# COMMISSION REGULATION (EC) No 252/2005

of 14 February 2005

amending Regulation (EC) No 349/2003 suspending the introduction into the Community of specimens of certain species of wild fauna and flora

## Preamble

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] and in particular Article 19, point 2, thereof,

After consulting the Scientific Review Group,

Whereas:

**(1)** Article 4(6) of Regulation (EC) No 338/97 provides that the Commission may establish restrictions to the introduction of certain species into the Community in accordance with the conditions laid down in points (a) to (d) thereof.

**(2)** A list of species, for which the introduction into the Community is suspended, was last established in Commission Regulation (EC) No 349/2003 of 25 February 2003 suspending the introduction into the Community of specimens of certain species of wild fauna and flora [^2] .

**(3)** The enlargement of the European Union to 25 Member States from 1 May 2004 requires that all pre-existing suspensions in respect of species originating from the new Member States be deleted from that list.

**(4)** On the basis of recent information the Scientific Review Group has concluded that the conservation status of certain species listed in Annexes A and B to Council Regulation (EC) No 338/97 will be seriously jeopardised if their introduction into the Community from certain countries of origin is not suspended, these species and their countries of origin being the following:

— *Blastomussa* spp., *Cynarina lacrymalis* , *Plerogyra* spp., *Trachyphyllia geoffroyi* from Indonesia (all specimens except maricultured specimens attached to artificial substrates)

— *Chamaeleo gracilis* from Benin (wild and ranched specimens)

— *Euphorbia bulbispina* and *Euphorbia guillauminiana* from Madagascar

— *Geochelone pardalis* from Mozambique (ranched specimens)

— *Mantella aurantiaca* , *Pachypodium rosulatum* , *Pachypodium sofiance* from Madagascar

— *Naja* spp. from Lao People’s Democratic Republic

— *Psittacus erithacus* from Nigeria

— *Ursus arctos* from the province of British Columbia, Canada (hunting trophies).

**(5)** The Scientific Review Group has also concluded that the suspension of the introduction into the Community of the species *Psittacus erithacus* from the Democratic Republic of the Congo is no longer warranted by virtue of its conservation status.

**(6)** The Scientific Review Group has concluded that the introduction into the Community of *Chrysemys picta* and *Oxyura jamaicensis* presents an ecological threat to wild species of fauna and flora indigenous to the Community and should therefore be suspended.

**(7)** The countries of origin of the species which are subject to the new restrictions to introduction into the Community pursuant to this Regulation have all been consulted.

**(8)** Article 41 of Commission Regulation (EC) No 1808/2001 of 30 August 2001, laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 of the protection of species of wild fauna and flora by regulating trade therein [^3] , contains provisions for the implementation by the Member States of the restrictions established by the Commission.

**(9)** The Annex to Regulation (EC) No 349/2003 should therefore be amended accordingly, and for clarity purposes, replaced.

**(10)** 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**

The Annex to Regulation (EC) No 349/2003 is replaced by 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* .

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 February 2005. *For the Commission* Markos KYPRIANOU *Member of the Commission*

[^1] [OJ L 61, 3.3.1997, p. 1](http://publications.europa.eu/resource/oj/JOL_1997_061_R_TOC) . Regulation as last amended by Commission Regulation (EC) No 834/2004 ( [OJ L 127, 29.4.2004, p. 40](http://publications.europa.eu/resource/oj/JOL_2004_127_R_TOC) ).

[^2] [OJ L 51, 26.2.2003, p. 3](http://publications.europa.eu/resource/oj/JOL_2003_051_R_TOC) . Regulation as last amended by Commission Regulation (EC) No 776/2004 ( [OJ L 123, 27.4.2004, p. 31](http://publications.europa.eu/resource/oj/JOL_2004_123_R_TOC) ).

[^3] [OJ L 250, 19.9.2001, p. 1](http://publications.europa.eu/resource/oj/JOL_2001_250_R_TOC) .

Specimens of species included in Annex A to Regulation (EC) No 338/97 whose introduction into the Community is suspended

| Accipitridae |  |  |  |  |
| --- | --- | --- | --- | --- |
| *Leucopternis occidentalis* | Wild | All | Ecuador, Peru | a |

Specimens of species included in Annex B to Regulation (EC) No 338/97 whose introduction into the Community is suspended

| Primulaceae |  |  |  |  |
| --- | --- | --- | --- | --- |
| *Cyclamen intaminatum* | Wild | All | Turkey | b |
| *Cyclamen mirabile* | Wild | All | Turkey | b |
| *Cyclamen pseudibericum* | Wild | All | Turkey | b |
| *Cyclamen trochopteranthum* | Wild | All | Turkey | b |

[^1]: . Regulation as last amended by Commission Regulation (EC) No 834/2004 ().
[^2]: . Regulation as last amended by Commission Regulation (EC) No 776/2004 ().
[^3]: .