Council Regulation (EEC) No. 338/97 on the protection of species of wild fauna and flora by regulating trade therein.
Country
Type of law
Legislation
Date of original text
Abstract
For the purpose of implementing the principles of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the Regulation aims at protecting species of wild fauna and flora and assuring their conservation. The introduction into, or the export or re-export from the Community of specimens of species listed in Annex A is subject to the performance of the necessary checks and the presentation at the check points of an import/export permit issued by the competent authority of the Member State under the conditions and according to the procedure set out in the Regulation.
Article 7 establishes some derogations to the general rules with respect to: (a) specimens born and bred in captivity or artificially propagated; (b) transit through the Community of specimens of species listed in the Annexes; (c) dead specimens or parts thereof, which are personal or household effects; and (d) non-commercial loans, donations and exchanges involving scientific institutions. This Regulation lays down provisions on the control of commercial activities; movement of live specimens; validity of and special conditions for permits and certificates; places of introduction and export; management and scientific authorities and other competent authorities; monitoring of compliance and investigation of infringements; communication of information between the Member States and the Commission; imposition of sanctions by the Member States; establishment of the Scientific Review Group; and the uniform conditions and criteria for the issue, validity and use of the documents, the use of phytosanitary certificates, and the establishment of procedures, where necessary, for marking specimens in order to facilitate identification and ensure enforce ment of the provisions.
An authorization by a managing authority of the Member State in which the specimen is located is required for any movement within the Community of live specimens of the species listed in Annex A (art. 9). Article 17 concerns the establishment of a Scientific Review Group (consisting of the representatives of each Member State's scientific authorities) in charge of the examination of any scientific question relating to the application of the present Regulation. The Regulation is followed by four Annexes, listing the species mentioned in the Appendixes to the Convention.
Article 7 establishes some derogations to the general rules with respect to: (a) specimens born and bred in captivity or artificially propagated; (b) transit through the Community of specimens of species listed in the Annexes; (c) dead specimens or parts thereof, which are personal or household effects; and (d) non-commercial loans, donations and exchanges involving scientific institutions. This Regulation lays down provisions on the control of commercial activities; movement of live specimens; validity of and special conditions for permits and certificates; places of introduction and export; management and scientific authorities and other competent authorities; monitoring of compliance and investigation of infringements; communication of information between the Member States and the Commission; imposition of sanctions by the Member States; establishment of the Scientific Review Group; and the uniform conditions and criteria for the issue, validity and use of the documents, the use of phytosanitary certificates, and the establishment of procedures, where necessary, for marking specimens in order to facilitate identification and ensure enforce ment of the provisions.
An authorization by a managing authority of the Member State in which the specimen is located is required for any movement within the Community of live specimens of the species listed in Annex A (art. 9). Article 17 concerns the establishment of a Scientific Review Group (consisting of the representatives of each Member State's scientific authorities) in charge of the examination of any scientific question relating to the application of the present Regulation. The Regulation is followed by four Annexes, listing the species mentioned in the Appendixes to the Convention.
Attached files
Web site
Date of consolidation/reprint
Entry into force notes
This Regulation shall enter into force on the date of its publication in the Official Journal of the European Communities and shall apply from 1 June 1997.
Notes
An unofficial consolidated version of the present Regulation as amended last by Commission Regulation (EU) 2021/2280 of 16 December 2021 is attached.
Repealed
No
Serial Imprint
Official Journal of the European Communities No. L 61, 3 March 1997, pp. 1-69.
Source language
English
Legislation status
in force
Legislation Amendment
No
Amended by
Implemented by