19.5.2009

Official Journal of the European Union

L 123/1

COMMISSION REGULATION (EC) No 406/2009

of 18 May 2009

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 19 May 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 May 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

(1) OJ L 299, 16.11.2007, p. 1.

(2) OJ L 350, 31.12.2007, p. 1.

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)
CN code	Third country code (1)	Standard import value
0702 00 00	JO	73,9
	MA	44,2
	MK	80,5
	TN	115,0
	TR	95,0
	ZZ	81,7
0707 00 05	EG	131,0
	JO	155,5
	MA	32,7
	TR	135,1
	ZZ	113,6
0709 90 70	JO	216,7
	TR	120,7
	ZZ	168,7
0805 10 20	EG	44,0
	IL	55,5
	MA	48,4
	TN	49,2
	TR	107,8
	US	49,3
	ZA	56,7
	ZZ	58,7
0805 50 10	AR	50,9
	TR	50,7
	ZA	51,7
	ZZ	51,1
0808 10 80	AR	81,5
	BR	77,9
	CL	82,4
	CN	91,5
	MK	42,0
	NZ	101,5
	US	125,7
	UY	71,7
	ZA	83,4
	ZZ	84,2

(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.

19.5.2009

Official Journal of the European Union

L 123/3

COMMISSION REGULATION (EC) No 407/2009

of 14 May 2009

amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein

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(3) 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 CITES Convention’.

(2)	The following species have been added to Appendix III to the CITES Convention at the request of China: Corallium elatius, Corallium japonicum, Corallium konjoi and Corallium secundum.

(3)

The species Crax daubentoni, Crax globulosa, Crax rubra, Ortalis vetula, Pauxi pauxi, Penelopina nigra, Arborophila campbelli, Arborophila charltonii, Lophura erythrophthalma, Lophura ignita, Semnornis ramphastinus, Baillonius bailloni, Pteroglossus castanotis, Ramphastos dicolorus and Selenidera maculirostris – which are currently included in Annex B to the Annex to Regulation (EC) No 338/97 – are not subject to levels of international trade that might be incompatible with its survival but are included in Appendix III to the CITES Convention at the requests of Colombia, Costa Rica, Guatemala, Honduras, Malaysia and Argentina, and should therefore be transferred from Annex B to Annex C to the Annex to Regulation (EC) No 338/97.

(4)

The species Phyllomedusa sauvagii, Leptodactylus laticeps, Limnonectes macrodon, Rana shqiperica, Ranodon sibiricus, Bolitoglossa dofleini, Cynops ensicauda, Echinotriton andersoni, Pachytriton labiatus, Paramesotriton spp., Salamandra algira and Tylototriton spp. – which are currently not listed in the Annex to Regulation (EC) No 338/97 – are being imported into the Community in such numbers as to warrant monitoring. Those species should therefore be included in Annex D to the Annex to Regulation (EC) No 338/97.

(5)

At the 14th Conference of the Parties to CITES in June 2007 new nomenclatural references for animals were adopted. Some inconsistencies between the CITES Appendices and the scientific names in those nomenclatural references as regards the species Asarcornis scutulata and Pezoporus occidentalis, the families Rheobatrachidae and Phasianidae as well as the order Scandentia were discovered. Since those inconsistencies also appear in the Annex to Regulation (EC) No 338/97, it should be adapted accordingly.

(6)	In view of the extent of the amendments it is appropriate, for clarity purposes, to replace the Annex to Regulation (EC) No 338/97 in its entirety.

(7)	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, 14 May 2009.

For the Commission

Stavros DIMAS

Member of the Commission

(1) OJ L 61, 3.3.1997, p. 1.

ANNEX

‘ANNEX

Notes on interpretation of Annexes A, B, C and D

Species included in these Annexes A, B, C and D are referred to:

(a)	by the name of the species; or

(b)	as being all of the species included in a higher taxon or designated part thereof.

2.	The abbreviation “spp.” is used to denote all species of a higher taxon.

3.	Other references to taxa higher than species are for the purposes of information or classification only.

4.	Species printed in bold in Annex A are listed there in consistency with their protection as provided for by Council Directive 79/409/EEC (“Birds Directive”) or Council Directive 92/43/EEC (“Habitats Directive”).

The following abbreviations are used for plant taxa below the level of species:

(a)	“ssp.” is used to denote subspecies;

(b)	“var(s).” is used to denote variety (varieties); and

(c)	“fa” is used to denote forma.

The symbols “(I)”, “(II)” and “(III)” placed against the name of a species or higher taxon refer to the Appendices of the Convention in which the species concerned are listed as indicated in notes 7 to 9. Where none of these annotations appears, the species concerned are not listed in the Appendices to the Convention.

7.	(I) against the name of a species or higher taxon indicates that the species or higher taxon concerned is included in Appendix I to the Convention.

8.	(II) against the name of a species or higher taxon indicates that the species or higher taxon concerned is included in Appendix II to the Convention.

9.	(III) against the name of a species or higher taxon indicates that it is included in Appendix III to the Convention. In this case the country with respect to which the species or higher taxon is included in Appendix III is also indicated.

10.

Hybrids may be specifically included in the Appendices but only if they form distinct and stable populations in the wild. Hybrid animals that have in their previous four generations of the lineage one or more specimens of species included in Annexes A or B shall be subject to the provisions of this Regulation just as if they were full species, even if the hybrid concerned is not specifically included in the Annexes.

11.

When a species is included in Annex A, B or C, all parts and derivatives of the species are also included in the same Annex unless the species is annotated to indicate that only specific parts and derivatives are included. In accordance with Article 2(t) of this Regulation, the symbol “#” followed by a number placed against the name of a species or higher taxon included in Annex B or C designates parts or derivatives which are specified in relation thereto for the purposes of the Regulation as follows:

Designates all parts and derivatives, except:

(a)	seeds, spores and pollen (including pollinia);

(b)	seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers;

(c)	cut flowers of artificially propagated plants; and

(d)	fruits and parts and derivatives thereof of artificially propagated plants of the genus Vanilla.

Designates all parts and derivations, except:

(a)	seeds and pollen; and

(b)	finished products packaged and ready for retail trade.

Designates whole and sliced roots and parts of roots.

Designates all parts and derivatives, except:

(a)	seeds, except those from Mexican cacti originating in Mexico, and pollen;

(b)	seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers;

(c)	cut flowers of artificially propagated plants;

(d)	fruits and parts and derivatives thereof of naturalised or artificially propagated plants; and

(e)	separate stem joints (pads) and parts and derivatives thereof of naturalised or artifically propagated plants of the genus Opuntia subgenus Opuntia.

Designates logs, sawn wood and veneer sheets.

Designates logs, sawn wood, veneer sheets and plywood.

Designates logs, wood-chips, powder and extracts.

Designates underground parts (i.e. roots, rhizomes): whole, parts and powdered.

Designates all parts and derivatives, except those bearing a label “Produced from Hoodia spp. material obtained through controlled harvesting and production in collaboration with the CITES Management Authorities of Botswana/Namibia/South Africa under agreement No BW/NA/ZA xxxxxx”

#10

Designates logs, sawn wood, veneer sheets, including unfinished wood articles used for the fabrication of bows for stringed musical instruments.

#11

Designates logs, sawn wood, veneer sheets, plywood, powder and extracts

12.

As none of the species or higher taxa of FLORA included in Annex A is annotated to the effect that its hybrids shall be treated in accordance with the provisions of Article 4.1 of the Regulation, this means that artificially propagated hybrids produced from one or more of these species or taxa may be traded with a certificate of artificial propagation, and that seeds and pollen (including pollinia), cut flowers, seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers of these hybrids are not subject to the provisions of the Regulation.

13.	Urine, faeces and ambergris which are waste products and gained without the manipulation of the animal concerned are not subject to the provisions of the Regulation.

14.

In respect of fauna species listed in Annex D, the provisions shall apply only to live specimens and whole, or substantially whole, dead specimens except for taxa which are annotated as follows to show that other parts and derivatives are also covered:

§ 1	Any whole, or substantially whole, skins, raw or tanned.
§ 2	Any feathers or any skin or other part with feathers on it.

15.

In respect of flora species listed in Annex D, the provisions shall apply only to live specimens except for taxa which are annotated as follows to show that other parts and derivatives are also covered:

§ 3	Dried and fresh plants, including, where appropriate; leaves, roots/rootstock, stems, seeds/spores, bark and fruits.
§ 4	Logs, sawn wood and veneer sheets

