEQUENTLY MAY ENTER INTO FORCE FOR ANY PARTY INCLUDING ANY MEASURE PERTAINING TO THE CUSTOMS , PUBLIC HEALTH , VETERINARY OR PLANT QUARANTINE FIELDS .
3 . THE PROVISIONS OF THE PRESENT CONVENTION SHALL IN NO WAY AFFECT THE PROVISIONS OF , OR THE OBLIGATIONS DERIVING FROM , ANY TREATY , CONVENTION OR INTERNATIONAL AGREEMENT CONCLUDED OR WHICH MAY BE CONCLUDED BETWEEN STATES CREATING A UNION OR REGIONAL TRADE AGREEMENT ESTABLISHING OR MAINTAINING A COMMON EXTERNAL CUSTOMS CONTROL AND REMOVING CUSTOMS CONTROL BETWEEN THE PARTIES THERETO IN SO FAR AS THEY RELATE TO TRADE AMONG THE STATES MEMBERS OF THAT UNION AGREEMENT .
4 . A STATE PARTY TO THE PRESENT CONVENTION , WHICH IS ALSO A PARTY TO ANY OTHER TREATY , CONVENTION OR INTERNATIONAL AGREEMENT WHICH IS IN FORCE AT THE TIME OF THE COMING INTO FORCE OF THE PRESENT CONVENTION AND UNDER THE PROVISIONS OF WHICH PROTECTION IS AFFORDED TO MARINE SPECIES INCLUDED IN APPENDIX II , SHALL BE RELIEVED OF THE OBLIGATION IMPOSED ON IT UNDER THE PROVISIONS OF THE PRESENT CONVENTION WITH RESPECT TO TRADE IN SPECIMENS OF SPECIES INCLUDED IN APPENDIX II THAT ARE TAKEN BY SHIPS REGISTERED IN THAT STATE AND IN ACCORDANCE WITH THE PROVISIONS OF SUCH OTHER TREATY , CONVENTION OR INTERNATIONAL AGREEMENT .
5 . NOTWITHSTANDING THE PROVISIONS OF ARTICLES III , IV AND V , ANY EXPORT OF A SPECIMEN TAKEN IN ACCORDANCE WITH PARAGRAPH 4 OF THIS ARTICLE SHALL ONLY REQUIRE A CERTIFICATE FROM A MANAGEMENT AUTHORITY OF THE STATE OF INTRODUCTION TO THE EFFECT THAT THE SPECIMEN WAS TAKEN IN ACCORDANCE WITH THE PROVISIONS OF THE OTHER TREATY , CONVENTION OR INTERNATIONAL AGREEMENT IN QUESTION .
6 . NOTHING IN THE PRESENT CONVENTION SHALL PREJUDICE THE CODIFICATION AND DEVELOPMENT OF THE LAW OF THE SEA BY THE UNITED NATIONS CONFERENCE ON THE LAW OF THE SEA CONVENED PURSUANT TO RESOLUTION 2750 C ( XXV ) OF THE GENERAL ASSEMBLY OF THE UNITED NATIONS NOR THE PRESENT OR FUTURE CLAIMS AND LEGAL VIEWS OF ANY STATE CONCERNING THE LAW OF THE SEA AND THE NATURE AND EXTENT OF COASTAL AND FLAG STATE JURISDICTION .
ARTICLE XV
AMENDMENTS TO APPENDICES I AND II
1 . THE FOLLOWING PROVISIONS SHALL APPLY IN RELATION TO AMENDMENTS TO APPENDICES I AND II AT MEETINGS OF THE CONFERENCE OF THE PARTIES :
( A ) ANY PARTY MAY PROPOSE AN AMENDMENT TO APPENDIX I OR II FOR CONSIDERATION AT THE NEXT MEETING . THE TEXT OF THE PROPOSED AMENDMENTS SHALL BE COMMUNICATED TO THE SECRETARIAT AT LEAST 150 DAYS BEFORE THE MEETING . THE SECRETARIAT SHALL CONSULT THE OTHER PARTIES AND INTERESTED BODIES ON THE AMENDMENT IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 2 ( B ) AND ( C ) OF THIS ARTICLE AND SHALL COMMUNICATE THE RESPONSE TO ALL PARTIES NOT LATER THAN 30 DAYS BEFORE THE MEETING .
( B ) AMENDMENTS SHALL BE ADOPTED BY A TWO-THIRDS MAJORITY OF PARTIES PRESENT AND VOTING . FOR THESE PURPOSES " PARTIES PRESENT AND VOTING " MEANS PARTIES PRESENT AND CASTING AN AFFIRMATIVE OR NEGATIVE VOTE . PARTIES ABSTAINING FROM VOTING SHALL NOT BE COUNTED AMONG THE TWO-THIRDS REQUIRED FOR ADOPTING AN AMENDMENT .
( C ) AMENDMENTS ADOPTED AT A MEETING SHALL ENTER INTO FORCE 90 DAYS AFTER THAT MEETING FOR ALL PARTIES EXCEPT THOSE WHICH MAKE A RESERVATION IN ACCORDANCE WITH PARAGRAPH 3 OF THIS ARTICLE .
2 . THE FOLLOWING PROVISIONS SHALL APPLY IN RELATION TO AMENDMENTS TO APPENDICES I AND II BETWEEN MEETINGS OF THE CONFERENCE OF THE PARTIES :
( A ) ANY PARTY MAY PROPOSE AN AMENDMENT TO APPENDIX I OR II FOR CONSIDERATION BETWEEN MEETINGS BY THE POSTAL PROCEDURES SET FORTH IN THIS PARAGRAPH .
( B ) FOR MARINE SPECIES , THE SECRETARIAT SHALL , UPON RECEIVING THE TEXT OF THE PROPOSED AMENDMENT , IMMEDIATELY COMMUNICATE IT TO THE PARTIES . IT SHALL ALSO CONSULT INTER-GOVERNMENTAL BODIES HAVING A FUNCTION IN RELATION TO THOSE SPECIES ESPECIALLY WITH A VIEW TO OBTAINING SCIENTIFIC DATA THESE BODIES MAY BE ABLE TO PROVIDE AND TO ENSURING COORDINATION WITH ANY CONSERVATION MEASURES ENFORCED BY SUCH BODIES . THE SECRETARIAT SHALL COMMUNICATE THE VIEWS EXPRESSED AND DATE PROVIDED BY THESE BODIES AND ITS OWN FINDINGS AND RECOMMENDATIONS TO THE PARTIES AS SOON AS POSSIBLE .
( C ) FOR SPECIES OTHER THAN MARINE SPECIES , THE SECRETARIAT SHALL , UPON RECEIVING THE TEXT OF THE PROPOSED AMENDMENT , IMMEDIATELY COMMUNICATE IT TO THE PARTIES AND , AS SOON AS POSSIBLE THEREAFTER , ITS OWN RECOMMENDATIONS .
( D ) ANY PARTY MAY , WITHIN 60 DAYS OF THE DATE ON WHICH THE SECRETARIAT COMMUNICATED ITS RECOMMENDATIONS TO THE PARTIES , UNDER SUBPARAGRAPH ( B ) OR ( C ) OF THIS PARAGRAPH , TRANSMIT TO THE SECRETARIAT ANY COMMENTS ON THE PROPOSED AMENDMENT TOGETHER WITH ANY RELEVANT SCIENTIFIC DATA AND INFORMATION .
( E ) THE SECRETARIAT SHALL COMMUNICATE THE REPLIES RECEIVED TOGETHER WITH ITS OWN RECOMMENDATIONS TO THE PARTIES AS SOON AS POSSIBLE .
( F ) IF NO OBJECTION TO THE PROPOSED AMENDMENT IS RECEIVED BY THE SECRETARIAT WITHIN 30 DAYS OF THE DATE THE REPLIES AND RECOMMENDATIONS WERE COMMUNICATED UNDER THE PROVISIONS OF SUBPARAGRAPH ( E ) OF THIS PARAGRAPH , THE AMENDMENT SHALL ENTER INTO FORCE 90 DAYS LATER FOR ALL PARTIES EXCEPT THOSE WHICH MAKE A RESERVATION IN ACCORDANCE WITH PARAGRAPH 3 OF THIS ARTICLE .
( G ) IF AN OBJECTION BY ANY PARTY IS RECEIVED BY THE SECRETARIAT , THE PROPOSED AMENDMENT SHALL BE SUBMITTED TO A POSTAL VOTE IN ACCORDANCE WITH THE PROVISIONS OF SUBPARAGRAPHS ( H ) , ( I ) AND ( J ) OF THIS PARAGRAPH .
( H ) THE SECRETARIAT SHALL NOTIFY THE PARTIES THAT NOTIFICATION OF OBJECTION HAS BEEN RECEIVED .
( I ) UNLESS THE SECRETARIAT RECEIVES THE VOTES FOR , AGAINST OR IN ABSTENTION FROM AT LEAST ONE-HALF OF THE PARTIES WITHIN 60 DAYS OF THE DATE OF NOTIFICATION UNDER SUBPARAGRAPH ( H ) OF THIS PARAGRAPH , THE PROPOSED AMENDMENT SHALL BE REFERRED TO THE NEXT MEETING OF THE CONFERENCE FOR FURTHER CONSIDERATION .
( J ) PROVIDED THAT VOTES ARE RECEIVED FROM ONE-HALF OF THE PARTIES , THE AMENDMENT SHALL BE ADOPTED BY A TWO-THIRDS MAJORITY OF PARTIES CASTING AN AFFIRMATIVE OR NEGATIVE VOTE .
( K ) THE SECRETARIAT SHALL NOTIFY ALL PARTIES OF THE RESULT OF THE VOTE .
( L ) IF THE PROPOSED AMENDMENT IS ADOPTED IT SHALL ENTER INTO FORCE 90 DAYS AFTER THE DATE OF THE NOTIFICATION BY THE SECRETARIAT OF ITS ACCEPTANCE FOR ALL PARTIES EXCEPT THOSE WHICH MAKE A RESERVATION IN ACCORDANCE WITH PARAGRAPH 3 OF THIS ARTICLE .
3 . DURING THE PERIOD OF 90 DAYS PROVIDED FOR IN PARAGRAPH 1 ( C ) OR 2 ( L ) OF THIS ARTICLE , ANY PARTY MAY , BY NOTIFICATION IN WRITING TO THE DEPOSITARY GOVERNMENT , MAKE A RESERVATION WITH RESPECT TO THE AMENDMENT . UNTIL SUCH RESERVATION IS WITHDRAWN , THE PARTY SHALL BE TREATED AS A STATE NOT PARTY TO THE PRESENT CONVENTION WITH RESPECT TO TRADE IN SPECIES CONCERNED .
ARTICLE XVI
APPENDIX III AND AMENDMENTS THERETO
1 . ANY PARTY MAY AT ANY TIME SUBMIT TO THE SECRETARIAT A LIST OF SPECIES WHICH IT IDENTIFIES AS BEING SUBJECT TO REGULATION WITHIN ITS JURISDICTION FOR THE PURPOSE MENTIONED IN ARTICLE II ( 3 ) . APPENDIX III SHALL INCLUDE THE NAMES OF THE PARTIES SUBMITTING THE SPECIES FOR INCLUSION THEREIN , THE SCIENTIFIC NAMES OF THE SPECIES SO SUBMITTED , AND ANY PARTS OR DERIVATIVES OF THE ANIMALS OR PLANTS CONCERNED THAT ARE SPECIFIED IN RELATION TO THE SPECIES FOR THE PURPOSES OF ARTICLE I ( B ) .
2 . EACH LIST SUBMITTED UNDER THE PROVISIONS OF PARAGRAPH 1 OF THIS ARTICLE SHALL BE COMMUNICATED TO THE PARTIES BY THE SECRETARIAT AS SOON AS POSSIBLE AFTER RECEIVING IT . THE LIST SHALL TAKE EFFECT AS PART OF APPENDIX III 90 DAYS AFTER THE DATE OF SUCH COMMUNICATION . AT ANY TIME AFTER THE COMMUNICATION OF SUCH LIST , ANY PARTY MAY BY NOTIFICATION IN WRITING TO THE DEPOSITARY GOVERNMENT ENTER A RESERVATION WITH RESPECT TO ANY SPECIES OR ANY PARTS OR DERIVATIVES , AND UNTIL SUCH RESERVATION IS WITHDRAWN , THE STATE SHALL BE TREATED AS A STATE NOT PARTY TO THE PRESENT CONVENTION WITH RESPECT TO TRADE IN THE SPECIES OR PART OR DERIVATIVE CONCERNED .
3 . A PARTY WHICH HAS SUBMITTED A SPECIES FOR INCLUSION IN APPENDIX III MAY WITHDRAW IT AT ANY TIME BY NOTIFICATION TO THE SECRETARIAT WHICH SHALL COMMUNICATE THE WITHDRAWAL TO ALL PARTIES . THE WITHDRAWAL SHALL TAKE EFFECT 30 DAYS AFTER THE DATE OF SUCH COMMUNICATION .
