Commission Regulation (EC) No 1006/98 of 14 May 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: 1998-05-14
Institutions: European Commission
Subjects: export monitoring, marketing, protected species, protection of animal life, protection of plant life, trade restriction

15. 5. 98

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EN

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Official Journal of the European Communities

L 145/3

COMMISSION REGULATION (EC) No 1006/98

of 14 May 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 last amended
by Commission Regulation (EC) No 2307/97 (2), and in
particular point 2 of Article 19 thereof,

Whereas Article 7(3) of Regulation (EC) No 338/97
provides for a derogation from Articles 4 and 5 of that
Regulation for personal and household effects in compli-
ance with provisions
specified by the Commission;
whereas the provisions concerned were laid down in
Articles 27 and 28 of Commission Regulation (EC) No
939/97 (3), as amended by Regulation (EC) No 767/98 (4);
whereas those Articles need to be amended in order to
prevent abuse of their provisions;

Whereas, in order to prevent abuse, the conditions for the
application of the derogation regulated by Articles 27 and
28 of Regulation (EC) No 939/97 need to be clarified by
referring to the definition laid down in Article 2(j) of
Regulation (EC) No 338/97, regard being had to the
objectives of the latter Regulation;

Whereas goods that are introduced into and/or exported
or re-exported from the Community in order to be used
for commercial gain,
sold, displayed for commercial
purposes, kept for sale, offered for sale or transported for
sale, cannot be considered to be the belongings of a
private individual that form or are intended to form part
of his normal goods and chattels;

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. The following text is inserted as the first subparagraph

of Article 27(1):

‘For the purposes of the application of the derogation
laid down in Article 7(3) of Regulation (EC) No 338/97
from Article 4 of that Regulation, goods that are intro-
duced into the Community in order to be used for
commercial gain,
sold, displayed for commercial
purposes, kept for sale, offered for sale or transported
for sale cannot be considered to be personal or house-
hold effects.’

2. The following text is inserted as the first subparagraph

of Article 28(1):

‘For the purposes of the application of the derogation
laid down in Article 7(3) of Regulation (EC) No 338/97
from Article 5 of
that Regulation, goods that are
exported or re-exported from the Community in order
to be used for commercial gain, sold, displayed for
commercial purposes, kept for sale, offered for sale or
transported for
sale cannot be considered to be
personal or household effects.’

Article 2

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

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

Done at Brussels, 14 May 1998.

For the Commission

Ritt BJERREGAARD

Member of the Commission

(1) OJ L 61, 3. 3. 1997, p. 1.
(2) OJ L 325, 27. 11. 1997, p. 1.
(3) OJ L 140, 30. 5. 1997, p. 9.
(4) OJ L 109, 8. 4. 1998, p. 7.