	Annex A	Annex B	Annex C	Common name
FAUNA
CHORDATA (CHORDATES)
MAMMALIA				Mammals
ARTIODACTYLA
Antilocapridae				Pronghorn
Antilocapridae	Antilocapra americana (I) (Only the population of Mexico; no other population is included in the Annexes to this Regulation)			Mexican pronghorn
Bovidae				Antelopes, cattle, duikers, gazelles, goats, sheep etc.
	Addax nasomaculatus (I)			Addax
		Ammotragus lervia (II)		Barbary sheep
			Antilope cervicapra (III Nepal)	Blackbuck
		Bison bison athabascae (II)		Wood bison
	Bos gaurus (I) (Excludes the domesticated form referenced as Bos frontalis which is not subject to the provisions of this Regulation)			Gaur
	Bos mutus (I) (Excludes the domesticated form referenced as Bos grunniens which is not subject to the provisions of this Regulation)			Wild yak
	Bos sauveli (I)			Kouprey
			Bubalus arnee (III Nepal) (Excludes the domesticated form referenced as Bubalus bubalis, which is not subject to the provisions of this Regulation)	Wild Asiatic buffalo
	Bubalus depressicornis (I)			Lowland anoa
	Bubalus mindorensis (I)			Tamarau
	Bubalus quarlesi (I)			Mountain anoa
		Budorcas taxicolor (II)		Takin
	Capra falconeri (I)			Markhor
	Capricornis milneedwardsii (I)			Chinese serow
	Capricornis rubidus (I)			Red serow
	Capricornis sumatraensis (I)			Sumatran serow
	Capricornis thar (I)			Himalayan serow
		Cephalophus brookei (II)		Brooke's duiker
		Cephalophus dorsalis (II)		Bay duiker
	Cephalophus jentinki (I)			Jentink's duiker
		Cephalophus ogilbyi (II)		Ogilby's duiker
		Cephalophus silvicultor (II)		Yellow-backed duiker
		Cephalophus zebra (II)		Zebra duiker
		Damaliscus pygargus pygargus (II)		Bontebok
	Gazella cuvieri (I)			Cuvier's gazelle
			Gazella dorcas (III Algeria/Tunisia)	Dorcas gazelle
	Gazella leptoceros (I)			Slender-horned gazelle
	Hippotragus niger variani (I)			Giant sable antelope
		Kobus leche (II)		Lechwe
	Naemorhedus baileyi (I)			Red goral
	Naemorhedus caudatus (I)			Long-tailed goral
	Naemorhedus goral (I)			Himalayan goral
	Naemorhedus griseus (I)			Chinese goral
	Nanger dama (I)			Dama gazelle
	Oryx dammah (I)			Scimitar-horned oryx
	Oryx leucoryx (I)			Arabian oryx
		Ovis ammon (II) (Except for the subspecies included in Annex A)		Argali
	Ovis ammon hodgsonii (I)			Tibetan argali
	Ovis ammon nigrimontana (I)			Kara Tau argali
		Ovis canadensis (II) (Only the population of Mexico; no other population is included in the Annexes to this Regulation)		Mexican bighorn sheep
	Ovis orientalis ophion (I)			Cyprus mouflon
		Ovis vignei (II) (Except for the subspecies included in Annex A)		Urial
	Ovis vignei vignei (I)			Ladakh urial
	Pantholops hodgsonii (I)			Chiru
		Philantomba monticola (II)		Blue duiker
	Pseudoryx nghetinhensis (I)			Siola
	Rupicapra pyrenaica ornata (I)			Abruzzo chamois
		Saiga borealis (II)		Mongolian saiga
		Saiga tatarica (II)		Steppe saiga
			Tetracerus quadricornis (III Nepal)	Four-horned antelope
Camelidae				Camels, guanaco, vicuña
		Lama glama guanicoe (II)		Guanaco
	Vicugna vicugna (I) (Except for the populations of: Argentina [the population of the Provinces of Jujuy and Catamarca and the semi-captive populations of the Provinces of Jujuy, Salta, Catamarca, La Rioja and San Juan]; Bolivia [the whole population]; Chile [population of the Primera Región]; and Peru [the whole population]; which are included in Annex B)	Vicugna vicugna (II) (Only the populations of Argentina (1) [the population of the Provinces of Jujuy and Catamarca and the semi-captive populations of the Provinces of Jujuy, Salta, Catamarca, La Rioja and San Juan]; Bolivia (2) [the whole population]; Chile (3) [population of the Primera Región]; Peru (4) [the whole population]; all other populations are included in Annex A)		Vicuña
Cervidae				Deer, huemuls, muntjacs, pudus
	Axis calamianensis (I)			Calamian deer
	Axis kuhlii (I)			Bawean deer
	Axis porcinus annamiticus (I)			Indochina hog deer
	Blastocerus dichotomus (I)			Marsh deer
		Cervus elaphus bactrianus (II)		Bactrian deer
			Cervus elaphus barbarus (III Algeria/Tunisia)	Barbary deer
	Cervus elaphus hanglu (I)			Hangul
	Dama dama mesopotamica (I)			Persian fallow deer
	Hippocamelus spp. (I)			Huemuls
			Mazama temama cerasina (III Guatemala)	Central American red brocket
	Muntiacus crinifrons (I)			Black muntjac
	Muntiacus vuquangensis (I)			Giant muntjac
			Odocoileus virginianus mayensis (III Guatemala)	Guatemalan white-tailed deer
	Ozotoceros bezoarticus (I)			Pampas deer
		Pudu mephistophiles (II)		Northern pudu
	Pudu puda (I)			Southern pudu
	Rucervus duvaucelii (I)			Barasingha
	Rucervus eldii (I)			Eld's deer
Hippopotamidae				Hippopotamuses
		Hexaprotodon liberiensis (II)		Pygmy hippopotamus
		Hippopotamus amphibius (II)		Common hippopotamus
Moschidae				Musk deer
Moschidae	Moschus spp. (I) (Only the populations of Afghanistan, Bhutan, India, Myanmar, Nepal and Pakistan; all other populations are included in Annex B)	Moschus spp. (II) (Except for the populations of Afghanistan, Bhutan, India, Myanmar, Nepal and Pakistan, which are included in Annex A)		Musk deer
Suidae				Babirusa, hogs, pigs
	Babyrousa babyrussa (I)			Buru babirusa
	Babyrousa bolabatuensis (I)			Bola Batu babirusa
	Babyrousa celebensis (I)			North Sulawesi babirusa
	Babyrousa togeanensis (I)			Malenge babirusa
	Sus salvanius (I)			Pygmy hog
Tayassuidae				Peccaries
		Tayassuidae spp. (II) (Except for the species included in Annex A and excluding the populations of Pecari tajacu of Mexico and the United States, which are not included in the Annexes to this Regulation)		Peccaries
	Catagonus wagneri (I)			Chacoan peccary
CARNIVORA
Ailuridae
	Ailurus fulgens (I)			Red panda
Canidae				Dogs, foxes, wolves
			Canis aureus (III India)	Golden jackal
	Canis lupus (I/II) (All populations except those of Spain north of the Duero and Greece north of the 39th parallel. Populations of Bhutan, India, Nepal and Pakistan are listed in Appendix I; all other populations are listed in Appendix II.)	Canis lupus (II) (Populations of Spain north of the Duero and Greece north of the 39th parallel)		Grey wolf
	Canis simensis			Ethiopian wolf
		Cerdocyon thous (II)		Crab-eating fox
		Chrysocyon brachyurus (II)		Maned wolf
		Cuon alpinus (II)		Dhole
		Lycalopex culpaeus (II)		Culpeo
		Lycalopex fulvipes (II)		Darwin's fox
		Lycalopex griseus (II)		South American grey fox
		Lycalopex gymnocercus (II)		Pampas fox
	Speothos venaticus (I)			Bush dog
			Vulpes bengalensis (III India)	Bengal fox
		Vulpes cana (II)		Blanford's fox
		Vulpes zerda (II)		Fennec fox
Eupleridae
		Cryptoprocta ferox (II)		Fossa
		Eupleres goudotii (II)		Falanouc
		Fossa fossana (II)		Malagasy civet
Felidae				Cats, cheetahs, leopards, lions, tigers etc.
		Felidae spp. (II) (Except for the species included in Annex A. Specimens of the domesticated form are not subject to the provisions of this Regulation)		Cats
	Acinonyx jubatus (I) (Annual export quotas for live specimens and hunting trophies are granted as follows: Botswana: 5; Namibia: 150; Zimbabwe: 50. The trade in such specimens is subject to the provisions of Article 4.1 of this Regulation.)			Cheetah
	Caracal caracal (I) (Only the population of Asia; all other populations are included in Annex B)			Asian Caracal
	Catopuma temminckii (I)			Asian golden cat
	Felis nigripes (I)			Black-footed cat
	Felis silvestris (II)			Wild cat
	Leopardus geoffroyi (I)			Geoffroy's cat
	Leopardus jacobitus (I)			Andean mountain cat
	Leopardus pardalis (I)			Ocelot
	Leopardus tigrinus (I)			Oncilla
	Leopardus wiedii (I)			Margay
	Lynx lynx (II)			Eurasian lynx
	Lynx pardinus (I)			Iberian lynx
	Neofelis nebulosa (I)			Clouded leopard
	Panthera leo persica (I)			Asiatic lion
	Panthera onca (I)			Jaguar
	Panthera pardus (I)			Leopard
	Panthera tigris (I)			Tiger
	Pardofelis marmorata (I)			Marbled cat
	Prionailurus bengalensis bengalensis (I) (Only the populations of Bangladesh, India and Thailand; all other populations are included in Annex B.)			Bengal leopard cat
	Prionailurus iriomotensis (II)			Iriomote cat
	Prionailurus planiceps (I)			Flat-headed cat
	Prionailurus rubiginosus (I) (Only the population of India; all other populations are included in Annex B)			Rusty-spotted cat
	Puma concolor coryi (I)			Florida cougar
	Puma concolor costaricensis (I)			Costa Rican cougar
	Puma concolor couguar (I)			Eastern cougar
	Puma yagouaroundi (I) (Only the populations of Central and North America; all other populations are included in Annex B)			Jaguarundi
	Uncia uncia (I)			Snow leopard
Herpestidae				Mongooses
			Herpestes fuscus (III India)	Indian brown mongoose
			Herpestes edwardsi (III India)	Indian grey mongoose
			Herpestes javanicus auropunctatus (III India)	Small Indian mongoose
			Herpestes smithii (III India)	Ruddy mongoose
			Herpestes urva (III India)	Crab-eating mongoose
			Herpestes vitticollis (III India)	Stripe-necked mongoose
Hyaenidae				Aardwolf, hyenas
Hyaenidae			Proteles cristata (III Botswana)	Aardwolf
Mephitidae				Skunks
Mephitidae		Conepatus humboldtii (II)		Humboldt's hog-nosed skunk
Mustelidae				Badgers, martens, weasels etc.
Lutrinae				Otters
		Lutrinae spp. (II) (Except for the species included in Annex A)		Otters
	Aonyx capensis microdon (I) (Only the populations of Cameroon and Nigeria; all other populations are included in Annex B)			Cameroon clawless otter
	Enhydra lutris nereis (I)			Southern sea otter
	Lontra felina (I)			Marine otter
	Lontra longicaudis (I)			Neotropical otter
	Lontra provocax (I)			Southern river otter
	Lutra lutra (I)			European otter
	Lutra nippon (I)			Japanese otter
	Pteronura brasiliensis (I)			Giant otter
Mustelinae				Grisons, martens, tayra, weasels
			Eira barbara (III Honduras)	Tayra
			Galictis vittata (III Costa Rica)	Greater grison
			Martes flavigula (III India)	Yellow-throated marten
			Martes foina intermedia (III India)	Stone marten
			Martes gwatkinsii (III India)	Nilgiri marten
			Mellivora capensis (III Botswana)	Honey badger
	Mustela nigripes (I)			Black-footed ferret
Odobenidae				Walrus
Odobenidae		Odobenus rosmarus (III Canada)		Walrus
Otariidae				Fur seals, sealions
		Arctocephalus spp (II) (Except for the species included in Annex A)		Fur seals
	Arctocephalus philippii (II)			Juan Fernández fur seal
	Arctocephalus townsendi (I)			Guadalupe fur seal
Phocidae				Seals
		Mirounga leonina (II)		Southern elephant seal
	Monachus spp. (I)			Monk seals
Procyonidae				Coatis, olingos
			Bassaricyon gabbii (III Costa Rica)	Olingo
			Bassariscus sumichrasti (III Costa Rica)	Cacomistle
			Nasua narica (III Honduras)	White-nosed coati
			Nasua nasua solitaria (III Uruguay)	South Brazilian coati
			Potos flavus (III Honduras)	Kinkajou
Ursidae				Bears
		Ursidae spp. (II) (Except for the species included in Annex A)		Bears
	Ailuropoda melanoleuca (I)			Giant panda
	Helarctos malayanus (I)			Sun bear
	Melursus ursinus (I)			Sloth bear
	Tremarctos ornatus (I)			Spectacled bear
	Ursus arctos (I/II) (Only the populations of Bhutan, China, Mexico and Mongolia and the subspecies Ursus arctos isabellinus are listed in Appendix I; all other populations and subspecies are listed in Appendix II).			Brown bear
	Ursus thibetanus (I)			Asian black bear
Viverridae				Binturong, civets, linsangs, otter-civet, palm civet
			Arctictis binturong (III India)	Binturong
			Civettictis civetta (III Botswana)	African civet
		Cynogale bennettii (II)		Otter civet
		Hemigalus derbyanus (II)		Banded palm civet
			Paguma larvata (III India)	Masked palm civet
			Paradoxurus hermaphroditus (III India)	Asian palm civet
			Paradoxurus jerdoni (III India)	Jerdon's palm civet
		Prionodon linsang (II)		Banded linsang
	Prionodon pardicolor (I)			Spotted linsang
			Viverra civettina (III India)	Malabar large-spotted civet
			Viverra zibetha (III India)	Large Indian civet
			Viverricula indica (III India)	Small Indian civet
CETACEA				Cetaceans (dolphins, porpoises, whales)
CETACEA	CETACEA spp. (I/II) (5)			Cetaceans
CHIROPTERA
Phyllostomidae				Broad-nosed bats
Phyllostomidae			Platyrrhinus lineatus (III Uruguay)	White-lined bat
Pteropodidae				Fruit bats, flying foxes
		Acerodon spp. (II) (Except for the species included in Annex A)		Flying foxes
	Acerodon jubatus (I)			Golden-capped fruit bat
		Pteropus spp. (II) (Except for the species included in Annex A)		Flying foxes
	Pteropus insularis (I)			Ruck flying fox
	Pteropus livingstonii (II)			Comoro flying fox
	Pteropus loochoensis (I)			Japanese flying fox
	Pteropus mariannus (I)			Marianas flying fox
	Pteropus molossinus (I)			Caroline flying fox
	Pteropus pelewensis (I)			Pelew flying fox
	Pteropus pilosus (I)			Large Pelew flying fox
	Pteropus rodricensis (II)			Rodrigues flying fox
	Pteropus samoensis (I)			Samoan flying fox
	Pteropus tonganus (I)			Pacific flying fox
	Pteropus ualanus (I)			Kosrae flying fox
	Pteropus voeltzkowi (II)			Pemba flying fox
	Pteropus yapensis (I)			Yap flying fox
CINGULATA
Dasypodidae				Armadillos
			Cabassous centralis (III Costa Rica)	Northern naked-tailed armadillo
			Cabassous tatouay (III Uruguay)	Greater naked-tailed armadillo
		Chaetophractus nationi (II) (A zero annual export quota has been established. All specimens shall be deemed to be specimens of species included in Annex A and the trade in them shall be regulated accordingly)		Andean hairy armadillo
	Priodontes maximus (I)			Giant armadillo
DASYUROMORPHIA
Dasyuridae				Dunnarts, marsupial mice, planigales
	Sminthopsis longicaudata (I)			Long-tailed dunnart
	Sminthopsis psammophila (I)			Sandhill dunnart
Thylacinidae				Tasmanian wolf, thylacine
Thylacinidae	Thylacinus cynocephalus (possibly extinct) (I)			Thylacine
DIPROTODONTIA
Macropodidae				Kangaroos, wallabies
		Dendrolagus inustus (II)		Grizzled tree-kangaroo
		Dendrolagus ursinus (II)		Ursine tree-kangaroo
	Lagorchestes hirsutus (I)			Rufous hare-wallaby
	Lagostrophus fasciatus (I)			Banded hare-wallaby
	Onychogalea fraenata (I)			Bridled nail-tail wallaby
	Onychogalea lunata (I)			Crescent nail-tail wallaby
Phalangeridae				Cuscus
		Phalanger intercastellanus (II)		Eastern common cuscus
		Phalanger mimicus (II)		Southern common cuscus
		Phalanger orientalis (II)		Northern common cuscus
		Spilocuscus kraemeri (II)		Admiralty Island cuscus
		Spilocuscus maculatus (II)		Common spotted cuscus
		Spilocuscus papuensis (II)		Waigeou cuscus
Potoroidae				Rat-kangaroos
	Bettongia spp. (I)			Bettongs
	Caloprymnus campestris (possibly extinct) (I)			Desert rat-kangaroo
Vombatidae				Wombats
Vombatidae	Lasiorhinus krefftii (I)			Northern hairy-nosed wombat
LAGOMORPHA
Leporidae				Hares, rabbits
	Caprolagus hispidus (I)			Hispid hare
	Romerolagus diazi (I)			Volcano rabbit
MONOTREMATA
Tachyglossidae				Echidnas, spiny anteaters
Tachyglossidae		Zaglossus spp. (II)		Long-beaked echidnas
PERAMELEMORPHIA
Chaeropodidae				Bandicoots
Chaeropodidae	Chaeropus ecaudatus (possibly extinct) (I)			Pig-footed bandicoot
Peramelidae
	Perameles bougainville (I)			Western barred bandicoot
Thylacomyidae
	Macrotis lagotis (I)			Greater bilby
	Macrotis leucura (I)			Lesser bilby
PERISSODACTYLA
Equidae				Horses, wild asses, zebras
	Equus africanus (I) (Excludes the domesticated form referenced as Equus asinus, which is not subject to the provisions of this Regulation)			African ass
	Equus grevyi (I)			Grévy's zebra
	Equus hemionus (I/II) (The species is listed in Appendix II but subspecies Equus hemionus hemionus and Equus hemionus khur are listed in Appendix I)			Asiatic wild ass
	Equus kiang (II)			Kiang
	Equus przewalskii (I)			Przewalski's horse
		Equus zebra hartmannae (II)		Hartmann's mountain zebra
	Equus zebra zebra (I)			Cape mountain zebra
Rhinocerotidae				Rhinoceroses
	Rhinocerotidae spp. (I) (Except for the subspecies included in Annex B)			Rhinoceroses
		Ceratotherium simum simum (II) (Only the populations of South Africa and Swaziland; all other populations are included in Annex A. For the exclusive purpose of allowing international trade in live animals to appropriate and acceptable destinations and trade in hunting trophies. All other specimens shall be deemed to be specimens of species included in Annex A and trade in them shall be regulated accordingly)		Southern white rhinoceros
Tapiridae				Tapirs
	Tapiridae spp. (I) (Except for the species included in Annex B)			Tapirs
		Tapirus terrestris (II)		South American tapir
PHOLIDOTA
Manidae				Pangolins
Manidae		Manis spp. (II) (A zero annual export quota has been established for Manis crassicaudata, Manis culionensis, Manis javanica and Manis pentadactyla for specimens removed from the wild and traded for primarily commercial purposes)		Pangolins
PILOSA
Bradypodidae				Three-toed sloths
Bradypodidae		Bradypus variegatus (II)		Brown-throated sloth
Megalonychidae				Two-toed sloth
Megalonychidae			Choloepus hoffmanni (III Costa Rica)	Hoffmann's two-toed sloth
Myrmecophagidae				American anteaters
		Myrmecophaga tridactyla (II)		Giant anteater
			Tamandua mexicana (III Guatemala)	Northern tamandua
PRIMATES				Primates (apes and monkeys)
PRIMATES		PRIMATES spp. (II) (Except for the species included in Annex A)		Primates
Atelidae				Howlers, spider monkeys
	Alouatta coibensis (I)			Coiba Island howler
	Alouatta palliata (I)			Mantled howler
	Alouatta pigra (I)			Guatemalan black howler
	Ateles geoffroyi frontatus (I)			Black-browed spider monkey
	Ateles geoffroyi panamensis (I)			Red spider monkey
	Brachyteles arachnoides (I)			Southern muriqui
	Brachyteles hypoxanthus (I)
	Oreonax flavicauda (I)			Yellow-tailed woolly monkey
Cebidae				Marmosets, tamarins, New-world monkeys
	Callimico goeldii (I)			Goeldi's marmoset
	Callithrix aurita (I)			Buffy-tufted marmoset
	Callithrix flaviceps (I)			Buffy-headed marmoset
	Leontopithecus spp. (I)			Lion tamarins
	Saguinus bicolor (I)			Pied tamarin
	Saguinus geoffroyi (I)			Geoffroy's tamarin
	Saguinus leucopus (I)			White-footed tamarin
	Saguinus martinsi (I)
	Saguinus oedipus (I)			Cottontop tamarin
	Saimiri oerstedii (I)			Central American squirrel monkey
Cercopithecidae				Old-world monkeys
	Cercocebus galeritus (I)			Tana River mangabey
	Cercopithecus diana (I)			Diana monkey
	Cercopithecus roloway (I)			Roloway monkey
	Cercopithecus solatus (II)			Sun-tailed monkey
	Colobus satanas (II)			Black colobus
	Macaca silenus (I)			Lion-tailed macaque
	Mandrillus leucophaeus (I)			Drill
	Mandrillus sphinx (I)			Mandrill
	Nasalis larvatus (I)			Proboscis monkey
	Piliocolobus foai (II)			Central African red colobus
	Piliocolobus gordonorum (II)			Uzungwa red colobus
	Piliocolobus kirkii (I)			Zanzibar red colobus
	Piliocolobus pennantii (II)			Pennant's red colobus
	Piliocolobus preussi (II)			Preuss's red colobus
	Piliocolobus rufomitratus (I)			Tana River red colobus
	Piliocolobus tephrosceles (II)			Ugandan red colobus
	Piliocolobus tholloni (II)			Thollon's red colobus
	Presbytis potenziani (I)			Mentawai langur
	Pygathrix spp. (I)			Douc langurs
	Rhinopithecus spp. (I)			Snub-nosed monkeys
	Semnopithecus ajax (I)			Kashmir grey langur
	Semnopithecus dussumieri (I)			Southern Plains grey langur
	Semnopithecus entellus (I)			Northern Plains grey langur
	Semnopithecus hector (I)			Tarai grey langur
	Semnopithecus hypoleucos (I)			Black-footed grey langur
	Semnopithecus priam (I)			Tufted grey langur
	Semnopithecus schistaceus (I)			Nepal grey langur
	Simias concolor (I)			Simakobou
	Trachypithecus delacouri (II)			Delacour's langur
	Trachypithecus francoisi (II)			François's langur
	Trachypithecus geei (I)			Gee's golden langur
	Trachypithecus hatinhensis (II)			Hatinh langur
	Trachypithecus johnii (II)			Nilgiri langur
	Trachypithecus laotum (II)			Laotian langur
	Trachypithecus pileatus (I)			Capped langur
	Trachypithecus poliocephalus (II)			White-headed langur
	Trachypithecus shortridgei (I)			Shortridge's langur
Cheirogaleidae				Dwarf lemurs and mouse-lemurs
Cheirogaleidae	Cheirogaleidae spp. (I)			Dwarf lemurs and mouse lemurs
Daubentoniidae				Aye-aye
Daubentoniidae	Daubentonia madagascariensis (I)			Aye-aye
Hominidae				Chimpanzees, gorillas, orang-utan
	Gorilla beringei (I)			Eastern gorilla
	Gorilla gorilla (I)			Western gorilla
	Pan spp. (I)			Chimpanzee and bonobo
	Pongo abelii (I)			Sumatran orangutan
	Pongo pygmaeus (I)			Bornean orangutan
Hylobatidae				Gibbons
Hylobatidae	Hylobatidae spp. (I)			Gibbons
Indriidae				Indri, sifakas and woolly lemurs
Indriidae	Indriidae spp. (I)			Indri, sifakas and woolly lemurs
Lemuridae				Large lemurs
Lemuridae	Lemuridae spp. (I)			Large lemurs
Lepilemuridae				Sportive lemurs
Lepilemuridae	Lepilemuridae spp. (I)			Sportive lemurs
Lorisidae				Lorises
Lorisidae	Nycticebus spp. (I)			Slow lorises
Pitheciidae				Uacaris, titis, sakis
	Cacajao spp. (I)			Uacaris
	Callicebus barbarabrownae (II)			Barbara Brown's Titi
	Callicebus melanochir (II)			Coastal Black-handed Titi
	Callicebus nigrifrons (II)			Black-fronted Titi
	Callicebus personatus (II)			Atlantic titi
	Chiropotes albinasus (I)			White-nosed saki
Tarsiidae				Tarsiers
Tarsiidae	Tarsius spp. (II)			Tarsiers
PROBOSCIDEA
Elephantidae				Elephants
	Elephas maximus (I)			Asian elephant
	Loxodonta africana (I) (Except for the populations of Botswana, Namibia, South Africa and Zimbabwe, which are included in Annex B)	Loxodonta africana (II) (Only the populations of Botswana, Namibia, South Africa and Zimbabwe (6); all other populations are included in Annex A)		African elephant
RODENTIA
Chinchillidae				Chinchillas
Chinchillidae	Chinchilla spp. (I) (Specimens of the domesticated form are not subject to the provisions of this Regulation)			Chinchillas
Cuniculidae				Pacas
Cuniculidae			Cuniculus paca (III Honduras)	Lowland paca
Dasyproctidae				Agoutis
Dasyproctidae			Dasyprocta punctata (III Honduras)	Central American agouti
Erethizontidae				New-world porcupines
			Sphiggurus mexicanus (III Honduras)	Mexican hairy dwarf porcupine
			Sphiggurus spinosus (III Uruguay)	Paraguaian hairy dwarf porcupine
Hystricidae				Old-world porcupines
Hystricidae	Hystrix cristata			Crested porcupine
Muridae				Mice, rats
	Leporillus conditor (I)			Greater stick-nest rat
	Pseudomys fieldi praeconis (I)			Shark Bay mouse
	Xeromys myoides (I)			False water rat
	Zyzomys pedunculatus (I)			Central Australian rock rat
Sciuridae				Ground squirrels, tree squirrels
	Cynomys mexicanus (I)			Mexican prairie dog
			Marmota caudata (III India)	Long-tailed marmot
			Marmota himalayana (III India)	Himalayan marmot
		Ratufa spp. (II)		Giant squirrels
			Sciurus deppei (III Costa Rica)	Deppe’s squirrel
SCANDENTIA
		SCANDENTIA spp. (II)		Tree shrews
SIRENIA
Dugongidae				Dugong
Dugongidae	Dugong dugon (I)			Dugong
Trichechidae				Manatees
Trichechidae	Trichechidae spp. (I/II) (Trichechus inunguis and Trichechus manatus are listed in Appendix I. Trichechus senegalensis is listed in Appendix II.)			Manatees
AVES				Birds
ANSERIFORMES
Anatidae				Ducks, geese, swans etc.
	Anas aucklandica (I)			Auckland Islands teal
		Anas bernieri (II)		Madagascar teal
	Anas chlorotis (I)			Brown teal
		Anas formosa (II)		Baikal teal
	Anas laysanensis (I)			Laysan duck
	Anas nesiotis (I)			Campbell Island teal
	Anas oustaleti (I)			Marianas mallard
	Anas querquedula			Garganey
	Asarcornis scutulata (I)			White-winged duck
	Aythya innotata			Madagascar pochard
	Aythya nyroca			Ferruginous duck
	Branta canadensis leucopareia (I)			Aleutian goose
	Branta ruficollis (II)			Red-breasted goose
	Branta sandvicensis (I)			Nene
			Cairina moschata (III Honduras)	Muscovy duck
		Coscoroba coscoroba (II)		Coscoroba swan
		Cygnus melancoryphus (II)		Black-necked swan
		Dendrocygna arborea (II)		West Indian whistling-duck
			Dendrocygna autumnalis (III Honduras)	Black-bellied whistling-duck
			Dendrocygna bicolor (III Honduras)	Fulvous whistling-duck
	Mergus octosetaceus			Brazilian merganser
		Oxyura jamaicensis		Ruddy duck
	Oxyura leucocephala (II)			White-headed duck
	Rhodonessa caryophyllacea (possibly extinct) (I)			Pink-headed duck
		Sarkidiornis melanotos (II)		Comb duck
	Tadorna cristata			Crested shelduck
APODIFORMES
Trochilidae				Hummingbirds
		Trochilidae spp. (II) (Except for the species included in Annex A)		Hummingbirds
	Glaucis dohrnii (I)			Hook-billed hermit
CHARADRIIFORMES
Burhinidae				Thick-knees
Burhinidae			Burhinus bistriatus (III Guatemala)	Double-striped thick-knee
Laridae				Gulls, terns
Laridae	Larus relictus (I)			Relict gull
Scolopacidae				Curlews, greenshanks
	Numenius borealis (I)			Eskimo curlew
	Numenius tenuirostris (I)			Slender-billed curlew
	Tringa guttifer (I)			Nordmann's greenshank
CICONIIFORMES
Ardeidae				Egrets, herons
	Ardea alba			Great egret