4 . ANY PARTY SUBMITTING A LIST UNDER THE PROVISIONS OF PARAGRAPH 1 OF THIS ARTICLE SHALL SUBMIT TO THE SECRETARIAT A COPY OF ALL DOMESTIC LAWS AND REGULATIONS APPLICABLE TO THE PROTECTION OF SUCH SPECIES , TOGETHER WITH ANY INTERPRETATIONS WHICH THE PARTY MAY DEEM APPROPRIATE OR THE SECRETARIAT MAY REQUEST . THE PARTY SHALL , FOR AS LONG AS THE SPECIES IN QUESTION IS INCLUDED IN APPENDIX III , SUBMIT ANY AMENDMENT OF SUCH LAWS AND REGULATIONS OR ANY NEW INTERPRETATIONS AS THEY ARE ADOPTED .
ARTICLE XVII
AMENDMENT TO THE CONVENTION
1 . AN EXTRAORDINARY MEETING OF THE CONFERENCE OF THE PARTIES SHALL BE CONVENED BY THE SECRETARIAT ON THE WRITTEN REQUEST OF AT LEAST ONE-THIRD OF THE PARTIES TO CONSIDER AND ADOPT AMENDMENTS TO THE PRESENT CONVENTION . SUCH AMENDMENTS SHALL BE ADOPTED BY A TWO-THIRDS MAJORITY OF PARTIES PRESENT AND VOTING . FOR THESE PURPOSES " PARTIES PRESENT AND VOTING " MEANS PARTIES PRESENT AND CASTING AN AFFIRMATIVE OR NEGATIVE VOTE . PARTIES ABSTAINING FROM VOTING SHALL NOT BE COUNTED AMONG THE TWO-THIRDS REQUIRED FOR ADOPTING AN AMENDMENT .
2 . THE TEXT OF ANY PROPOSED AMENDMENT SHALL BE COMMUNICATED BY THE SECRETARIAT TO ALL PARTIES AT LEAST 90 DAYS BEFORE THE MEETING .
3 . AN AMENDMENT SHALL ENTER INTO FORCE FOR THE PARTIES WHICH HAVE ACCEPTED IT 60 DAYS AFTER TWO-THIRDS OF THE PARTIES HAVE DEPOSITED AN INSTRUMENT OF ACCEPTANCE OF THE AMENDMENT WITH THE DEPOSITARY GOVERNMENT . THEREAFTER , THE AMENDMENT SHALL ENTER INTO FORCE FOR ANY OTHER PARTY 60 DAYS AFTER THAT PARTY DEPOSITS ITS INSTRUMENT OF ACCEPTANCE OF THE AMENDMENT .
ARTICLE XVIII
RESOLUTION OF DISPUTES
1 . ANY DISPUTE WHICH MAY ARISE BETWEEN TWO OR MORE PARTIES , WITH RESPECT TO THE INTERPRETATION OR APPLICATION OF THE PROVISIONS OF THE PRESENT CONVENTION , SHALL BE SUBJECT TO NEGOTIATION BETWEEN THE PARTIES INVOLVED IN THE DISPUTE .
2 . IF THE DISPUTE CANNOT BE RESOLVED IN ACCORDANCE WITH PARAGRAPH 1 OF THIS ARTICLE , THE PARTIES MAY , BY MUTUAL CONSENT , SUBMIT THE DISPUTE TO ARBITRATION , IN PARTICULAR THAT OF THE PERMANENT COURT OF ARBITRATION AT THE HAGUE AND THE PARTIES SUBMITTING THE DISPUTE SHALL BE BOUND BY THE ARBITRAL DECISION .
ARTICLE XIX
SIGNATURE
THE PRESENT CONVENTION SHALL BE OPEN FOR SIGNATURE AT WASHINGTON UNTIL 30 APRIL 1973 AND THEREAFTER AT BERNE UNTIL 31 DECEMBER 1974 .
ARTICLE XX
RATIFICATION , ACCEPTANCE , APPROVAL
THE PRESENT CONVENTION SHALL BE SUBJECT TO RATIFICATION , ACCEPTANCE OR APPROVAL . INSTRUMENTS OF RATIFICATION , ACCEPTANCE OR APPROVAL SHALL BE DEPOSITED WITH THE GOVERNMENT OF THE SWISS CONFEDERATION WHICH SHALL BE THE DEPOSITARY GOVERNMENT .
ARTICLE XXI
ACCESSION
THE PRESENT CONVENTION SHALL BE OPEN INDEFINITELY FOR ACCESSION . INSTRUMENTS OF ACCESSION SHALL BE DEPOSITED WITH THE DEPOSITARY GOVERNMENT .
ARTICLE XXII
ENTRY INTO FORCE
1 . THE PRESENT CONVENTION SHALL ENTER INTO FORCE 90 DAYS AFTER THE DATE OF DEPOSIT OF THE 10TH INSTRUMENT OF RATIFICATION , ACCEPTANCE , APPROVAL OR ACCESSION , WITH THE DEPOSITARY GOVERNMENT .
2 . FOR EACH STATE WHICH RATIFIES , ACCEPTS OR APPROVES THE PRESENT CONVENTION OR ACCEDES THERETO AFTER THE DEPOSIT OF THE 10TH INSTRUMENT OF RATIFICATION , ACCEPTANCE , APPROVAL OR ACCESSION , THE PRESENT CONVENTION SHALL ENTER INTO FORCE 90 DAYS AFTER THE DEPOSIT BY SUCH STATE OF ITS INSTRUMENT OF RATIFICATION , ACCEPTANCE , APPROVAL OR ACCESSION .
ARTICLE XXIII
RESERVATIONS
1 . THE PROVISIONS OF THE PRESENT CONVENTION SHALL NOT BE SUBJECT TO GENERAL RESERVATIONS . SPECIFIC RESERVATIONS MAY BE ENTERED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE AND ARTICLES XV AND XVI .
2 . ANY STATE MAY , ON DEPOSITING ITS INSTRUMENT OF RATIFICATION , ACCEPTANCE , APPROVAL OR ACCESSION , ENTER A SPECIFIC RESERVATION WITH REGARD TO :
( A ) ANY SPECIES INCLUDED IN APPENDIX I , II OR III ; OR
( B ) ANY PARTS OR DERIVATIVES SPECIFIED IN RELATION TO A SPECIES CONCLUDED IN APPENDIX III .
3 . UNTIL A PARTY WITHDRAWS ITS RESERVATION ENTERED UNDER THE PROVISIONS OF THIS ARTICLE , IT SHALL BE TREATED AS A STATE NOT A PARTY TO THE PRESENT CONVENTION WITH RESPECT TO TRADE IN THE PARTICULAR SPECIES OR PARTS OR DERIVATIVES SPECIFIED IN SUCH RESERVATION .
ARTICLE XXIV
DENUNCIATION
ANY PARTY MAY DENOUNCE THE PRESENT CONVENTION BY WRITTEN NOTIFICATION TO THE DEPOSITARY GOVERNMENT AT ANY TIME . THE DENUNCIATION SHALL TAKE EFFECT 12 MONTHS AFTER THE DEPOSITARY GOVERNMENT HAS RECEIVED THE NOTIFICATION .
ARTICLE XXV
DEPOSITARY
1 . THE ORIGINAL OF THE PRESENT CONVENTION , IN THE CHINESE , ENGLISH , FRENCH , RUSSIAN AND SPANISH LANGUAGES , EACH VERSION BEING EQUALLY AUTHENTIC , SHALL BE DEPOSITED WITH THE DEPOSITARY GOVERNMENT , WHICH SHALL TRANSMIT CERTIFIED COPIES THEREOF TO ALL STATES THAT HAVE SIGNED IT OR DEPOSITED INSTRUMENTS OF ACCESSION TO IT .
2 . THE DEPOSITARY GOVERNMENT SHALL INFORM ALL SIGNATORY AND ACCEDING STATES AND THE SECRETARIAT OF SIGNATURES , DEPOSIT OF INSTRUMENTS OF RATIFICATION , ACCEPTANCE , APPROVAL OR ACCESSION , ENTRY INTO FORCE OF THE PRESENT CONVENTION , AMENDMENTS THERETO , ENTRY AND WITHDRAWAL OF RESERVATIONS AND NOTIFICATIONS OF DENUNCIATION .
3 . AS SOON AS THE PRESENT CONVENTION ENTERS INTO FORCE , A CERTIFIED COPY THEREOF SHALL BE TRANSMITTED BY THE DEPOSITARY GOVERNMENT TO THE SECRETARIAT OF THE UNITED NATIONS FOR REGISTRATION AND PUBLICATION IN ACCORDANCE WITH ARTICLE 102 OF THE CHARTER OF THE UNITED NATIONS .
IN WITNESS WHEREOF , THE UNDERSIGNED PLENIPOTENTIARIES , BEING DULY AUTHORIZED TO THAT EFFECT , HAVE SIGNED THE PRESENT CONVENTION .
DONE AT WASHINGTON THIS THIRD DAY OF MARCH , ONE THOUSAND NINE HUNDRED AND SEVENTY-THREE .
( 1 ) THE TEXT IN ITALICS HAS NOT YET ENTERED INTO FORCE NOR HAS IT BEEN RATIFIED BY THE MEMBER STATES .
APPENDICES I AND II ( 1 ) ( 2 )
INTERPRETATION
1 . SPECIES INCLUDED IN THESE APPENDICES ARE REFERRED TO :
( A ) BY THE NAME OF THE SPECIES ; OR
( B ) AS BEING ALL OF THE SPECIES INCLUDED IN A HIGHER TAXON OR DESIGNATED PART THEREOF .
2 . THE ABBREVIATION " SPP . " IS USED TO DENOTE ALL SPECIES OF A HIGHER TAXON .
3 . OTHER REFERENCES TO TAXA HIGHER THAN SPECIES ARE FOR THE PURPOSES OF INFORMATION OR CLASSIFICATION ONLY .
4 . THE ABBREVIATION " P.E . " IS USED TO DENOTE SPECIES WHICH ARE POSSIBLY EXTINCT .
5 . AN ASTERISK (*) PLACED AGAINST THE NAME OF A SPECIES OR HIGHER TAXON INDICATES THAT ONE OR MORE GEOGRAPHICALLY SEPARATE POPULATIONS , SUB-SPECIES OR SPECIES , OF THAT SPECIES OR TAXON , ARE INCLUDED IN APPENDIX I AND THAT THESE POPULATIONS , SUB-SPECIES OR SPECIES ARE EXCLUDED FROM APPENDIX II .
6 . TWO ASTERISKS (**) PLACED AGAINST THE NAME OF A SPECIES OR HIGHER TAXON INDICATE THAT ONE OR MORE GEOGRAPHICALLY SEPARATE POPULATIONS , SUB-SPECIES OR SPECIES OF THAT SPECIES OR TAXON ARE INCLUDED IN APPENDIX II AND THAT THESE POPULATIONS , SUB-SPECIES OR SPECIES ARE EXCLUDED FROM APPENDIX I .
7 . THE SYMBOL " + " FOLLOWED BY A NUMBER PLACED AGAINST THE NAME OF A SPECIES OR HIGHER TAXON DENOTES THAT ONLY DESIGNATED GEOGRAPHICALLY SEPARATE POPULATIONS , SUB-SPECIES OR SPECIES OF THAT SPECIES OR TAXON ARE INCLUDED IN THE APPENDIX CONCERNED , AS FOLLOWS :
+ 201 POPULATION OF SOUTH AMERICA .
+ 202 POPULATION OF BHUTAN , INDIA , NEPAL AND PAKISTAN .
+ 203 ITALIAN POPULATION .
+ 204 ALL NORTH AMERICAN SUB-SPECIES .
+ 205 ASIAN POPULATION .
+ 206 INDIAN POPULATION .
+ 207 AUSTRALIAN POPULATION .
+ 208 HIMALYAN POPULATION .
+ 209 ALL NEW ZEALAND SPECIES .
+ 210 POPULATION OF CHILE .
+ 211 ALL SPECIES OF THE FAMILY IN THE AMERICAS .
+ 212 AUSTRALIAN POPULATION .
8 . THE SYMBOL " - " FOLLOWED BY A NUMBER PLACED AGAINST THE NAME OF A SPECIES OR HIGHER TAXON DENOTES THAT DESIGNATED GEOGRAPHICALLY SEPARATE POPULATIONS , SUB-SPECIES , SPECIES , GROUPS OF SPECIES OR FAMILIES OF THAT SPECIES OR TAXON ARE EXCLUDED FROM THE APPENDIX CONCERNED , AS FOLLOWS :
- 101 POPULATION OF BHUTAN , INDIA , NEPAL AND PAKISTAN .
- 102 PANTHERA TIGRIS ALTAICA ( = AMURENSIS ) .
- 103 AUSTRALIAN POPULATION .
- 104 CATHARTIDAE .
- 105 POPULATION OF NORTH AMERICA , EXCEPT GREENLAND .
- 106 POPULATION OF THE UNITED STATES OF AMERICA .
