COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 30 10 1996 
COM(96) 517 final-370 SYN 
Re-examined proposal for a 
COUNCIL REGULATION (EC) 
on the protection of species of wild fauna and flora 
by regulating trade therein 
(presented by the Commission pursuant to Article 189 c (d) 
of the EC Treaty) 

EXPLANATORY MEMORANDUM 
On 6 December 1991, the Commission made a proposal for a Council Regulation (EC) 
laying down provisions with regard to the possession of and trade in specimens of 
species of wild fauna and flora (Doc. COM(91) 448 final - SYN 370, OJ C26 of 3.2.92, 
p.1). 
The Economic and Social Committee adopted its opinion on 26 May 1992 (OJ C233 
of 31.8.92, p. 19). 
The European Parliament delivered its opinion on first reading on 21 June 1993 (OJ 
C194 of 19.6.93, p. 289). 
An amended Commission proposal was submitted to the Council on 21 January 1994 
(Doc. COM(93) 599 final - COD 370, OJ C131 of 12.5.94, p.1). 
The Council, having altered the legal basis of the proposal from Articles 100a and 113 
into Article 130s(1), reconsulted the European Parliament on this change in September 
1995. 
On 15 December 1995, the European Parliament delivered a positive opinion on the 
amended legal basis (OJ C17 of 22.1.96, p. 430). 
On 26 February 1996, the Council adopted Common Position (EC) No 26/96 with a 
view to adopting Council Regulation (EC) No ...796 on the protection of species of wild 
fauna and flora by regulating trade therein (OJ C196 of 6.7.96, p. 58). 
The European Parliament approved the Council's Common Position on 18 September 
1996, subject to 19 proposed amendments (Minutes of the Session of 18 September 
1996, PE 252.049, pp. 7-14). 
The Commission examined the amendments proposed by the European Parliament 
at second reading, the findings of which are given below: 
Amendments accepted by the Commission 
Amendment 10 on Article 8.3 specifies that exemptions from the prohibitions of Article 
8.1 can only be granted taking account of the provisions of Directives 79/409/EEC 
(Birds Directive) and 92/43/EEC (Fauna, flora and habitats Directive). However, rather 
than adhere to this limitative amendment, the Commission is of the opinion that 
exemptions should be in accordance with the requirements of other Community 
legislation on the conservation of wild fauna and flora. 
Amendment 13 on Article 8.4 is similar to amendment 10, here with regarr' 'r genera! 
derogations to be granted by the Commission. Also in this case a refe*" •".»"- r l!v-
requirements of other Community legislation on.the conservation cf wi!f i^r.j and 
flora is a useful addition to the provision concerned. 
Amendment 15 on Article 11.3 provides that Member States shall inform the 
Commission of recurring additional conditions and requirements imposed on permits 
and certificates so that their format may be adapted to practical needs. This is a useful 
addition that will contribute to the use of up-to-date forms for permits and certificates. 
Amendment 17 on the addition of a new paragraph 3 to Article 14 establishes the 
Enforcement Working Group as a subgroup of the Committee and outlines areas to 
be dealt with. It is indeed useful to formalize this Working Group, which was informally 
established by the Committee of Regulation 3626/82. 
Amendments 20 and 22 concern the reporting requirements of Article VI11.7. b of the 
Convention on legislative, regulatory and administrative measures taken for its 
implementation. This is indeed a useful addition to Article 15, not only in the context 
of evolving Community measures on the implementation of the Convention, but also 
to the implementation of the Regulation as such. 
Amendment 21 concerns the reference in Article 15.6 to Council Directive 90/313/EEC 
on the freedom of access to information on the Environment. It is true that the text of 
the Common Position gives the wrong impression that this Directive is about 
guaranteeing the confidentiality of information. The proposed amendment, however, 
misses the essential element that certain confidential information cannot be provided 
to third parties. The Commission therefore proposes to amend Article 15.6 by 
replacing "In accordance with Directive 90/313/EEC" to "Without prejudice to Directive 
90/313/EEC". 
Amendment 24 on Article 21.3 establishes a deadline for the Commission to carry out 
the check concerning imports of species included in Annex C1 to Regulation 3626/82 
that are now listed in Annex B or C, two months before the entry into force of the 
Regulation. It is further proposed to establish the same deadline for a Commission 
proposal for making Annex D a representative list of species in accordance with the 
criteria of Article 3.4(a). The proposals concerned are already in preparation and are 
planned to be adopted in early 1997. 