	Bubulcus ibis			Cattle egret
	Egretta garzetta			Little egret
Balaenicipitidae				Shoebill, whale-headed stork
Balaenicipitidae		Balaeniceps rex (II)		Shoebill
Ciconiidae				Storks
	Ciconia boyciana (I)			Oriental stork
	Ciconia nigra (II)			Black stork
	Ciconia stormi			Storm's stork
	Jabiru mycteria (I)			Jabiru
	Leptoptilos dubius			Greater adjutant stork
	Mycteria cinerea (I)			Milky stork
Phoenicopteridae				Flamingos
		Phoenicopteridae spp. (II) (Except for the species included in Annex A)		Flamingos
	Phoenicopterus ruber (II)			Greater flamingo
Threskiornithidae				Ibises, spoonbills
		Eudocimus ruber (II)		Scarlet ibis
	Geronticus calvus (II)			Bald ibis
	Geronticus eremita (I)			Waldrapp
	Nipponia nippon (I)			Crested ibis
	Platalea leucorodia (II)			Eurasian spoonbill
	Pseudibis gigantean			Giant ibis
COLUMBIFORMES
Columbidae				Doves, pigeons
	Caloenas nicobarica (I)			Nicobar pigeon
	Claravis godefrida			Purple-winged ground-dove
	Columba livia			Rock pigeon
	Ducula mindorensis (I)			Mindoro zone-tailed pigeon
		Gallicolumba luzonica (II)		Luzon bleeding-heart
		Goura spp. (II)		Crowned-pigeons
	Leptotila wellsi			Grenada dove
			Nesoenas mayeri (III Mauritius)	Pink pigeon
	Streptopelia turtur			European turtle-dove
CORACIIFORMES
Bucerotidae				Hornbills
		Aceros spp. (II) (Except for the species included in Annex A)		Hornbills
	Aceros nipalensis (I)			Rufous-necked hornbill
		Anorrhinus spp. (II)		Hornbills
		Anthracoceros spp. (II)		Hornbills
		Berenicornis spp. (II)		Hornbills
		Buceros spp. (II) (Except for the species included in Annex A)		Hornbills
	Buceros bicornis (I)			Great hornbill
		Penelopides spp. (II)		Hornbills
	Rhinoplax vigil (I)			Helmeted hornbill
		Rhyticeros spp. (II) (Except for the species included in Annex A)		Hornbills
	Rhyticeros subruficollis (I)			Plain-pouched hornbill
CUCULIFORMES
Musophagidae				Turacos
		Tauraco spp. (II) (Except for the species included in Annex A)		Turacos
	Tauraco bannermani (II)			Bannerman's turaco
FALCONIFORMES				Diurnal birds of prey (eagles, falcons, hawks, vultures)
FALCONIFORMES		FALCONIFORMES spp. (II) (Except for the species included in Annex A and for one species of the family Cathartidae included in Annex C; the other species of that family are not included in the Annexes to this Regulation)		Diurnal birds of prey
Accipitridae				Hawks, eagles
	Accipiter brevipes (II)			Levant sparrowhawk
	Accipiter gentilis (II)			Northern goshawk
	Accipiter nisus (II)			Eurasian sparrowhawk
	Aegypius monachus (II)			Cinereous vulture
	Aquila adalberti (I)			Adalbert's eagle
	Aquila chrysaetos (II)			Golden eagle
	Aquila clanga (II)			Greater spotted eagle
	Aquila heliaca (I)			Imperial eagle
	Aquila pomarina (II)			Lesser spotted eagle
	Buteo buteo (II)			Common buzzard
	Buteo lagopus (II)			Rough-legged buzzard
	Buteo rufinus (II)			Long-legged buzzard
	Chondrohierax uncinatus wilsonii (I)			Cuban hook-billed kite
	Circaetus gallicus (II)			Short-toed snake-eagle
	Circus aeruginosus (II)			Western marsh-harrier
	Circus cyaneus (II)			Northern harrier
	Circus macrourus (II)			Pallid harrier
	Circus pygargus (II)			Montagu's harrier
	Elanus caeruleus (II)			Black-winged kite
	Eutriorchis astur (II)			Madagascar serpent-eagle
	Gypaetus barbatus (II)			Lammergeier
	Gyps fulvus (II)			Eurasian griffon
	Haliaeetus spp. (I/II) (Haliaeetus albicilla is listed in Appendix I; the other species are listed in Appendix II)			Sea-eagles
	Harpia harpyja (I)			Harpy eagle
	Hieraaetus fasciatus (II)			Bonelli's eagle
	Hieraaetus pennatus (II)			Booted eagle
	Leucopternis occidentalis (II)			Grey-backed hawk
	Milvus migrans (II)			Black kite
	Milvus milvus (II)			Red kite
	Neophron percnopterus (II)			Egyptian vulture
	Pernis apivorus (II)			European honey-buzzard
	Pithecophaga jefferyi (I)			Great Philippine eagle
Cathartidae				New world vultures
	Gymnogyps californianus (I)			California condor
			Sarcoramphus papa (III Honduras)	King vulture
	Vultur gryphus (I)			Andean condor
Falconidae				Falcons
	Falco araeus (I)			Seychelles kestrel
	Falco biarmicus (II)			Lanner falcon
	Falco cherrug (II)			Saker falcon
	Falco columbarius (II)			Merlin
	Falco eleonorae (II)			Eleonora's falcon
	Falco jugger (I)			Laggar falcon
	Falco naumanni (II)			Lesser kestrel
	Falco newtoni (I) (Only the population of the Seychelles)			Newton's kestrel
	Falco pelegrinoides (I)			Barbary falcon
	Falco peregrinus (I)			Peregrine falcon
	Falco punctatus (I)			Mauritius kestrel
	Falco rusticolus (I)			Gyrfalcon
	Falco subbuteo (II)			Eurasian hobby
	Falco tinnunculus (II)			Common kestrel
	Falco vespertinus (II)			Red-footed falcon
Pandionidae				Ospreys
Pandionidae	Pandion haliaetus (II)			Osprey
GALLIFORMES
Cracidae
		Crax fasciolata		Bare-faced Curassow
	Crax alberti (III Colombia)			Blue-knobbed curassow
	Crax blumenbachii (I)			Red-billed curassow
			Crax daubentoni (III Colombia)	Yellow-knobbed curassow
			Crax globulosa (III Colombia)	Wattled curassow
			Crax rubra (III Colombia, Costa Rica, Guatemala and Honduras)	Great currasow
	Mitu mitu (I)			Alagoas curassow
	Oreophasis derbianus (I)			Horned guan
		Ortalis vetula (III Guatemala/Honduras)		Plain chachalaca
		Pauxi pauxi (III Colombia)		Helmeted curassow
	Penelope albipennis (I)			White-winged guan
			Penelope purpurascens (III Honduras)	Crested guan
			Penelopina nigra (III Guatemala)	Highland guan
	Pipile jacutinga (I)			Black-fronted piping guan
	Pipile pipile (I)			Trinidad piping guan
Megapodiidae				Megapodes, scrubfowl
Megapodiidae	Macrocephalon maleo (I)			Maleo
Phasianidae				Grouse, guineafowl, partridges, pheasants, tragopans
			Arborophila campbelli (III Malaysia)	Grey-breasted partridge
			Arborophila charltonii (III Malaysia)	Chestnut-necklaced partridge
		Argusianus argus (II)		Great argus
			Caloperdix oculeus (III Malaysia)	Ferruginous partridge
	Catreus wallichii (I)			Cheer pheasant
	Colinus virginianus ridgwayi (I)			Masked bobwhite
	Crossoptilon crossoptilon (I)			White eared-pheasant
	Crossoptilon mantchuricum (I)			Brown eared-pheasant
		Gallus sonneratii (II)		Grey junglefowl
		Ithaginis cruentus (II)		Blood pheasant
	Lophophorus impejanus (I)			Himalayan monal
	Lophophorus lhuysii (I)			Chinese monal
	Lophophorus sclateri (I)			Sclater's monal
	Lophura edwardsi (I)			Edwards' pheasant
			Lophura erythrophthalma (III Malaysia)	Crestless fireback
		Lophura hatinhensis		Vietnamese fireback
			Lophura ignita (III Malaysia)	Crested fireback
	Lophura imperialis (I)			Imperial pheasant
	Lophura swinhoii (I)			Swinhoe's pheasant
			Melanoperdix niger (III Malaysia)	Black partridge
			Meleagris ocellata (III Guatemala)	Ocellated turkey
	Odontophorus strophium			Gorgeted wood-quail
	Ophrysia superciliosa			Himalayan quail
		Pavo muticus (II)		Green peafowl
		Polyplectron bicalcaratum (II)		Grey peacock-pheasant
		Polyplectron germaini (II)		Germain's peacock-pheasant
			Polyplectron inopinatum (III Malaysia)	Mountain peacock-pheasant
		Polyplectron malacense (II)		Malayan peacock-pheasant
	Polyplectron napoleonis (I)			Palawan peacock-pheasant
		Polyplectron schleiermacheri (II)		Bornean peacock-pheasant
	Rheinardia ocellata (I)			Crested argus
			Rhizothera dulitensis (III Malaysia)	Hose's partridge
			Rhizothera longirostris (III Malaysia)	Long-billed partridge
			Rollulus rouloul (III Malaysia)	Crested partridge
	Syrmaticus ellioti (I)			Elliot's pheasant
	Syrmaticus humiae (I)			Hume's pheasant
	Syrmaticus mikado (I)			Mikado pheasant
	Tetraogallus caspius (I)			Caspian snowcock
	Tetraogallus tibetanus (I)			Tibetan snowcock
	Tragopan blythii (I)			Blyth's tragopan
	Tragopan caboti (I)			Cabot's tragopan
	Tragopan melanocephalus (I)			Western tragopan
			Tragopan satyra (III Nepal)	Satyr tragopan
	Tympanuchus cupido attwateri (I)			Attwater's prairie-chicken
GRUIFORMES
Gruidae				Cranes
		Gruidae spp. (II) (Except for the species included in Annex A)		Cranes
	Grus americana (I)			Whooping crane
	Grus canadensis (I/II) (The species is listed in Appendix II but subspecies Grus canadensis nesiotes and Grus canadensis pulla are listed in Appendix I)			Sandhill crane
	Grus grus (II)			Common crane
	Grus japonensis (I)			Red-crowned crane
	Grus leucogeranus (I)			Siberian crane
	Grus monacha (I)			Hooded crane
	Grus nigricollis (I)			Black-necked crane
	Grus vipio (I)			White-necked crane
Otididae				Bustards
		Otididae spp. (II) (Except for the species included in Annex A)		Bustards
	Ardeotis nigriceps (I)			Indian bustard
	Chlamydotis macqueenii (I)			Macqueen's bustard
	Chlamydotis undulata (I)			Houbara bustard
	Houbaropsis bengalensis (I)			Bengal florican
	Otis tarda (II)			Great bustard
	Sypheotides indicus (II)			Lesser florican
	Tetrax tetrax (II)			Little bustard
Rallidae				Coots, rails
Rallidae	Gallirallus sylvestris (I)			Lord Howe rail
Rhynochetidae				Kagu
Rhynochetidae	Rhynochetos jubatus (I)			Kagu
PASSERIFORMES
Atrichornithidae				Scrub-birds
Atrichornithidae	Atrichornis clamosus (I)			Noisy scrub-bird
Cotingidae				Cotingas
			Cephalopterus ornatus (III Colombia)	Amazonian umbrella bird
			Cephalopterus penduliger (III Colombia)	Long-wattled umbrella bird
	Cotinga maculata (I)			Banded cotinga
		Rupicola spp. (II)		Cocks-of-the-rock
	Xipholena atropurpurea (I)			White-winged cotinga
Emberizidae				Cardinals, tanagers
		Gubernatrix cristata (II)		Yellow cardinal
		Paroaria capitata (II)		Yellow-billed cardinal
		Paroaria coronata (II)		Red-crested cardinal
		Tangara fastuosa (II)		Seven-coloured tanager
Estrildidae				Mannikins, waxbills
		Amandava formosa (II)		Green avadavat
		Lonchura fuscata		Timor sparrow
		Lonchura oryzivora (II)		Java sparrow
		Poephila cincta cincta (II)		Southern black-throated finch
Fringillidae				Finches
	Carduelis cucullata (I)			Red siskin
		Carduelis yarrellii (II)		Yellow-faced siskin
Hirundinidae				Martins
Hirundinidae	Pseudochelidon sirintarae (I)			White-eyed river-martin
Icteridae				New-world blackbirds
Icteridae	Xanthopsar flavus (I)			Saffron-cowled blackbird
Meliphagidae				Honey-eaters
Meliphagidae	Lichenostomus melanops cassidix (I)			Helmeted honeyeater
Muscicapidae				Old-world flycatchers
	Acrocephalus rodericanus (III Mauritius)			Rodrigues brush-warbler
		Cyornis ruckii (II)		Rueck's blue-flycatcher
	Dasyornis broadbenti litoralis (possibly extinct) (I)			Western rufous bristlebird
	Dasyornis longirostris (I)			Western bristlebird
		Garrulax canorus (II)		Melodious laughingthrush
		Leiothrix argentauris (II)		Silver-eared mesia
		Leiothrix lutea (II)		Red-billed leiothrix
		Liocichla omeiensis (II)		Omei Shan liocichla
	Picathartes gymnocephalus (I)			White-necked rockfowl
	Picathartes oreas (I)			Grey-necked rockfowl
			Terpsiphone bourbonnensis (III Mauritius)	Mascarene paradise-flycatcher
Paradisaeidae				Birds of paradise
Paradisaeidae		Paradisaeidae spp. (II)		Birds of paradise
Pittidae				Pittas
		Pitta guajana (II)		Banded pitta
	Pitta gurneyi (I)			Gurney's pitta
	Pitta kochi (I)			Whiskered pitta
		Pitta nympha (II)		Fairy pitta
Pycnonotidae				Bulbuls
Pycnonotidae		Pycnonotus zeylanicus (II)		Straw-headed bulbul
Sturnidae				Mynas
		Gracula religiosa (II)		Hill myna
	Leucopsar rothschildi (I)			Bali myna
Zosteropidae				White-eyes
Zosteropidae	Zosterops albogularis (I)			White-chested white-eye
PELECANIFORMES
Fregatidae				Frigatebirds
Fregatidae	Fregata andrewsi (I)			Christmas frigatebird
Pelecanidae				Pelicans
Pelecanidae	Pelecanus crispus (I)			Dalmatian pelican
Sulidae				Boobies
Sulidae	Papasula abbotti (I)			Abbott's booby
PICIFORMES
Capitonidae				Barbets
Capitonidae			Semnornis ramphastinus (III Colombia)	Toucan barbet
Picidae				Woodpeckers
	Campephilus imperialis (I)			Imperial woodpecker
	Dryocopus javensis richardsi (I)			Tristram's woodpecker
Ramphastidae				Toucans
			Baillonius bailloni (III Argentina)	Saffron toucanet
		Pteroglossus aracari (II)		Black-necked aracari
			Pteroglossus castanotis (III Argentina)	Chestnut-eared aracari
		Pteroglossus viridis (II)		Green aracari
			Ramphastos dicolorus (III Argentina)	Red-breasted toucan
		Ramphastos sulfuratus (II)		Keel-billed toucan
		Ramphastos toco (II)		Toco toucan
		Ramphastos tucanus (II)		Red-billed toucan
		Ramphastos vitellinus (II)		Channel-billed toucan
			Selenidera maculirostris (III Argentina)	Spot-billed toucanet
PODICIPEDIFORMES
Podicipedidae				Grebes
Podicipedidae	Podilymbus gigas (I)			Atitlan Grebe
PROCELLARIIFORMES
Diomedeidae				Albatrosses
Diomedeidae	Phoebastria albatrus (I)			Short-tailed albatross
PSITTACIFORMES				Cockatoos, lories, macaws, parakeets, parrots etc.
PSITTACIFORMES		PSITTACIFORMES spp. (II) (Except for the species included in Annex A and excluding Agapornis roseicollis, Melopsittacus undulatus, Nymphicus hollandicus and Psittacula krameri, which are not included in the Annexes to this Regulation)		Parrots, etc.
Cacatuidae				Cockatoos
	Cacatua goffini (I)			Tanimbar cockatoo
	Cacatua haematuropygia (I)			Philippine cockatoo
	Cacatua moluccensis (I)			Salmon-crested cockatoo
	Cacatua sulphurea (I)			Yellow-crested cockatoo
	Probosciger aterrimus (I)			Palm cockatoo
Loriidae				Lories, lorikeets
	Eos histrio (I)			Red and blue lory
	Vini spp. (I/II) (Vini ultramarina is listed in Appendix I, the other species are listed in Appendix II)			Blue lorikeets
Psittacidae				Amazons, macaws, parakeets, parrots
	Amazona arausiaca (I)			Red-necked parrot
	Amazona auropalliata (I)			Yellow-naped parrot
	Amazona barbadensis (I)			Yellow-shouldered parrot
	Amazona brasiliensis (I)			Red-tailed parrot
	Amazona finschi (I)			Lilac-crowned parrot
	Amazona guildingii (I)			St Vincent parrot
	Amazona imperialis (I)			Imperial parrot
	Amazona leucocephala (I)			Cuban parrot
	Amazona oratrix (I)			Yellow-headed parrot
	Amazona pretrei (I)			Red-spectacled parrot
	Amazona rhodocorytha (I)			Red-browed parrot
	Amazona tucumana (I)			Tucuman parrot
	Amazona versicolor (I)			Saint Lucia parrot
	Amazona vinacea (I)			Vinaceous parrot
	Amazona viridigenalis (I)			Green-cheeked parrot
	Amazona vittata (I)			Puerto Rican parrot
	Anodorhynchus spp. (I)			Blue macaws
	Ara ambiguus (I)			Great green macaw
	Ara glaucogularis (I)			Blue-throated macaw
	Ara macao (I)			Scarlet macaw
	Ara militaris (I)			Military macaw
	Ara rubrogenys (I)			Red-fronted macaw
	Cyanopsitta spixii (I)			Spix's macaw
	Cyanoramphus cookii (I)			Norfolk Island parakeet
	Cyanoramphus forbesi (I)			Chatham Island yellow-fronted parakeet
	Cyanoramphus novaezelandiae (I)			Red-fronted parakeet
	Cyanoramphus saisseti (I)			Red-crowned parakeet
	Cyclopsitta diophthalma coxeni (I)			Coxen's double-eyed fig parrot
	Eunymphicus cornutus (I)			Horned parakeet
	Guarouba guarouba (I)			Golden parakeet
	Neophema chrysogaster (I)			Orange-bellied parrot
	Ognorhynchus icterotis (I)			Yellow-eared parrot
	Pezoporus occidentalis (possibly extinct) (I)			Night parrot
	Pezoporus wallicus (I)			Ground parrot
	Pionopsitta pileata (I)			Pileated parrot
	Primolius couloni (I)			Blue-headed macaw
	Primolius maracana (I)			Blue-winged macaw
	Psephotus chrysopterygius (I)			Golden-shouldered parrot
	Psephotus dissimilis (I)			Hooded parrot
	Psephotus pulcherrimus (possibly extinct) (I)			Paradise parrot
	Psittacula echo (I)			Mauritius parakeet
	Pyrrhura cruentata (I)			Blue-throated parakeet
	Rhynchopsitta spp. (I)			Thick-billed parrots
	Strigops habroptilus (I)			Kakapo
RHEIFORMES
Rheidae				Rheas
	Pterocnemia pennata (I) (Except Pterocnemia pennata pennata which is included in Annex B)			Lesser rhea
		Pterocnemia pennata pennata (II)		Lesser rhea
		Rhea americana (II)		Greater rhea
SPHENISCIFORMES
Spheniscidae				Penguins
		Spheniscus demersus (II)		Jackass penguin
	Spheniscus humboldti (I)			Humboldt penguin
STRIGIFORMES				Owls
STRIGIFORMES		STRIGIFORMES spp. (II) (Except for the species included in Annex A)		Owls
Strigidae				Owls
	Aegolius funereus (II)			Boreal owl
	Asio flammeus (II)			Short-eared owl
	Asio otus (II)			Long-eared owl
	Athene noctua (II)			Little owl
	Bubo bubo (II)			Eurasian eagle-owl
	Glaucidium passerinum (II)			Eurasian pygmy-owl
	Heteroglaux blewitti (I)			Forest owlet
	Mimizuku gurneyi (I)			Lesser eagle-owl
	Ninox natalis (I)			Christmas hawk-owl
	Ninox novaeseelandiae undulata (I)			Norfolk boobook
	Nyctea scandiaca (II)			Snowy owl
	Otus ireneae (II)			Sokoke scops-owl
	Otus scops (II)			Eurasian scops-owl
	Strix aluco (II)			Tawny owl
	Strix nebulosa (II)			Great grey owl
	Strix uralensis (II)			Ural owl
	Surnia ulula (II)			Northern hawk owl
Tytonidae				Barn owls
	Tyto alba (II)			Barn owl
	Tyto soumagnei (I)			Soumagne's owl
STRUTHIONIFORMES
Struthionidae				Ostrich
Struthionidae	Struthio camelus (I) (Only the populations of Algeria, Burkina Faso, Cameroon, the Central African Republic, Chad, Mali, Mauritania, Morocco, the Niger, Nigeria, Senegal and the Sudan; all other populations are not included in the Annexes to this Regulation)			Ostrich
TINAMIFORMES
Tinamidae				Tinamous
Tinamidae	Tinamus solitarius (I)			Solitary tinamou
TROGONIFORMES
Trogonidae				Quetzals
Trogonidae	Pharomachrus mocinno (I)			Resplendent quetzal
REPTILIA				Reptiles
CROCODYLIA				Alligators, caimans, crocodiles
CROCODYLIA		CROCODYLIA spp. (II) (Except for the species included in Annex A)		Alligators, caimans, crocodiles
Alligatoridae				Alligators, caimans
	Alligator sinensis (I)			Chinese alligator
	Caiman crocodilus apaporiensis (I)			Rio Apaporis spectacled caiman
	Caiman latirostris (I) (Except for the population of Argentina, which is included in Annex B)			Broad-nosed caiman
	Melanosuchus niger (I) (Except for the population of Brazil, which is included in Annex B, and population of Ecuador, which is included in Annex B and is subject to a zero annual export quota until an annual export quota has been approved by the CITES Secretariat and the IUCN/SSC Crocodile Specialist Group)			Black caiman
Crocodylidae				Crocodiles
	Crocodylus acutus (I) (Except for the population of Cuba, which is included in Annex B)			American crocodile
	Crocodylus cataphractus (I)			African slender-snouted crocodile
	Crocodylus intermedius (I)			Orinoco crocodile
	Crocodylus mindorensis (I)			Philippine crocodile
	Crocodylus moreletii (I)			Morelet's crocodile
	Crocodylus niloticus (I) (Except for the populations of Botswana, Ethiopia, Kenya, Madagascar, Malawi, Mozambique, Namibia, South Africa, Uganda, the United Republic of Tanzania [subject to an annual export quota of no more than 1 600 wild specimens including hunting trophies, in addition to ranched specimens], Zambia and Zimbabwe; these populations are included in Annex B)			Nile crocodile
	Crocodylus palustris (I)			Mugger crocodile
	Crocodylus porosus (I) (Except for the populations of Australia, Indonesia and Papua New Guinea, which are included in Annex B)			Estuarine crocodile
	Crocodylus rhombifer (I)			Cuban crocodile
	Crocodylus siamensis (I)			Siamese crocodile
	Osteolaemus tetraspis (I)			West African dwarf crocodile
	Tomistoma schlegelii (I)			False gharial
Gavialidae				Gavial or gharial
Gavialidae	Gavialis gangeticus (I)			Gharial
RHYNCHOCEPHALIA
Sphenodontidae				Tuataras
Sphenodontidae	Sphenodon spp. (I)			Tuataras
SAURIA
Agamidae				Spiny-tailed lizards (Agamas, mastigures)
Agamidae		Uromastyx spp. (II)		Spiny-tailed lizards
Chamaeleonidae				Chameleons
		Bradypodion spp. (II)		Dwarf chameleons
		Brookesia spp. (II) (Except for the species included in Annex A)		Dwarf chameleons
	Brookesia perarmata (I)			Dwarf spiny chameleon
		Calumma spp. (II)		Madagascar chameleons
		Chamaeleo spp. (II) (Except for the species included in Annex A)		Chameleons
	Chamaeleo chamaeleon (II)			European chameleon
		Furcifer spp. (II)		Madagascar chameleons
Cordylidae				Spiny-tailed lizards
Cordylidae		Cordylus spp. (II)		Girdled lizards
Gekkonidae				Geckos
		Cyrtodactylus serpensinsula (II)		Serpent Island gecko
			Hoplodactylus spp. (III New Zealand)	Sticky-toed geckos
			Naultinus spp. (III New Zealand)	New Zealand tree geckos
		Phelsuma spp. (II) (Except for the species included in Annex A)		Day geckos
	Phelsuma guentheri (II)			Round Island day gecko
		Uroplatus spp. (II)		Flat-tailed geckos
Helodermatidae				Gila monster and beaded lizard
		Heloderma spp. (II) (Except for the subspecies included in Annex A)		Gila monster and beaded lizard
	Heloderma horridum charlesbogerti (I)			Guatemalan beaded lizard
Iguanidae				Iguanas
		Amblyrhynchus cristatus (II)		Galapagos marine iguana
	Brachylophus spp. (I)			Fiji iguanas
		Conolophus spp. (II)		Galapagos land iguanas
	Cyclura spp. (I)			Ground iguanas
		Iguana spp. (II)		Iguanas
		Phrynosoma coronatum (II)		Coast horned lizard
	Sauromalus varius (I)			San Esteban Island chuckwalla
Lacertidae				Lizards
	Gallotia simonyi (I)			Hierro giant lizard
	Podarcis lilfordi (II)			Lilford's wall lizard
	Podarcis pityusensis (II)			Ibiza wall lizard
Scincidae				Skinks
Scincidae		Corucia zebrata (II)		Prehensile-tailed skink
Teiidae				Caiman lizards, tegu lizards
		Crocodilurus amazonicus (II)		Dragon lizard
		Dracaena spp. (II)		Caiman lizards
		Tupinambis spp. (II)		Tegus
Varanidae				Monitor lizards
		Varanus spp. (II) (Except for the species included in Annex A)		Monitor lizards
	Varanus bengalensis (I)			Indian monitor
	Varanus flavescens (I)			Yellow monitor
	Varanus griseus (I)			Desert monitor
	Varanus komodoensis (I)			Komodo dragon
	Varanus nebulosus (I)			Clouded monitor
	Varanus olivaceus (II)			Gray's monitor
Xenosauridae				Chinese crocodile lizard
Xenosauridae		Shinisaurus crocodilurus (II)		Chinese crocodile lizard
SERPENTES				Snakes
Boidae				Boas
		Boidae spp. (II) (Except for the species included in Annex A)		Boas
	Acrantophis spp. (I)			Madagascar ground boas
	Boa constrictor occidentalis (I)			Argentine boa constrictor
	Epicrates inornatus (I)			Puerto Rican boa
	Epicrates monensis (I)			Virgin Island tree boa
	Epicrates subflavus (I)			Jamaican boa
	Eryx jaculus (II)			Spotted sand boa
	Sanzinia madagascariensis (I)			Madagascar tree boa
Bolyeriidae				Round Island boas
		Bolyeriidae spp. (II) (Except for the species included in Annex A)		Round Island boas
	Bolyeria multocarinata (I)			Round Island boa
	Casarea dussumieri (I)			Round Island keel-scaled boa
Colubridae				Typical snakes, water snakes, whip snakes
			Atretium schistosum (III India)	Olive keel-back
			Cerberus rynchops (III India)	Dog-faced water snake
		Clelia clelia (II)		Mussurana
		Cyclagras gigas (II)		False cobra
		Elachistodon westermanni (II)		Indian egg-eating snake
		Ptyas mucosus (II)		Common rat snake
			Xenochrophis piscator (III India)	Checkered keel-back
Elapidae				Cobras, coral snakes
		Hoplocephalus bungaroides (II)		Broad-headed snake
			Micrurus diastema (III Honduras)	Atlantic coral snake
			Micrurus nigrocinctus (III Honduras)	Central American coral snake
		Naja atra (II)		Chinese spitting cobra
		Naja kaouthia (II)		Monocellate cobra
		Naja mandalayensis (II)		Burmese spitting cobra
		Naja naja (II)		Indian cobra
		Naja oxiana (II)		Central Asian cobra
		Naja philippinensis (II)		North Philippine spitting cobra
		Naja sagittifera (II)		Andaman cobra
		Naja samarensis (II)		South-east Philippine spitting cobra
		Naja siamensis (II)		Indochinese spitting cobra
		Naja sputatrix (II)		South Indonesian spitting cobra
		Naja sumatrana (II)		Golden spitting cobra
		Ophiophagus hannah (II)		King cobra
Loxocemidae				Mexican dwarf boa
Loxocemidae		Loxocemidae spp. (II)		Mexican dwarf boa
Pythonidae				Pythons
		Pythonidae spp. (II) (Except for the subspecies included in Annex A)		Pythons
	Python molurus molurus (I)			Indian python
Tropidophiidae				Wood boas
Tropidophiidae		Tropidophiidae spp. (II)		Wood boas
Viperidae				Vipers
			Crotalus durissus (III Honduras)	Neotropical rattlesnake
		Crotalus durissus unicolor		Aruba rattlesnake
			Daboia russelii (III India)	Russell's viper
	Vipera latifii			Latifi's viper
	Vipera ursinii (I) (Only the population of Europe, except the area which formerly constituted the USSR; these latter populations are not included in the Annexes to this Regulation)			Orsini's viper
		Vipera wagneri (II)		Wagner's viper
TESTUDINES
Carettochelyidae				Pig-nosed turtles
Carettochelyidae		Carettochelys insculpta (II)		Pig-nosed turtle
Chelidae				Austro-American sideneck turtles
		Chelodina mccordi (II)		Roti snake-necked turtle
	Pseudemydura umbrina (I)			Western swamp turtle
Cheloniidae				Sea turtles
Cheloniidae	Cheloniidae spp. (I)			Sea turtles
Chelydridae				Snapping turltes
Chelydridae			Macrochelys temminckii (III United States of America)	Alligator snapping turtle