- 107 MELOPSITTACUS UNDULATUS , NYMPHICUS HOLLANDICUS AND PSITTACULA KRAMERI .
- 108 POPULATION OF PAPUA NEW GUINEA .
- 109 POPULATION OF CHILE .
- 110 ALL SPECIES WHICH ARE NOT SUCCULENT .
9 . THE SYMBOL " > " FOLLOWED BY A NUMBER PLACED AGAINST THE NAME OF A SPECIES OF HIGHER TAXON DESIGNATES PARTS OR DERIVATIVES WHICH ARE SPECIFIED IN RELATION THERETO FOR THE PURPOSES OF THE CONVENTION AS FOLLOWS :
> 1 DESIGNATES ROOTS .
> 2 DESIGNATES TIMBER .
> 3 DESIGNATES TRUNKS .
*APPENDIX I*APPENDIX II*
FAUNA
ANIMALS
MAMMALIA
MAMMALS
MONOTREMATA***
MONOTREMES***
TACHYGLOSSIDAE***
ECHIDNAS OR SPINY ANT-EATERS***
**ZAGLOSSUS SPP . ( C 2 ) *
**ALL LONG-NOSED ECHIDNAS ( NEW GUINEA ECHIDNAS ) , INCLUDING EGG-LAYING ANT-EATERS OR LONG-SNOUTED ECHIDNAS*
MARSUPIALIA***
MARSUPIALS***
MACROPODIDAE***
WALLABIES AND KANGAROOS***
*BETTONGIA SPP .**
*ALL RAT-KANGAROOS OR BETTONGS**
*CALOPRYMNUS CAMPESTRIS P.E .**
*DESERT RAT-KANGAROO OR PLAINS RAT-KANGAROO OR BLUFF-NOSED RAT-KANGAROO**
**DENDROLAGUS BENNETTIANUS ( C 2 ) *
**BENNETT'S TREE KANGAROO OR DUSTY TREE KANGAROO OR TCHARIBBEENA*
**DENDROLAGUS LUMHOLTZI ( C 2 ) *
**LUMHOLTZ'S TREE KANGAROO OR BOONGARY*
**DENDROLAGUS INUSTUS ( C 2 ) *
**GRIZZLED GREY TREE KANGAROO*
**DENDROLAGUS URSINUS ( C 2 ) *
**BLACK TREE KANGAROO*
*LAGORCHESTES HIRSUTUS**
*WESTERN HARE-WALLABY OR WURRUP OR ORMALA**
*LAGOSTROPHUS FASCIATUS**
*BANDED HARE-WALLABY OR MUNNING**
*ONYCHOGALEA FRENATA**
*BRIDLE NAIL-TAILED WALLABY OR MERRIN OR BRIDLED WALLABY**
*ONYCHOGALEA LUNATA**
*CRESCENT NAIL-TAILED WALLABY OR WURRUNG**
PHALANGERIDAE***
PHALANGERS AND CUSCUSES***
**PHALANGER MACULATUS*
**SPOTTED CUSCUS OR SPOTTED PHALANGER*
**PHALANGER ORIENTALIS*
GREY CUSCUS*
BURRAMYIDAE***
PYGMY POSSUMS***
**BURRAMYS PARVUS*
**MOUNTAIN PYGMY POSSUM OR BURRAMYS OR BROOM'S PIGMY POSSUM*
*APPENDIX I*APPENDIX II*
VOMBATIDAE***
WOMBATS***
*LASIORHINUS KREFFTII**
*QUEENSLAND HAIRY-NOSED WOMBAT**
PERAMELIDAE***
BANDICOOTS***
*CHAEROPUS ECAUDATUS P.E .**
*PIG-FOOTED BANDICOT**
*MACROTIS LAGOTIS**
*RABBIT BANDICOOT OR BILBY OR DALGITE OR RABBIT-EARED BANDICOOT**
*MACROTIS LEUCURA**
*WHITE-TAILED RABBIT BANDICOOT OR LESSER RABBIT(-EARED ) BANDICOOT OR YALLARA OR LESSER BILBY**
*PERAMELES BOUGAINVILLE**
* ( WESTERN ) BARRED BANDICOOT OR ( LITTLE ) MARL**
DASYURIDAE***
MARSUPIAL MICE***
*SMINTHOPSIS LONGICAUDATA**
*LONG-TAILED DUNNART OR LONG-TAILED MARSUPIAL-MOUSE OR LONG-TAILED SMINTHOPSIS**
*SMINTHOPSIS PSAMMOPHILA**
*SANDHILL DUNNART OR SANDHILL SMINTHOPSIS OR LARGE DESERT MARSUPIAL-MOUSE**
THYLACINIDAE***
THYLACINES***
*THYLACINUS CYNOCEPHALUS P.E .**
*TASMANIAN WOLF OR THYLACINE OR TASMANIAN TIGER**
INSECTIVORA***
INSECTIVORES***
ERINACEIDAE***
HEDGEHOGS AND GYMNURES***
**ERINACEUS FRONTALIS*
**CAPE HEDGEHOG OR SOUTHERN AFRICAN HEDGEHOG*
PRIMATES***
PRIMATES***
**PRIMATES SPP . (*) ( C 2 ) *
**ALL PRIMATES*
LEMURIDAE***
LEMURS***
*ALLOCEBUS SPP .**
*ALL HAIRY-EARED DWARF LEMURS**
*CHEIROGALEUS SPP .**
*ALL FAT-TAILED DWARF LEMURS**
*HAPALEMUR SPP .**
*ALL GENTLE LEMURS**
*LEMUR SPP .**
*ALL LEMURS**
*LEPILEMUR SPP .**
*ALL SPORTIVE AND WEASEL LEMURS**
*MICROCEBUS SPP .**
*ALL MOUSE LEMURS**
*PHANER SPP .**
*ALL FORK-MARKED MOUSE LEMURS**
INDRIIDAE***
INDRIS , SIFAKAS AND AVAHIS***
*AVAHI SPP .**
*ALL AVAHIS OR WOOLLY INDRIS OR WOOLLY LEMURS
AVAHIS**
*INDRI SPP .**
*ALL INDRIS**
*PROPITHECUS SPP .**
*ALL SIFAKAS**
DAUBENTONIIDAE***
AYE-AYES***
*DAUBENTONIA MADAGASCARIENSIS**
*AYE-AYE**
CALLITHRICIDAE***
TAMARINS AND MARMOSETS***
*CALLIMICO GOELDII**
*GOELDI'S MARMOSET OR GOELDI'S TAMARIN**
*CALLITHRIX AURITA**
*WHITE-EARED MARMOSET**
*CALLITHRIX FLAVICEPS**
*BUFF-HEADED MARMOSET**
*APPENDIX I*APPENDIX II*
CALLITHRICIDAE***
*LEONTOPITHECUS ( = LEONTIDEUS ) SPP .**
*GOLDEN ( LION ) TAMARINS OR GOLDEN MARMOSETS OR MANED TAMARINS**
*SAGUINUS BICOLOR**
*PIED OR BARE-FACED TAMARIN**
*SAGUINUS LEUCOPUS**
*WHITE-FOOTED TAMARIN**
*SAGUINUS OEDIPUS ( GEOFFROYI ) **
*COTTON-HEADED TAMARIN OR COTTON-TOP MARMOSET OR PINCHE MARMOSET OR LISZT MONKEY OR COTTON-TOP TAMARIN ( GEOFFROY TAMARIN INCLUDED ) **
CEBIDAE***
NEW WORLD MONKEYS***
*ALOUATTA PALLIATA ( VILLOSA ) **
*MANTLED HOWLER AND GUATEMALAN HOWLER**
*ATELES GEOFFROYI FRONTATUS**
*BLACK-BROWED SPIDER MONKEY**
*ATELES GEOFFROYI PANAMENSIS**
*RED ( BELLIED ) SPIDER MONKEY OR PANAMA SPIDER MONKEY**
*BRACHYTELES ARACHNOIDES**
*WOOLLY SPIDER MONKEY**
*CACAJAO SPP .**
*ALL UAKARIS**
*CHIROPOTES ALBINASUS**
*WHITE-NOSED SAKI**
*SAIMIRI OERSTEDII**
*RED-BACKED SQUIRREL MONKEY OR CENTRAL AMERICAN SQUIRREL MONKEY**
CERCOPITHECIDAE***
OLD WORLD MONKEYS***
*CERCOCEBUS GALERITUS GALERITUS**
*TANA RIVER MANGABEY ( MONKEY ) **
*CERCOPITHECUS DIANA**
* ( ROLOWAY ) DIANA MONKEY ( ROLOWAY MONKEY INCLUDED ) **
*COLOBUS BADIUS KIRKII**
*KIRK'S OR ZANZIBAR RED COLOBUS**
*COLOBUS BADIUS RUFOMITRATUS**
*TANA RIVER RED COLOBUS**
*MACACA SILENUS**
*LION-TAILED MACAQUE OR WANDEROO**
*NASALIS LARVATUS**
*PROBOSCIS MONKEY**
*PAPIO ( = MANDRILLUS ) LEUCOPHAENS**
*DRILL**
*PAPIO ( = MANDRILLUS ) SPHINX**
*MANDRILL**
*PRESBYTIS ENTELLUS**
*ENTELLUS , TRUE , HANUMAN OR COMMON LANGUR**
*PRESBYTIS GEEI**
*GOLDEN LANGUR**
*PRESBYTIS PILEATUS**
*CAPPED LANGUR OR CAPPED MONKEY OR BONNETED LANGUR**
*PRESBYTIS POTENZIANI**
*MENTAWAI LEAF MONKEY OR LONG-TAILED LANGUR**
*PYGATHRIX NEMAEUS**
*DOUC LANGUR**
*SIMIAS CONCOLOR**
*MENTAWI ISLANDS SNUB-NOSED OR PIG-TAILED LANGUR OR PAGI ISLAND LANGUR**
*APPENDIX I*APPENDIX II*
HYLOBATIDAE***
GIBBONS***
*HYLOBATES SPP .**
*ALL GIBBONS**
*SYMPHALANGUS SYNDACTYLUS**
*SIAMANG**
PONGIDAE***
GREAT APES***
*PONGIDAE SPP .**
*ALL GREAT APES ( GORILLA , ORANG-UTAN AND CHIMPANZEES ) **
EDENTATA***
EDENTATES***
MYRMECOPHAGIDAE***
ANT-EATERS***
**MYRMECOPHAGA TRIDACTYLA ( C 1 ) *
GIANT ANT-EATER*
**TAMANDUA TETRADACTYLA CHAPADENSIS ( C 1 ) *
**MATO GROSSO TAMANDUA OR MATO GROSSO COLLARED ANT-EATER*
BRADYPODIDAE***
SLOTHS***
**BRADYPUS BOLIVIENSIS*
**BOLIVIAN THREE-TOED SLOTH*
DASYPODIDAE***
ARMADILLOS***
*PRIODONTES GIGANTEUS ( = MAXIMUS ) **
*GIANT ARMADILLO**
PHOLIDOTA***
PANGOLINS OR SCALY ANT-EATERS***
MANIDAE***
PANGOLINS***
**MANIS CRASSICAUDATA ( C 1 ) *
**INDIAN PANGOLIN*
**MANIS JAVANICA ( C 1 ) *
**MALAYAN PANGOLIN*
**MANIS PENTADACTYLA ( C 1 ) *
**CHINESE PANGOLIN*
*MANIS TEMMINCKI**
*SOUTH-AFRICAN OR CAPE PANGOLIN OR SCALY ANT-EATER**
LAGOMORPHA***
LAGOMORPHS ( DOUBLE-TOOTHED RODENTS ) ***
LEPORIDAE***
RABBITS AND HARES***
*CAPROLAGUS HISPIDUS**
*ASSAM RABBIT OR HISPID HARE**
**NESOLAGUS NETSCHERI*
**SUMATRA ( SHORT-EARED ) RABBIT*
*ROMEROLAGUS DIAZI**
*VOLCANO RABBIT**
RODENTIA***
RODENTS***
SCIURIDAE***
SQUIRRELS AND MARMOTS***
*CYNOMYS MEXICANUS**
*MEXICAN PRAIRIE DOG OR MEXICAN PRAIRIE MARMOT**
**LARISCUS HOSEI*
**FOUR-STRIPED GROUND SQUIRREL*
**RATUFA SPP . ( C 1 ) *
**ALL GIANT SQUIRRELS*
HETEROMYIDAE***
POCKET MICE AND KANGAROO MICE***
**DIPODOMYS PHILLIPSII PHILLIPSII*
**PHILLIPS'S KANGAROO RAT*
MURIDAE***
RATS AND MICE***
*LEPORILLUS CONDITOR**
*STICK-NEST RAT OR HOUSE-BUILDING RAT**
**NOTOMYS SPP .*
**ALL AUSTRALIAN HOPPING MICE*
*PSEUDOMYS FUMEUS**
*SMOKEY ( FALSE ) MOUSE**
*APPENDIX I*APPENDIX II*
MURIDAE***
*PSEUDOMYS PRAECONIS**
*SHARK BAY ( FALSE ) MOUSE**
