Re-examined proposal for a COUNCIL REGULATION (EC) on the protection of species of wild fauna and flora by regulating trade therein
Date: 1996-10-30
Institutions: European Commission
Subjects: EU law, export monitoring, international trade, protection of animal life, protection of plant life

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 

2 

3 

This proposal for an amendment to recital 11 was linked to an amendment that 
was  rejected  by the  Parliament.  It is therefore without  object. 
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. 
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 

8 

9 

11 

12 

16 

23 

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. 
Proposes  additional  housing  conditions  for  imports  of  live  animals  listed  in 
Annex A that  are  unrealistic. 
This proposal  unnecessarily  changes wording from Article  IV.3 of the Conven 
tion; 
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. 
This  amendment  would  make  many  captive  breeding  programmes  in  zoos 
impossible. 
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. 
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 
the  text  of  the  Common  Position  to  the 
submits  the  annexed  proposals  to  amend 
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 

AMENDED  TEXT 

Article  8.3 

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: 

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. 

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. 

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: 

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. 

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. 

(c) The Commission shall convey the 
opinions of the Enforcement Working 
Group to 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. 

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) 

(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. 

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. 

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. 

Article 19.2 

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); 

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 

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