Commission Regulation (EC) No 767/98 of 7 April 1998 amending Regulation (EC) No 939/97 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein
Date: 1998-04-07
Institutions: European Commission
Subjects: breeding animal, marketing, protected species, protection of animal life, protection of plant life, trade restriction

8. 4. 98

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Official Journal of the European Communities

L 109/7

COMMISSION REGULATION (EC) No 767/98

of 7 April 1998

amending Regulation (EC) No 939/97 laying down detailed rules concerning the
implementation of Council Regulation (EC) No 338/97 on the protection of
species of wild fauna and flora by regulating trade therein

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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), as amended by
Commission Regulation (EC) No 938/97 (2), and in par-
ticular Article 19, point 4, thereof,

the Conference of

the
Whereas the 10th meeting of
Parties to the Convention on International Trade in
Endangered Species of Wild Fauna and Flora, held in
Harare, Zimbabwe, from 9 to 20 June 1997, adopted —
with the support of the Member States that are Parties to
the Convention — a number of resolutions and decisions
that have direct relevance to the implementation of Regu-
lation (EC) No 338/97; whereas it is therefore appropriate
to amend certain provisions of Commission Regulation
(EC) No 939/97 (3);

Whereas recommendation V.c) of Resolution Conf. 10.2,
on permits and certificates, makes it necessary to amend
Article 8(2) of Regulation (EC) No 939/97 in order to
extend from six to 12 months the period during which
certificates of origin for species listed in Appendix III to
the Convention can be used for introduction of speci-
mens into the Community;

Whereas Resolution Conf. 10.16, which further defines
the definitions and conditions applicable to specimens of
animal species bred in captivity, necessitates the insertion
of certain definitions in Article 1 and the replacement of
Article 24 of the said Regulation;

Whereas recommendation g) of Resolution Conf. 10.13,
on the implementation of
the Convention for timber
species, extends the scope of the term ‘artificially prop-
agated’ and necessitates an amendment to Article 26 of
the said Regulation;

Whereas recommendation e) of Resolution Conf. 10.12,
on the conservation of sturgeons, makes it necessary to
amend Articles 27 and 28 of the said Regulation in order

(1) OJ L 61, 3. 3. 1997, p. 1.
(2) OJ L 140, 30. 5. 1997, p. 1.
(3) OJ L 140, 30. 5. 1997, p. 9.

to implement the recommended exemption from controls
of a maximum of 250 grams of caviar (re-)exported from
or introduced into the Community as personal effects;

Whereas a Conference decision with regard to the use of
units of measurement for timber specimens necessitates
adaptation of Annex V to the said Regulation;

Whereas Resolution Conf. 10.22 updates the adopted list
of standard nomenclatural references, which makes it
necessary to replace Annex VI to the said Regulation;

Whereas 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

Regulation (EC) No 939/97 is hereby amended as follows:

1. Article 1 is replaced by the following:

‘Article 1

For the purposes of this Regulation and in addition to
the definitions in Article 2 of Regulation (EC) No
338/97:

(a) “date of acquisition” shall mean the date on which
a specimen was taken from the wild, born in cap-
tivity or artificially propagated;

(b) “first-generation offspring (F1)” shall mean speci-
mens produced in a controlled environment from
parents at least one of which was conceived in or
taken from the wild;

(c) “second-generation offspring (F2)” and “subsequent
generation offspring (F3, F4, etc.)”
shall mean
specimens produced in a controlled environment
from parents
also produced in a
controlled environment;

that were

(d) “breeding stock” shall mean all the animals in a
breeding operation that are used for reproduction;

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species,

(e) “a controlled environment” shall mean an environ-
ment that is manipulated for the purpose of produ-
cing animals of a particular
that has
boundaries designed to prevent animals, eggs or
gametes of the species from entering or leaving the
controlled environment, and the general charac-
teristics of which may include but are not limited
to: artificial housing, waste removal, health care,
protection from predators and the artificial supply
of food.’;

2.

the following subparagraph is added to Article 8(2):

‘However, certificates of origin for
specimens of
species listed in Annex C to Regulation (EC) No
338/97 may be used for
introduction into the
Community until 12 months from their date of issue.’;

3. Article 24 is replaced by the following:

‘Article 24

Without prejudice to Article 25, a specimen of an
animal species shall only be considered to be born and
bred in captivity when a competent scientific authority
of the Member State concerned is satisifed that:

(a) it is, or is derived from, the offspring born or other-
wise produced in a controlled environment either
of parents that mated or had gametes otherwise
transferred in a controlled environment, if repro-
duction is sexual, or of parents that were in a
controlled environment when development of the
offspring began, if reproduction is asexual;

(b) the breeding stock was established in accordance
with the legal provisions applicable to it at the
time of acquisition and in a manner not detri-
mental to the survival of the species concerned in
the wild;

(c) the breeding stock is maintained without the intro-
duction of specimens from the wild, except for the
occasional addition of animals, eggs or gametes, in
accordance with the legal provisions applicable and
in a manner not detrimental to the survival of the
species concerned in the wild:

(i) to prevent or alleviate deleterious inbreeding,
with the magnitude of such addition deter-
mined by the need for new genetic material;

(ii) to dispose of confiscated animals in accordance
with Article 16(3) of Regulation (EC) No
338/97; or

(iii) exceptionally, for use as breeding stock;

environment, or is managed in a manner that has
been demonstrated to be capable of reliably produ-
cing second-generation offspring in a controlled
environment.’;

4.