Dermatemydidae				Central American river turtle
Dermatemydidae		Dermatemys mawii (II)		Central American river turtle
Dermochelyidae				Leatherback turtle
Dermochelyidae	Dermochelys coriacea (I)			Leatherback turtle
Emydidae				Box turtles, freshwater turtles
		Chrysemys picta		Painted turtle
		Glyptemys insculpta (II)		Wood turtle
	Glyptemys muhlenbergii (I)			Bog turtle
			Graptemys spp. (III United States of America)	Map turtles
		Terrapene spp. (II) (Except for the species included in Annex A)		Box turtles
	Terrapene coahuila (I)			Aquatic box turtle
		Trachemys scripta elegans		Red-eared terrapin
Geoemydidae
	Batagur baska (I)			Batagur
		Callagur borneoensis (II)		Painted terrapin
		Cuora spp. (II)		Asian box turtles
	Geoclemys hamiltonii (I)			Black pond turtle
			Geoemyda spengleri (III China)	Black-breasted leaf turtle
		Heosemys annandalii (II)		Yellow-headed temple turtle
		Heosemys depressa (II)		Arakan forest turtle
		Heosemys grandis (II)		Giant Asian turtle
		Heosemys spinosa (II)		Spiny turtle
		Kachuga spp. (II)		Roofed turtles
		Leucocephalon yuwonoi (II)		Sulawesi forest turtle
		Malayemys macrocephala (II)		Snail-eating turtle
		Malayemys subtrijuga (II)		Ricefield turtle
		Mauremys annamensis (II)		Annam pond turtle
			Mauremys iversoni (III China)	Fujian pond turtle
			Mauremys megalocephala (III China)	Big-headed pond turtle
		Mauremys mutica (II)		Yellow pond turtle
			Mauremys nigricans (III China)	Red-necked turtle
			Mauremys pritchardi (III China)	Pritchard's pond turtle
			Mauremys reevesii (III China)	Reeves's turtle
			Mauremys sinensis (III China)	Chinese stripe-necked turtle
	Melanochelys tricarinata (I)			Three-keeled land tortoise
	Morenia ocellata (I)			Burmese swamp turtle
		Notochelys platynota (II)		Malayan flat-shelled turtle
			Ocadia glyphistoma (III China)	Notch-mouthed stripe-necked turtle
			Ocadia philippeni (III China)	Philippen's stripe-necked turtle
		Orlitia borneensis (II)		Malayan giant turtle
		Pangshura spp. (Except for the species included in Annex A)		Roofed turtles
	Pangshura tecta (I)			Indian roofed turtle
			Sacalia bealei (III China)	Beal's eyed turtle
			Sacalia pseudocellata (III China)	Chinese false-eyed turtle
			Sacalia quadriocellata (III China)	Four-eyed turtle
		Siebenrockiella crassicollis (II)		Black marsh turtle
		Siebenrockiella leytensis (II)		Philippine pond turtle
Platysternidae				Big-headed turtle
Platysternidae		Platysternon megacephalum (II)		Big-headed turtle
Podocnemididae				Afro-American sideneck turtles
		Erymnochelys madagascariensis (II)		Madagascar sideneck turtle
		Peltocephalus dumerilianus (II)		Big-headed sideneck turtle
		Podocnemis spp. (II)		Sideneck turtles
Testudinidae				Tortoises
		Testudinidae spp. (II) (Except for the species included in Annex A; a zero annual export quota has been established for Geochelone sulcata for specimens removed from the wild and traded for primarily commercial purposes.)		Tortoises
	Astrochelys radiata (I)			Radiated tortoise
	Astrochelys yniphora (I)			Angonoka
	Chelonoidis nigra (I)			Galapagos giant tortoise
	Gopherus flavomarginatus (I)			Bolson tortoise
	Malacochersus tornieri (II)			Pancake tortoise
	Psammobates geometricus (I)			Geometric tortoise
	Pyxis arachnoides (I)			Madagascar spider tortoise
	Pyxis planicauda (I)			Madagascar flat-shelled tortoise
	Testudo graeca (II)			Spur-thighed tortoise
	Testudo hermanni (II)			Hermann's tortoise
	Testudo kleinmanni (I)			Egyptian tortoise
	Testudo marginata (II)			Marginated tortoise
Trionychidae				Softshell turtles, terrapins
		Amyda cartilaginea (II)		Southeast Asian soft-shelled turtle
	Apalone spinifera atra (I)			Cuatro Cienagas soft-shell turtle
	Aspideretes gangeticus (I)			Indian soft-shell turtle
	Aspideretes hurum (I)			Peacock soft-shell turtle
	Aspideretes nigricans (I)			Black soft-shell turtle
		Chitra spp. (II)		Narrow-headed softshell turtles
		Lissemys punctata (II)		Indo-Gangetic flapshell turtle
		Lissemys scutata (II)		Burmese flapshell turtle
			Palea steindachneri (III China)	Wattle-necked softshell turtle
		Pelochelys spp. (II)		Giant softshell turtles
			Pelodiscus axenaria (III China)	Hunan softshell turtle
			Pelodiscus maackii (III China)	Amur softshell turtle
			Pelodiscus parviformis (III China)	Chinese softshell turtle
			Rafetus swinhoei (III China)	Yangtze softshell turtle
AMPHIBIA				Amphibians
ANURA				Frogs and toads
Bufonidae				Toads
	Altiphrynoides spp. (I)			Malcolm's Ethiopian toad
	Atelopus zeteki (I)			Golden frog
	Bufo periglenes (I)			Golden toad
	Bufo superciliaris (I)			Cameroon toad
	Nectophrynoides spp. (I)			African viviparous toads
	Nimbaphrynoides spp. (I)			Nimba toads
	Spinophrynoides spp. (I)			Osgood's Ethiopian toad
Dendrobatidae				Poison frogs
		Allobates femoralis (II)		Brilliant-thighed poison frog
		Allobates zaparo (II)		Sanguine poison frog
		Cryptophyllobates azureiventris (II)		Sky-blue poison frog
		Dendrobates spp. (II)		Poison-arrow frogs
		Epipedobates spp. (II)		Poison-arrow frogs
		Phyllobates spp. (II)		Poison-arrow frogs
Mantellidae				Mantella frogs
Mantellidae		Mantella spp. (II)		Mantella frogs
Microhylidae				Tomato frogs
	Dyscophus antongilii (I)			Tomato frog
		Scaphiophryne gottlebei (II)		Red rain frog
Ranidae				Frogs
		Conraua goliath		Goliath frog
		Euphlyctis hexadactylus (II)		Six-fingered frog
		Hoplobatrachus tigerinus (II)		Tiger frog
		Rana catesbeiana		American bullfrog
Rheobatrachidae				Gastric brooding frogs
		Rheobatrachus spp. (II) (Except for the species included in Annex A)		Gastric brooding frog
	Rheobatrachus silus (II)			Platypus frog
CAUDATA
Ambystomatidae				Axolotls
		Ambystoma dumerilii (II)		Lake Patzcuaro salamander
		Ambystoma mexicanum (II)		Axolotl
Cryptobranchidae				Giant salamanders
Cryptobranchidae	Andrias spp. (I)			Giant salamanders
ELASMOBRANCHII				Sharks and rays
LAMNIFORMES
Cetorhinidae				Basking sharks
Cetorhinidae		Cetorhinus maximus (II)		Basking shark
Lamnidae				Great white shark
Lamnidae		Carcharodon carcharias (II)		Great white shark
ORECTOLOBIFORMES
Rhincodontidae				Whale sharks
Rhincodontidae		Rhincodon typus (II)		Whale shark
RAJIFORMES
Pristidae				Sawfishes
	Pristidae spp. (I) (Except for the species included in Annex B)			Sawfishes
		Pristis microdon (II) (For the exclusive purpose of allowing international trade in live animals to appropriate and acceptable aquaria for primarily conservation purposes. All other specimens shall be deemed to be specimens of species included in Annex A and the trade in them shall be regulated accordingly)		Freshwater sawfish
ACTINOPTERYGII				Fish
ACIPENSERIFORMES
		ACIPENSERIFORMES spp. (II) (Except for the species included in Annex A)		Sturgeons and paddlefish
Acipenseridae				Sturgeons
	Acipenser brevirostrum (I)			Shortnose sturgeon
	Acipenser sturio (I)			Common sturgeon
ANGUILLIFORMES
Anguillidae				Freshwater eels
Anguillidae		Anguilla anguilla (II) (This inclusion will enter into force on 13 March 2009)		European eel
CYPRINIFORMES
Catostomidae				Cui-ui
Catostomidae	Chasmistes cujus (I)			Cui-ui
Cyprinidae				Blind carps, plaeesok
		Caecobarbus geertsi (II)		African blind barb fish
	Probarbus jullieni (I)			Ikan temoleh
OSTEOGLOSSIFORMES
Osteoglossidae				Arapaimas, bonytongues
		Arapaima gigas (II)		Arapaima
	Scleropages formosus (I)			Asian arowana
PERCIFORMES
Labridae				Wrasses
Labridae		Cheilinus undulatus (II)		Humphead wrasse
Sciaenidae				Totoabas
Sciaenidae	Totoaba macdonaldi (I)			Totoaba
SILURIFORMES
Pangasiidae				Pangasid catfish
Pangasiidae	Pangasianodon gigas (I)			Giant catfish
SYNGNATHIFORMES
Syngnathidae				Pipefishes, seahorses
Syngnathidae		Hippocampus spp. (II)		Seahorses
SARCOPTERYGII				Lungfishes
CERATODONTIFORMES
Ceratodontidae				Australian lungfishes
Ceratodontidae		Neoceratodus forsteri (II)		Australian lungfish
COELACANTHIFORMES
Latimeriidae				Coelacanths
Latimeriidae	Latimeria spp. (I)			Coelacanths
ECHINODERMATA (STARFISH, BRITTLE STARS, SEA URCHINS AND SEA CUCUMBERS)
HOLOTHUROIDEA				Sea cucumbers
ASPIDOCHIROTIDA
Stichopodidae				Sea cucumbers
Stichopodidae			Isostichopus fuscus (III Ecuador)	Brown sea cucumber
ARTHROPODA (ARTHROPODS)
ARACHNIDA				Spiders and scorpions
ARANEAE
Theraphosidae				Red-kneed tarantulas, tarantulas
		Aphonopelma albiceps (II)
		Aphonopelma pallidum (II)		Chihuahua rose-grey tarantula
		Brachypelma spp. (II)		Central American tarantulas
SCORPIONES
Scorpionidae				Scorpions
		Pandinus dictator (II)
		Pandinus gambiensis (II)		Giant Senegalese scorpion
		Pandinus imperator (II)		Emperor scorpion
INSECTA				Insects
COLEOPTERA				Beetles
Lucanidae				Stag beetles
Lucanidae			Colophon spp. (III South Africa)	Cape stag beetles
LEPIDOPTERA				Butterflies
Papilionidae				Birdwing and swallowtail butterflies
		Atrophaneura jophon (II)		Sri Lankan rose
		Atrophaneura palu		Palu swallowtail butterfly
		Atrophaneura pandiyana (II)		Malabar rose
		Bhutanitis spp. (II)		Swallowtail butterflies
		Graphium sandawanum		Apo swallowtail butterfly
		Graphium stresemanni		Seram swallowtail
		Ornithoptera spp. (II) (except for the species included in Annex A)		Birdwing butterflies
	Ornithoptera alexandrae (I)			Queen Alexandra's birdwing
		Papilio benguetanus
	Papilio chikae (I)			Luzon peacock swallowtail
		Papilio esperanza
	Papilio homerus (I)			Homerus swallowtail
	Papilio hospiton (I)			Corsican swallowtail
		Papilio morondavana		Madagascan emperor swallowtail
		Papilio neumoegeni
		Parides ascanius		Fluminense swallowtail butterfly
		Parides hahneli		Hahnel's amazonian swallowtail butterfly
	Parnassius apollo (II)			Mountain apollo
		Teinopalpus spp. (II)		Kaiser-I-Hind butterflies
		Trogonoptera spp. (II)		Birdwing butterflies
		Troides spp. (II)		Birdwing butterflies
ANNELIDA (SEGMENTED WORMS AND LEECHES)
HIRUDINOIDEA				Leeches
ARHYNCHOBDELLIDA
Hirudinidae				Leeches
Hirudinidae		Hirudo medicinalis (II)		Medicinal leech
MOLLUSCA (MOLLUSCS)
BIVALVIA				Bivalve molluscs (clams, mussels etc.)
MYTILOIDA
Mytilidae				Marine mussels
Mytilidae		Lithophaga lithophaga (II)		European date mussel
UNIONOIDA
Unionidae				Freshwater mussels, pearly mussels
	Conradilla caelata (I)			Birdwing pearly mussel
		Cyprogenia aberti (II)		Western fanshell mussel
	Dromus dromas (I)			Dromedary pearly mussel
	Epioblasma curtisii (I)			Curtis' pearly mussel
	Epioblasma florentina (I)			Yellow-blossom pearly mussel
	Epioblasma sampsonii (I)			Wabash riffleshell
	Epioblasma sulcata perobliqua (I)			White catspaw mussel
	Epioblasma torulosa gubernaculum (I)			Green-blossom pearly mussel
		Epioblasma torulosa rangiana (II)		Northern riffleshell
	Epioblasma torulosa torulosa (I)			Turbercled-blossom pearly mussel
	Epioblasma turgidula (I)			Turgid-blossom pearly mussel
	Epioblasma walkeri (I)			Tan riffleshell
	Fusconaia cuneolus (I)			Fine-rayed pigtoe pearly mussel
	Fusconaia edgariana (I)			Shiny pigtoe pearly mussel
	Lampsilis higginsii (I)			Higgins' eye pearly mussel
	Lampsilis orbiculata orbiculata (I)			Pink mucket pearly mussel
	Lampsilis satur (I)			Sandback pocketbook mussel
	Lampsilis virescens (I)			Alabama lamp pearly mussel
	Plethobasus cicatricosus (I)			White warty-back pearly mussel
	Plethobasus cooperianus (I)			Orange-footed pimpleback mussel
		Pleurobema clava (II)		Clubshell pearly mussel
	Pleurobema plenum (I)			Rough pigtoe pearly mussel
	Potamilus capax (I)			Fat pocketbook pearly mussel
	Quadrula intermedia (I)			Cumberland monkey-face pearly mussel
	Quadrula sparsa (I)			Appalachian monkey-face pearly mussel
	Toxolasma cylindrellus (I)			Pale lilliput pearly mussel
	Unio nickliniana (I)			Nicklin's pearly mussel
	Unio tampicoensis tecomatensis (I)			Tampico pearly mussel
	Villosa trabalis (I)			Cumberland bean pearly mussel
VENEROIDA
Tridacnidae				Giant clams
Tridacnidae		Tridacnidae spp. (II)		Giant clams
GASTROPODA				Slugs, snails and conches
ARCHAEOGASTROPODA
Haliotidae				Abalones
Haliotidae			Haliotis midae (III South Africa)	Midas ear abalone
MESOGASTROPODA
Strombidae				Conches
Strombidae		Strombus gigas (II)		Queen conch
STYLOMMATOPHORA
Achatinellidae				Agate snails, oahu tree snails
Achatinellidae	Achatinella spp. (I)			Little agate shells
Camaenidae				Green tree snail
Camaenidae		Papustyla pulcherrima (II)		Manus green tree snail
CNIDARIA (CORALS, FIRE CORALS, SEA ANEMONES)
ANTHOZOA				Corals, sea anemones
ANTIPATHARIA
		ANTIPATHARIA spp. (II)		Black corals
GORGONACEAE
Coralliidae			Corallium elatius (III China)
			Corallium japonicum (III China)
			Corallium konjoi (III China)
			Corallium secundum (III China)
HELIOPORACEA
Helioporidae				Blue coral
Helioporidae		Helioporidae spp. (II) (Includes only the species Heliopora coerulea) (7)		Blue coral
SCLERACTINIA
		SCLERACTINIA spp. (II) (7)		Stony corals
STOLONIFERA
Tubiporidae				Organpipe corals
Tubiporidae		Tubiporidae spp. (II) (7)		Organpipe corals
HYDROZOA				Sea ferns, fire corals, stinging medusas
MILLEPORINA
Milleporidae				Wello fire corals
Milleporidae		Milleporidae spp. (II) (7)		Wello fire corals
STYLASTERINA
Stylasteridae				Lace corals
Stylasteridae		Stylasteridae spp. (II) (7)		Lace corals
FLORA
AGAVACEAE				Agaves
	Agave parviflora (I)			Santa Cruz striped agave
		Agave victoriae-reginae (II) #1		Queen Victoria agave
		Nolina interrata (II)		Dehesa bear-grass
AMARYLLIDACEAE				Amaryllids
		Galanthus spp. (II) #1		Snowdrops
		Sternbergia spp. (II) #1		Sternbergias
APOCYNACEAE				Dogbanes
		Hoodia spp. (II) #9		Hoodia
		Pachypodium spp. (II) (Except for the species included in Annex A) #1		Elephant trunks
	Pachypodium ambongense (I)
	Pachypodium baronii (I)
	Pachypodium decaryi (I)
		Rauvolfia serpentina (II) #2		Snake-root devil-pepper
ARALIACEAE				Aralias
		Panax ginseng (II) (Only the population of the Russian Federation; no other population is included in the Annexes to this Regulation) #3		Asian ginseng
		Panax quinquefolius (II) #3		American ginseng
ARAUCARIACEAE				Araucarias
ARAUCARIACEAE	Araucaria araucana (I)			Monkey-puzzle tree
BERBERIDACEAE				Barberries
BERBERIDACEAE		Podophyllum hexandrum (II) #2		Himalayan may-apple
BROMELIACEAE				Air plants, bromelias
		Tillandsia harrisii (II) #1		Harris' tillandsia
		Tillandsia kammii (II) #1		Kamm's tillandsia
		Tillandsia kautskyi (II) #1		Kautsky's tillandsia
		Tillandsia mauryana (II) #1		Maury's tillandsia
		Tillandsia sprengeliana (II) #1		Sprengel's tillandsia
		Tillandsia sucrei (II) #1		Sucre tillandsia
		Tillandsia xerographica (II) #1		Xerographic tillandsia
CACTACEAE				Cacti
		CACTACEAE spp. (II) (Except for the species included in Annex A and Pereskia spp., Pereskiopsis spp. and Quiabentia spp.) (8) #4		Cacti
	Ariocarpus spp. (I)			Living rock cacti
	Astrophytum asterias (I)			Star cactus
	Aztekium ritteri (I)			Aztec cactus
	Coryphantha werdermannii (I)			Jobali pincushion cactus
	Discocactus spp. (I)			Discocacti
	Echinocereus ferreirianus ssp. lindsayi (I)			Lindsay's hedgehog cacti
	Echinocereus schmollii (I)			Lamb's-tail cactus
	Escobaria minima (I)			Nelle's cactus
	Escobaria sneedii (I)			Sneed's pincushion cactus
	Mammillaria pectinifera (I)			Conchilinque
	Mammillaria solisioides (I)			Pitayita
	Melocactus conoideus (I)			Conelike Turk's-cap cactus
	Melocactus deinacanthus (I)			Wonderfully-bristled Turk's cap cactus
	Melocactus glaucescens (I)			Woolly waxy-stemmed Turk's-cap cactus
	Melocactus paucispinus (I)			Few-spined Turk's-cap cactus
	Obregonia denegrii (I)			Artichoke cactus
	Pachycereus militaris (I)			Grenadier's cap
	Pediocactus bradyi (I)			Brady's pincushion cactus
	Pediocactus knowltonii (I)			Knowlton's cactus
	Pediocactus paradinei (I)			Houserock valley cactus
	Pediocactus peeblesianus (I)			Peebles's Navajo cactus
	Pediocactus sileri (I)			Siler's pincushion cactus
	Pelecyphora spp. (I)			Pine cane cactus
	Sclerocactus brevihamatus ssp. tobuschii (I)			Tobusch fishhook cactus
	Sclerocactus erectocentrus (I)			Needle-spined pineapple cactus
	Sclerocactus glaucus (I)			Uinta Basin hookless cactus
	Sclerocactus mariposensis (I)			Mariposa cactus
	Sclerocactus mesae-verdae (I)			Mesa Verde cactus
	Sclerocactus nyensis (I)			Tonopah fishook cactus
	Sclerocactus papyracanthus (I)			Grama-grass cactus
	Sclerocactus pubispinus (I)			Great-Basin fishhook cactus
	Sclerocactus wrightiae (I)			Wright's fishhook cactus
	Strombocactus spp. (I)			Peyote
	Turbinicarpus spp. (I)			Turbinicarps
	Uebelmannia spp. (I)			Uebelmann cacti
CARYOCARACEAE				Ajos
CARYOCARACEAE		Caryocar costaricense (II) #1		Ajillo
COMPOSITAE (ASTERACEAE)				Asters, daisies, costus
COMPOSITAE (ASTERACEAE)	Saussurea costus (I) (also known as S. lappa or Aucklandia costus)			Costus
CRASSULACEAE				Dudleyas, crassulas
		Dudleya stolonifera (II)		Laguna beach dudleya
		Dudleya traskiae (II)		Santa Barbara Island dudleya
CUPRESSACEAE				Cypresses
	Fitzroya cupressoides (I)			Alerce
	Pilgerodendron uviferum (I)			Pilgerodendron
CYATHEACEAE				Tree ferns
CYATHEACEAE		Cyathea spp. (II) #1		Tree ferns
CYCADACEAE				Cycads
		CYCADACEAE spp. (II) (Except for the species included in Annex A) #1		Cycads
	Cycas beddomei (I)			Beddome's cycad
DICKSONIACEAE				Tree ferns
		Cibotium barometz (II) #1
		Dicksonia spp. (II) (Only the populations of the Americas; no other populations are included in the Annexes to this Regulation: includes Dicksonia berteriana, D. externa, D. sellowiana and D. stuebelii) #1		Tree ferns
DIDIEREACEAE				Didiereas
DIDIEREACEAE		DIDIEREACEAE spp. (II) #1		Alluaudias, didiereas
DIOSCOREACEAE				Yams
DIOSCOREACEAE		Dioscorea deltoidea (II) #1		Elephant's foot
DROSERACEAE				Sundews
DROSERACEAE		Dionaea muscipula (II) #1		Venus fly-trap
EUPHORBIACEAE				Spurges
		Euphorbia spp. (II) (Except for the species included in Annex A; succulent species only; artificially propagated specimens of cultivars of Euphorbia trigona, artificially propagated, crested, fan-shaped or colour mutants of Euphorbia lactea, when grafted on artificially propagated root stock of Euphorbia neriifolia and artificially propagated specimens of cultivars of Euphorbia“Milii” when they are traded in shipments of 100 or more plants and readily recognisable as artificially propagated specimens, are not subject to the provisions of this Regulation) #1		Euphorbias
	Euphorbia ambovombensis (I)
	Euphorbia capsaintemariensis (I)
	Euphorbia cremersii (I)
	Euphorbia cylindrifolia (I)
	Euphorbia decaryi (I)
	Euphorbia francoisii (I)
	Euphorbia handiensis (II)
	Euphorbia lambii (II)
	Euphorbia moratii (I)
	Euphorbia parvicyathophora (I)
	Euphorbia quartziticola (I)
	Euphorbia stygiana (II)
	Euphorbia tulearensis (I)
FOUQUIERIACEAE				Ocotillos, boojums
		Fouquieria columnaris (II) #1		Boojum tree
	Fouquieria fasciculata (I)			Arbol del barril
	Fouquieria purpusii (I)
GNETACEAE				Joint firs
GNETACEAE			Gnetum montanum (III Nepal) #1
JUGLANDACEAE				Walnuts, gavilan
JUGLANDACEAE		Oreomunnea pterocarpa (II) #1		Gavilàn
LEGUMINOSAE (FABACEAE)				Legumes
		Caesalpinia echinata (II) #10		Brazil wood
	Dalbergia nigra (I)			Brazilian rosewood
			Dalbergia retusa (III population of Guatemala) #5	Black rosewood
			Dalbergia stevensonii (III population of Guatemala) #5	Honduras rosewood
			Dipteryx panamensis (III Costa Rica/Nicaragua)	Almendro
		Pericopsis elata (II) #5		Afrormosia
		Platymiscium pleiostachyum (II) #1		Quira macawood
		Pterocarpus santalinus (II) #7		Red sandalwood
LILIACEAE				Lilies
		Aloe spp. (II) (Except for the species included in Annex A and Aloe vera, also known as Aloe barbadensis, which is not included in the Annexes to this Regulation) #1		Aloes
	Aloe albida (I)
	Aloe albiflora (I)
	Aloe alfredii (I)
	Aloe bakeri (I)
	Aloe bellatula (I)
	Aloe calcairophila (I)
	Aloe compressa (I)
	Aloe delphinensis (I)
	Aloe descoingsii (I)
	Aloe fragilis (I)
	Aloe haworthioides (I)
	Aloe helenae (I)
	Aloe laeta (I)
	Aloe parallelifolia (I)
	Aloe parvula (I)
	Aloe pillansii (I)
	Aloe polyphylla (I)
	Aloe rauhii (I)
	Aloe suzannae (I)
	Aloe versicolor (I)
	Aloe vossii (I)
MAGNOLIACEAE				Magnolias
MAGNOLIACEAE			Magnolia liliifera var. obovata (III Nepal) #1	Safan
MELIACEAE				Mahoganies
			Cedrela odorata (III Population of Colombia, Population of Guatemala, Population of Peru) #5	Spanish cedar
		Swietenia humilis (II) #1		Honduras mahogany
		Swietenia macrophylla (II) (Population of the Neotropics — includes Central and South America and the Caribbean) #6		Big-leaf mahogany
		Swietenia mahagoni (II) #5		Caribbean mahogany
NEPENTHACEAE				Pitcher plants (old-world)
		Nepenthes spp. (II) (Except for the species included in Annex A) #1		Tropical pitcher plants
	Nepenthes khasiana (I)			Indian pitcher plant
	Nepenthes rajah (I)			Giant tropical pitcher plant
ORCHIDACEAE				Orchids
		ORCHIDACEAE spp. (II) (Except for the species included in Annex A) (9) #1		Orchids
	For all of the following Annex A species, seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers, are not subject to the provisions of this Regulation.
	Aerangis ellisii (I)
	Cephalanthera cucullata (II)			Hooded helleborine
	Cypripedium calceolus (II)			Lady's slipper orchid
	Dendrobium cruentum (I)
	Goodyera macrophylla (II)			Madeiran lady's-tresses
	Laelia jongheana (I)
	Laelia lobata (I)
	Liparis loeselii (II)			Fen orchid
	Ophrys argolica (II)			Eyed bee orchid
	Ophrys lunulata (II)			Crescent ophrys
	Orchis scopulorum (II)			Madeiran orchid
	Paphiopedilum spp. (I)			Asian slipper orchids
	Peristeria elata (I)			Holy ghost orchid
	Phragmipedium spp. (I)			South American slipper orchids
	Renanthera imschootiana (I)			Red vanda
	Spiranthes aestivalis (II)			Summer lady's-tresses
OROBANCHACEAE				Broomrapes
OROBANCHACEAE		Cistanche deserticola (II) #1		Desert cistanche
PALMAE (ARECACEAE)				Palms
		Beccariophoenix madagascariensis (II) #1		Manarano
	Chrysalidocarpus decipiens (I)			Butterfly palm
		Lemurophoenix halleuxii (II)		Hovitra varimena
		Marojejya darianii (II)		Ravimbe
		Neodypsis decaryi (II) #1		Triangle palm
		Ravenea louvelii (II)		Lakamarefo
		Ravenea rivularis (II)		Gora
		Satranala decussilvae (II)		Satranabe
		Voanioala gerardii (II)		Voanioala
PAPAVERACEAE				Poppies
PAPAVERACEAE			Meconopsis regia (III Nepal) #1	Himalayan poppy
PINACEAE				Pine family
PINACEAE	Abies guatemalensis (I)			Guatemalan fir
PODOCARPACEAE				Podocarps
			Podocarpus neriifolius (III Nepal) #1	Yellow wood
	Podocarpus parlatorei (I)			Parlatore's podocarp
PORTULACACEAE				Portulacas, purslanes
		Anacampseros spp. (II) #1		Purslanes
		Avonia spp. #1
		Lewisia serrata (II) #1		Saw-toothed lewisia
PRIMULACEAE				Primulas, cyclamens
PRIMULACEAE		Cyclamen spp. (II) (10) #1		Cyclamens
PROTEACEAE				Proteas
		Orothamnus zeyheri (II) #1		Marsh-rose
		Protea odorata (II) #1		Ground-rose
RANUNCULACEAE				Buttercups
		Adonis vernalis (II) #2		Yellow adonis
		Hydrastis canadensis (II) #8		Golden seal
ROSACEAE				Roses, cherries
ROSACEAE		Prunus africana (II) #1		African cherry
RUBIACEAE				Ayugue
RUBIACEAE	Balmea stormiae (I)			Ayugue
SARRACENIACEAE				Pitcher plants (new world)
		Sarracenia spp. (II) (Except for the species included in Annex A) #1		Pitcher plants
	Sarracenia oreophila (I)			Green pitcher plant
	Sarracenia rubra ssp. alabamensis (I)			Alabama canebrake pitcher plant
	Sarracenia rubra ssp. jonesii (I)			Mountain sweet pitcher plant
SCROPHULARIACEAE				Figworts
SCROPHULARIACEAE		Picrorhiza kurrooa (II) (excludes Picrorhiza scrophulariiflora) #2		Indian gentian
STANGERIACEAE				Stangerias (cycads)
		Bowenia spp. (II) #1		Cycads
	Stangeria eriopus (I)			Stangeria
TAXACEAE				Yews
		Taxus chinensis (II) #2		Chinese yew
		Taxus cuspidata (II) (11) #2		Japanese yew
		Taxus fuana (II) #2		Tibetan yew
		Taxus sumatrana (II) #2		Sumatran yew
		Taxus wallichiana (II) #2		Himalayan yew
THYMELEACEAE (AQUILARIACEAE)				Agarwood, ramin
		Aquilaria spp. (II) #1		Agarwood
		Gonystylus spp. (II) #1		Ramin
		Gyrinops spp. (II) #1		Agarwood
TROCHODENDRACEAE (TETRACENTRACEAE)				Tetracentrons
TROCHODENDRACEAE (TETRACENTRACEAE)			Tetracentron sinense (III Nepal) #1
VALERIANACEAE				Valerians
VALERIANACEAE		Nardostachys grandiflora #2
WELWITSCHIACEAE				Welwitschias
WELWITSCHIACEAE		Welwitschia mirabilis (II) #1		Welwitschia
ZAMIACEAE				Cycads
		ZAMIACEAE spp. (II) (Except for the species included in Annex A) #1		Cycads
	Ceratozamia spp. (I)			Horncones
	Chigua spp. (I)
	Encephalartos spp. (I)			Bread palms
	Microcycas calocoma (I)			Palm corcho
ZINGIBERACEAE				Ginger lilies
ZINGIBERACEAE		Hedychium philippinense (II) #1		Philippine garland-flower
ZYGOPHYLLACEAE				Lignum-vitae
		Guaiacum spp. (II) #2		Lignum-vitae
			Bulnesia sarmientoi (III Argentina) #11	Guaiacwood