**PSEUDOMYS SHORTRIDGEI*
**SHORTRIDGE'S ( FALSE ) MOUSE OR BLUNT-FACED RAT OR SHORTRIDGE'S NATIVE MOUSE*
*XEROMYS MYOIDES**
*FALSE WATER-RAT**
*ZYZOMYS PEDUNCULATUS**
*CENTRAL THICK-TAILED RAT OR MACDONNELL RANGE ROCK-RAT**
CHINCHILLIDAE***
CHINCHILLAS***
*CHINCHILLA SPP . + 201**
*ALL CHINCHILLAS**
CETACEA***
CETACEANS ( WHALES , DOLPHINS AND PORPOISES ) ***
**CETACEA SPP . (*) ( C 1 ) *
**ALL WHALES , DOLPHINS AND PORPOISES*
PLATANISTIDAE***
RIVER DOLPHINS***
*LIPOTES VEXILLIFER**
*WHITE FLAG DOLPHIN OR WHITE FIN DOLPHIN OR CHINESE RIVER DOLPHIN OR BAIJI OR CHINESE LAKE DOLPHIN**
*PLATANISTA SPP .**
*SUSUS OR GANGES AND INDUS RIVER DOLPHINS**
PHYSETERIDAE***
*PHYSETER CATODON ( = MACROCEPHALUS ) **
*SPERM WHALE OR SPERMACET WHALE OR CACHALOT OR POT WHALE**
DELPHINIDAE***
DOLPHINS***
*SOTALIA SPP .**
*ALL SOUTH AMERICAN RIVER DOLPHINS**
*SOUSA SPP .**
*ALL HUMPBACKED DOLPHINS**
PHOCAENIDAE***
*NEOPHOCAENA PHOCAENOIDES**
* ( INDIAN ) FINLESS PORPOISE OR FINLESS BLACK PORPOISE OR BLACK FINLESS PORPOISE**
*PHOCOENA SINUS**
*COCHITO OR VAGUITA OR GULF OF CALIFORNIA HARBOUR PORPOISE**
ESCHRICHTIDAE***
GREY WHALES***
*ESCHRICHTIUS ROBUSTUS ( GLAUCUS ) **
*GREY WHALE OR GRAY WHALE OR CALIFORNIA GRAY OR DEVIL FISH OR HARD HEAD OR MUSSEL DIGGER OR GRAY BACK OR RIP SACK**
BALAENOPTERIDAE***
RORQUALS***
*BALAENOPTERA BOREALIS**
*SEA WHALE OR RUDOPHI'S RORQUAL OR POLLACK WHALE OR COALFISH WHALE**
*BALAENOPTERA MUSCULUS**
*BLUE WHALE OR SIBBALD'S RORQUAL OR SULPHUR BOTTOM**
*BALAENOPTERA PHYSALUS**
* ( TRUE ) FIN WHALE OR ( COMMON ) FINBACK OR COMMON RORQUAL OR FINNER OR HERRING WHALE OR RAZORBACK OR FIN-BACKED WHALE**
*MEGAPTERA NOVAEANGLIAE**
*HUMPBACK ( WHALE ) OR HUMPBACKED WHALE OR HUMP WHALE OR BUNCH OR HUNCHBACKED WHALE**
BALAENIDAE***
RIGHT WHALES***
*BALAENA MYSTICETUS**
*BOWHEAD WHALE OR GREENLAND RIGHT WHALE**
*EUBALAENA SPP .**
*ALL RIGHT WHALES**
CARNIVORA***
CARNIVORES***
CANIDAE***
DOGS , WOLVES AND FOXES***
*CANIS LUPUS (**) + 202**
*GREY WOLF OR WOLF OR GRAY WOLF OR COMMON WOLF OR TIMBER WOLF**
**CANIS LUPUS (*) - 101 ( C 2 ) *
**GREY WOLF*
**CHRYSOCYON BRACHYURUS ( C 2 ) *
**MANED WOLF*
*APPENDIX I*APPENDIX II*
CANIDAE***
**CUON ALPINUS*
**ASIATIC WILD DOG OR DHOLE OR INDIAN WILD DOG*
**DUSICYON CULPAEUS*
**COLPEO FOX OR COLPEO OR RED FOX*
**DUSICYON FULVIPES*
**CHILOE FOX*
**DUSICYON GRISEUS*
**CHICO GREY FOX OR CHILLA OR ARGENTINE GREY FOX OR LITTLE FOX*
*SPEOTHOS VENATICUS**
*BUSH DOG OR SAVANNAH DOG**
**VULPES CANA*
**DOG FOX , CORSAC OR STEPPE FOX OR AFGHAN FOX OR BLANDFORD'S FOX*
*VULPES VELOX HEBES**
*NORTHERN KIT OR NORTHERN SWIFT FOX**
URSIDAE***
BEARS***
*HELARCTOS MALAYANUS**
*MALAYAN ( SUN ) BEAR**
*SELENARCTOS THIBETANUS**
*ASIATIC BLACK BEAR OR HIMALAYAN ( BLACK ) BEAR**
*TREMARCTOS ORNATUS**
*SPECTACLED BEAR OR ANDEAN BEAR**
*URSUS ARCTOS (**) + 203**
*BROWN BEAR OR GRIZZLY BEAR**
**URSUS ARCTOS (*) + 204*
**BROWN BEAR OR GRIZZLY BEAR*
*URSUS ARCTOS ISABELLINUS**
*HIMALAYAN BROWN BEAR OR RED BEAR**
*URSUS ARCTOS NELSONI**
MEXICAN ( GRIZZLY ) BEAR**
*URSUS ARCTOS PRUINOSUS**
*TIBET(AN ) BROWN BEAR**
**URSUS ( = THALARCTOS ) MARITIMUS ( C 2 ) *
**POLAR BEAR*
PROCYONIDAE***
RACCOONS***
**AILURUS FULGENS ( C 2 ) *
**LESSER PANDA OR RED PANDA OR RED CAT-BEAR*
MUSTELIDAE***
WEASELS , BADGERS , SKUNKS AND OTHERS***
*AONYX MICRODON**
*CAMEROON CLAWLESS OTTER OR SMALL-TOOTHED CLAWLESS OTTER OR SMALL-CLAWED OTTER**
**CONEPATUS HUMBOLDTI*
**PATAGONIAN SKUNK*
*ENHYDRA LUTRIS NEREIS**
*SOUTHERN SEA OTTER OR CALIFORNIAN SEA OTTER**
*LUTRA FELINA**
*MARINE OTTER OR CHUNGUNGO OR SEA CAT OR CHINGUNGO**
*LUTRA LONGICAUDIS ( PLATENSIS/ANNECTENS ) **
*LONG-TAILED OTTER ( LA PLATA OTTER OR SOUTH AMERICAN OTTER OR LOBITO DE RIO AND CENTRAL AMERICAN OTTER INCLUDED ) **
*LUTRA LUTRA**
*EURASIAN OR EUROPEAN ( RIVER ) OTTER OR OLD WORLD OTTER OR COMMON OTTER**
*LUTRA PROVOCAX**
*SOUTHERN RIVER OTTER OR LUILLIN**
**LUTRINAE SPP . (*)* ( C 2 : LUTRA ENUDRIS, LUTRA INCARUM ) *
**ALL OTTERS*
*MUSTELA NIGRIPES**
*BLACK-FOOTED FERRET**
*PTERONURA BRASILIENSIS**
*GIANT OTTER OR BRAZILIAN OTTER**
*APPENDIX I*APPENDIX II*
VIVERRIDAE***
GENETS , CIVETS AND MONGOOSES***
**CRYPTOPROCTA FEROX*
**FOSSA ( CAT ) *
**CYNOGALE BENNETTI ( C 1 ) *
**OTTER CIVET*
**EUPLERES GOUDOTII ( C 1 ) *
**FANALOUC OR FANALOUC ( MONGOOSE ) OR MALAGASY MONGOOSE OR SMALL-TOOTHED MONGOOSE OR SLENDER FANALOUC*
**EUPLERES MAJOR ( C 1 ) *
**GREAT FANALOUC OR MALAGASY MONGOOSE OR GREAT SMALL-TOOTHED MONGOOSE OR TALLER FANALOUC*
**FOSSA FOSSA ( C 1 ) *
**MALAGASY CIVET OR FANALOKA ( CIVET ) *
**HEMIGALUS DERBYANUS*
**BANDED PALM CIVET OR HARDWICK'S CIVET BANDED MUSANG*
**PRIONODON LINSANG ( C 1 ) *
** ( BANDED ) LINSANG*
*PRIONODON PARDICOLOR**
*SPOTTED LINSANG OR TIGER-CIVET**
HYAENIDAE***
HYAENAS***
*HYAENA BRUNNEA**
*BROWN HYAENA**
FELIDAE***
CATS OR FELINES***
**FELIDAE SPP . (*)* ( C 2 : FELIS BENGALENSIS (*) , FELIS CONCOLOR (*) , FELIS GEOFFROI , FELIS PAJEROS , FELIS PARDALIS (*) , FELIS SERVAL , FELIS WIEDII (*) , FELIS YAGOUAROUNDI (*) , FELIS LYNX (*) , FELIS SYLVESTRIS ) *
**ALL CATS*
*ACINONYX JUBATUS**
*CHEETAH OR HUNTING LEOPARD**
*FELIS BENGALENSIS BENGALENIS**
*LEOPARD CAT ( SUB-SPECIES ) **
*FELIS CARACAL (**) + 205**
*CARACAL ( LYNX ) OR DESERT LYNX**
*FELIS CONCOLOR CORYI**
*FLORIDA PUMA OR FLORIDA COUGAR OR FLORIDA PANTHER**
*FELIS CONCOLOR COSTARICENSIS**
*COSTA RICAN PUMA OR CENTRAL AMERICAN PUMA**
*FELIS CONCOLOR COUGAR**
*EASTERN PUMA OR EASTERN COUGAR OR EASTERN PANTHER**
*FELIS JACOBITA**
*ANDEAN OR MOUNTAIN CAT**
*FELIS MARMORATA**
*MARBLED CAT**
*APPENDIX I*APPENDIX II*
FELIDAE***
*FELIS NIGRIPES**
*BLACK-FOOTED CAT**
*FELIS PARDALIS MEARNSI**
*COSTA RICAN OCELOT**
*FELIS PARDALIS MITIS**
*BRAZILIAN OCELOT**
*FELIS PLANICEPS**
*FLAT-HEADED CAT**
*FELIS RUBIGINOSA (**) + 206**
*RUSTY-SPOTTED CAT**
*FELIS ( LYNX ) RUFA ESCUINAPAE**
*MEXICAN BOBCAT**
*FELIS TEMMINCKI**
*ASIATIC GOLDEN CAT OR TEMMINCK'S ( GOLDEN ) CAT**
*FELIS TIGRINA ONCILLA**
*LITTLE SPOTTED CAT OR TIGER CAT ( SUB-SPECIES ) **
*FELIS WIEDII NICARAGUAE**
*NICARAGUAN MARGAY**
*FELIS WIEDII SALVINIA**
*GUATEMALAN MARGAY**
*FELIS YAGOUAROUNDI CACOMITLI**
*JAGUARUNDI OF EASTERN MEXICO**
*FELIS YAGOUAROUNDI FOSSATA**
*JAGUARUNDI OF SOUTHERN MEXICO**
*FELIS YAGOUAROUNDI PANAMENSIS**
*PANAMA JAGUARUNDI**
*FELIS YAGOUAROUNDI TOLTECA**
*JAGUARUNDI OF WESTERN MEXICO**
*NEOFELIS NEBULOSA**
*CLOUDED LEOPARD**
*PANTHERA LEO PERSICA**
*ASIATIC LION OR INDIAN LION**
*PANTHERA ONCA**
*JAGUAR**
*PANTHERA PARDUS**
*LEOPARD**
*PANTHERA TIGRIS (**) - 102**
*TIGER ( EXCEPT SIBERIAN TIGER ) **
*PANTHERA UNCIA**
*SNOW LEOPARD**
PINNIPEDIA***
SEALS AND WALRUSES***
OTARIIDAE***
EARED SEALS***
**ARCTOCEPHALUS SPP . (*)*
**ALL ( SOUTHERN ) FUR SEALS*
*ARCTOCEPHALUS TOWNSENDI**
*GUADALUPE FUR SEAL OR LOWER CALIFORNIAN FUR SEAL**
PHOCIDAE***
TRUE SEALS***
**MIROUNGA ANGUSTIROSTRIS ( C 1 ) *
**MIROUNGA LEONINA ( C 1 ) *
**SOUTHERN ELEPHANT SEAL ; SOUTH ATLANTIC ELEPHANT SEAL*
*MONACHUS SPP .**
*ALL MONK SEALS**
TUBULIDENTATA***
AARDVARKS OR ANT BEARS***
ORYCTEROPODIDAE***
AARDVARKS***
**ORYCTEROPUS AFER*
**AARDVARK OR ANT BEAR*
*APPENDIX I*APPENDIX II*
PROBOSCIDEA***
PROBOSCIDEANS***
ELEPHANTIDAE***
ELEPHANTS***
*ELEPHAS MAXIMUS**
*ASIAN ELEPHANT OR INDIAN ELEPHANT**
**LOXODONTA AFRICANA*
**AFRICAN ELEPHANT*
SIRENIA***
