EN Official Journal of the European Union L 43/3

COMMISSION REGULATION (EC) No 252/2005

of 14 February 2005

amending Regulation (EC) No 349/2003 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, point 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.

(2) A list of species, for which the introduction into the Community is suspended, was last 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 (2).

(3) The enlargement of the European Union to 25 Member States from 1 May 2004 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 Council Regulation (EC) No 338/97 will be seriously jeopardised if their introduction into the Community from certain countries of origin is not suspended, these species and their countries of origin being the following: — Blastomussa spp., Cynarina lacrymalis, Plerogyra spp., Trachyphyllia geoffroyi from Indonesia (all specimens except maricultured specimens attached to artificial substrates) — Chamaeleo gracilis from Benin (wild and ranched specimens) — Euphorbia bulbispina and Euphorbia guillauminiana from Madagascar — Geochelone pardalis from Mozambique (ranched specimens) — Mantella aurantiaca, Pachypodium rosulatum, Pachypodium sofiance from Madagascar — Naja spp. from Lao People’s Democratic Republic — Psittacus erithacus from Nigeria — Ursus arctos from the province of British Columbia, Canada (hunting trophies).

(5) The Scientific Review Group has also concluded that the suspension of the introduction into the Community of the species Psittacus erithacus from the Democratic Republic of the Congo is no longer warranted by virtue of its conservation status.

(6) The Scientific Review Group has concluded that the introduction into the Community of Chrysemys picta and Oxyura jamaicensis presents an ecological threat to wild species of fauna and flora indigenous to the Community and should therefore be suspended.

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

(8) Article 41 of Commission Regulation (EC) No 1808/2001 of 30 August 2001, 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 (3), contains provisions for the implementation by the Member States of the restrictions established by the Commission.

(9) The Annex to Regulation (EC) No 349/2003 should therefore be amended accordingly, and for clarity purposes, replaced.

(10) 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 349/2003 is replaced by the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third 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, 14 February 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 61, 3.3.1997, p. 1. Regulation as last amended by Commission Regulation (EC) No 834/2004 (OJ L 127, 29.4.2004, p. 40).

(2) OJ L 51, 26.2.2003, p. 3. Regulation as last amended by Commission Regulation (EC) No 776/2004 (OJ L 123, 27.4.2004, p. 31).

(3) OJ L 250, 19.9.2001, p. 1.