CELEX: 51996PC0517
Language: en
Date: 1996-10-30
Title: Re-examined proposal for a COUNCIL REGULATION (EC) on the protection of species of wild fauna and flora by regulating trade therein

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)
 ---pagebreak---  ---pagebreak---                              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.
 ---pagebreak--- 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       This proposal for an amendment to recital 11 was linked to an amendment that
         was rejected by the Parliament. It is therefore without object.
 2       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.
 3       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.
 ---pagebreak--- 4/5   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.
8     Proposes additional housing conditions for imports of live animals listed in
      Annex A that are unrealistic.
9     This proposal unnecessarily changes wording from Article IV.3 of the Conven-
      tion;
11    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.
12    This amendment would make many captive breeding programmes in zoos
      impossible.
16    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.
23    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
submits the annexed proposals to amend the text of the Common Position to the
Council.
 ---pagebreak---                          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            In accordance with the requirements of
referred to in paragraph 1 may be          other Community legislation on the
granted by issuance of a certificate to    conservation of wild fauna and flora.
that effect by a management authority      exemption from the prohibitions
of the Member State in which the           referred to in paragraph 1 may be
specimens are located, on a case-by-       granted by issuance of a certificate to
case basis where the specimens:            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-       General derogations from the prohib-
 itions referred to in paragraph 1 based   itions referred to in paragraph 1 based
on the conditions referred to in para-     on the conditions referred to in para-
graph 3, as well as genera! derogations    graph 3, as well as general derogations
with regard to species listed in Annex     with regard to species listed in Annex
A in accordance with Article 3(1)(b)(ii)   A in accordance with Article 3(1)(b)(ii)
 may be defined by the Commission in        may be defined by the Commission in
 accordance with the procedure laid         accordance with the procedure laid
 down in Article 18.                       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.
 Article 11.3
 Any permit or certificate issued in       Any permit or certificate issued in
 accordance with this Regulation may        accordance with this Regulation may
 stipulate conditions and requirements      stipulate conditions and requirements
  imposed by the issuing authority to       imposed by the issuing authority to
 ensure compliance with the provisions      ensure compliance with the provisions
 thereof.                                   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
 ---pagebreak--- 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 therepresentativesof
                                          each Member State's authorities with
                                          responsibilityformonitoring compliance
                                          with the provisions of this Regulation.
                                          The Working Group shall be chaired by
                                          therepresentativeof the Commission.
                                          (b) The Enforcement Working Group
                                          shall examine any technical question
                                          relatingtothe 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          The management authorities of the
Member States shall communicate to         Member States shall communicate to
the Commission before 15 June each         the Commission before 15 June each
year all the information relating to the   year all the information relating to the
preceding year required for drawing up     preceding year required for drawing up
the reports referred to in Article VI11.7  the reports referred to in Article
of the Convention and equivalent infor-    VI11.7 (ai of the Convention and equiv-
mation on international trade in all        alent information on international trade
specimens of species listed in Annexes      in all specimens of species listed in
A, B and C and on introduction into the    Annexes A, B and C and on introduc-
 Community of specimens of species          tion into the Community of specimens
 listed in Annex D. The information to      of species listed in Annex D. The infor-
 be communicated and the format for its     mation to be communicated and the
 presentation shall be specified by the     format for its presentation shall be
 Commission in accordance with the          specified by the Commission in accord-
 procedure laid down in Article 18.         ance with the procedure laid down in
                                            Article 18.
 ---pagebreak--- 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
                                           firsttimein 1999. communicate to the
                                           Commission all the information relating
                                           to the preceding two yearsrequiredfor
                                           drawing up thereportsreferredtoin
                                           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
                                            referredtoin (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       Without prejudice to Council Directive
90/313/EEC of 7 June 1990 on the            90/313/EEC of 7 June 1990 on the
freedom of access to information on         freedom of access to information on
the environment, the Commission shall       the environment, the Commission shall
take appropriate measures to protect        take appropriate measures to protect
the confidentiality of information          the confidentiality of information
obtained in implementation of this          obtained in implementation of this
Regulation.                                 Regulation.
Article 19.2
adopt the measures referred to in           adopt the measures referred to in
Article 4(6) and (7), Article 5(5) and      Article 4(6) and (7), Article 5(5) and
(7)(b), Article 7(1)(c), (2)(c) and (3),    (7)(b), Article 7(1 )(c), (2)(c) and (3),
Article 8(4), Article 9(6), Article 11(5),  Article 8(4), Article 9(6), Article 11(5),
Article 15(4)(a) and' (5) and Article       Article 15(4)(a), (c) and (5) and Article
21(3);                                      21(3);
                                           h
 ---pagebreak--- Article 21.3
Before this Regulation is implemented    Two months before this Regulation is
the Commission, in accordance with       implemented, the Commission in
the procedure laid down in Article 18    accordance with the procedure laid
and in consultation with the Scientific  down in Article 18 and in consultation
Review Group, must check that there is with the Scientific Review Group:
no justification for restrictions on the (a) must check that there is no
introduction into the Community of the   justification for restrictions on the
species listed in Annex C1 to Regula-    introduction into the Community of the
tion (EEC) No 3626/82 which are not      species    listed in Annex C1 to
included in Annex A to this Regulation. Regulation (EEC) No 3626/82 which
                                         are not included in Annex A to this
                                          Regulation;
                                          (b) shall adopt a Regulation amending
                                          Annex D into arepresentativelist of
                                          species meeting the criteria laid down
                                          in Article 3.4(a).
 ---pagebreak---                                                                   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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