Considerations on COM(2012)403 - Protection of species of wild fauna and flora by regulating trade therein (Recast) - Main contents
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| dossier | COM(2012)403 - Protection of species of wild fauna and flora by regulating trade therein (Recast). |
|---|---|
| document | COM(2012)403  |
| date | July 19, 2012 |
(1) Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein[7] has been substantially amended several times[8]. Since further amendments are to be made, it should be recast in the interests of clarity.
ê 338/97 recital 1 (adapted)
ð new
(2) The purpose of Ö this Regulation Õ is to Ö ensure the protection of Õ species of Ö wild Õ fauna and flora Ö which are threatened by Õ trade ð or likely to be so threatened ï.
ê 338/97 recital 3
(3) The provisions of this Regulation do not prejudice any stricter measures which may be taken or maintained by Member States, in compliance with the Treaty, in particular with regard to the holding of specimens of species covered by this Regulation.
ê 338/97 recital 4
(4) It is necessary to lay down objective criteria for the inclusion of species of wild fauna and flora in the Annexes to this Regulation.
ê 338/97 recital 5 (adapted)
(5) The implementation of this Regulation necessitates the application of common conditions for the issue, use and presentation of documents relating to the authorisation of the introduction into the Ö Union Õ and the export or re-export from the Ö Union Õ of specimens of the species covered by this Regulation. It is necessary to lay down specific provisions relating to the transit of specimens through the Ö Union Õ.
ê 338/97 recital 6 (adapted)
(6) It is for a management authority of the Member State of destination, assisted by the scientific authority of that Member State and, where appropriate, taking into account any opinion of the Scientific Review Group, to decide on the requests for introduction of specimens into the Ö Union Õ.
ê 338/97 recital 7 (adapted)
(7) It is necessary to Ö provide for Õ a consultation procedure Ö in the framework of the provisions on re-export Õ, in order to limit the risk of infringement.
ê 338/97 recital 8 (adapted)
(8) In order to guarantee effective protection of species of wild fauna and flora, additional restrictions may be imposed on the introduction of specimens into, and the export thereof from, the Ö Union Õ. With regard to live specimens, these restrictions may be supplemented by restrictions at Ö Union Õ level on the holding or movement of such specimens within the Ö Union Õ.
ê 338/97 recital 9
(9) It is necessary to lay down specific provisions applicable to captive-born and bred, or artificially propagated specimens, to specimens which are personal or household effects, and to non-commercial loans, donations or exchanges between registered scientists and scientific institutions.
ê 338/97 recital 10 (adapted)
(10) There is a need, in order to ensure the broadest possible protection for species covered by this Regulation, to lay down provisions for controlling trade and movement of specimens within the Ö Union Õ, and the conditions for housing specimens. The certificates issued under this Regulation, which contribute to controlling those activities, should be governed by common rules on their issue, validity and use.
ê 338/97 recital 11 (adapted)
(11) Measures should be taken to minimise the adverse effects on live specimens of transport to their destination, from or within the Ö Union Õ.
ê 338/97 recital 12 (adapted)
(12) To ensure effective controls and to facilitate customs procedures, customs offices should be designated, with trained personnel responsible for carrying out the necessary formalities and corresponding checks where specimens are introduced into the Ö Union Õ, in order to assign them a customs-approved treatment or use within the meaning of Council Regulation (EEC) [No 2913/92 of 12 October 1992] establishing the Community Customs Code[9], or where they are exported or re-exported from the Ö Union Õ. There should also be facilities guaranteeing that live specimens are adequately housed and cared for.
ê 338/97 recital 13
(13) The implementation of this Regulation also calls for the designation of management and scientific authorities by the Member States.
ê 338/97 recital 14
(14) Informing the public and making them aware of the provisions of this Regulation, particularly at border crossing points, is likely to encourage compliance with these provisions.
ê 338/97 recital 15
(15) In order to ensure effective enforcement of this Regulation, Member States should closely monitor compliance with its provisions and, to that end, cooperate closely between themselves and with the Commission. This requires the communication of information relating to the implementation of this Regulation.
ê 338/97 recital 16
(16) The monitoring of levels of trade in the species of wild fauna and flora covered by this Regulation is of crucial importance for assessing the effects of trade on the conservation status of species. Detailed annual reports should be drawn up in a common format.
ê 338/97 recital 17
(17) In order to guarantee compliance with this Regulation, it is important that Member States impose sanctions for infringements in a manner which is both sufficient and appropriate to the nature and gravity of the infringement.
ê 338/97 recital 19
(18) The multitude of biological and ecological aspects to be considered in the implementation of this Regulation requires the setting up of a Scientific Review Group, whose opinions will be forwarded by the Commission to the Committee and the management bodies of the Member States, to assist them in making their decisions.
ê 398/2009, recital 4 (adapted)
ð new
(19) ð In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to ï the Commission should be empowered to adopt Ö in respect of the adoption of Õ certain measures regulating trade in species of wild fauna and flora, Ö of Õ certain amendments to the Annexes to Ö this Õ Regulation and Ö of Õ additional measures to implement resolutions of the Conference of the Parties to the Convention on international trade in endangered species of wild fauna and flora (CITES) (hereinafter referred to as ‘the Convention’), decisions or recommendations of the Standing Committee of the Convention and recommendations of the Convention Secretariat. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 338/97, inter alia by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. ð It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. ï
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(20) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers[10],
ê 338/97