9. 6. 81 Official Journal of the European Communities No C 138/5 
Opinion on the proposal for a Council Regulation on the implementation in the 
Community of the Convention on international trade in endangered species of wild fauna 
and flora 
The text referred to the Committee has been published in Official Journal of the 
European Communities No C 243 of 23 September 1980, page 2. 
A. LEGAL BASIS FOR THE OPINION 
On 11 August 1980 the Council referred the abovementioned proposal to the Economic 
and Social Committee in accordance with Article 198 of the Treaty establishing the 
European Economic Community. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee prepared its opinion on the above matter at its 
185 th plenary session held in Brussels on 25 and 26 February 1981. 
The full text of the opinion is as follows: 
THE ECONOMIC AND SOCIAL COMMITTEE, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 198 thereof, 
Having regard to the request made by the Council of 
the European Communities on 11 August 1980 for an 
opinion on the proposal for a Council Regulation on 
the implementation in the Community of the 
Convention on international trade in endangered 
species of wild fauna and flora (l), 
Having regard to the decision taken by its chairman 
on 10 September 1980 instructing the Section for 
Protection of the Environment, Public Health and 
Consumer Affairs to draw up an opinion on the 
matter, 
Having regard to the opinion issued by the 
abovementioned Section at its meeting on 3 February 
1981, 
Having regard to the oral report made by the 
rapporteur, Mrs Clark, 
Having regard to the discussions at its 185th plenary 
session held on 25 and 26 February 1981 (meeting of 
25 February 1981), 
Whereas in its opinion of 30 September 1976 it 
unanimously approved the second Community 
action programme on the environment (2); Whereas in its opinion of 25 May 1977 it 
unanimously welcomed the general principles for 
safeguarding the environment and the conservation 
of the common heritage of the birds of Europe (3); 
Whereas in its opinion of 24 October 1979 it 
unanimously welcomed the Community's accession 
to the Convention on the conservation of European 
wildlife and natural habitats (4); 
Whereas in its opinion of 24 September 1980 it 
unanimously welcomed the Community's measures 
for the conservation of whales, 
HAS ADOPTED THE FOLLOWING OPINION 
by a large majority (one vote against): 
General comments 
1.1. The Committee welcomes the proposal for the 
implementation of the Convention on international 
trade in endangered species (hereafter called Cites) in 
the Community. 
1.2. The Committee recognizes that Cites is 
intended to protect endangered species of wild flora 
and fauna by regulating international trade in the 
species. The Committee regrets that although all 
Member States have individually signed Cites, not all 
(!) OJ No C 243, 22. 9. 1980, p. 16. 
(2) OJ No C 281, 27. 11. 1976. (3) OJ NoC 152,29.6. 1977. 
(4) OJ No C 53, 3. 3. 1980. 
No C 138/6 Official Journal of the European Communities 9. 6. 81 
Member States have yet ratified the Convention. 
Accession and application by the Community are 
therefore of importance in controlling trade in 
endangered species. 
2.1. The Committee believes that accession to Cites 
fulfils the principles of Article 2 of the Treaty, in that 
it will promote a harmonious development of 
economic activities in the Community in the 
particular field covered by the Regulation. 
2.2. The Committee also believes that while 
national measures fail to be harmonized there is 
danger of distortion of competition within the 
Community. It would draw attention to its opinion of 
30 September 1976, where the Committee 
unanimously agreed that the Community's policy 
and action programme on the environment was 
correct in stressing that the protection of wild flora 
and fauna is a matter for the Community as a 
whole. 
3.1. The Committee believes that the measures laid 
down by Cites should be seen as minimum, and 
would invite the Community and Member States to 
go further in conserving species of wild flora and 
fauna, as is specifically allowed for in Article XIV (1) 
of Cites; it points, as an excellent example, to the 
Directive on the conservation of the common 
heritage of the birds of Europe passed on 2 April 
1979, which explicitly allows Member States to 
impose stricter conservation measures as the ones 
agreed upon in the Directive (Article 14). 