the following subparagraph is added to Article 26:

taken from trees grown in monospecific
‘Timber
plantations shall be considered as being artificially
propagated in accordance with the first subparagraph.’;

5.

the following paragraph is added to Article 27:

By way of derogation from paragraphs 2 and 3,
‘4.
the introduction or
reintroduction into the Com-
munity of a maximum of 250 grams per person of
caviar of the sturgeon species (Acipenseriformes spp.)
listed in Annex B to Regulation (EC) No 338/97 shall
not require the presentation of an import permit or a
(re-)export document.’;

6.

the following paragraph is added to Article 28:

‘3.
By way of derogation from paragraphs 1 and 2,
the export or re-export of a maximum of 250 grams
per person of caviar of the sturgeon species (Acipense-
riformes spp.) listed in Annex B to Regulation (EC)
No 338/97 shall not require the presentation of an
import permit or a (re-)export document.’;

7. Annex V is amended as follows:

(a) the entry in the column ‘Preferred units’ for saw-

logs and sawn wood is replaced by:

‘m3/kg (use kg only in the case of special purpose
timbers traded by weight rather than by volume,
e.g. Guaiacum spp.)’;

(b) the entry in the column ‘Preferred units’ for veneer

is replaced by:

‘m3 for rotary veneer, m2 for sliced veneer’;

8. Annex VI is replaced by the Annex to this Regulation:

Article 2

(d) the breeding stock has itself produced second or
subsequent generation offspring in a controlled

This Regulation shall enter into force on the third day
following its publication in the Official Journal of the
European Communities.

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This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 7 April 1998.

For the Commission

Ritt BJERREGAARD

Member of the Commission

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ANNEX

‘ANNEX VI

Standard references for nomenclature to be used pursuant to Article 4(3)(c) to indicate scientific
names of species in permits and certificates

(a) Mammal species of the world: A taxonomic and geographic reference, 2nd edition,

(edited by D. E.

Wilson and D. M. Reeder, 1993, Smithsonian Institution Press) for mammalian nomenclature

(b) A reference list of the birds of the world (J. J. Morony, W. J. Bock and J. Farrand Jr, 1975, American

Museum of Natural History) for order and family level names for birds

(c) Distribution and taxonomy of birds of the world (C. G. Sibley and B. L. Monroe Jr, 1990, Yale Univer-
sity Press) and A supplement to Distribution and taxonomy of birds of the world (Sibley and Monroe,
1993; Yale University Press) for the genus and species names of birds

(d) Reptiles del noroeste, nordeste y este de la Argentina — Herpetofauna de las selvas subtropicales, puna
y pampa, 1993 (Cei, Jos(cid:130) M. In Monografie XIV, Museo Regionale di Scienze Naturali), for the species
names of the genus Tupinambis found in Argentina and Paraguay

(e) Snake species of the world: A taxonomic and geographic reference: Volume 1 (Campbell, McDiamid and
Tour(cid:130), 1997), published under the auspices of the Herpetologists’ League, for the nomenclature of snakes

(f) Amphibian species of the world: A taxonomic and geographic reference (D. R. Frost, 1985, Allen Press
and The Association of Systematics Collections) and Amphibian species of the world: Additions and
corrections (W. E. Duellman, 1993, University of Kansas) for amphibian nomenclature until the second
edition of the former reference has been published

(g) The plant book, reprinted edition, (D. J. Mabberley, 1990, Cambridge University Press) for the generic
names of all CITES plants, unless they are superseded by standard checklists adopted by the Conference
of the Parties as referenced below in paragraphs (i) to (m)

(h) A dictionary of flowering plants and ferns, 8th edition, (J. C. Willis, revised by H. K. Airy Shaw, 1973,
Cambridge University Press) for generic synonyms not mentioned in The Plant Book, unless they are
superseded by standard checklists adopted by the Conference of the Parties as referenced below in para-
graphs (i) to (m)

(i) A world list of cycads (D.W. Stevenson, R. Osborne and K. D. Hill, 1995; In: P. Vorster (Ed.), Pro-
ceedings of the Third International Conference on Cycad Biology, pp. 55-64, Cycad Society of South
Africa, Stellenbosch) and its updates accepted by the Nomenclature Committee, as a guideline when
making reference to names of species of Cycadaceae, Stangeriaceae and Zamiaceae

(j) The bulb checklist (1997, compiled by the Royal Botanic Gardens, Kew, United Kingdom) and its
updates accepted by the Nomenclature Committee, as a guideline when making reference to the names
of species of Cyclamen (Primulaceae) and Galanthus and Sternbergia (Liliaceae)

(k) The CITES checklist of succulent euphorbia taxa (Euphorbiaceae)

(1997, published by the German
Federal Agency for Nature Conservation) and its updates accepted by the Nomenclature Committee, as a
guideline when making reference to the names of species of succulent euphorbias

(l) CITES Cactaceae Checklist, second edition (1997, compiled by D. Hunt, Royal Botanic Gardens, Kew,
United Kingdom) and its updates accepted by the Nomenclature Committee, as a guideline when
making references to names of species of Cactaceae

(m) CITES orchid checklist, (compiled by the Royal Botanic Gardens, Kew, United Kingdom) and its updates
accepted by the Nomenclature Committee, as a guideline when making reference to the names of
species of Cattleya, Cypripedium, Laelia, Paphiopedilum, Phalaenopsis, Phragmipedium, Pleione and
Sophronitis (Volume I, 1995) and Cymbidium, Dendrobium, Disa, Dracula and Encyclia (Volume 2,
1997)’