	Annex D	Common name
FAUNA
CHORDATA (CHORDATES)
MAMMALIA		Mammals
CARNIVORA
Canidae		Dogs, foxes, wolves
	Vulpes vulpes griffithi (III India) §1	Red fox
	Vulpes vulpes montana (III India) §1	Red fox
	Vulpes vulpes pusilla (III India) §1	Red fox
Mustelidae		Badgers, martens, weasels etc.
	Mustela altaica (III India) §1	Mountain weasel
	Mustela erminea ferghanae (III India) §1	Stoat
	Mustela kathiah (III India) §1	Yellow-bellied weasel
	Mustela sibirica (III India) §1	Siberian weasel
DIPROTODONTIA
Macropodidae		Kangaroos, wallabies
	Dendrolagus dorianus	Doria's tree-kangaroo
	Dendrolagus goodfellowi	Goodfellow's tree-kangaroo
	Dendrolagus matschiei	Huon tree-kangaroo
	Dendrolagus pulcherrimus	Golden-mantled tree-kangaroo
	Dendrolagus stellarum	Seri's tree-kangaroo
AVES		Birds
ANSERIFORMES
Anatidae		Ducks, geese, swans
Anatidae	Anas melleri	Meller's duck
COLUMBIFORMES
Columbidae		Doves, pigeons
	Columba oenops	Peruvian pigeon
	Didunculus strigirostris	Tooth-billed pigeon
	Ducula pickeringii	Grey imperial-pigeon
	Gallicolumba crinigera	Mindanao bleeding-heart
	Ptilinopus marchei	Flame-breasted fruit-dove
	Turacoena modesta	Black cuckoo-dove
GALLIFORMES
Cracidae		Chachalacas, currassows, guans
	Crax alector	Black curassow
	Pauxi unicornis	Horned curassow
	Penelope pileata	White-crested guan
Megapodiidae		Megapodes, scrubfowl
Megapodiidae	Eulipoa wallacei	Moluccan scrubfowl
Phasianidae		Grouse, guineafowl, partridges, pheasants, tragopans
	Arborophila gingica	White-necklaced partridge
	Lophura bulweri	Bulwer's pheasant
	Lophura diardi	Siamese fireback
	Lophura inornata	Salvadori's pheasant
	Lophura leucomelanos	Kalij pheasant
	Syrmaticus reevesii §2	Reeves's pheasant
PASSERIFORMES
Bombycillidae		Waxwings
Bombycillidae	Bombycilla japonica	Japanese waxwing
Corvidae		Crows, magpies, jays
	Cyanocorax caeruleus	Azure jay
	Cyanocorax dickeyi	Tufted jay
Cotingidae		Cotingas
Cotingidae	Procnias nudicollis	Bare-throated bellbird
Emberizidae		Cardinals, seedeaters, tanagers
	Dacnis nigripes	Black-legged dacnis
	Sporophila falcirostris	Temminck's seedeater
	Sporophila frontalis	Buffy-throated seedeater
	Sporophila hypochroma	Grey-and-chestnut seedeater
	Sporophila palustris	Marsh seedeater
Estrildidae		Mannikins, waxbills
	Amandava amandava	Red avadavat
	Cryptospiza reichenovii	Red-faced crimson-wing
	Erythrura coloria	Red-eared parrotfinch
	Erythrura viridifacies	Green-faced parrotfinch
	Estrilda quartinia (Frequently traded as Estrilda melanotis)	Yellow-bellied waxbill
	Hypargos niveoguttatus	Peters's twinspot
	Lonchura griseicapilla	Grey-headed silverbill
	Lonchura punctulata	Scaly-breasted munia
	Lonchura stygia	Black munia
Fringillidae		Finches
	Carduelis ambigua	Black-headed greenfinch
	Carduelis atrata	Black siskin
	Kozlowia roborowskii	Tibetan rosefinch
	Pyrrhula erythaca	Grey-headed bullfinch
	Serinus canicollis	Cape canary
	Serinus citrinelloides hypostictus (Frequently traded as Serinus citrinelloides)	East African citril
Icteridae		New-world blackbirds
Icteridae	Sturnella militaris	Pampas meadowlark
Muscicapidae		Old-world flycatchers, thrushes
	Cochoa azurea	Javan cochoa
	Cochoa purpurea	Purple cochoa
	Garrulax formosus	Red-winged laughingthrush
	Garrulax galbanus	Yellow-throated laughingthrush
	Garrulax milnei	Red-tailed laughing thrush
	Niltava davidi	Fujian niltava
	Stachyris whiteheadi	Chestnut-faced babbler
	Swynnertonia swynnertoni (Also referenced as Pogonicichla swynnertoni)	Swynnerton's robin
	Turdus dissimilis	Black-breasted thrush
Pittidae		Pittas
	Pitta nipalensis	Blue-naped pitta
	Pitta steerii	Azure-breasted pitta
Sittidae		Nuthatches
	Sitta magna	Giant nuthatch
	Sitta yunnanensis	Yunnan nuthatch
Sturnidae		Mynas, starlings
	Cosmopsarus regius	Golden-breasted starling
	Mino dumontii	Yellow-faced myna
	Sturnus erythropygius	White-headed starling
REPTILIA		Reptiles
TESTUDINES
Geoemydidae		Freshwater turtles
Geoemydidae	Melanochelys trijuga	Indian black turtle
SAURIA
Cordylidae		Spiny-tailed lizards
	Zonosaurus karsteni	Karsten's girdled lizard
	Zonosaurus quadrilineatus	Four-lined girdled lizard
Gekkonidae		Geckos
	Rhacodactylus auriculatus	New Caledonia bumpy gecko
	Rhacodactylus ciliatus	Guichenot's giant gecko
	Rhacodactylus leachianus	New Caledonia giant gecko
	Teratoscincus microlepis	Small-scaled wonder gecko
	Teratoscincus scincus	Common wonder gecko
Scincidae		Skinks
	Tribolonotus gracilis	Crocodile skink
	Tribolonotus novaeguineae	New Guinea helmet skink
SERPENTES
Colubridae		Typical snakes, water snakes, whip snakes
	Elaphe carinata §1	Taiwan stink snake
	Elaphe radiata §1	Radiated rat snake
	Elaphe taeniura §1	Taiwan beauty snake
	Enhydris bocourti §1	Bocourt's water snake
	Homalopsis buccata §1	Masked water snake
	Langaha nasuta	Northern leafnose snake
	Leioheterodon madagascariensis	Madagascar menarana snake
	Ptyas korros §1	Indochinese rat snake
	Rhabdophis subminiatus §1	Redneck keelback
Hydrophiidae		Sea snakes
Hydrophiidae	Lapemis curtus (Includes Lapemis hardwickii) §1	Shaw's sea snake
Viperidae		Vipers
Viperidae	Calloselasma rhodostoma §1	Malayan pit viper
AMPHIBIA
ANURA		Frogs and toads
Hylidae		Tree frogs
Hylidae	Phyllomedusa sauvagii	Waxy monkey tree frog
Leptodactylidae		Neotropical frogs
Leptodactylidae	Leptodactylus laticeps	Red spotted burrow frog
Ranidae		True frogs
	Limnonectes macrodon
	Rana shqiperica	Albanian pool frog
CAUDATA
Hynobiidae		Asiatic salamanders
Hynobiidae	Ranodon sibiricus	Semirechensk salamander / Central Asian salamander / Siberian salamander
Plethodontidae		Lungless salamanders
Plethodontidae	Bolitoglossa dofleini	Giant palm salamander
Salamandridae		Newts and salamanders
	Cynops ensicauda	Sword-tailed newt
	Echinotriton andersoni	Anderson’s salamander
	Pachytriton labiatus	Paddletail newt
	Paramesotriton spp.	Warty newt
	Salamandra algira	North African fire salamander
	Tylototriton spp.	Crocodile newts
ACTINOPTERYGII		Fish
PERCIFORMES
Apogonidae
	Pterapogon kauderni	Banggai cardinalfish
ARTHROPODA (ARTHROPODS)
INSECTA		Insects
LEPIDOPTERA		Butterflies
Papilionidae		Birdwing and swallow-tail butterflies
	Baronia brevicornis	Short-horned baronia
	Papilio grosesmithi
	Papilio maraho	Broad-tailed swallowtail
FLORA
AGAVACEAE		Agaves
	Calibanus hookeri
	Dasylirion longissimum	Beargrass
ARACEAE		Arums
	Arisaema dracontium	Green dragon
	Arisaema erubescens
	Arisaema galeatum
	Arisaema nepenthoides
	Arisaema sikokianum
	Arisaema thunbergii var. urashima
	Arisaema tortuosum
	Biarum davisii ssp. marmarisense
	Biarum ditschianum
COMPOSITAE (ASTERACEAE)		Asters, daisies, costus
	Arnica montana §3	Mountain tobacco
	Othonna cacalioides
	Othonna clavifolia
	Othonna hallii
	Othonna herrei
	Othonna lepidocaulis
	Othonna retrorsa
ERICACEAE		Heathers, rhododendrons
ERICACEAE	Arctostaphylos uva-ursi §3	Bearberry
GENTIANACEAE		Gentians
GENTIANACEAE	Gentiana lutea §3	Great yellow gentian
LEGUMINOSAE (FABACEAE)		Legumes
	Dalbergia granadillo §4	Black rosewood
	Dalbergia retusa (Except for the populations which are included in Annex C) §4	Black rosewood
	Dalbergia stevensonii (Except for the populations which are included in Annex C) §4	Honduras rosewood
LYCOPODIACEAE		Clubmosses
LYCOPODIACEAE	Lycopodium clavatum §3	Stagshorn clubmoss
MELIACEAE		Mahoganies
	Cedrela fissilis §4
	Cedrela lilloi (C. angustifolia) §4
	Cedrela montana §4
	Cedrela oaxacensis §4
	Cedrela odorata (Except for the populations which are included in Annex C) §4	Spanish cedar
	Cedrela salvadorensis §4
	Cedrela tonduzii §4
MENYANTHACEAE		Bogbeans
MENYANTHACEAE	Menyanthes trifoliata §3	Bogbean
PARMELIACEAE		Parmelioid lichens
PARMELIACEAE	Cetraria islandica §3	Icelandic moss
PASSIFLORACEAE		Desert roses
	Adenia glauca	Desert rose
	Adenia pechuelli	Desert rose
PORTULACACEAE		Portulas, purslanes
	Ceraria carrissoana
	Ceraria fruticulosa
LILIACEAE		Lilies
	Trillium pusillum	Dwarf wakerobin
	Trillium rugelii	Illscented wakerobin
	Trillium sessile	Sessile-flowered wakerobin wood-lily
PEDALIACEAE		Sesame, devil's claw
PEDALIACEAE	Harpagophytum spp. §3	Devil's claw
SELAGINELLACEAE		Clubmosses, spikemosses
SELAGINELLACEAE	Selaginella lepidophylla	Rose of Jericho’