SEA COWS***
DUGONGIDAE***
DUGONGS***
*DUGONG DUGON (**) - 103**
*DUGONG OR SEA COW**
**DUGONG DUGON (*) + 207 ( C 1 ) *
**DUGONG OR SEA COW*
TRICHECHIDAE***
MANATEES***
*TRICHECHUS INUNGUIS**
*AMAZONIAN OR SOUTH AMERICAN MANATEE**
*TRICHECHUS MANATUS**
*WEST INDIAN OR NORTH AMERICAN OR CARIBEAN MANATEE**
**TRICHECHUS SENEGALENSIS ( C 1 ) *
**WEST AFRICAN MANATEE*
PERISSODACTYLA***
ODD-TOED UNGULATES***
EQUIDAE***
HORSES***
*EQUUS GREVYI**
*GREVY'S ZEBRA**
**EQUUS HEMIONUS (*) ( C 1 ) *
**ASIATIC WILD ASS OR ASIAN WILD ASS*
*EQUUS HEMIONUS HEMIONUS**
*MONGOLIAN WILD ASS OR OZIGGETAI OR KULAN**
*EQUUS HEMIONUS KHUR**
*INDIAN WILD ASS OR KHAR OR GHOR-KHAR**
*EQUUS PRZEWALSKII**
*PRZEWALSKI'S HORSE OR MONGOLIAN WILD HORSE**
**EQUUS ZEBRA HARTMANNAE ( C 1 ) *
**HARTMANN'S MOUNTAIN ZEBRA*
*EQUUS ZEBRA ZEBRA**
*CAPE MOUNTAIN ZEBRA**
TAPIRIDAE***
TAPIRS***
*TAPIRUS BAIRDII**
*CENTRAL AMERICAN TAPIR OR BAIRD'S TAPIR**
*TAPIRUS INDICUS**
*MALAYAN , ASIAN OR INDIAN TAPIR**
*TAPIRUS PINCHAQUE**
*MOUNTAIN OR WOOLLY TAPIR**
**TAPIRUS TERRESTRIS ( C 1 ) *
**SOUTH AMERICAN OR BRAZILIAN TAPIR*
RHINOCEROTIDAE***
RHINOCEROSES***
*RHINOCEROTIDAE SPP .**
*ALL RHINOCEROSES OR RHINOS**
ARTIODACTYLA***
EVEN-TOED UNGULATES***
SUIDAE***
OLD WORLD PIGS OR SWINE***
*BABYROUSA BABYRUSSA**
*BABIRUSA OR DEER HOG OR BABIROUSSA**
*SUS SALVANIUS**
*PYGMY HOG**
HIPPOPOTAMIDAE***
HIPPOPOTAMUSES***
**CHOEROPSIS LIBERIENSIS ( C 2 ) *
**PYGMY HIPPOPOTAMUS*
CAMELIDAE***
CAMELS AND LAMAS***
**LAMA GUANICOE*
**GUANACO*
*VICUGNA VICUGNA**
*VICUNA OR VICUGNA**
CERVIDAE***
TRUE DEER***
*AXIS ( = HYELAPHUS ) CALAMIANENSIS**
*CALAMIAN ( HOG ) DEER OR PHILIPPINE DEER**
*APPENDIX I*APPENDIX II*
CERVIDAE***
*AXIS ( = HYELAPHUS ) KUHLI**
*KUHL'S ( HOG ) DEER OR BAWEAN ( HOG ) DEER**
*AXIS ( = HYELAPHUS ) PORCINUS ANNAMITICUS**
*GANGES OR THAI HOG DEER**
*BLASTOCERUS DICHOTOMUS**
*MARSH DEER OR GUASCU PUCU**
*CERVUS DUVAUCELI**
*SWAMP DEER OR BARASINGHA**
**CERVUS ELAPHUS BACTRIANUS*
**BACTRIAN ( RED ) DEER OR BOKHARAN DEER OF BACTRIAN WAPITI*
*CERVUS ELAPHUS HANGLU**
*KASHMIR STAG OR HANGLU OR KASHMIR DEER**
*CERVUS ELDI**
*BROW-ANTLERED DEER OR ELD'S DEER OR THAMIN**
*DAMA MESOPOTAMICA**
*PERSIAN FALLOW DEER OR MESOPOTAMIAN FALLOW DEER**
*HIPPOCAMELUS ANTISENSIS**
*NORTH ANDEAN OR PERUVIAN HUEMAL OR TARUCA OR PERUVIAN GUEMAL OR NORTH ANDEAN HUEMUL OR PERUVIAN HUEMUL**
*HIPPOCAMELUS BISULCUS**
*SOUTH ANDEAN OR CHILEAN HUEMAL OR CHILEAN GUEMAL OR SOUTH ANDEAN HUEMUL OR CHILEAN HUEMUL**
**MOSCHUS SPP . (*)*
**MUSK DEER*
*MOSCHUS MOSCHIFERUS (**) + 208**
*MUSK DEER**
*OZOTOCEROS BEZOARTICUS**
*PAMPAS DEER**
**PUDU MEPHISTOPHILES ( C 2 ) *
**NORTHERN PUDU*
*PUDU PUDU**
*CHILEAN PUDU**
ANTILOCAPRIDAE***
PRONGHORNS***
**ANTILOCAPRA AMERICANA MEXICANA ( C 1 ) *
**MEXICAN PRONGHORN*
*ANTILOCAPRA AMERICANA PENINSULARIS**
*LOWER CALIFORNIA PRONGHORN OR PENINSULAR PRONGHORN**
*ANTILOCAPRA AMERICANA SONORIENSIS**
*SONORAN PRONGHORN**
BOVIDAE***
CATTLE , SHEEP , GOATS , ANTELOPES , ETC .***
**ADDAX NASOMACULATUS*
**ADDAX*
*BISON BISON ATHABASCAE**
*WOOD BISON**
*BOS GAURUS**
*GAUR OR SALADANG OR SELADANG OR INDIAN WILD OX**
*BOS ( GRUNNIENS ) MUTUS**
*WILD YAK**
*BUBALUS ( ANOA ) DEPRESSICORNIS**
*LOWLAND ANOA**
*BUBALUS ( ANOA ) MINDORENSIS**
*TAMARAW OR TAMAROU**
*BUBALUS ( ANOA ) QUARLESI**
*MOUNTAIN ANOA**
**CAPRA FALCONERI (*) ( C 1 ) *
**MARKHOR*
*APPENDIX I*APPENDIX II*
BOVIDAE***
*CAPRA FALCONERI CHILTANENSIS**
*CHILTAN MARKHOR**
*CAPRA FALCONERI JERDONI**
*STRAIGHT-HORNED MARKHOR**
*CAPRA FALCONERI MEGACEROS**
*KABUL MARKHOR**
*CAPRICORNIS SUMATRAENSIS**
*SEROW**
**CEPHALOPHUS MONTICOLA*
**BLUE DUIKER ( ANTELOPE ) *
**DAMALISCUS DORCAS DORCAS*
**BONTEBOK ( ANTELOPE ) *
**HIPPOTRAGUS EQUINUS*
**ROAN ANTELOPE*
*HIPPOTRAGUS NIGER VARIANI**
*GIANT SABLE ANTELOPE**
**KOBUS LECHE*
**LECHWE ( ANTELOPE ) *
*NEMORHAEDUS GORAL**
*GORAL**
*NOVIBOS ( = BOS ) SAUVELI**
*KOUPREY**
**ORYX ( TAO ) DAMMAH ( C 1 ) *
**SCIMITAR-HORNED OR WHITE ORYX*
*ORYX LEUCORYX**
*ARABIAN ORYX**
**OVIS AMMON (*) ( C 2 ) *
**ARGALI OR MARCO POLO SHEEP*
*OVIS AMMON HODGSONI**
*GREAT TIBETAN SHEEP OR NYAN**
**OVIS CANADENSIS*
**MOUNTAIN OR BIGHORN SHEEP*
*OVIS ORIENTALIS OPHION**
*CYPRIAN MOUFLON**
*OVIS VIGNEI**
*URIAL OR SHAPU OR SHAPO**
*PANTHOLOPS HODGSONI**
*CHIRU OR ORONG OR TIBETAN ANTELOPE**
*RUPICAPRA RUPICAPRA ORNATA**
*ABRUZZI CHAMOIS**
AVES
BIRDS
RHEIFORMES***
RHEAS***
RHEIDAE***
RHEAS***
*PTEROCNEMIA PENNATA**
*LESSER OR DARWIN'S RHEA OR PUNA RHEA**
**RHEA AMERICANA ALBESCENS*
**ARGENTINE ( GREATER ) RHEA OR ARGENTINE ( COMMON ) RHEA*
TINAMIFORMES***
TINAMOUS***
TINAMIDAE**
TINAMOUS***
**RHYNCHOTUS RUFESCENS MACULICOLLIS*
**BOLIVIAN RED-WINGED TINAMOU ; BOLIVIAN RUFOUS TINAMOU*
**RHYNCHOTUS RUFESCENS PALLESCENS*
**ARGENTINE RUFOUS TINAMOU OR ARGENTINE RED-WINGED TINAMOU*
*APPENDIX I*APPENDIX II*
TINAMIDAE***
**RHYNCHOTUS RUFESCENS RUFESCENS*
**BRAZILIAN RUFOUS TINAMOU OR BRAZILIAN RED-WINGED TINAMOU*
*TINAMUS SOLITARIUS**
*SOLITARY TINAMOU**
SPHENISCIFORMES***
PENGUINS***
SPHENISCIDAE***
PENGUINS***
**SPHENISCUS DEMERSUS ( C 1 ) *
**BLACK-FOOTED PENGUIN OR JACKAN PENGUIN*
PODICIPEDIFORMES***
GREBES***
PODICIPEDIDAE***
GREBES***
*PODILYMBUS GIGAS**
*ATITLAN ( PIED-BILLED ) GREBE OR GIANT PIED-BILLED GREBE**
PROCELLARIIFORMES***
TUBE-NOSED SWIMMERS***
DIOMEDEIDAE***
ALBATROSSES***
*DIOMEDEA ALBATRUS**
*SHORT-TAILED ALBATROSS OR STELLER'S ALBATROSS**
PELECANIFORMES***
PELICANS AND KIN***
PELECANIDAE***
PELICANS***
**PELECANUS CRISPUS ( C 1 ) *
**DALMATIAN PELICAN*
SULIDAE***
BOOBIES AND GANNETS***
*SULA ABBOTTI**
*ABBOTT'S BOOBY**
FREGATIDAE***
FRIGATE BIRDS***
*FREGATA ANDREWSI**
*CHRISTMAS ISLAND FRIGATE BIRD**
CICONIIFORMES***
WADING BIRDS ( HERONS AND KIN ) ***
CICONIIDAE***
STORKS***
*CICONIA CICONIA BOYCIANA**
*JAPANESE WHITE STORK OR WHITE ORIENTAL STORK**
**CICONIA NIGRA ( C 1 ) *
**BLACK STORK*
THRESKIORNITHIDAE***
IBISES AND SPOONBILS***
**GERONTICUS CALVUS*
** ( SOUTHERN ) BALD IBIS*
*GERONTICUS EREMITA**
*HERMIT IBIS**
*NIPPONIA NIPPON**
*JAPANESE CRESTED IBIS**
**PLATEALEA LEUCORODIA ( C 1 ) *
**WHITE OR EURASIAN SPOONBIL*
PHOENICOPTERIDAE***
FLAMINGOS***
**PHOENICOPARRUS ANDINUS ( C 1 ) *
**ANDEAN FLAMINGO*
**PHOENICOPARRUS JAMESI ( C 1 ) *
**JAMES' FLAMINGO*
**PHOENICOPTERUS RUBER CHILENSIS ( C 1 ) *
**CHILEAN FLAMINGO*
**PHOENICOPTERUS RUBER RUBER ( C 1 ) *
**CARIBBEAN FLAMINGO OR AMERICAN FLAMINGO OR CUBAN FLAMINGO OR ROSY FLAMINGO OR WEST INDIAN FLAMINGO*
ANSERIFORMES***
WATERFOWL***
ANATIDAE***
DUCKS , GEESE AND SWANS***
**ANAS AUCKLANDICA AUCKLANDICA ( C 2 ) *
**AUCKLAND ISLAND FLIGHTLESS TEAL*
**ANAS AUCKLANDICA CHLOROTIS ( C 2 ) *
**NEW ZEALAND BROWN TEAL*
*APPENDIX I*APPENDIX II*
ANATIDAE***
*ANAS AUCKLANDICA NESIOTIS**
*CAMPBELL ISLAND BROWN OR CAMPBELL ISLAND FLIGHTLESS TEAL**
**ANAS BERNIERI ( C 2 ) *
**MADAGASCAR TEAL*
*ANAS LAYSANENSIS**
*LAYSAN DUCK OR LAYSAN TEAL**
*ANAS OUSTALETI**
*MARIANAS ( ISLAND ) DUCK OR OUSTALET'S GREY DUCK OR MARIANAS MALLARD ( DUCK ) **
**ANSER ALBIFRONS GAMBELLI*
**TULE WHITE-FRONTED GOOSE*
*BRANTA CANADENSIS LEUCOPAREIA**
*ALEUTIAN CANADA GOOSE**
**BRANTA RUFICOLLIS ( C 1 ) *
**RED-BREASTED GOOSE*
*BRANTA SANDVICENSIS**
*HAWAIIAN GOOSE OR NENE**
*CAIRINA SCUTULATA**