Amendments not accepted by the Commission 
The Commission cannot accept the following amendment proposals: 
1 This proposal for an amendment to recital 11 was linked to an amendment that 
was rejected by the Parliament. It is therefore without object. 
2 This proposal for a new recital is inappropriate as it not accompanied by an 
amendment to Article 18 that would ensure the desired democratic control by 
the European Parliament. Such an amendment would, in any event, not have 
been institutionally feasible. 
3 Would add a recital referring to Declaration 24 annexed to the Final Act of the 
Treaty on the establishment of the European Community concerning animal 
welfare. This Declaration, however, is not applicable to the policy area covered 
by the Regulation. 
4/5 Aim at the inclusion in Annex B of non-European bird species that are unlikely 
to survive transport or captivity for a considerable proportion of their potential 
lifespan. This proposal falls outside the scope of the Regulation as it is not 
related to the conservation status of the species concerned. The proposal is 
further unjustifiably restricted to exotic birds. 
8 Proposes additional housing conditions for imports of live animals listed in 
Annex A that are unrealistic. 
9 This proposal unnecessarily changes wording from Article IV.3 of the Conven­
tion; 
11 This amendment totally rules out the use of Annex A species for essential 
biomedical purposes and reduces their use for the advancement of science, 
whereas the conditions of the Regulation related to such uses are sufficiently 
strict. 
12 This amendment would make many captive breeding programmes in zoos 
impossible. 
16 The proposed wording to be added to Article 12.2 about the need to further the 
exchange of knowledge between Member States' experts and with those of the 
Parties to the Convention cannot be part of a Regulation. 
23 The proposed requirement to consult countries of origin about amendments to 
the Annexes would seriously affect the speed with which species listings can 
take place. In addition, the proposal only relates to amendments to Annexes B 
to C and not to Annex A. Consultation of countries of origin is furthermore 
foreseen in Article 4.6. 
Based on its acceptance of certain amendment proposals from the European 
Parliament, and in accordance with Article 189C(d) of the EC Treaty, the Commission 
submits the annexed proposals to amend the text of the Common Position to the 
Council. 
RE-EXAMINED PROPOSAL FOR A 
COUNCIL REGULATION 
ON THE PROTECTION OF SPECIES OF WILD FAUNA AND FLORA 
BY REGULATING TRADE THEREIN 
(presented by the Commission pursuant to Article 189C(d) of the EC Treaty) 
COMMON POSITION 
Article 8.3 AMENDED TEXT 
Exemption from the prohibitions 
referred to in paragraph 1 may be 
granted by issuance of a certificate to 
that effect by a management authority 
of the Member State in which the 
specimens are located, on a case-by-
case basis where the specimens: In accordance with the requirements of 
other Community legislation on the 
conservation of wild fauna and flora. 
exemption from the prohibitions 
referred to in paragraph 1 may be 
granted by issuance of a certificate to 
that effect by a management authority 
of the Member State in which the 
specimens are located, on a case-by-
case basis where the specimens: 
Article 8.4 
General derogations from the prohib­
itions referred to in paragraph 1 based 
on the conditions referred to in para­
graph 3, as well as genera! derogations 
with regard to species listed in Annex 
A in accordance with Article 3(1)(b)(ii) 
may be defined by the Commission in 
accordance with the procedure laid 
down in Article 18. General derogations from the prohib­
itions referred to in paragraph 1 based 
on the conditions referred to in para­
graph 3, as well as general derogations 
with regard to species listed in Annex 
A in accordance with Article 3(1)(b)(ii) 
may be defined by the Commission in 
accordance with the procedure laid 
down in Article 18. 
Any such derogations must be in 
accordance with the requirements of 
other Community legislation on the 
conservation of wild fauna and flora. 
Article 11.3 
Any permit or certificate issued in 
accordance with this Regulation may 
stipulate conditions and requirements 
imposed by the issuing authority to 
ensure compliance with the provisions 
thereof. Any permit or certificate issued in 
accordance with this Regulation may 
stipulate conditions and requirements 
imposed by the issuing authority to 
ensure compliance with the provisions 
thereof. Where such conditions or 
requirements need to be incorporated 
in the design of permits or certificates, 
Member States shall inform the Com­
mission thereof. 
k 
Article 14.3 (new) (a) An Enforcement Working Group 
shall be established as a subgroup of 
the Committee referred to in Article 18. 
consisting of the representatives of 
each Member State's authorities with 
responsibility for monitoring compliance 
with the provisions of this Regulation. 