(1) Population of Argentina (listed in Annex B):

For the exclusive purpose of allowing international trade in wool sheared from live vicuñas of the populations included in Annex B, in cloth and in derived manufactured products and other handicraft artefacts. The reverse side of the cloth must bear the logotype adopted by the range States of the species, which are signatories to the Convenio para la Conservación y Manejo de la Vicuña, and the selvages the words “VICUÑA-ARGENTINA”. Other products must bear a label including the logotype and the designation “VICUÑA-ARGENTINA-ARTESANÍA”. All other specimens shall be deemed to be specimens of species included in Annex A and the trade in them shall be regulated accordingly.

(2) Population of Bolivia (listed in Annex B):

For the exclusive purpose of allowing international trade in wool sheared from live vicuñas and in cloth and items made thereof, including luxury handicrafts and knitted articles. The reverse side of the cloth must bear the logotype adopted by the range States of the species, which are signatories to the Convenio para la Conservación y Manejo de la Vicuña, and the selvages the words “VICUÑA-BOLIVIA”. Other products must bear a label including the logotype and the designation “VICUÑA-BOLIVIA-ARTESANÍA”. All other specimens shall be deemed to be specimens of species included in Annex A and the trade in them shall be regulated accordingly.

(3) Population of Chile (listed in Annex B):

For the exclusive purpose of allowing international trade in wool sheared from live vicuñas of the populations included in Annex B, and in cloth and items made thereof, including luxury handicrafts and knitted articles. The reverse side of the cloth must bear the logotype adopted by the range States of the species, which are signatories to the Convenio para la Conservación y Manejo de la Vicuña, and the selvages the words “VICUÑA-CHILE”. Other products must bear a label including the logotype and the designation “VICUÑA-CHILE-ARTESANÍA”. All other specimens shall be deemed to be specimens of species included in Annex A and the trade in them shall be regulated accordingly.

(4) Population of Peru (listed in Annex B):

For the exclusive purpose of allowing international trade in wool sheared from live vicuñas and in the stock extant at the time of the ninth meeting of the Conference of the Parties (November 1994) of 3 249 kg of wool, and in cloth and items made thereof, including luxury handicrafts and knitted articles. The reverse side of the cloth must bear the logotype adopted by the range States of the species, which are signatories to the Convenio para la Conservación y Manejo de la Vicuña, and the selvages the words “VICUÑA-PERU”. Other products must bear a label including the logotype and the designation “VICUÑA-PERU-ARTESANÍA”. All other specimens shall be deemed to be specimens of species included in Annex A and the trade in them shall be regulated accordingly.

(5) All species are listed in Appendix II except Balaena mysticetus, Eubalaena spp., Balaenoptera acutorostrata (except population of West Greenland), Balaenoptera bonaerensis, Balaenoptera borealis, Balaenoptera edeni, Balaenoptera musculus, Balaenoptera physalus, Megaptera novaeangliae, Orcaella brevirostris, Sotalia spp, Sousa spp, Eschrichtius robustus, Lipotes vexillifer, Caperea marginata, Neophocaena phocaenoides, Phocoena sinus, Physeter catodon, Platanista spp., Berardius spp., Hyperoodon spp., which are listed in Appendix I. Specimens of the species listed in Appendix II to the Convention, including products and derivatives other than meat products for commercial purposes, taken by the people of Greenland under licence granted by the competent authority concerned, shall be treated as belonging to Annex B. A zero annual export quota is established for live specimens from the Black Sea population of Tursiops truncatus removed from the wild and traded for primarily commercial purposes.

