EN Official Journal of the European Union L 117/25

COMMISSION IMPLEMENTING REGULATION (EU) 2015/736

of 7 May 2015

prohibiting the introduction into the Union of specimens of certain species of wild fauna and flora

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (1), and in particular Article 4(6) thereof,

Whereas:

(1) Article 4(6) of Regulation (EC) No 338/97 provides that the Commission may establish restrictions to the introduction of specimens of certain species into the Union in accordance with the conditions laid down in points (a) to (d) thereof.

(2) The list of species for which the introduction into the Union is prohibited was last established in August 2014 by Commission Implementing Regulation (EU) No 888/2014 (2).

(3) On the basis of recent information, the Scientific Review Group has concluded that the conservation status of certain additional species listed in Annex B to Regulation (EC) No 338/97 would be seriously jeopardised if their introduction into the Union from certain countries of origin is not prohibited. The introduction into the Union of specimens of the following genus should therefore be prohibited: — Scolymia spp. from Tonga.

(4) The Scientific Review Group has also concluded that, on the basis of the most recent available information, the prohibition of the introduction into the Union should no longer be required for specimens of the following species: — Hippopotamus amphibius from Cameroon, Gambia, Niger, Nigeria, Sierra Leone and Togo; — Crocodylus niloticus from Madagascar; — Catalaphyllia jardinei, Euphyllia cristata, Plerogyra sinuosa, Plerogyra turbida, Eguchipsammia fistula, Heliofungia actiniformis, Hydnophora microconos, Blastomussa wellsi, Scolymia vitiensis and Trachyphyllia geoffroyi from Indonesia.

(5) The Scientific Review Group has moreover concluded that, on the basis of the most recent available information, the scope of the prohibition of the introduction into the Union should be amended for specimens of the following species, so that this prohibition only applies to live corals, with the exception of maricultured specimens attached to artificial substrates: — Euphyllia divisa, Euphyllia fimbriata, Euphyllia paraancora, Euphyllia paradivisa and Euphyllia yaeyamaensis from Indonesia.

(6) The countries of origin of the species which are subject to new restrictions to the introduction into the Union have all been consulted.

(7) The list of species for which the introduction into the Union is prohibited should therefore be updated and Implementing Regulation (EU) No 888/2014 should, for reasons of clarity, be replaced.

(8) The Scientific Review Group established pursuant to Article 17 of Regulation (EC) No 338/97 has been consulted.

(9) Applications for import permits for specimens of species for which import is restricted pursuant to Article 4(6) of Regulation (EC) No 338/97 shall be treated by Member States in accordance with Article 71 of Commission Regulation (EC) No 865/2006 (3).

(10) The measures provided for in this Regulation are in accordance with the opinion of the Committee on Trade in Wild Fauna and Flora established pursuant to Article 18 of Regulation (EC) No 338/97,

HAS ADOPTED THIS REGULATION:

Article 1

The introduction into the Union of specimens of the species of wild fauna and flora set out in the Annex to this Regulation from the countries of origin indicated therein is prohibited.

Article 2

Implementing Regulation (EU) No 888/2014 is repealed.

References to the repealed Implementing Regulation shall be construed as references to this Regulation.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 May 2015. For the Commission The President Jean-Claude JUNCKER

(1) OJ L 61, 3.3.1997, p. 1.

(2) Commission Implementing Regulation (EU) No 888/2014 of 14 August 2014 prohibiting the introduction into the Union of specimens of certain species of wild fauna and flora (OJ L 243, 15.8.2014, p. 21).

(3) Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 166, 19.6.2006, p. 1).