A4-0262/96

Decision on the common position adopted by the Council with a view to adopting a Regulation on the protection of wild fauna and flora by regulating trade therein (C4-0285/96 - 00/0370(SYN))

(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0285/96 - 00/0370(SYN),

- having regard to its opinion at first reading ((OJ C 194, 19.7.1993, p. 289.)) on the Commission proposal to the Council, COM(91)0448 ((OJ C 26, 3.2.1992, p. 1.)),

- having regard to the Commission's amended proposal COM(93)0599 ((OJ C 131, 12.5.1994, p. 1.)),

- having regard to its resolution on changing the legal basis ((OJ C 17, 22.1.1996, p. 430.)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading by the Committee on the Environment, Public Health and Consumer Protection (A4-0262/96),

1. Amends the common position as follows;

2. Instructs its President to forward this resolution to the Council and Commission.

(Amendment 1)

Recital 11

>Original text>

(11) Whereas measures should be taken to minimize the adverse effects on live specimens of transport to their destination, from or within the Community;

>Text following EP vote>

(11) Whereas measures should be taken to minimize the adverse effects on live specimens of transport to their destination, from or within the Community, and whereas information must be collected with a view to the possibility of applying sanctions if the standards for caring for live specimens during transport and quarantine are not complied with;

(Amendment 2)

Recital 18

>Original text>

(18) Whereas it is essential to lay down a Community procedure enabling the implementing provisions and amendments to the Annexes of this Regulation to be adopted within a suitable period; whereas a Committee must be set up to permit close and effective cooperation between the Member States and the Commission in this field;

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(18) Whereas it is essential to lay down a Community procedure enabling the implementing provisions and amendments to the Annexes of this regulation to be adopted within a suitable period while ensuring democratic control of the European Parliament; whereas a Committee must be set up to permit close and effective cooperation between the Member States and the Commission in this field;

(Amendment 3)

Recital 19a (new)

>Text following EP vote>

(19a) Having regard to the declaration on the protection of animals annexed to the Final Act of the Treaty on European Union;

(Amendment 4)

Recital 19b new)

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(19b) Whereas, in order to prevent significantly high mortality rates of live animal specimens in trade, it is necessary to provide for controls on the importation of certain species of live animals;

(Amendment 5)

Article 3(2)(c)

>Original text>

(c) any other species not listed in Appendices I or II to the Convention:

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(c) any other species not listed in Appendices I or II to the Convention, including any bird species not indigenous to the European territory of Member States to which the Treaty is applicable, unless it is listed in Annex A:

>Original text>

(i) which is subject to levels of international trade that might not be compatible:

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(i) which is subject to levels of international trade that might not be compatible:

>Original text>

- with its survival or with the survival of populations in certain countries, or

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- with its survival or with the survival of populations in certain countries, or

>Original text>

- with the maintenance of the total population at a level consistent with the role of the species in the ecosystems in which it occurs,

>Text following EP vote>

- with the maintenance of the total population at a level consistent with the role of the species in the ecosystems in which it occurs,

>Original text>

or

(ii) whose listing in the Annex for reasons of similarity in appearance to other species listed in Annex A or Annex B, is essential in order to ensure the effectiveness of controls on trade in specimens of such species;

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or

(ii) whose listing in the Annex for reasons of similarity in appearance to other species listed in Annex A or Annex B, is essential in order to ensure the effectiveness of controls on trade in specimens of such species,

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(iia) bird species in relation to which it has been established that live specimens in trade are unlikely to survive shipment or are unlikely to survive in captivity for a considerable proportion of their potential life span.

(Amendment 8)

Article 4(1)(c)

>Original text>

(c) the competent scientific authority is satisfied that the intended accommodation for a live specimen at the place of destination is adequately equipped to conserve and care for it properly;

>Text following EP vote>

(c) the competent scientific authority is satisfied that

(i) the intended accommodation for a live specimen at the place of destination is adequately equipped to conserve and care for it properly and, in the case of animals, is adapted to the natural behaviour patterns of the species;

(ii) the animal does not have a reduced life expectancy in captivity and will be able to breed;

(Amendment 9)

Article 5(7)(a)

>Original text>

7(a) The competent scientific authority in each Member State shall monitor the issuance of export permits by that Member State for specimens of species listed in Annex B and actual exports of such specimens. Whenever such scientific authority determines that the export of specimens of any such species should be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystem in which it occurs, and well above the level at which that species might become eligible for inclusion in Annex A in accordance with Article 3(1)(a) or (b)(i), the scientific authority shall advise the competent management authority, in writing, of suitable measures to be taken to limit the issuance of export permits for specimens of that species.