(6) Populations of Botswana, Namibia, South Africa and Zimbabwe (listed in Annex B):

For the exclusive purpose of allowing: a) trade in hunting trophies for non-commercial purposes; b) trade in live animals to appropriate and acceptable destinations as defined in Res. Conf. 11.20 for Botswana and Zimbabwe and for in situ conservation programmes for Namibia and South Africa; c) trade in hides; d) trade in hair; e) trade in leather goods for commercial or non-commercial purposes for Botswana, Namibia and South Africa and for non-commercial purposes for Zimbabwe; f) trade in individually marked and certified Ekipas incorporated in finished jewellery for non-commercial purposes for Namibia and ivory carvings for non commercial purposes for Zimbabwe; g) trade in registered raw ivory (for Botswana, Namibia, South Africa and Zimbabwe whole tusks and pieces) subject to the following: i) only registered government-owned stocks, originating in the State (excluding seized ivory and ivory of unknown origin); ii) only to trading partners that have been verified by the Secretariat, in consultation with the Standing Committee, to have sufficient national legislation and domestic trade controls to ensure that the imported ivory will not be re-exported and will be managed in accordance with all requirements of Resolution Conf. 10.10 (Rev. CoP14) concerning domestic manufacturing and trade; iii) not before the Secretariat has verified the prospective importing countries and the registered government-owned stocks; iv) Raw ivory pursuant to the conditional sale of registered government-owned ivory stocks agreed at COP12 which are 20 000 kg (Botswana), 10 000 kg (Namibia), 30 000 kg (South Africa); v) In addition to the quantities agreed at COP12, government-owned ivory from Botswana, Zimbabwe, Namibia and South Africa registered by the 31st of January 2007 and verified by the Secretariat may be traded and despatched, with the ivory in g) iv) in a single sale per destination under strict supervision of the Secretariat; vi) the proceeds of the trade are used exclusively for elephant conservation and community conservation and development programmes within or adjacent to the elephant range; and vii) The additional quantities specified in g) v) shall be traded only after the Standing Committee has agreed that the above conditions have been met; h) No further proposals to allow trade in elephant ivory from populations already on Annex B shall be submitted to the Conference of the Parties for the period from COP14 and ending nine years from the date of the single sale of ivory that is to take place in accordance with provisions in paragraph g) i), g) ii), g) iii), g) vi) and g) vii). In addition, such further proposals shall be dealt with in accordance with Decisions 14.77 and 14.78. On a proposal from the Secretariat, the Standing Committee can decide to cause this trade to cease partially or completely in the event of non-compliance by exporting or importing countries, or in the case of proven detrimental impacts of the trade on other elephant populations. All other specimens shall be deemed to be specimens of species included in Annex A and the trade in them shall be regulated accordingly.

(7) The following are not subject to the provisions of this Regulation:

Fossils

Coral sand, that is to say material consisting entirely or in part of finely crushed fragments of dead coral no larger than 2 mm in diameter and which may also contain, amongst other things, the remains of Foraminifera, mollusc and crustacean shell, and coralline algae

Coral fragments (including gravel and rubble), that is to say unconsolidated fragments of broken finger-like dead coral and other material between 2 and 30 mm in diameter.

(8) Artificially propagated specimens of the following hybrids and/or cultivars are not subject to the provisions of this Regulation:

Hatiora x graeseri

Schlumbergera x buckleyi

Schlumbergera russelliana x Schlumbergera truncata

Schlumbergera orssichiana x Schlumbergera truncata

Schlumbergera opuntioides x Schlumbergera truncata

Schlumbergera truncata (cultivars)

Cactaceae spp. colour mutants lacking chlorophyll, grafted on the following grafting stocks: Harrisia“Jusbertii”, Hylocereus trigonus or Hylocereus undatus

Opuntia microdasys (cultivars)

(9) Artificially propagated hybrids of the following genera are not subject to the provisions of this Regulation, if conditions, as indicated in paragraphs a) and b) below, are met: Cymbidium, Dendrobium, Phalaenopsis and Vanda:

Specimens are readily recognisable as artificially propagated and do not show any signs of having been collected in the wild such as mechanical damage or strong dehydration resulting from collection, irregular growth and heterogeneous size and shape within a taxon and shipment, algae or other epiphyllous organisms adhering to leaves, or damage by insects or other pests; and

when shipped in non flowering state, the specimens must be traded in shipments consisting of individual containers (such as cartons, boxes, crates or individual shelves of CC-containers) each containing 20 or more plants of the same hybrid; the plants within each container must exhibit a high degree of uniformity and healthiness; and the shipment must be accompanied by documentation, such as an invoice, which clearly states the number of plants of each hybrid; or

ii)

when shipped in flowering state, with at least one fully open flower per specimen, no minimum number of specimens per shipment is required but specimens must be professionally processed for commercial retail sale, e.g. labelled with printed labels or packaged with printed packages indicating the name of the hybrid and the country of final processing. This should be clearly visible and allow easy verification.

Plants not clearly qualifying for the exemption must be accompanied by appropriate CITES documents.

(10) Artificially propagated specimens of cultivars of Cyclamen persicum are not subject to the provisions of this Regulation. However, the exemption does not apply to such specimens traded as dormant tubers.

(11) Artificially propagated hybrids and cultivars of Taxus cuspidata, live, in pots or other small containers, each consignment being accompanied by a label or document stating the name of the taxon or taxa and the text “artificially propagated”, are not subject to the provisions of this Regulation

19.5.2009

Official Journal of the European Union

L 123/62

COMMISSION REGULATION (EC) No 408/2009

of 18 May 2009

amending Regulation (EC) No 793/2006 laying down certain detailed rules for applying Council Regulation (EC) No 247/2006 laying down specific measures for agriculture in the outermost regions of the Union

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 247/2006 of 30 January 2006 laying down specific measures for agriculture in the outermost regions of the Union (1), and in particular the second subparagraph of Article 19(4), Article 20(2) and Article 25 thereof,

Whereas:

(1)	In the light of the experience gained from the application of Commission Regulation (EC) No 793/2006 (2), certain provisions of that Regulation need to be amended.

(2)

The first subparagraph of Article 19(4) of Regulation (EC) No 247/2006 authorises Madeira to produce, purely for local consumption, UHT milk reconstituted from milk powder originating within the Community within the limits of local consumption requirements, in so far as this measure ensures that locally produced milk is collected and finds outlets. Detailed rules for the application of that provision should be adopted.

(3)

The types of outlet for fresh cow’s milk produced in Madeira and the minimum volume which should be incorporated in reconstituted UHT milk for local consumption should be specified. Experience would show that a minimum volume of incorporation of 15 % is appropriate to ensure that locally produced milk is collected and can find outlets.

(4)	In order to ensure adequate consumer information and in view of the exceptional nature of this derogation, the labelling should mention the method by which the product is obtained.

(5)	The authorisation referred to in the first subparagraph of Article 19(4) of Regulation (EC) No 247/2006 is limited to the production of UHT milk for local consumption and the export of the reconstituted milk should therefore be prohibited.

(6)

Article 20(1) of Regulation (EC) No 247/2006 authorises the French overseas departments and Madeira to import bovine animals from third countries, without applying customs duties, for fattening and local consumption purposes, until the local numbers of young male bovines reach a level sufficient to ensure that local beef and veal production can be maintained and developed. This supply must be limited to young male bovine animals for fattening.

(7)

The application of Article 20(2) of Regulation (EC) No 247/2006 requires effective checks on the specific destination of imported animals, and in particular compliance with a minimum duration of the fattening period. As a result, provision should be made for the lodging of a security to ensure that animals are fattened during that period in production units indicated for the purpose.

(8)	In view of the technical nature of the aforementioned detailed rules of application, provision should be made for a transitional period for the application of those rules.

(9)

The first subparagraph of Article 47(1) of Regulation (EC) No 793/2006 requires that, as regards the specific supply arrangements, the competent authorities are to send to the Commission, no later than the 15th day of the month following the end of each quarter, the data relating to the previous months. However, the second subparagraph of Article 47(1) states that the data provided for in the first subparagraph are to be supplied on the basis of the licences and certificates utilised. Article 10(2) of the same Regulation also states that the period of validity of licences and certificates are to be fixed on the basis of the transportation time, and that this time may not exceed two months from the date on which the licence or certificate was issued. Finally, in accordance with Article 7 of the same Regulation, the aid certificate must be submitted within 30 days from the date on which it may be charged. Since it is not legitimate for operators to require the transmission of quantities used within a time frame less than that authorised under the regulations, which may be as much as three months from the date on which the certificate was issued, the monthly data for the quarter which must be sent on the 15th day after that quarter, may be only extremely incomplete. As a result, the deadline for sending those data should be extended to the last day of the month following that quarter and it should be indicated that the data to be communicated should be available on that date. The provisional data will be replaced by final data by means of subsequent communications.

(10)	In order to ensure the standardised and harmonised management of data concerning the specific supply arrangements to be sent regularly to the Commission, the relevant authorities must use a single form, which is provided in the annex to this Regulation.

(11)

The procedures for amending programmes provided for in Article 49 of Regulation (EC) No 793/2006 need to be specified. The final date for submitting annual requests to amend general programmes should be brought forward in order to prevent approval decisions being adopted too late. In accordance with budgetary rules, the approved amendments must be implemented as from 1 January of the year following the amendment request. Moreover, further clarification is required of certain rules for minor amendments to be notified to the Commission for information purposes only.

(12)	Regulation (EC) No 793/2006 should therefore be amended accordingly.

(13)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 793/2006 is amended as follows:

under Title IV, Chapter III shall be added:

‘CHAPTER III

Animal products

Article 46a

Milk

1. The reconstituted UHT milk referred to in Article 19(4) of Regulation (EC) No 247/2006 shall incorporate at least 15 % of fresh cow’s milk produced locally.

The method by which the UHT milk thus reconstituted has been obtained shall be clearly indicated on the sales labelling.

2. The milk referred to in paragraph 1 above must not be exported outside of the Madeira archipelago.

Article 46b

Livestock farming

1. The import of young male bovine animals originating from third countries, coming under CN codes 0102 90 05, 0102 90 29 or 0102 90 49 and intended for fattening in the French overseas departments or Madeira shall not be subject to customs duties until the local numbers of young male bovines reach a level sufficient to ensure the maintenance and development of local beef and veal production.

2. The exemption from import customs duty provided for in the first paragraph shall apply provided that the imported animals are fattened for at least 120 days in the outermost region which issued the import licence.

3. Eligibility for exemption from import duties is subject to:

(a)	a written declaration by the importer or applicant, made on the arrival of the animals in the French overseas departments or Madeira, to the effect that the bovines are intended for fattening there for a period of 120 days from their actual date of arrival and will be consumed there afterwards;

(b)	a written undertaking by the importer or applicant, made on the arrival of the bovine animals, to inform the competent authorities, within one month of their date of arrival, of the holding or holdings where the animals are to be fattened;

(c)

the lodging of a security of an amount as laid down for each eligible CN code in Annex VIIIa to this Regulation with the competent authority of the Member State. The fattening of the imported animals in the French overseas departments or Madeira for at least 120 days from the date of acceptance of the customs declaration of release for free circulation is a primary requirement within the meaning of Article 20(2) of Commission Regulation (EEC) No 2220/85 (3).

4. Except in cases of force majeure, the security referred to in paragraph 3(c) shall be released only if proof is furnished to the competent authority of the Member State that the young bovine animals:

(a)	have been fattened on the farm or farms indicated pursuant to paragraph 3(b);

(b)	have not been slaughtered before a period of 120 days from the date of import has elapsed; or

(c)	have been slaughtered for health reasons or have died as a result of sickness or accident before that period has elapsed.

(d)	The security shall be released immediately after such proof has been furnished.

Article 47(1) shall be amended as follows:

(a)

in the first subparagraph, the first sentence is replaced by the following:

‘As regards the specific supply arrangements, the competent authorities shall send to the Commission, no later than the last day of the month following the end of each quarter, the following data, available on that date, relating to the previous months of the reference calendar year, broken down by product and CN code and, where applicable, by individual destination:’;

(b)

the second subparagraph shall be replaced by the following:

‘The data provided for in the first subparagraph shall be supplied on the basis of the licences and certificates utilised. They are to be communicated to the Commission electronically using the form given in Annex VIIIb. If the data communicated on the last day of January for the previous calendar year are only provisional, they will be replaced by final data in a subsequent communication, which the relevant authorities shall send to the Commission by the following 31 March at the latest.’;

Article 49 is replaced by the following:

‘Article 49

Amendments to programmes

1. The amendments to be made to the general programmes approved under Article 24(2) of Regulation (EC) No 247/2006 shall be submitted to the Commission for approval and shall be duly substantiated, in particular by giving the following information:

(a)	the reasons and any implementation problems justifying amendment of the overall programme;

(b)	the expected effects of the amendment;

(c)	the implications for financing and verification of commitments.

Except in cases of force majeure or exceptional circumstances, Member States shall submit requests for amendments to programmes only once per calendar year and per programme. Such requests for amendment must be received by the Commission no later than 1 August each year.

If the Commission raises no objections to the amendments requested, the amendments envisaged shall apply from 1 January of the year following that in which they were notified.

Such amendments may apply earlier if the Commission confirms in writing to the Member State before the date referred to in the third subparagraph that the notified amendments comply with Community legislation.

If the notified amendment does not comply with Community legislation, the Commission shall inform the Member State thereof and the amendment shall not apply until the Commission receives an amendment that can be declared as compliant.

2. By way of derogation from paragraph 1, for the following amendments, the Commission shall evaluate the Member States’ proposals and decide on their approval within four months of their submission at the latest in accordance with the procedure referred to in Article 26(2) of Regulation (EC) No 247/2006:

(a)	the introduction of new measures, actions, products or aid schemes into the general programme; and

(b)	the increase of the unit level of support already approved for each existing measure, action, product or aid scheme by more than 50 % of the amount applicable at the time when the request for amendment is presented.

The amendments thus approved shall apply from 1 January of the year following that in which the request for an amendment was made.

3. Member States may make the following amendments without recourse to the procedure set out in paragraph 1, provided that the amendments are notified to the Commission:

(a)	in the case of forecast supply balances, changes in the individual level of aid up to 20 % or changes in the quantities of the products concerned covered by the supply arrangements and, consequently, the global amount of aid allocated to support each line of products;

(b)	as regards Community programmes supporting local production, adjustments up to 20 % of the financial allocation for each individual measure; and

(c)	amendments following amendments to codes and descriptions laid down in Council Regulation (EEC) No 2658/87 (4) used to identify the products benefiting from aid, as long as those amendments do not entail a change of the products themselves.

The amendments referred to in subparagraph 1 shall not apply before the date on which they are received by the Commission. They shall be duly explained and justified and may be implemented only once per year except in the following cases:

(a)	force majeure or exceptional circumstances;

(b)	amendment of the quantities of products covered by the supply arrangements;

(c)	amendment of the statistical nomenclature and of the Common Customs Tariff codes as provided for in Regulation (EEC) No 2658/87;

(d)	budget transfers within production support measures. These amendments shall, however, be notified no later than 30 April of the year following the calendar year to which the amended financial allocation refers.

4.	Annexes VIIIa and VIIIb shall be inserted, the text of which appears 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.

However, point 1 of Article 1 shall apply from 1 January 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 May 2009.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 42, 14.2.2006, p. 1.

(2) OJ L 145, 31.5.2006, p. 1.

(3) OJ L 205, 3.8.1985, p. 5.’;

(4) OJ L 256, 7.9.1987, p. 1.’;

ANNEX

‘

ANNEX VIIIa

SECURITY AMOUNTS

Male bovine animals for fattening (CN code)	Amount in euro per head
0102 90 05	28
0102 90 29	56
0102 90 49	105

ANNEX VIIIb

FORMS FOR THE QUARTERLY COMMUNICATION OF DATA ON SPECIFIC SUPPLYARRANGEMENTS

ARTICLE 47(1)(a)

OF REGULATION (EC) No 793/2006

Quantities broken down according to whether they are imported from third countries or dispatched from the Community

“REGION”

PERIOD FROM “DD/MM/YYYY TO DD/MM/YYYY”

Name of product

CN code

January

February

March

April

May

June

Origin

Quantity delivered

(tonnes)

Origin

Quantity delivered

(tonnes)

Origin

Quantity delivered

(tonnes)

Origin

Quantity delivered

(tonnes)

Origin

Quantity delivered

(tonnes)

Origin

Quantity delivered

(tonnes)

Name of product

CN code

July

August

September

October

November

December

Annual total

Origin

Quantity delivered

(tonnes)

Origin

Quantity delivered

(tonnes)

Origin

Quantity delivered

(tonnes)

Origin

Quantity delivered

(tonnes)

Origin

Quantity delivered

(tonnes)

Origin

Quantity delivered

(tonnes)

Origin

Quantity delivered

(tonnes)

ARTICLE 47(1)(b)

OF REGULATION (EC) No 793/2006

Amount of aid and the expenditure actually paid by product and, where applicable, by individual destination

“REGION”

PERIOD FROM “DD/MM/YYYY TO DD/MM/YYYY”

Name of product (1)

CN code

Amount of aid

(EUR/tonne)

Amount paid

January

February

March

April

May

June

July

August

September

October

November

December

Annual total

ARTICLE 47(1)(c)

OF REGULATION (EC) No 793/2006

Quantities for which licences and certificates have not been utilised, broken down by category of licence or certificate (aid or exemption from import duties)

“REGION”

PERIOD FROM “DD/MM/YYYY TO DD/MM/YYYY”

Name of product

CN code

Category of certificate

Quantity unused

January

February

March

April

May

June

July

August

September

October

November

December

Annual total

ARTICLE 47(1)(d)

OF REGULATION (EC) No 793/2006

Quantities re-exported or redispatched under Article 16 and the unit amounts and totals of recovered aid

“REGION”

PERIOD FROM “DD/MM/YYYY TO DD/MM/YYYY”

Name of product

CN code

January

February

March

April

Quantities re-exported or redispatched

(tonnes)

Unit amount

Amounts recovered

Quantities re-exported or redispatched

(tonnes)

Unit amount

Amounts recovered

Quantities re-exported or redispatched

(tonnes)

Unit amount

Amounts recovered

Quantities re-exported or redispatched

(tonnes)

Unit amount

Amounts recovered

Name of product

CN code

May

June

July

August

Quantities re-exported or redispatched

(tonnes)

Unit amount

Amounts recovered

Quantities re-exported or redispatched

(tonnes)

Unit amount

Amounts recovered

Quantities re-exported or redispatched

(tonnes)

Unit amount

Amounts recovered

Quantities re-exported or redispatched

(tonnes)

Unit amount

Amounts recovered

Name of product

CN code

September

October

November

December

Annual total

Quantities re-exported or redispatched

(tonnes)

Unit amount

Amounts recovered

Quantities re-exported or redispatched

(tonnes)

Unit amount

Amounts recovered

Quantities re-exported or redispatched

(tonnes)

Unit amount

Amounts recovered

Quantities re-exported or redispatched

(tonnes)

Unit amount

Amounts recovered

Quantities re-exported or redispatched

(tonnes)

Amounts recovered

ARTICLE 47(1)(e)

OF REGULATION (EC) No 793/2006

Quantities re-exported or redispatched after processing in accordance with Article 18

“REGION”

PERIOD FROM “DD/MM/YYYY TO DD/MM/YYYY”

Name of product

CN code

Quantities re-exported or redispatched (tonnes)

January

February

March

April

May

June

July

August

September

October

November

December

Annual total

ARTICLE 47(1)(f)

OF REGULATION (EC) No 793/2006

Transfers within an overall quantity for a category of products and amendments to the forecast supply balances during the period

“REGION”

PERIOD FROM “DD/MM/YYYY TO DD/MM/YYYY”

Name of product

CN code

1st quarter

2nd quarter

3rd quarter

4th quarter

Annual total

Provisional total

(tonnes)

Amounts transferred

Amended total

Provisional total

(tonnes)

Amounts transferred

Amended total

Provisional total

(tonnes)

Amounts transferred

Amended total

Provisional total

(tonnes)

Amounts transferred

Amended total

Provisional total

(tonnes)

Amounts transferred

Amended total

ARTICLE 47(1)(g)

OF REGULATION (EC) No 793/2006

Available balance and utilisation rate

“REGION”

PERIOD FROM “DD/MM/YYYY TO DD/MM/YYYY”

Name of product

CN code

Provisional total (tonnes)

Quantities used

January

February

March

April

May

June

July

August

September

October

November

December

ARTICLE 18

Name of product

CN code

Provisional total (tonnes)

Quantities used

January

February

March

April

May

June

July

August

September

October

November

December

Quantities used

Balance

Utilisation rate

’

(1) indicate if direct or industrial consumption

19.5.2009

Official Journal of the European Union

L 123/78

COMMISSION REGULATION (EC) No 409/2009

of 18 May 2009

establishing Community conversion factors and presentation codes used to convert fish processed weight into fish live weight, and amending Commission Regulation (EEC) No 2807/83

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993, establishing a control system applicable to the Common Fisheries policy (1), and in particular Article 5 thereof,

Whereas:

(1)

The implementation of Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States’ catches of fish (2), has brought to light certain differences which result in problems of application and enforcement of Community legislation and which should be rectified, notably by harmonising fresh fish conversion factors among EU Member States.

