Opinion of the Advocate General — ECLI:EU:C:2001:77
Date: 2001-02-06
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Free movement of goods;Measures having equivalent effect;Quantitative restrictions
Procedure: Reference for a preliminary ruling
Origin: France

Summary of the Judgment 
1. Environment — International trade in endangered species of wild fauna and flora — 
Species covered by Appendix I to the Washington Convention or Annex A to 
Regulation No 338/97 — General prohibition in the territory of a Member State of all 
commercial use of captive born and bred specimens — Whether permissible 
(Council Regulations No 3626/82 and No 338/97, Annex A) 
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SUMMARY — CASE C-510/99 
2. Environment — International trade in endangered species of wild fauna and flora — 
Species covered by Appendix II to the Washington Convention or Annex B to 
Regulation No 338/97 — Commercial use of specimens of those species — Whether 
permissible — Conditions — General prohibition in the territory of a Member State 
of all use of captive born and bred specimens of those species imported from other 
Member States — Not permissible — Condition 
(EC Treaty, Art. 36 (now, after amendment, Art. 30 EC); Council Regulations 
No 3626/82, Arts 6(2) and 15, and No 338/97, Art. 8(5) and Annex B) 
1. As regards species covered by Appen­
dix I to the Convention on interna­
tional trade in endangered species of 
wild fauna and flora, concluded in 
Washington on 3 March 1973, Regula­
tion No 3626/82 on the implementa­
tion in the Community of the Conven­
tion on international trade in endan­
gered species of wild fauna and flora 
must be interpreted as not precluding 
legislation of a Member State which 
lays down a general prohibition in its 
territory of all commercial use of 
captive born and bred specimens. 
As regards species covered by Annex A 
to Regulation No 338/97 on the pro­
tection of species of wild fauna and 
flora by regulating trade therein, that 
regulation must be interpreted as not 
precluding legislation of a Member 
State which lays down a general pro­
hibition in its territory of all commer­
cial use of captive born and bred 
specimens. 
(see para. 41 and operative part 1) 
2. As regards species covered by Appen­
dix II to the Convention on interna­
tional trade in endangered species of 
wild fauna and flora, concluded in 
Washington on 3 March 1973, Regula­
tion No 3626/82 on the implementa­
tion in the Community of the Conven­
tion on international trade in endan­
gered species of wild fauna and flora 
does not prohibit the commercial use of 
those species, apart from the case 
referred to in Article 6(2) of that reg­
ulation where the specimens have been 
introduced contrary to Article 5 of the 
regulation, paragraph 1 of which pre­
scribes inter alia that the introduction 
into the Community of those specimens 
is to be subject to presentation of an 
import permit or import certificate at 
the customs office at which the cus­
toms formalities are completed. 
As regards species covered by Annex B 
to Regulation No 338/97 on the pro­
tection of species of wild fauna and 
flora by regulating trade therein, that 
regulation does not prohibit the com­
mercial use of specimens of those 
species, provided that the conditions 
laid down in Article 8(5) are met, that 
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TRIDON 
is to say, it is proved to the satisfaction 
of the competent authority of the 
Member State concerned that such 
specimens were acquired and, if they 
originated outside the Community, 
were introduced into it, in accordance 
with the legislation in force for the 
conservation of wild fauna and flora. 
Those regulations preclude legislation 
of a Member State imposing a general 
prohibition in its territory of all com­
mercial use of captive born and bred 
specimens of those species, in so far as 
it applies to specimens imported from 
other Member States, if it is apparent 
that the objective of protection of the 
latter, as referred to in Article 15 of 
Regulation No 3626/82 or Article 36 
of the EC Treaty (now, after amend­
ment, Article 30 EC), may be achieved 
just as effectively by measures which 
are less restrictive of intra-Community 
trade. 
(see para. 60 and operative part 2) 
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