*WHITE-WINGED WOOD DUCK**
**COSCOROBA COSCOROBA ( C 1 ) *
**COSCOROBA ( SWAN ) *
**CYGNUS BEWICKII JANKOWSKII ( C 1 ) *
**EASTERN BEWICK'S SWAN OR JANKOWSKI'S SWAN*
**CYGNUS MELANCORYPHUS*
**BLACK-NECKED SWAN*
**DENDROCYGNA ARBOREA*
**BLACK-BILLED WHISTLING DUCK OR CUBAN TREE DUCK*
*RHODONESSA CARYOPHYLLACEA P.E .**
*PINK-HEADED DUCK**
**SARKIDIORNIS MELANOTOS*
**COMB DUCK OR KNOB-BILLED DUCK*
FALCONIFORMES***
BIRDS OF PREY***
**FALCONIFORMES SPP . (*) - 104 ( C 1 ) *
**DIURNAL BIRDS OF PREY ( EXCEPT NEW WORLD VULTURES ) *
CATHARTIDAE***
NEW WORLD VULTURES***
*GYMNOGYPS CALIFORNIANUS**
*CALIFORNIA CONDOR**
*VULTUR GRYPHUS**
*ANDEAN CONDOR**
ACCIPITRIDAE***
TRUE HAWKS***
*AQUILA HELIACA**
*IMPERIAL EAGLE**
*CHONDROHIERAX WILSONII**
*CUBA(N ) HOOK-BILLED KITE**
*HALIAEETUS ALBICILLA**
*WHITE-TAILED ( SEA ) EAGLE OR GRAY SEA EAGLE**
*HALIAEETUS LEUCOCEPHALUS**
*AMERICAN BALD EAGLE**
*HARPIA HARPYJA**
*HARPY EAGLE**
*PITHECOPHAGA JEFFERYI**
*MONKEY-EATING OR PHILIPPINE EAGLE**
FALCONIDAE***
FALCONS AND CARACARAS***
*FALCO ARAEA**
*SEYCHELLES KESTREL**
*FALCO NEWTONI ALDABRANUS**
*ALDABRA KESTREL**
*FALCO PEREGRINUS ( PELIGRINOIDES/BABYLONICUS ) **
*PEREGRINE FALCON ( BARBARY FALCON/SHAHEEN INCLUDED ) **
*FALCO PUNCTATUS**
*MAURITIUS KESTREL**
*FALCO RUSTICOLUS (**) - 105**
*GYRFALCON**
*APPENDIX I*APPENDIX II*
GALLIFORMES***
GAME BIRDS OF FOWL-LIKE BIRDS***
MAGAPODIIDAE***
MOUND OR BUILDERS***
*MACROCEPHALON MALEO**
*MALEO ( BIRD ) OR MALEO MEGAPODE**
**MEGAPODIUS FREYCINET ABBOTTI*
**ABBOTT'S SCRUB FOWL OR ABBOTT'S MEGAPODE*
**MEGAPODIUS FREYCINET NICOBARIENSIS*
**NICOBAR SCRUB FOWL OR NICOBAR MEGAPODE*
CRACIDAE*** ++++
COUNCIL REGULATION ( EEC ) NO 3626/82
OF 3 DECEMBER 1982
ON THE IMPLEMENTATION IN THE COMMUNITY OF THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 235 THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,
WHEREAS A CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA ( HEREINAFTER REFERRED TO AS " THE CONVENTION " ) WAS OPENED FOR SIGNATURE ON 3 MARCH 1973 ; WHEREAS THE CONVENTION IS INTENDED TO PROTECT ENDANGERED SPECIES OF WILD FAUNA AND FLORA BY REGULATING INTERNATIONAL TRADE IN THESE SPECIES AND IN READILY RECOGNIZABLE PARTS AND DERIVATIVES THEREOF ;
WHEREAS THE RESOLUTION OF THE COUNCIL OF THE EUROPEAN COMMUNITIES AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES , MEETING WITHIN THE COUNCIL , OF 17 MAY 1977 ON THE CONTINUATION AND IMPLEMENTATION OF A EUROPEAN COMMUNITY POLICY AND ACTION PROGRAMME ON THE ENVIRONMENT ( 4 ) STRESSES THAT THE PROTECTION OF WILD FAUNA AND FLORA IS A MATTER WHICH CONCERNS THE COMMUNITY AND THAT IMPLEMENTATION OF THE CONVENTION IS AN IMPORTANT MEASURE FOR PROTECTING THESE SPECIES ;
WHEREAS , TO ATTAIN ITS OBJECTIVES , THE CONVENTION MAINLY EMPLOYS COMMERCIAL POLICY INSTRUMENTS BY LAYING DOWN RESTRICTIONS ON AND A STRICT CONTROL OF INTERNATIONAL TRADE IN SPECIMENS OF ENDANGERED SPECIES OF WILD FAUNA AND FLORA ;
WHEREAS , IN ORDER TO PROTECT ENDANGERED SPECIES OF WILD FAUNA AND FLORA , IT IS NECESSARY AT COMMUNITY LEVEL TO ENSURE THAT CERTAIN COMMERCIAL POLICY INSTRUMENTS TO BE EMPLOYED UNDER THE CONVENTION ARE UNIFORMLY APPLIED ; WHEREAS , BECAUSE OF ITS SCOPE , THIS REGULATION SHOULD NOT AFFECT NATIONAL POWERS TO ADOPT PROTECTIVE MEASURES OF A DIFFERENT NATURE ;
WHEREAS THE MEASURES RELATING TO THE APPLICATION OF THE CONVENTION TO TRADE MUST NOT AFFECT THE FREE MOVEMENT OF PRODUCTS WITHIN THE COMMUNITY AND MUST APPLY ONLY TO TRADE WITH THIRD COUNTRIES ;
WHEREAS THE EXISTENCE OF NATIONAL IMPLEMENTING MEASURES WHICH WERE NOT UNIFORM MIGHT LEAD TO DISTORTIONS OF COMPETITION WITHIN THE COMMUNITY ;
WHEREAS THE CONVENTION CONCERNS ANIMALS AND PLANTS , WHETHER ALIVE OR DEAD , AND READILY RECOGNIZABLE PARTS AND DERIVATIVES THEREOF ; WHEREAS , TO MAKE THE APPLICATION OF THE CONVENTION EFFECTIVE , A COMMON LIST OF THE MOST IMPORTANT PARTS AND DERIVATIVES MUST BE DRAWN UP AND THE CONDITIONS UNDER WHICH OTHER GOODS FALL WITHIN THE SCOPE OF THIS REGULATION MUST BE LAID DOWN ;
WHEREAS THE STATE OF CONSERVATION OF CERTAIN SPECIES MAKES DESIRABLE THE ADOPTION BY THE COMMUNITY OF STRICTER CONSERVATION MEASURES THAN THOSE LAID DOWN IN THE CONVENTION ;
WHEREAS IN CERTAIN CASES IT MAY BE NECESSARY , IN ORDER TO PERMIT THE MOST EFFECTIVE CONSERVATION POSSIBLE OF WILD FLORA AND FAUNA , FOR MEMBER STATES TO MAINTAIN OR TAKE , IN COMPLIANCE WITH THE TREATY , STRICTER MEASURES THAN THOSE LAID DOWN IN THIS REGULATION ;
WHEREAS IMPLEMENTATION OF THIS REGULATION NECESSITATES THE INTRODUCTION OF A COMMUNITY PROCEDURE FOR THE ISSUE AND PRESENTATION OF PERMITS FOR THE EXPORT , RE-EXPORT , IMPORT AND INTRODUCTION FROM THE SEA OF SPECIMENS OF THE SPECIES COVERED BY THE CONVENTION ; WHEREAS IMPLEMENTATION OF THIS REGULATION ALSO INVOLVES THE DESIGNATION OF MANAGEMENT AND SCIENTIFIC AUTHORITIES IN THE MEMBER STATES ;
WHEREAS , TO ENSURE THAT THE PROHIBITION OF IMPORTATION IS FULLY EFFECTIVE , RULES SHOULD BE DRAWN UP CONCERNING THE CONDITIONS OF TRADE IN SPECIMENS OF THE SPECIES LISTED IN APPENDIX I TO THE CONVENTION AND IN PART 1 OF ANNEX C TO THIS REGULATION ;
WHEREAS CERTAIN IMPORTED SPECIMENS SENT TO ANOTHER MEMBER STATE MUST UNDERGO A SPECIFIC CHECK AS TO THEIR PLACE OF DESTINATION ;
WHEREAS , IN ORDER TO SIMPLIFY THE FORMALITIES RELATING TO THE INTRODUCTION , INTO THE COMMUNITY , OF THE SPECIES LISTED IN APPENDICES II AND III TO THE CONVENTION THAT ARE NOT CONTAINED IN ANNEX C TO THIS REGULATION , IT SEEMED POSSIBLE TO GIVE MEMBER STATES THE OPTION OF APPLYING A SIMPLER PROCEDURE THAN THAT OF IMPORT PERMITS ;
WHEREAS , TO FACILITATE CUSTOMS PROCEDURES , THERE MUST BE PROVISION TO PERMIT MEMBER STATES TO DESIGNATE ONE OR MORE PLACES OF ENTRY AND EXIT WHERE THE GOODS IN QUESTION MUST BE PRESENTED ;
WHEREAS THE MARKS , SEALS AND STAMPS USED TO IDENTIFY GOODS MUST CONFORM TO STANDARD MODELS IN ORDER TO FACILITATE CONTROLS ;
WHEREAS THE CONSERVATION OF ENDANGERED SPECIES STILL RAISES PROBLEMS CALLING FOR SCIENTIFIC WORK ; WHEREAS THIS WORK WILL ALSO MAKE IT POSSIBLE TO ASSESS THE EFFECTIVENESS OF THE MEASURES TAKEN ; WHEREAS METHODS MUST ALSO BE DEVELOPED FOR MONITORING TRADE IN CERTAIN PARTS AND DERIVATIVES OF THESE SPECIES ;
WHEREAS IT IS ESSENTIAL TO ENSURE THE UNIFORM APPLICATION OF THIS REGULATION AND TO LAY DOWN TO THIS END A COMMUNITY PROCEDURE ENABLING THE NECESSARY IMPLEMENTING PROVISIONS TO BE ADOPTED WITHIN A SUITABLE PERIOD ; WHEREAS A COMMITTEE MUST BE SET UP TO PERMIT CLOSE AND EFFECTIVE COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION IN THIS FIELD ;
WHEREAS THE AIMS OF THE CONVENTION COINCIDE WITH SOME OF THE COMMUNITY'S ENVIRONMENTAL OBJECTIVES AS SET OUT IN THE ENVIRONMENTAL ACTION PROGRAMMES ; WHEREAS THE RULES OF THE CONVENTION SHOULD BE APPLIED UNIFORMLY THROUGHOUT THE COMMUNITY ; WHEREAS , SINCE THE TREATY HAS NOT PROVIDED THE NECESSARY SPECIFIC POWERS , RECOURSE MUST BE HAD TO ARTICLE 235 THEREOF ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
THE CONVENTION , AS SET OUT IN ANNEX A , SHALL APPLY THROUGHOUT THE COMMUNITY UNDER THE CONDITIONS LAID DOWN IN THE FOLLOWING ARTICLES .
THE OBJECTIVES AND PRINCIPLES OF THE CONVENTION SHALL BE RESPECTED IN THE APPLICATION OF THIS REGULATION .