The Working Group shall be chaired by 
the representative of the Commission. 
(b) The Enforcement Working Group 
shall examine any technical question 
relating to the enforcement of this 
Regulation raised by the chairman, 
either on his own initiative or at the 
request of the members of the Group 
or the Committee. 
Article 15.4 (a) 
The management authorities of the 
Member States shall communicate to 
the Commission before 15 June each 
year all the information relating to the 
preceding year required for drawing up 
the reports referred to in Article VI11.7 
of the Convention and equivalent infor­
mation on international trade in all 
specimens of species listed in Annexes 
A, B and C and on introduction into the 
Community of specimens of species 
listed in Annex D. The information to 
be communicated and the format for its 
presentation shall be specified by the 
Commission in accordance with the 
procedure laid down in Article 18. (c) The Commission shall convey the 
opinions of the Enforcement Working 
Group to the Committee. 
The management authorities of the 
Member States shall communicate to 
the Commission before 15 June each 
year all the information relating to the 
preceding year required for drawing up 
the reports referred to in Article 
VI11.7 (ai of the Convention and equiv­
alent information on international trade 
in all specimens of species listed in 
Annexes A, B and C and on introduc­
tion into the Community of specimens 
of species listed in Annex D. The infor­
mation to be communicated and the 
format for its presentation shall be 
specified by the Commission in accord­
ance with the procedure laid down in 
Article 18. 
Article 15.4 (c) and (d) (new) 
Article 15.6 
In accordance with Council Directive 
90/313/EEC of 7 June 1990 on the 
freedom of access to information on 
the environment, the Commission shall 
take appropriate measures to protect 
the confidentiality of information 
obtained in implementation of this 
Regulation. 
Article 19.2 (ç) Without prejudice to the provision of 
Article 20. the management authorities 
of the Member States shall before 15 
June of each second year, and for the 
first time in 1999. communicate to the 
Commission all the information relating 
to the preceding two years required for 
drawing up the reports referred to in 
Article VIII.7 (b) of the Convention and 
equivalent information on the 
provisions of this Regulation that fall 
outside the scope of the Convention. 
The information to be communicated 
and the format for its presentation shall 
be specified by the Commission in 
accordance with the procedure laid 
down in Article 18. 
(d) On the basis of the information 
referred to in (c). the Commission shall 
before 31 October of each second 
year, and for the first time in 1999. 
draw up a report on the implementation 
and enforcement of this Regulation. 
Without prejudice to Council Directive 
90/313/EEC of 7 June 1990 on the 
freedom of access to information on 
the environment, the Commission shall 
take appropriate measures to protect 
the confidentiality of information 
obtained in implementation of this 
Regulation. 
adopt the measures referred to in 
Article 4(6) and (7), Article 5(5) and 
(7)(b), Article 7(1)(c), (2)(c) and (3), 
Article 8(4), Article 9(6), Article 11(5), 
Article 15(4)(a) and' (5) and Article 
21(3); adopt the measures referred to in 
Article 4(6) and (7), Article 5(5) and 
(7)(b), Article 7(1 )(c), (2)(c) and (3), 
Article 8(4), Article 9(6), Article 11(5), 
Article 15(4)(a), (c) and (5) and Article 
21(3); 
h 
Article 21.3 
Before this Regulation is implemented 
the Commission, in accordance with 
the procedure laid down in Article 18 
and in consultation with the Scientific 
Review Group, must check that there is 
no justification for restrictions on the 
introduction into the Community of the 
species listed in Annex C1 to Regula­
tion (EEC) No 3626/82 which are not 
included in Annex A to this Regulation. Two months before this Regulation is 
implemented, the Commission in 
accordance with the procedure laid 
down in Article 18 and in consultation 
with the Scientific Review Group: 
(a) must check that there is no 
justification for restrictions on the 
introduction into the Community of the 
species listed in Annex C1 to 
Regulation (EEC) No 3626/82 which 
are not included in Annex A to this 
Regulation; 
(b) shall adopt a Regulation amending 
Annex D into a representative list of 
species meeting the criteria laid down 
in Article 3.4(a). 
ISSN 0254-1475 
COM(96) 517 final 
DOCUMENTS 
EN 14 
Catalogue number : CB-CO-96-522-EN-C 
ISBN 92-78-10356-X 
Office for Official Publications of the European Communities 
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