EN Official Journal of the European Union L 238/3

COMMISSION REGULATION (EC) No 1037/2007

of 29 August 2007

suspending the introduction into the Community of specimens of certain species of wild fauna and flora

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (1) and in particular Article 19(2) thereof,

After consulting the Scientific Review Group,

Whereas:

(1) Article 4(6) of Regulation (EC) No 338/97 provides that the Commission may establish restrictions to the introduction of certain species into the Community in accordance with the conditions laid down in points (a) to (d) thereof. Furthermore, implementing measures for such restrictions have been laid down in Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 of the protection of species of wild fauna and flora by regulating trade therein (2).

(2) A list of species for which the introduction into the Community is suspended was established in Commission Regulation (EC) No 349/2003 of 25 February 2003 suspending the introduction into the Community of specimens of certain species of wild fauna and flora (3).

(3) The enlargement of the European Union to 27 Member States from 1 January 2007 requires that all pre-existing suspensions in respect of species originating from the new Member States be deleted from that list.

(4) On the basis of recent information, the Scientific Review Group has concluded that the conservation status of certain species listed in Annexes A and B to Regulation (EC) No 338/97 will be seriously jeopardised if their introduction into the Community from certain countries of origin is not suspended. The introduction of the following species should therefore be suspended: Capra falconeri from Uzbekistan (hunting trophies); Manis temminckii from Democratic Republic of the Congo; Hieraaetus ayresii, Polemaetus bellicosus, Sagittarius serpentarius, Poicephalus gulielmi, Glaucidium perlatum, Scotopelia bouvieri and Chamaeleo montium from Cameroon; Torgos tracheliotus from Cameroon and Sudan; Coracopsis vasa from Madagascar; Otus leucotis from Guinea; Geochelone sulcata from Togo (ranched specimens); Pelochelys cantorii, Hippocampus barbouri, H. comes, H. histrix and H. spinosissimus from Indonesia; Strombus gigas from Grenada; Agaricia agaricites from Haiti; Platygyra sinensis from Tonga; Dendrobium bellatulum, D. wardianum and Phalaenopsis parishii from Vietnam.

(5) The Scientific Review Group has also concluded that, on the basis of the most recent available information, the suspension of the introduction into the Community of the following species should no longer be required: Kinixys erosa from Togo; Phelsuma minuthi and Furcifer pardalis (ranched specimens) from Madagascar; Chamaeleo gracilis (ranched specimens with snout to vent length lesser than 8 cm), Chamaeleo senegalensis (ranched specimens with snout to vent length lesser than 6 cm) and Varanus exanthematicus (ranched specimens smaller than 35 cm in length) from Togo; Strombus gigas from Antigua and Barbuda, Barbados, Dominica, Trinidad and Tobago; Galanthus nivalis from Bulgaria; Pericopsis elata from Central African Republic and Republic of Congo; Ophrys insectifera, O. sphegodes, Orchis papilionacea and O. simia from Romania.

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

(7) The list of species for which the introduction into the Community is suspended should therefore be amended. In view of the number of previous amendments, Regulation (EC) No 349/2003 should be, for clarity reasons, replaced.

(8) The measures provided for in this Regulation are in accordance with the opinion of the Committee on Trade in Wild Fauna and Flora,

HAS ADOPTED THIS REGULATION:

Article 1

Subject to the provisions of Article 71 of Regulation (EC) No 865/2006, the introduction into the Community of specimens of the species of wild fauna and flora listed in the Annex to this Regulation is hereby suspended.

Article 2

Regulation (EC) No 349/2003 is repealed.

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

Article 3

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 29 August 2007. For the Commission Stavros DIMAS Member of the Commission

(1) OJ L 61, 3.3.1997, p. 1. Regulation as last amended by Commission Regulation (EC) No 1332/2005 (OJ L 215, 19.8.2005, p. 1).

(2) OJ L 166, 19.6.2006, p. 1.

(3) OJ L 51, 26.2.2003, p. 3. Regulation as last amended by Regulation (EC) No 1792/2006 (OJ L 362, 20.12.2006, p. 1).