Opinion of the Advocate General — ECLI:EU:C:2003:293
Date: 2003-05-15
Language of the case: Swedish
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;External relations;Commercial policy
Procedure: Reference for a preliminary ruling
Origin: Sweden

SUMMARY — CASE C-154/02 
Summary of the Judgment 
1. Environment — International trade in endangered species of wild fauna and flora — 
Regulation No 338/97 — Exemptions from prohibitions on commercial activities — 
Worked specimens — Definition — Stuffed animals — Covered 
(Council Regulation No 338/97, Arts 2(w) and 8(3)(b)) 
2. Environment — International trade in endangered species of wild fauna and flora — 
Regulation No 338/97 — Interpretation in the light of the Washington Convention 
(Council Regulation No 338/97) 
3. Environment — International trade in endangered species of wild fauna and flora — 
Regulation No 338/97 — Exemptions from prohibitions on commercial activities — 
Worked specimens acquired more than 50 years previously — Definition of acquisi­
tion — Scope — Specimens first acquired more than SO years previously but then the 
subject of a new acquisition — Covered 
(Council Regulation No 338/97, Art. 8(3)(b)) 
4. Environment — International trade in endangered species of wild fauna and flora — 
Regulation No 338/97 — Exemptions from prohibitions on commercial activities — 
Worked specimens acquired more than 50 years previously — Finding by the 
management authority of the Member State — Requirement 
(Council Regulation No 338/97, Art. 8(3)(b); Commission Regulation No 1808/2001, 
Art. 32, second para.) 
1. Art ic les 2(w) and 8(3)(b) of 
Regulation No 338/97 on the protec­
tion of species of wild fauna and flora 
by regulating trade therein, as amended 
by Regulation No 2307/97, are to be 
interpreted as meaning that the animals 
referred to in Annex A to that regu­
lation but which have been stuffed fall 
within the definition of 'worked speci­
mens' for the purposes of those provi­
sions. 
(see para. 34, operative part 1) 
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NILSSON 
2. Regulation No 338/97 on the protec­
tion of species of wild fauna and flora 
by regulating trade therein, as amended 
by Regulation No 2307/97, is to apply, 
under the second paragraph of Article 1 
thereof, in compliance with the objec­
tives, principles and provisions of the 
Convention on International Trade in 
Endangered Species of Wild Flora and 
Fauna, which was signed in Washing­
ton on 3 March 1973. Although the 
Community is not a party to that 
convention, the Court cannot disregard 
those elements, in so far as they have to 
be taken into account in order to 
interpret the provisions of that regu­
lation. 
(see para. 39) 
3. Article 8(3)(b) of Regulation No 338/97 
on the protection of species of wild 
fauna and flora by regulating trade 
therein, as amended by Regulation 
No 2307/97, must be interpreted as 
meaning that receiving specimens as a 
gift or inheriting them, or killing ani­
mals and then taking them into one's 
possession, makes them 'acquired' 
within the meaning of that provision. 
The concept of 'acquired' for the pur­
poses of Article 8(3)(b) concerns any 
taking into possession with a view to 
personal possession. 
Moreover, it is not necessary that the 
person who acquired the specimen 
more than 50 years previously be the 
present owner. Article 8(3)(b) of thai-
regulation must be interpreted as 
meaning that it also applies to worked 
specimens which were first acquired 
before 3 March 1947 and which were 
the subject of a new acquisition there­
after, since the purpose of that provi­
sion is to exclude old items, that is, 
worked specimens created before 
3 March 1947, from the scope of the 
prohibitions provided for in Article 8(1) 
of that regulation. 
(see paras 41-45, operative part 2) 
4. Notwithstanding the provision in the 
second paragraph of Regulation 
No 1808/2001 laying down detailed 
rules concerning the implementation of 
Regulation No 338/97, Article 8(3)(b) 
of the latter regulation must be inter­
preted as meaning that the manage­
ment authority of the Member State 
concerned must have been able to 
ascertain that the specimen in question 
was acquired in accordance with the 
conditions laid down in Article 2(w) of 
Regulation No 338/97, as amended by 
Regulation No 2307/97. 
(see para. 51, operative part 3) 
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