COMMISSION REGULATION (EC) No 250/1999 of 2 February 1999 amending Regulation (EC) No 2473/98 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), as last amended by Commission Regulation (EC) No 2214/98 (2), and in particular point 2 of Article 19 thereof,

After consulting the Scientific Review Group,

Whereas Article 4(6) of Regulation (EC) No 338/97 provides for the establishment by the Commission of general restrictions, or restrictions relating to certain countries of origin, on the introduction into the Community of specimens of species listed in its Annexes A and B and lays down the criteria for such restrictions;

Whereas the list of these restrictions has been published in Commission Regulation (EC) No 2473/98 (3); whereas this list must now be amended;

Whereas point (c) of Article 4(6) of Regulation (EC) No 338/97 provides for the establishment by the Commission of restrictions on the introduction into the Community of live specimens of species listed in its Annex B for which it has been established that they are unlikely to survive in captivity for a considerable proportion of their potential life span;

Whereas Article 41 of Commission Regulation (EC) No 939/97 (4), as last amended by Regulation (EC) No 1006/98 (5), lays down provisions for the implementation by the Member States of the restrictions established by this Regulation;

Whereas 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

The Annex to Regulation (EC) No 2478/98 is hereby amended as follows:

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13. the following is inserted after the entry 'Gopherus polyphemus`:

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14. the following entry is inserted after the entry 'Manouria impressa`:

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Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 February 1999.

For the Commission

Ritt BJERREGAARD

Member of the Commission

(1) OJ L 61, 3. 3. 1997, p. 1.

(2) OJ L 279, 16. 10. 1998, p. 3.

(3) OJ L 308, 18. 11. 1998, p. 18.

(4) OJ L 140, 30. 5. 1997, p. 9.

(5) OJ L 145, 15. 5. 1998, p. 3.