ARTICLE 2
THE SPECIMENS TO WHICH THIS REGULATION APPLIES ARE :
( A ) ANY ANIMAL OR PLANT , WHETHER ALIVE OR DEAD , OF THE SPECIES LISTED IN APPENDIX I TO THE CONVENTION , ANY PART OR PRODUCT OF ANIMALS OR PLANTS OF THESE SPECIES WHICH ARE LISTED IN ANNEX B TO THIS REGULATION , AS WELL AS ANY OTHER GOODS WHICH APPEAR FROM AN ACCOMPANYING DOCUMENT , THE PACKAGING OR A MARK OR LABEL , OR FROM ANY OTHER CIRCUMSTANCES , TO BE PARTS OR DERIVATIVES OF ANIMALS OR PLANTS OF THESE SPECIES ;
( B ) ANY ANIMAL OR PLANT , WHETHER ALIVE OR DEAD , OF THE SPECIES LISTED IN APPENDIX II TO THE CONVENTION , ANY PART OR PRODUCT OF ANIMALS OR PLANTS OF THESE SPECIES WHICH ARE LISTED IN ANNEX B TO THIS REGULATION , AS WELL AS ANY OTHER GOODS WHICH APPEAR FROM AN ACCOMPANYING DOCUMENT , THE PACKAGING OR A MARK OR LABEL , OR FROM ANY OTHER CIRCUMSTANCES , TO BE PARTS OR DERIVATIVES OF ANIMALS OF THESE SPECIES ;
( C ) ANY ANIMAL OR PLANT , WHETHER ALIVE OR DEAD , OF THE SPECIES LISTED IN APPENDIX III TO THE CONVENTION AND ANY PART OR PRODUCT OF ANIMALS OR PLANTS OF THESE SPECIES WHICH ARE LISTED IN ANNEX B TO THIS REGULATION .
ARTICLE 3
1 . THE SPECIMENS OF SPECIES LISTED IN PART 1 OF ANNEX C SHALL BE CONSIDERED AS SPECIMENS OF THE SPECIES LISTED IN APPENDIX I TO THE CONVENTION .
2 . THE INTRODUCTION INTO THE COMMUNITY OF SPECIMENS OF SPECIES LISTED IN PART 2 OF ANNEX C SHALL REQUIRE AN IMPORT PERMIT IN ACCORDANCE WITH ARTICLE 10 ( 1 ) ( B ) .
ARTICLE 4
AMENDMENTS WHICH ARE NECESSARY TO MAKE TO APPENDICES I , II AND III TO THE CONVENTION AND TO ANNEX B TO THIS REGULATION AS A CONSEQUENCE OF AMENDMENTS THAT HAVE BEEN DECIDED ON BY THE PARTIES TO THE CONVENTION AND AGREED TO BY THE COMMUNITY , AS WELL AS ANY ADDITIONS TO ANNEX B , SHALL BE MADE IN ACCORDANCE WITH THE PROCEDURE PRESCRIBED IN ARTICLE 21 ( 2 ) AND ( 3 ) .
ARTICLE 5
1 . THE INTRODUCTION INTO THE COMMUNITY OF SPECIMENS COVERED BY ARTICLES 2 AND 3 SHALL BE SUBJECT TO PRESENTATION OF AN IMPORT PERMIT OR IMPORT CERTIFICATE PROVIDED FOR IN ARTICLE 10 AT THE CUSTOMS OFFICE AT WHICH THE CUSTOMS FORMALITIES ARE COMPLETED .
2 . THE EXPORT OR RE-EXPORT TO DESTINATIONS OUTSIDE THE COMMUNITY OF THE SPECIMENS REFERRED TO IN ARTICLE 2 SHALL BE SUBJECT TO PRESENTATION OF THE DOCUMENT PROVIDED FOR IN ARTICLE 10 ( 3 ) AT THE CUSTOMS OFFICE AT WHICH THE CUSTOMS FORMALITIES ARE COMPLETED .
3 . CUSTOMS OFFICES AT WHICH PERMITS HAVE BEEN PRESENTED IN ACCORDANCE WITH PARAGRAPHS 1 AND 2 SHALL FORWARD THE PERMITS TO THE MANAGEMENT AUTHORITY OF THE MEMBER STATE IN WHICH THEY ARE SITUATED .
4 . BY WAY OF DEROGATION FROM PARAGRAPHS 1 AND 2 , WHERE SPECIMENS ARE BROUGHT INTO THE COMMUNITY AND PLACED UNDER EITHER A CUSTOMS TRANSIT PROCEDURE OR A TEMPORARY STORAGE PROCEDURE , PRESENTATION TO THE APPROPRIATE CUSTOMS SERVICE OF THE PERMITS REFERRED TO IN ARTICLE 10 SHALL NOT BE REQUIRED , PROVIDED THAT AN EXPORT DOCUMENT FOR THE SPECIMENS IS ISSUED BY THE MANAGEMENT AUTHORITY OF THE EXPORTING COUNTRY . IN THIS CASE MEMBER STATES MAY REQUIRE PRESENTATION OF THE EXPORT DOCUMENTATION PROVIDED FOR BY THE CONVENTION OR SATISFACTORY PROOF OF ITS EXISTENCE .
ARTICLE 6
1 . THE DISPLAY TO THE PUBLIC FOR COMMERCIAL PURPOSES AND THE SALE , KEEPING FOR SALE , OFFERING FOR SALE OR TRANSPORTING FOR SALE OF THE SPECIMENS REFERRED TO IN ARTICLES 2 ( A ) AND 3 ( 1 ) SHALL BE PROHIBITED , SUBJECT TO EXEMPTIONS WHICH MAY BE GRANTED BY THE MEMBER STATES FOR THE FOLLOWING REASONS , ACCOUNT BEING TAKEN OF THE OBJECTIVES OF THE CONVENTION AND THE REQUIREMENTS OF COUNCIL DIRECTIVE 79/409/EEC OF 2 APRIL 1979 ON THE CONSERVATION OF WILD BIRDS ( 5 ) :
( A ) THE SPECIMENS ENTERED , IN ACCORDANCE WITH THE CONVENTION AND BEFORE THIS REGULATION CAME INTO FORCE , THE TERRITORY TO WHICH THIS REGULATION APPLIES ;
( B ) THE SPECIMENS OF AN ANIMAL OR PLANT SPECIES WERE BRED IN CAPTIVITY OR ARTIFICIALLY PROPAGATED , OR ARE PARTS OF SUCH ANIMALS OR PLANTS OR DERIVED THEREFROM ;
( C ) THE SPECIMENS ARE INTENDED FOR RESEARCH , TEACHING , BREEDING OR PROPAGATION PURPOSES ;
( D ) SPECIMENS ORIGINATING FROM A MEMBER STATE WERE REMOVED FROM THE NATURAL STATE UNDER LEGAL PROVISIONS IN FORCE IN THAT MEMBER STATE OR WITH THE APPROVAL OF THE COMPETENT AUTHORITIES OF THAT MEMBER STATE ;
( E ) THE SPECIMENS ENTERED , IN ACCORDANCE WITH THE CONVENTION AND AFTER THIS REGULATION CAME INTO FORCE , THE TERRITORY TO WHICH THIS REGULATION APPLIES AND WERE NOT USED FOR PURPOSES ESSENTIALLY COMMERCIAL IN NATURE .
2 . THE PROHIBITIONS REFERRED TO IN PARAGRAPH 1 SHALL ALSO APPLY TO THE SPECIMENS REFERRED TO IN ARTICLE 2 ( B ) AND ( C ) WHICH ARE NOT COVERED BY PARAGRAPH 1 IF THEY WERE INTRODUCED IN VIOLATION OF ARTICLE 5 .
3 . HAVING REGARD IN PARTICULAR TO ARTICLE VIII OF THE CONVENTION , THE COMPETENT AUTHORITIES OF THE MEMBER STATES SHALL HAVE DISCRETION TO SELL ANY SPECIMENS THEY HAVE SEIZED UNDER THIS REGULATION OR UNDER NATIONAL LAWS , AND SUCH SPECIMENS MAY THEN BE TREATED FOR ALL PURPOSES AS IF THEY HAD BEEN BROUGHT IN LEGALLY .
ARTICLE 7
MEMBER STATES SHALL FORWARD TO THE COMMISSION THE NAMES AND ADDRESSES OF THE MANAGEMENT AND SCIENTIFIC AUTHORITIES REFERRED TO IN ARTICLE IX OF THE CONVENTION AND , WHERE APPROPRIATE , OF THE OTHER COMPETENT AUTHORITIES REFERRED TO IN THIS REGULATION . THE COMMISSION SHALL PUBLISH THIS INFORMATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
ARTICLE 8
THE COMPETENT AUTHORITIES OF THE MEMBER STATES SHALL :
( A ) ISSUE THE PERMITS AND CERTIFICATES PROVIDED FOR IN ARTICLE 10 OR ENDORSE THE IMPORT CERTIFICATES REFERRED TO IN ARTICLE 10 ( 2 ) ;
( B ) AUTHORIZE THE EXEMPTIONS REFERRED TO IN ARTICLE 6 ;
( C ) ISSUE THE CERTIFICATES REFERRED TO IN ARTICLE 11 AND THE LABEL REFERRED TO IN ARTICLE 12 ;
( D ) RETURN TO THE MANAGEMENT AUTHORITIES WHICH HAVE ISSUED THEM THE PERMITS WHICH HAVE BEEN SENT TO THEM BY THE CUSTOMS OFFICES IN ACCORDANCE WITH ARTICLE 5 ;
( E ) COMMUNICATE TO THE COMMISSION ALL THE INFORMATION REQUIRED FOR DRAWING UP THE RECORDS AND REPORTS REFERRED TO IN ARTICLE VIII ( 6 ) AND ( 7 ) OF THE CONVENTION .
ARTICLE 9
1 . WITHOUT PREJUDICE TO ARTICLE 15 , EACH MEMBER STATE SHALL RECOGNIZE THE DECISIONS OF THE COMPETENT AUTHORITIES OF THE OTHER MEMBER STATES .
2 . WITH THE EXCEPTION OF THE DOCUMENT REFERRED TO IN ARTICLE 11 ( A ) , PERMITS AND CERTIFICATES REFERRED TO IN THIS REGULATION ISSUED BY A MEMBER STATE SHALL BE VALID THROUGHOUT THE COMMUNITY .
3 . THE APPLICATIONS FOR IMPORT PERMITS REFERRED TO IN ARTICLE 10 ( 1 ) SHALL BE SUBMITTED TO THE MANAGEMENT AUTHORITY RESPONSIBLE FOR THE PLACE OF DESTINATION OF THE SPECIMEN .
4 . APPLICATION FOR PERMITS FOR THE INTRODUCTION OF SPECIMENS FROM THE SEA SHALL BE SENT TO THE MANAGEMENT AUTHORITY RESPONSIBLE FOR THE PLACE OF INTRODUCTION OF SPECIMENS .
5 . THE APPLICATIONS FOR THE EXPORT PERMITS AND RE-EXPORT CERTIFICATES REFERRED TO IN ARTICLE 10 ( 3 ) FOR THE EXPORT OR RE-EXPORT OF LIVE SPECIMENS SHALL BE SENT TO THE MANAGEMENT AUTHORITY OF THE MEMBER STATE IN WHOSE TERRITORY THE SPECIMEN IS LOCATED .
ARTICLE 10
1 . ( A ) THE INTRODUCTION INTO THE COMMUNITY FROM THIRD COUNTRIES OR FROM THE SEA OF THE SPECIMENS REFERRED TO IN ARTICLES 2 ( A ) AND 3 SHALL BE SUBJECT TO THE PRESENTATION OF AN IMPORT PERMIT .
( B ) THE IMPORT PERMIT REFERRED TO IN ARTICLE 3 ( 2 ) SHALL BE ISSUED ONLY WHERE :
- IT IS CLEAR , OR WHERE THE APPLICANT PRESENTS TRUSTWORTHY EVIDENCE , THAT THE CAPTURE OR COLLECTION OF THE SPECIMEN IN THE WILD WILL NOT HAVE A HARMFUL EFFECT ON THE CONSERVATION OF SPECIES OR ON THE EXTENT OF THE TERRITORY OCCUPIED BY THE POPULATIONS IN QUESTION OF THE SPECIES ,
- THE APPLICANT PROVIDES PROOF BY MEANS OF DOCUMENTS ISSUED BY THE COMPETENT AUTHORITIES OF THE COUNTRY OF ORIGIN THAT THE SPECIMEN HAS BEEN OBTAINED IN ACCORDANCE WITH THE LEGISLATION ON PROTECTION OF THE SPECIES IN QUESTION ,
- IN THE CASE OF THE IMPORTATION OF A LIVING ANIMAL , THE APPLICANT PROVIDES EVIDENCE THAT THE INTENDED RECIPIENT POSSESSES ADEQUATE FACILITIES SUITABLE FOR ACCOMMODATING THE SPECIES AND SUITED TO ITS BEHAVIOUR AND THAT THE ANIMAL WILL BE PROPERLY CARED FOR ,
- THERE ARE NO OTHER REQUIREMENTS RELATING TO CONSERVATION OF THE SPECIES WHICH MILITATE AGAINST ISSUE .
THE PERMITS SHALL , IF NEED BE , CONTAIN ADDITIONAL STIPULATIONS TO ENSURE COMPLIANCE WITH THESE CONDITIONS .