3.2. The Committee notes that reserves have been 
notified by three Member States, and considers that 
these Member States should drop the reserves as soon 
as possible, and in any case before the Council 
Regulation comes into force. The Regulation will not 
be enforceable, in fact, as presently envisaged, if the 
reserves are not dropped. 
4.1. The Committee recognizes that certain species 
threatened with extinction may be affected by trade, 
and that trade in specimens of these species must be 
subject to particularly strict regulation, under 
Appendix 1 of Cites. This is necessary to ensure their 
future survival, and trade in these species must only 
be authorized in exceptional circumstances. 
4.2. The Committee also recognizes that there are 
other species which although not necessarily now 
threatened with extinction, may become so unless 
trade in them is subject to strict regulation under 
Appendix 2 of Cites. Trade should therefore be 
regulated in order to avoid use incompatible with 
their survival. 
4.3. The Committee agrees that Appendix III of 
Cites should contain the main species threatened by 
illegal exploitation within the territories of the contracting parties mentioned, and in respect of 
which the cooperation of the other parties to the 
Convention is required to control the trade. 
Specific comments 
Article 2 
The Committee notes that specimens subject to the 
Regulation are those belonging to the species listed in 
the Appendices 1 to 3, and welcomes the extention to 
those specimens which are identified by 
accompanying documents, packaging or mark or 
label which identify goods as being parts or 
derivatives of animals of these species. This is 
particularly important where buyers may not be 
aware that goods may include such parts or 
derivatives. 
The Committee welcomes the inclusion in the draft 
Regulation of merchandise which, although not 
listed in the Appendices, is derived from endangered 
species. These include certain furskins and hides, 
trophies, tusks, leathers treated with oils derived 
from endangered species, feathers, plumes, shells 
and other parts and derivatives not immediately 
recognizable as coming from endangered species. 
Article 3 
In accordance with its opinion of 24 September 1980 
on the Community's measure for the conservation of 
whales, the Committee welcomes the inclusion of 
whale products in Appendix 1 of Cites in relation to 
introduction into the Community of such products. 
Article 4 
With regard to the customs formalities and permits 
required under the draft Regulation, the Committee 
welcomes the duty placed upon the person 
introducing such specimens covered by Cites when 
such specimens are introduced into the Community. 
The Committee would, however, urge that customs 
officials in the Community should be given all 
possible assistance to carry out their duties when 
relevant specimens arrive into the Community, or are 
despatched to destinations outside the Community. 
9. 6. 81 Official Journal of the European Communities No C 138/7 
The Committee is concerned that the derogation 
allowed in Article 4 (4) of the draft Regulation, for 
specimens in transit should not lead to abuse. It notes 
that for articles entering or leaving the Community 
two permits are needed: one from the management 
authority of the exporting State, the other an import 
permit (under Article 9) common throughout the 
Community. When goods are in customs transit, 
however, only an export permit issued by the 
management authority of the exporting state will be 
required. At present there are over 60 members of 
Cites, and therefore 60 different export permits and 
management authorities. This question is particularly 
relevant where the transit of live animals is 
concerned, and there may be a defect in the export 
permit from the exporting State. 
Although Cites itself provides for rescue centres for 
the welfare of living specimens, particularly those 
that have been confiscated (Article VIII — Measures 
to be taken by the parties, Cites), the draft Regulation 
makes no reference to these measures. The 
Committee is concerned that there should be uniform 
provision throughout the Community of such 
measures, and although it understands that accession 
to Cites by the Community binds all members to all 
the provisions of the Convention, it would ask the 
Council to consider uniform action on the part of the 
Community in this particular field. 
The Committee would also wish to limit any use of 
'free zones' for live specimens, as it feels the inclusion 
of customs transit procedures makes such zones 
unnecessary. 
Article 5 
The Committee welcomes the prohibition of the 
display to the public, sale, keeping for sale, offering 
for sale or transporting for sale any of the specimens 
covered by the Appendices (subject, of course, to 
exemptions granted by the competent authority of a 
Member State), this provision will ensure that any 
specimens which may pass customs checks will still 
be controlled by the draft Regulation. 
