EN Official Journal of the European Union L 211/11

COMMISSION IMPLEMENTING REGULATION (EU) No 828/2011

of 17 August 2011

suspending 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 19(1) 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 Union 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 Union is suspended was established in Commission Regulation (EU) No 997/2010 of 5 November 2010 suspending the introduction into the Union of specimens of certain species of wild fauna and flora (3).

(3) On the basis of recent information, the Scientific Review Group has concluded that the conservation status of Sagittarius serpentarius, listed in Annex B to Regulation (EC) No 338/97, will be seriously jeopardised if its introduction into the Union from Tanzania is not suspended. The introduction of Sagittarius serpentarius from Tanzania should therefore be suspended.

(4) The Scientific Review Group has also concluded that, on the basis of the most recent available information, the suspension of the introduction into the Union of the following species should no longer be required: — Lynx lynx (Hunting trophies) from Azerbaijan; — Hexaprotodon liberiensis from Guinea; — Moschus anhuiensis, Moschus berezovskii, Moschus chrysogaster, Moschus fuscus and Moschus moschiferus from China; — Uromastyx aegyptia from Egypt; — Chamaeleo ellioti from Burundi; — Chamaeleo pfefferi from Cameroon; — Varanus exanthematicus (ranched specimens lesser than or equal to 35 cm total length), Varanus niloticus (ranched specimens lesser than or equal to 35 cm total length) and Kinixys belliana (ranched specimens lesser than or equal to 5 cm straight carapace length) from Benin; — Varanus niloticus from Burundi and Mozambique; — Varanus salvator from China, India and Singapore; — Python reticulatus from India and Singapore; — Aldabrachelys gigantea from the Seychelles; — Geochelone elegans from Pakistan; — Geochelone platynota from Myanmar; — Indotestudo elongata from Bangladesh, China and India.

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

(6) The species names for Pachypodium sofiense and Euphorbia suzannae-marnierae have been adapted to latest official CITES references. Technical errors under the phylum MOLLUSCA have been corrected as well.

(7) The list of species for which the introduction into the Union is suspended should therefore be amended and Regulation (EU) No 997/2010 should be, for reasons of clarity, 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 Union of specimens of the species of wild fauna and flora listed in the Annex to this Regulation is suspended.

Article 2

Regulation (EU) No 997/2010 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 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, 17 August 2011. For the Commission The President José Manuel BARROSO

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

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

(3) OJ L 290, 6.11.2010, p. 4.