Commission Regulation (EC) No 359/2009 of 30 April 2009 suspending the introduction into the Community of specimens of certain species of wild fauna and flora

of 30 April 2009

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(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. Furthermore, implementing measures for such restrictions have been laid down in Commission Regulation (EC) No 865/2006 of 4 May 2006 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 ² .

(2) A list of species for which the introduction into the Community is suspended was established in Commission Regulation (EC) No 811/2008 of 13 August 2008 suspending the introduction into the Community of specimens of certain species of wild fauna and flora ³ .

(3) 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 Regulation (EC) No 338/97 will be seriously jeopardised if their introduction into the Community from certain countries of origin is not suspended. The introduction of the following species should therefore be suspended:

— Psittacus erithacus from Equatorial Guinea,

— Calumma andringitraensis , Calumma glawi , Calumma guillaumeti , Calumma marojezensis , Calumma vatosoa , Calumma vencesi and Furcifer nicosiai from Madagascar,

— Chamaeleo camerunensis from Cameroon,

— Phelsuma berghofi , Phelsuma hielscheri , Phelsuma malamakibo and Phelsuma masohoala from Madagascar.

(4) The Scientific Review Group has also concluded that, on the basis of the most recent available information, the suspension of the introduction into the Community of the following species should no longer be required:

— Lynx lynx from the Republic of Moldova and Ukraine,

— Lama guanicoe (now known as Lama glama guanicoe ) from Argentina,

— Hippopotamus amphibius from Rwanda,

— Aratinga erythrogenys from Peru,

— Dendrobates auratus and Dendrobates pumilio from Nicaragua,

— Dendrobates tinctorius from Suriname,

— Plerogyra simplex , Hydnophora rigida and Blastomussa wellsi from Fiji,

— Plerogyra sinuosa , Acanthastrea spp. (except Acanthastrea hemprichii ) and Cynarina lacrymalis from Tonga.

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

(6) Some inconsistencies between the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the scientific names in the nomenclatural references for animals adopted at the 14th Conference of the Parties to CITES should be corrected.

(7) The list of species for which the introduction into the Community is suspended should therefore be amended and Regulation (EC) No 811/2008 should be, for clarity reasons, replaced.

(8) 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

Subject to the provisions of Article 71 of Regulation (EC) No 865/2006, the introduction into the Community of specimens of the species of wild fauna and flora listed in the Annex to this Regulation is hereby suspended.

Article 2

Regulation (EC) No 811/2008 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation.

Article 3

This Regulation shall enter into force on the 20th 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, 30 April 2009. For the Commission Stavros DIMAS Member of the Commission

¹ OJ L 61, 3.3.1997, p. 1 .

² OJ L 166, 19.6.2006, p. 1 .

³ OJ L 219, 14.8.2008, p. 17 .

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

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

¹ Animals born in captivity but for which the criteria of Chapter XIII of Regulation (EC) No 865/2006 are not met, as well as parts and derivatives thereof.

Footnotes

1. Animals born in captivity but for which the criteria of Chapter XIII of Regulation (EC) No 865/2006 are not met, as well as parts and derivatives thereof. ↩ ↩² ↩³

2. . ↩ ↩²

3. . ↩ ↩²