COMMISSION REGULATION (EU) No 709/2010
of 22 July 2010
amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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), and in particular Article 19(5) thereof,
Whereas:
(1)
Regulation (EC) No 338/97 lists animal and plant species in respect of which trade is restricted or controlled. Those lists incorporate the lists set out in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, hereinafter ‘the Convention’. At the 15th session of the Conference of the Parties to the Convention, held in Doha, Qatar, in March 2010, certain amendments were made to the Appendices to the Convention.
(2)
The species Anas oustaleti has been deleted from Appendix I.
(3)
The species Euphorbia misera, Orothamnus zeyheri and Protea odorata have been deleted from Appendix II.
(4)
The Egyptian population of Crocodylus niloticus has been transferred from Appendix I to Appendix II with a zero quota for wild specimens.
(5)
The Mexican and Belize populations of Crocodylus moreletii have been transferred from Appendix I to Appendix II with a zero quota for wild specimens.
(6)
Neurergus kaiseri has been included in Appendix I.
(7)
The species Ctenosaura bakeri, C. oedirhina, C. melanosterna, C. palearis, Agalychnis spp., Dynastes satanas, Operculicarya hyphaenoides, O. pachypus, Zygosicyos pubescens, Z. tripartitus, Aniba rosaeodora (with annotation), Adenia olaboensis, Cyphostemma elephantopus, C. montagnacii and Bulnesia sarmientoi (with annotation) have been included in Appendix II.
(8)
The Appendix II listing of Beccariophoenix madagascariensis and Neodypsis decaryi was extended to include seeds from Madagascar.
(9)
The following species have been deleted from Appendix III to the Convention at the request of Malaysia: Arborophila campbelli, Arborophila charltonii, Caloperdix oculeus, Lophura erythrophthalma, Lophura ignita, Melanoperdix niger, Polyplectron inopinatum, Rhizothera dulitensis, Rhizothera longirostris and Rollulus rouloul, and the species Haliotis midae has been deleted from Appendix III to the Convention at the request of South Africa.
(10)
The annotations for the listings in Appendices I and II to the Convention of the species Canis lupus have been amended.
(11)
The annotations for the listings in Appendix I to the Convention of the species Orchidaceae spp. have been amended.
(12)
The annotations for the listings in Appendix II to the Convention of the species Cactaceae spp. and all plant taxa with annotation #1 have been amended.
(13)
None of the Member States has entered a reservation in respect of any of those amendments.
(14)
The amendments made to Appendices I, II and III to the Convention therefore necessitate amendments to Annexes A, B and C of the Annex to Regulation (EC) No 338/97.
(15)
The species Physignathus cocincinus, Abronia graminea and Ctenosaura quinquecarinata - which are currently not listed in the Annex to Regulation (EC) No 338/97 - are being imported into the Union in such numbers as to warrant monitoring. Those species should therefore be included in Annex D of the Annex to Regulation (EC) No 338/97.
(16)
At the 15th Conference of the Parties to the Convention new nomenclatural references for animals were adopted.
(17)
Regulation (EC) No 338/97 should therefore be amended accordingly. In view of the extent of the amendments it is appropriate, for clarity purposes, to replace the Annex to that Regulation in its entirety.
(18)
The measures provided for in this Regulation are in accordance with the opinion of the Committee on Trade in Wild Fauna and Flora established pursuant to Article 18 of Regulation (EC) No 338/97,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 338/97 is replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 July 2010.