2 . THE INTRODUCTION INTO THE COMMUNITY FROM THIRD COUNTRIES OR FROM THE SEA OF SPECIMENS OF ALL OTHER SPECIES COVERED BY THE REGULATION SHALL BE SUBJECT TO PRESENTATION EITHER OF AN IMPORT PERMIT OR OF AN IMPORT CERTIFICATE ENDORSED BY THE CUSTOMS SERVICES AND CERTIFYING THAT THE FORMALITIES REQUIRED UNDER THE CONVENTION HAVE BEEN FULFILLED .
THE IMPORT PERMIT AND IMPORT CERTIFICATE SHALL BE ISSUED ON IDENTICAL FORMS .
3 . EXPORT OR RE-EXPORT FROM THE COMMUNITY OF THE SPECIMENS REFERRED TO IN ARTICLE 2 SHALL BE SUBJECT TO THE PRESENTATION OF AN EXPORT PERMIT OR RE-EXPORT CERTIFICATE OR , IN THE CASE OF ARTIFICIALLY PROPAGATED PLANTS , OF EITHER OF THESE PERMITS OR OF THE DOCUMENT REFERRED TO IN ARTICLE 11 ( B ) .
ARTICLE 11
ON RECEIVING AN APPLICATION , TOGETHER WITH ALL THE REQUISITE SUPPORTING DOCUMENTS FROM THE PERSON CONCERNED , THE COMPETENT AUTHORITIES SHALL ISUE THE FOLLOWING CERTIFICATES :
( A ) A DOCUMENT STATING THAT A GIVEN SPECIMEN ENTERED , IN ACCORDANCE WITH THE CONVENTION , THE TERRITORY TO WHICH THIS REGULATION APPLIES , BEFORE THE REGULATION CAME INTO FORCE , OR THAT THE SPECIMEN WAS ACQUIRED BEFORE THE CONVENTION BECAME APPLICABLE TO IT ;
( B ) A DOCUMENT STATING THAT A SPECIMEN OF AN ANIMAL SPECIES WAS BORN AND BRED IN CAPTIVITY , THAT A SPECIMEN OF A PLANT SPECIES WAS ARTIFICIALLY PROPAGATED OR THAT A SPECIMEN IS A PART OF SUCH AN ANIMAL OR PLANT OR WAS DERIVED THEREFROM .
ARTICLE 12
BY WAY OF DEROGATION FROM ARTICLE 5 , PRESENTATION TO THE CUSTOMS SERVICES OF THE DOCUMENTS REFERRED TO IN ARTICLE 10 SHALL NOT AS A RULE BE REQUIRED IN THE CASE OF NON-COMMERCIAL LOANS , DONATIONS AND EXCHANGES BETWEEN SCIENTISTS AND SCIENTIFIC INSTITUTIONS REGISTERED BY A MANAGEMENT AUTHORITY OF THEIR STATE , OF HERBARIUM SPECIMENS AND OTHER PRESERVED , DRIED OR EMBEDDED MUSEUM SPECIMENS , AND OF LIVE PLANT MATERIAL BEARING A LABEL THE MODEL FOR WHICH HAS BEEN DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 21 OR A SIMILAR LABEL ISSUED OR APPROVED BY A MANAGEMENT AUTHORITY OF A THIRD COUNTRY .
ARTICLE 13
1 . WHERE SPECIMENS REFERRED TO IN ARTICLES 2 ( A ) AND 3 ( 1 ) WHICH ARE REQUIRED UNDER THE TERMS OF THE IMPORT PERMIT TO BE KEPT AT A SPECIFIED ADDRESS ARE SENT TO ANOTHER MEMBER STATE AFTER BEING RELEASED FOR FREE CIRCULATION , THE COMPETENT AUTHORITIES OF THE DESPATCHING MEMBER STATE MUST BE PROVIDED WITH PROOF THAT THE GOODS HAVE BEEN DELIVERED TO THE ADDRESS SPECIFIED .
2 . ANY TRANSPORTATION WITHIN THE COMMUNITY OF LIVE ANIMALS OF THE SPECIES REFERRED TO IN ARTICLES 2 ( A ) AND 3 ( 1 ) FROM THE ADDRESS SPECIFIED IN THE IMPORT PERMIT SHALL BE SUBJECT TO PRIOR AUTHORIZATION FROM THE MANAGEMENT AUTHORITY OR MANAGEMENT AUTHORITIES CONCERNED .
3 . WHERE SPECIMENS REFERRED TO IN PARAGRAPHS 1 AND 2 ARE PLACED UNDER THE COMMUNITY TRANSIT PROCEDURE , THE PRINCIPAL SHALL ENTER ONE OF THE FOLLOWING PHRASES IN THE BOX RESERVED FOR THE DESCRIPTION OF THE GOODS ON THE COMMUNITY TRANSIT DECLARATION FORM :
- " UDRYDDELSESTRUEDE ARTER " ,
- " GEFAEHRDETE ARTEN " ,
- !***
- " ENDANGERED SPECIES " ,
- " ESPECES MENACEES D'EXTINCTION " ,
- " SPECIE MINACCIATE DI ESTINZIONE " ,
- " BEDREIGDE SOORTEN " .
ARTICLE 14
DEROGATIONS FROM ARTICLES 5 AND 10 MAY BE GRANTED BY THE MEMBER STATES IN RESPECT OF SPECIMENS WHICH ARE PERSONAL EFFECTS OR WHICH ARE INTENDED FOR HOUSEHOLD USE .
ARTICLE 15
1 . IN RESPECT OF THE SPECIES TO WHICH THIS REGULATION APPLIES , MEMBER STATES MAY MAINTAIN OR TAKE STRICTER MEASURES , PROVIDING THAT THEY COMPLY WITH THE TREATY , AND IN PARTICULAR ARTICLE 36 THEREOF , FOR ONE OR MORE OF THE FOLLOWING PURPOSES :
( A ) IMPROVEMENT OF CONDITIONS OF SURVIVAL OF LIVING SPECIMENS IN RECIPIENT COUNTRIES ;
( B ) THE CONSERVATION OF NATIVE SPECIES ;
( C ) THE CONSERVATION OF A SPECIES OR A POPULATION OF A SPECIES IN THE COUNTRY OF ORIGIN .
SUCH MEASURES , WHICH MAY IN NO CASE STEM FROM COMMERCIAL POLICY CONSIDERATIONS , WHEN ADOPTED BY A MEMBER STATE IN ACCORDANCE WITH THIS PARAGRAPH , MUST ALSO APPLY TO TRADE WITH THIRD COUNTRIES .
2 . IF A MEMBER STATE INTENDS TO HAVE RECOURSE TO PARAGRAPH 1 , IT SHALL IMMEDIATELY INFORM THE COMMISSION OF THE MEASURES IT INTENDS TO TAKE .
3 . FOR THE PURPOSE OF PROTECTING THE HEALTH AND LIFE OF ANIMALS OR PLANTS , MEMBER STATES MAY TAKE MEASURES SIMILAR TO THOSE PROVIDED FOR IN THE REGULATION IN RESPECT OF SPECIES NOT COVERED BY THE REGULATION .
ARTICLE 16
THE PLACES OF ENTRY AND EXIT DESIGNATED , WHERE APPROPRIATE , BY THE MEMBER STATES IN ACCORDANCE WITH ARTICLE VIII ( 3 ) OF THE CONVENTION SHALL BE NOTIFIED TO THE COMMISSION , WHICH SHALL PUBLISH A LIST OF THEM IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
ARTICLE 17
1 . THE MEMBER STATES AND THE COMMISSION SHALL COMMUNICATE TO ONE ANOTHER THE INFORMATION NECESSARY FOR IMPLEMENTING THIS REGULATION .
2 . INFORMATION SUPPLIED IN IMPLEMENTATION OF THIS REGULATION MAY NOT BE DIVULGED OR USED FOR A PURPOSE OTHER THAN THAT FOR WHICH IT WAS REQUESTED , UNLESS THE SUPPLIER HAS EXPRESSLY AGREED AND IN SO FAR AS THE PROVISIONS IN FORCE IN THE MEMBER STATE WHICH HAS RECEIVED IT DO NOT PROHIBIT SUCH USE .
ANY INFORMATION COMMUNICATED WHICH IS COVERED BY AN OBLIGATION OF PROFESSIONAL SECRECY SHALL ENJOY THE PROTECTION EXTENDED TO SUCH INFORMATION UNDER BOTH THE NATIONAL LAW OF THE MEMBER STATE WHICH HAS RECEIVED IT AND THE CORRESPONDING PROVISIONS APPLYING TO THE COMMUNITY AUTHORITIES .
INFORMATION COVERED BY AN OBLIGATION OF PROFESSIONAL SECRECY MAY NOT IN PARTICULAR BE COMMUNICATED TO PERSONS OTHER THAN THOSE WORKING IN THE MEMBER STATES OR WITHIN THE COMMUNITY INSTITUTIONS WHOSE DUTIES REQUIRE THAT THEY HAVE ACCESS TO IT .
ARTICLE 18
MEMBER STATES SHALL FORWARD TO THE COMMISSION ALL NECESSARY INFORMATION RELATING TO RESEARCH INTO THE SITUATION REGARDING ENDANGERED SPECIES AND INTO METHODS OF CONTROLLING TRADE IN PARTS OR PRODUCTS OF ANIMALS AND PLANTS , SO THAT THE COMMISSION MAY , WHERE NECESSARY , TAKE SUITABLE STEPS TO COORDINATE SUCH RESEARCH .
IN THIS CONNECTION MEMBER STATES SHALL TAKE INTO ACCOUNT THE WORK OF ANY INTERNATIONAL ORGANIZATIONS ACTIVE IN THIS FIELD .
ARTICLE 19
A COMMITTEE ON THE CONVENTION ( HEREINAFTER REFERRED TO AS " THE COMMITTEE " ) IS HEREBY ESTABLISHED , CONSISTING OF REPRESENTATIVES OF THE MEMBER STATES AND PRESIDED OVER BY A REPRESENTATIVE OF THE COMMISSION .
ARTICLE 20
THE COMMITTEE SHALL EXAMINE ANY QUESTION RELATING TO THE APPLICATION OF THIS REGULATION RAISED BY ITS CHAIRMAN EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF THE REPRESENTATIVE OF A MEMBER STATE .
ARTICLE 21
1 . IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN PARAGRAPHS 2 AND 3 , THE COMMITTEE SHALL :
( A ) DETERMINE THE DESIGN OF THE DOCUMENTS REFERRED TO IN ARTICLES 10 AND 11 , THE MODEL OF THE LABELS REFERRED TO IN ARTICLE 12 AND THE MARKS , SEALS AND STAMPS REFERRED TO IN ARTICLE VI OF THE CONVENTION ;
( B ) LAY DOWN UNIFORM CONDITIONS FOR THE ISSUE OF THE DOCUMENTS REFERRED TO IN ARTICLES 10 AND 11 ;
( C ) ESTABLISH THE PRINCIPLES GOVERNING THE VALIDITY AND USE OF THE DOCUMENTS REFERRED TO IN ARTICLE 11 ( A ) AND THE GRANTING OF THE DEROGATIONS REFERRED TO IN ARTICLE 14 .
2 . THE REPRESENTATIVE OF THE COMMISSION SHALL SUBMIT TO THE COMMITTEE A DRAFT OF THE PROVISIONS TO BE ADOPTED . THE COMMITTEE SHALL DELIVER ITS OPINION ON THE DRAFT WITHIN THE TIME LIMIT SET BY THE CHAIRMAN , HAVING REGARD TO THE URGENCY OF THE MATTER CONCERNED . DECISIONS SHALL BE TAKEN BY A MAJORITY OF 45 VOTES , THE VOTES OF THE MEMBER STATES BEING WEIGHTED AS PROVIDED IN ARTICLE 148 ( 2 ) OF THE TREATY . THE CHAIRMAN SHALL NOT VOTE .
3 . ( A ) THE COMMISSION SHALL ADOPT THE PROVISIONS ENVISAGED IF THEY ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE .
( B ) IF THE PROVISIONS ENVISAGED ARE NOT IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE , OR IF NO OPINION IS DELIVERED , THE COMMISSION SHALL WITHOUT DELAY SUBMIT A PROPOSAL TO THE COUNCIL WITH REGARD TO THE PROVISIONS TO BE ADOPTED . THE COUNCIL SHALL ACT BY A QUALIFIED MAJORITY .
( C ) IF , WITHIN THREE MONTHS OF THE PROPOSAL BEING SUBMITTED OF IT , THE COUNCIL HAS NOT ACTED , THE PROPOSED PROVISIONS SHALL BE ADOPTED BY THE COMMISSION .
ARTICLE 22
EACH MEMBER STATE SHALL NOTIFY THE COMMISSION OF THE PROVISIONS WHICH IT ADOPTS FOR THE IMPLEMENTATION OF THIS REGULATION .
THE COMMISSION SHALL COMMUNICATE THIS INFORMATION TO THE OTHER MEMBER STATES .
ARTICLE 23
THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
ARTICLES 1 TO 17 SHALL APPLY FROM 1 JANUARY 1984 .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS , 3 DECEMBER 1982 .