>Text following EP vote>

7(a) The competent scientific authority in each Member State shall monitor the issuance of export permits by that Member State for specimens of species listed in Annex B and actual exports of such specimens. Whenever such scientific authority determines that the export of specimens of any such species should be limited in order to conserve or restore populations of that species throughout their range in order to maintain them at a sustainable level in the ecosystem in which they occur, and well above the level at which that species might become eligible for inclusion in Annex A in accordance with Article 3(1)(a) or (b)(i), the scientific authority shall advise the competent management authority, in writing, of suitable measures to be taken to limit the issuance of export permits for specimens of that species.

(Amendment 10)

Article 8(3), introductory phrase

>Original text>

3. 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:

>Text following EP vote>

3. 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, taking account of the provisions of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora where the specimens:

(Amendment 11)

Article 8(3)(e)

>Original text>

(e) are required under exceptional circumstances for the advancement of science or for essential biomedical purposes pursuant to Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes where the species in question proves to be the only one suitable for those purposes and where there are no specimens of the species which have been born and bred in captivity; or

>Text following EP vote>

(e) are required under exceptional circumstances for the advancement of science which is of fundamental importance for the conservation of the species in question pursuant to Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes; or

(Amendment 12)

Article 8(3)(g)

>Original text>

(g) are intended for research or education aimed at the preservation or conservation of the species; or

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Deleted

(Amendment 13)

Article 8(4)

>Original text>

4. General derogations from the prohibitions referred to in paragraph 1 based on the conditions referred to in paragraph 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.

>Text following EP vote>

4. General derogations from the prohibitions referred to in paragraph 1 based on the conditions referred to in paragraph 3, may be defined by the Commission in accordance with the procedure laid down in Article 18 and taking account of the provisions of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.

(Amendment 15)

Article 11(3)

>Original text>

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.

>Text following EP vote>

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. The Member States shall inform the Commission whenever conditions and requirements are imposed which relate to repeatedly recurring incidents.

(Article 16)

Article 12(2)

>Original text>

2. All offices designated in accordance with paragraph 1 shall be provided with sufficient and adequately trained staff. Member States shall ensure that accommodation is provided in accordance with relevant Community legislation as regards the transport and accommodation of live animals and that, where necessary, adequate steps are taken for live plants.

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2. All offices designated in accordance with paragraph 1 shall be provided with sufficient and adequately trained staff. Member States shall ensure that accommodation is provided in accordance with relevant Community legislation as regards the transport and accommodation of live animals and that, where necessary, adequate steps are taken for live plants. Member States shall encourage an exchange of know-how between the Member States' experts and the experts of the parties to the Convention.

(Amendment 17)

Article 14(2a) (new)

>Text following EP vote>

2a. (a) An Enforcement Working Group shall be set up as a subgroup of the Committee which shall consist of the representatives of the competent authorities of the various Member States which monitor compliance with the provisions of this regulation, and which shall be chaired by a representative of the Commission.

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(b) The Enforcement Working Group shall examine all national, European and international questions relating to aspects of regulation of the trade in wild species of fauna and flora and shall take account of the technical aspects of enforcement and shall advise the Committee and the Commission in this respect.

(Amendment 20)

Article 15(5a) (new)

>Text following EP vote>

5a. (a) Every two years the administrative authorities of the Member States shall provide the Commission before 15 June with all information concerning the preceding two years which is needed to draw up the reports specified in Article VIII(7)(b) of the Convention concerning the legislative, regulatory and administrative measures taken for application of the Convention. The information which has to be supplied, and the relevant format, shall be determined by the Commission in accordance with the procedure set out in Article 18.

>Text following EP vote>

(b) On the basis of the information specified under (a), the Commission shall publish every two years before 31 October a report on the application and enforcement of this regulation in the Member States; this report shall also include information on the implementation of the various articles of the regulation and on the timetable applicable for the implementing measures which are taken pursuant to the regulation. After the entry into force of this Regulation, the Commission shall submit its first report to Parliament by 1 January 1999 at the latest.

(Amendment 21)

Article 15(6)

>Original text>

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.

>Text following EP vote>

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 freedom of access to information obtained in implementation of this Regulation.

(Amendment 22)

Article 19(2)

>Original text>

2. 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);

>Text following EP vote>

2. 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), (5a) and (6) and Article 21(3);

(Amendment 23)

Article 19(3)

>Original text>

3. amend Annexes A to D except in the case of amendments to Annex A which do not result from decisions of the Conference of the Parties to the Convention;

>Text following EP vote>

3. in consultation with the countries of origin amend Annexes A to D except in the case of amendments to Annex A which do not result from decisions of the Conference of the Parties to the Convention;

(Amendment 24)

Article 21(3)

>Original text>

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 Regulation (EEC) No 3626/82 which are not included in Annex A to this Regulation.

>Text following EP vote>

3. 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; and

(b) must make Annex D a representative list of species in accordance with the criteria laid down in Article 3(4)(a).