Article 6 
With regard to the communication by the competent 
authorities of information required for drawing up 
the statistics and reports referred to in the 
Convention, the Committee welcomes the fact that 
such statistics will be public and available to any 
interested body. Article 8 
In Article 8 of the draft Regulation reference is made 
to the fact that permits and certificates issued by a 
Member State shall be valid throughout the 
Community. There is a need, however, to protect 
certain threatened species, which are found within 
the Community, but which are not listed in Appendix 
I, by controlling internal trade in, or possession of, 
these species. 
Article 9 
The Committee welcomes the distinction between 
import permit FFI for specimens listed on 
Appendix 1 and their derivatives listed on Appendix 
2, as it is these specimens which are most at risk. It 
would ask that the customs authorities and 
competent authorities pay particular attention to the 
granting and recording of such permits. 
Article 10 
The Committee would encourage scientific work 
designed to protect and improve the status of 
endangered species, and therefore agrees that 
exemptions should be granted to allow work in this 
field to continue. The Committee, however, suggests 
that the Community should explicitly lay down the 
rules to be followed by management authorities for 
granting exemption, and suggests the keeping of 
specimens covered by these exemptions should only 
be valid in the country of issue. These measures are 
needed to ensure that extremely strict and 
enforceable controls are kept over extremely 
endangered species. These measures should also 
include checks that live specimens in this category 
have been delivered to the address specified on the 
permit. 
Article 13 
The Committee notes that permit regulations will not 
apply to specimens which are personal or household 
effects except when they were acquired outside the 
Community by a person usually resident in the 
Community, and are being introduced into the 
Community. This would mean that Community 
citizens bringing such specimens back to the 
Community from third countries would require 
permits, but visitors from third countries visiting the 
No C 138/8 Official Journal of the European Communities 9. 6. 81 
Community would be exempt. The phrase 'usually' 
resident in the Community is therefore of some 
importance, and may need clarification. The 
Committee would also request that Member States 
should take the appropriate steps to inform its 
citizens travelling abroad, as well as its traders, of the 
requirements of the draft Regulation. 
Article 14 
With regard to the requirement that there should be 
designated places of entry and exit, the Committee 
would ask that such places should be chosen with the 
purpose of ensuring that live specimens be subject to 
as little travel stress as possible. The Committee 
recognizes that specialist staff may be required to 
deal with the implementation of the draft Regulation, 
and it would not be practical for every customs post 
to be designated for the purpose of the regulations. 
Where live animals are imported or exported the 
Committee would ask that satisfactory reception 
areas be provided, and that there should be 
Community control and supervision of those areas. 
Article 15 
The Committee notes that marks, seals and stamps 
referred to in Cites should conform to patterns which 
have not yet been agreed. It would therefore urge that 
such marks should be clear and easily indentifiable 
and placed in such a way that they are 
irremovable. 
Done at Brussels, 25 February 1981. Article 17 
The Committee welcomes the promotion of 
complementary or joint studies and research on the 
situation regarding species in danger of extinction, 
and on methods of controlling trade, and notes that 
Member States should forward to the Commission 
any information so obtained. The Committee, would, 
however, ask that such information forwarded to the 
Commission should form the basis for Community 
action, and would ask that action should be based on 
Article 10 of 79/409/EEC on the conservation of 
wild birds, which states ... 'Member States shall send 
the Commission any information required to enable 
it to take appropriate measures for the coordination 
of the research and work referred to in this 
Article'. 
Article 18 
The Committee welcomes the setting up of a 
Committee on the Convention, in particular the 
provision that the Committee may examine any 
question relating to the application of the draft 
Regulation submitted to it either by its chairman or at 
the request of the representative of a Member State. 
This -provision should enable development and 
growth in the field of protection of endangered 
species. 
The Chairman 
of the 
Economic and Social Committee 
Tomas ROSEINGRAVE