(2)	Presentation codes for processed fish should be established in order to eliminate ambiguities in the interpretation of data recorded and therefore allow a more effective control of catch uptake by Member States.

(3)	Harmonised Community conversion factors will ensure harmonisation in the calculations of each of the national quota uptake, a more effective monitoring of the reporting obligations and a standardised calculation of the margin of tolerance.

(4)	For the purpose of the correct application of fish conversion factors, only Three-Alpha codes established by the FAO for fish species should be used. Regulation (EEC) No 2807/83 should therefore be amended accordingly.

(5)	The measures provided for in this Regulation are in accordance with the opinion of the Fisheries and Aquaculture Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation establishes Community conversion factors and presentation codes for processed fish, to convert fish processed weight into fish live weight for the propose of monitoring catches.

Article 2

Scope

This Regulation shall apply to fishery products on board or landed or transhipped by Community fishing vessels and by third country vessels fishing in European Union waters.

Article 3

Definitions

For the purpose of this Regulation, the following definitions shall apply:

(a)	‘Community fishing vessel’ means a fishing vessel flying the flag of a Member State and registered in the Community;

(b)	‘Fish’ means any marine organism subject to catch limits;

(c)	‘Presentation’ means the form into which the fish is processed while on board of the vessel and prior to landing, as described in Annex I;

(d)	‘Collective presentation’ means a presentation consisting of two or more parts extracted from the same fish;

(e)	‘total allowable catches’ (TAC) means the quantity that can be taken and landed from each stock each year;

(f)	‘quota’ means a proportion of the TAC allocated to the Community or Member States;

(g)	‘state of processing’ means the way the fish is preserved (fresh and fresh salted).

Article 4

General principles

1. The Community conversion factors set out in Annex II and Annex III shall apply to convert fish processed weight into fish live weight.

2. By way of derogation from paragraph 1, where Regional Fisheries Management Organisations, of which the European Community is a Contracting party or cooperating non-Contracting party, or regions or coastal areas where the European Community has an agreement to fish in third country waters, have defined regional conversion factors, those factors shall apply.

3. Where no Community or regional conversion factors exist for a given species and presentation, the conversion factor adopted by the flag Member State shall apply.

Article 5

Calculation method

1. The fish live weight shall be obtained by multiplying the fish processed weight by the conversion factors referred to in Article 4 for each species and presentation.

2. In case of collective presentations, only one conversion factor corresponding to one of the parts of the collective presentation shall be used.

Article 6

Use of conversion factors by the master of the vessel

1. The masters of Community fishing vessels shall use the conversion factors referred to in Article 4 in the logbook as referred to in Article 6 of Regulation (EEC) No 2847/93, to:

(a)	estimate the live weight of the quantities onboard the fishing vessel; and

(b)	to calculate the live weight of the quantities upon landing.

2. When deemed necessary by the master of the fishing vessel to use, in the landing declaration as referred to in Article 8 of Regulation (EEC) No 2847/93 or transhipment declaration as referred to in Article 2 of Regulation (EEC) No 2807/83, the presentation code ‘OTH’ (other), the master shall describe exactly what the presentation ‘other’ refers to.

Article 7

Use of Community conversion factors by Member States’ authorities

Member States’ authorities shall use the Community conversion factors referred to in Article 4 when calculating the live weight of landings in order to monitor the quota uptake.

Article 8

Amendments to Regulation (EEC) No 2807/83

In Article 1 of Regulation (EEC) No 2807/83, paragraph 4 is replaced by the following:

‘4. The codes given in Annex VI and the Three-Alpha codes established by the FAO for fish species shall be used for indicating, under the appropriate headings of the logbook, the fishing gear used and the species caught.’

Article 9

Entry into force and application

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 May 2009.

For the Commission

Joe BORG

Member of the Commission

(1) OJ L 261, 20.10.1993, p. 1.

(2) OJ L 276, 10.10.1983, p. 1.

ANNEX I

PRESENTATION 3-ALPHA CODES

3-Alpha presentation code	Presentation	Description
FIL	Fillets	Removal of head, guts, bones and fins. Each fish originates two fillets not joined by any part
FIS	Skinned fillets	Removal of head, guts, bones, fins and skin. Each fish originates two fillets not joined by any part
GHT	Gutted headed and tailed	Guts, head and tail removed
GUG	Gutted and gilled	Guts and gills removed
GUH	Gutted and headed	Guts and head removed
GUL	Gutted liver in	Guts removed with the exception of liver
GUS	Gutted headed and skinned	Guts head and skin removed
GUT	Gutted	All guts removed
HEA	Headed	Head removed
LVR	Liver	Liver only. In case of collective presentation use code LVR-C
OTH	Other	Any other presentation
ROE	Roe(s)	Roe(s) only. In case of collective presentation use code ROE-C
SGT	Gutted and salted	Guts removed and fish salted
TAL	Tail	Tails only
TNG	Tongue	Tongue only. In case of collective presentation use code TNG-C
WHL	Whole	No processing
WNG	Wings	Wings only

ANNEX II

FRESH COMMUNITY CONVERSION FACTORS

Species: Albacore

Thunnus alalunga

ALB

WHL

1,00

GUT

1,11

Species: Alfonsinos

Beryx spp.

ALF

WHL

1,00

Species: Anchovy

Engraulis encrasicholus

ANE

WHL

1,00

Species: Anglerfish Lophiidae	ANF
WHL	1,00
GUT	1,22
GUH	3,00
TAL	3,00

Species: Mackerel icefish

Champsocephalus gunnari

ANI

WHL

1,00

Species: Greater silver smelt

Argentina silus,

ARU

WHL

1,00

Species: Bigeye tuna Thunnus obesus	BET
WHL	1,00
GUT	1,10
GUH	1,29

Species: Blue ling

Molva dypterygia

BLI

WHL

1,00

GUT

1,17

Species: Brill

Scophthalmus rhombus

BLL

WHL

1,00

GUT

1,09

Species: Black scabbardfish Aphanopus carbo	BSF
WHL	1,00
GUT	1,24
HEA	1,40

Species: Atlantic blue marlin

Makaira nigricans

BUM

WHL

1,00

Species: Capelin

Mallotus villosus

CAP

WHL

1,00

Species: Cod Gadus morhua	COD
WHL	1,00
GUT	1,17
GUH	1,70
HEA	1,38
FIL	2,60
FIS	2,60

Species: Common Dab Limanda limanda	DAB
WHL	1,00
GUT	1,11
GUH	1,39

Species: Picked dogfish Squalus acanthias	DGS
WHL	1,00
GUT	1,35
GUS	2,52

Species: European flounder Platichthys flesus	FLE
WHL	1,00
GUT	1,08
GUS	1,39

Species: Greater forkbeard Phycis blennoides	GFB
WHL	1,00
GUT	1,11
GUH	1,40

Species: Greenland halibut

Reinhardtius hippoglossoides

GHL

WHL

1,00

GUT

1,08

Species: Haddock Melanogrammus aeglefinus	HAD
WHL	1,00
GUT	1,17
GUH	1,46

Species: Atlantic halibut

Hippoglossus hippoglossus

HAL

WHL

1,00

Species: Hering Clupea harengus	HER
WHL	1,00
GUT	1,12
GUH	1,19

Species: European hake Merluccius merluccius	HKE
WHL	1,00
GUT	1,11
GUH	1,40

Species: White hake

Urophycis tenuis

HKW

WHL

1,00

Species: Horse mackerel

Trachurus spp.

JAX

WHL

1,00

GUT

1,08

Species: Antarctic krill

Euphausia superba

KRI

WHL

1,00

Species: Lemon sole

Microstomus kitt

LEM

WHL

1,00

GUT

1,05

Species: Megrims Lepidorhombus spp.	LEZ
WHL	1,00
GUT	1,06
FIL	2,50

Species: Unicorn icefish

Channichthys rhinoceratus

LIC

WHL

1,00

Species: Ling Molva molva	LIN
WHL	1,00
GUT	1,14
GUH	1,32
FIL	2,64

Species: Atlantic mackerel

Scomber scombrus

MAC

WHL

1,00

GUT

1,09

Species: Norway lobster

Nephrops norvegicus

NEP

WHL

1,00

TAL

3,00

Species: Humped rockcod

Notothenia gibberifrons

NOG

WHL

1,00

Species: Norway pout

Trisopterus esmarkii

NOP

WHL

1,00

Species: Marbled rockcod

Notothenia rossii

NOR

WHL

1,00

Species: Orange roughy

Hoplostethus atlanticus

ORY

WHL

1,00

Species: Pacific snow crab

Chionoecetes spp.

PCR

WHL

1,00

Species: White shrimps

Penaeus spp.

PEN

WHL

1,00

Species: European plaice Pleuronectes platessa	PLE
WHL	1,00
GUT	1,05
GUH	1,39
FIL	2,40

Species: Saithe

Pollachius virens

POK

WHL

1,00

GUT

1,19

Species: Pollack

Pollachius pollachius

POL

WHL

1,00

GUT

1,17

Species: Northern prawn

Pandalus borealis

PRA

WHL

1,00

Species: Atlantic redfishes

Sebastes spp.

RED

WHL

1,00

GUT

1,19

Species: Rough-head grenadier

Macrourus berglax

RHG

WHL

1,00

Species: Roundnose grenadier Coryphaenoides rupestris	RNG
WHL	1,00
GUT	1,11
GUH	1,92
GHT	3,20

Species: Sandeels

Ammodytes spp.

SAN

WHL

1,00

Species: Blackspot seabream

Pagellus bogaraveo

SBR

WHL

1,00

GUT

1,11

Species: Rough longnose dogfish

Deania histricosa

SDH

WHL

1,00

Species: Arrowhead dogfish

Deania profundorum

SDU

WHL

1,00

Species: South Georgia icefish

Pseudochaenichthys georgianus

SGI

WHL

1,00

Species: Common sole

Solea solea

SOL

WHL

1,00

GUT

1,04

Species: European sprat

Sprattus sprattus

SPR

WHL

1,00

Species: Northern squid

Illex illecebrosus

SQI

WHL

1,00

Species: Squid

Martialia hyadesi

SQS

WHL

1,00

Species: Skates Rajidae	SRX
WHL	1,00
GUT	1,13
WNG	2,09

Species: Swordfish Xiphias gladius	SWO
WHL	1,00
GUT	1,11
GUH	1,31

Species: Patagonian toothfish

Dissostichus eleginoides

TOP

WHL

1,00

Species: Turbot

Psetta maxima

TUR

WHL

1,00

GUT

1,09

Species: Tusk

Brosme brosme

USK

WHL

1,00

GUT

1,14

Species: Blue whiting

Micromesistius poutassou

WHB

WHL

1,00

GUT

1,15

Species: Whiting

Merlangius merlangus

WHG

WHL

1,00

GUT

1,18

Species: Atlantic white marlin

Tetrapturus albidus

WHM

WHL

1,00

Species: Witch flounder

Glyptocephalus cynoglossus

WIT

WHL

1,00

GUT

1,06

Species: Yellowtail flounder

Limanda ferruginea

YEL

WHL

1,00

ANNEX III

FRESH SALTED COMMUNITY CONVERSION FACTORS

Species: Ling

Molva molva

LIN

SGT

2,80

19.5.2009

Official Journal of the European Union

L 123/86

COUNCIL DECISION

of 11 May 2009

appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

(2009/388/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing a European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),

Having regard to the nominations submitted by the LATVIAN Government,

Whereas:

(1)	By its Decision of 18 September 2006 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2006 to 17 September 2009.

(2)	A member’s seat on the Governing Board of the Centre in the category of government representatives has become vacant as a result of the resignation of Mr Gunars KRUSTS.

(3)	The Latvian member of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2009,

HAS DECIDED AS FOLLOWS:

Sole Article

The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2009:

GOVERNMENT REPRESENTATIVE

LATVIA

Mr Jānis GAIGALS.

Done at Brussels, 11 May 2009.

For the Council

The President

M. KOPICOVÁ

(1) OJ L 39, 13.2.1975, p. 1.

(2) OJ C 240, 5.10.2006, p. 1.

19.5.2009

Official Journal of the European Union

L 123/87

COMMISSION DECISION

of 16 July 2008

on the State aid which Italy proposes to grant to the steel company Lucchini Siderurgica SpA (C 25/2000 (ex N 149/99))

(notified under document number C(2008) 3515)

(Only the Italian text is authentic)

(Text with EEA relevance)

(2009/389/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,

Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,

Having called on interested parties to submit their comments pursuant to those provisions (1), and having regard to their comments,

Whereas:

1. PROCEDURE

(1)	On 21 December 2000, the Commission adopted a negative final decision in case C 25/2000 Lucchini (previously numbered N 145/99), which concerned environmental aid that Italy was planning to grant to the steel plant Lucchini SpA (Lucchini) (2).

(2)

The recipient challenged the decision before the Court of First Instance. On 19 September 2006 the Court annulled the decision in so far as it found that the sum of ITL 2,7 billion (EUR 1 396 000) in aid towards investments in the coking plant and the sum of ITL 1,38 billion (EUR 713 550) in aid towards investments in the water and sewerage system were incompatible with the common market. It upheld the Commission’s decision with respect to the steelworks, the blast furnace and the fume extraction system (3).

(3)

On 9 August 2007, the Commission sent Italy a request for information, which was answered by letter dated 5 September 2007. Further information was gathered in an on-site visit to the production plant in Piombino, Tuscany, on 10 September 2007 (4). A final request for information dated 3 October 2007 was answered by letter of 7 November 2007.

2. DESCRIPTION

2.1. The undertaking and the installations concerned

(4)

The Lucchini steel plant is located in Piombino, Tuscany, on the shores of the Mediterranean. It is situated in an urban area, only a couple of hundred metres away from water used for swimming and fishing, and the local population will accept its presence only if proper attention is paid to the scale of the environmental impact.

(5)

The coking plant distils coal at temperatures between 1 240 °C and 1 250 °C in order to obtain coke, which is needed for the production of pig iron. A coke oven battery is composed of a series of narrow, high and deep ovens set up next to each other. The ovens are separated by a walled burning chamber in which gas is burnt to heat the ovens. The ovens are filled from the top with coal. To empty a coke oven, doors on both sides are opened and the coke is pushed out of the oven with a pusher machine.

(6)	The coking process has a specific duration of around 24 hours. Any speeding up of the process before or during coke production will not speed up production overall or increase the amount of coke produced in a specific time.

(7)

The battery on which the notified investments were carried out was built in 1971. At that time, Lucchini Piombino had three coke oven batteries, one of which had 27 ovens, one 43, and one 45. In November 1992 coke production was stopped pending a management decision on the future of coke production inside the plant. In March 1993, a decision was taken to continue coke production, and the coke oven batteries were reactivated.

(8)	During the months of suspension the coke ovens were carefully emptied and slowly cooled to a temperature between 900 °C and 950 °C. Italy has explained that even if the interruption is carefully controlled a certain level of degradation of the assets cannot be avoided.

(9)

In 1996, a decision was taken to invest in an upgrading of the coking plant. One battery was of relatively good quality and still in a relatively good state, and it was decided that, with an appropriate upgrading, it could continue to operate for a further 10 years. The investment began in 1998. The other two coking batteries were shut down for dismantling.

(10)	This system is a closed circuit in which water is used to cool the various installations in the plant indirectly. The water is in no direct physical contact with the installations and is therefore not altered in its chemical composition.

(11)

The water is taken from a source such as sea or ground water, and returned to the same source after use. One important source of cooling water at the Lucchini plant is the Mediterranean Sea. The water is pumped in from the sea, used for cooling, and returned to the sea at a higher temperature. This is a problem for the marine fauna and flora, even if the temperature is below the permitted maximum of 35 °C.

2.2. The aid measures

(12)	Most of the measures being assessed here relate to stages of production in the coking plant. They are described in more detail in the assessment below. The total amount of the investments was ITL 38,45 billion (roughly EUR 19 200 000).

(13)

The investments in the water and sewerage system aimed at replacing part of the water taken from and returned to the sea by water from the local authority water purification plant. Even though the investment was without effect on the increase in the temperature of the water as such, the amount of heated water returned was significantly reduced. The cost of the investments in the water and sewerage system was ITL 19,7 billion (roughly EUR 9 850 000).

3. THE JUDGMENT OF THE COURT OF FIRST INSTANCE

(14)	The Court of First Instance essentially found that the Commission decision was inadequately reasoned in certain parts, which the Court annulled (5).

(15)

The Court confirmed that the specific conditions for environmental aid to the steel industry were set out in the Annex to the sixth Steel Aid Code (the Code) (6) and in the general Community guidelines on State aid for environmental protection (the Guidelines) (7) which were applicable at the time of granting (8). More precisely, the provisions that were relevant to the present case were paragraphs 3.2.1. and 3.2.3.B of the Guidelines, clarified and adapted for the purposes of the ECSC steel industry by the second part of the Annex to the Code.

(16)

Paragraph 3.2.1 of the Guidelines states that ‘aid ostensibly intended for environmental protection measures but which is in fact for general investment is not covered by these guidelines’. This reiterates the principle also set out in the Annex to the Code according to which ‘For all cases of State aid for environmental protection the Commission will, as appropriate, impose strict conditions and safeguards so as to avoid general investment aid for new plants or equipment being granted under cover of environmental protection’. In such cases an assessment begins by establishing that the measure concerned would not in fact have been carried out in any event. The Court of First Instance held that if the Member State succeeded in demonstrating that the measure had an environmental purpose, the aid could not be declared ineligible by reason only of the fact that it might have an impact on production. All that was required was that any advantage in regard to lower production costs be deducted (9).

(17)

As regards eligibility, the Code states that ‘new investment which would have been necessary in any event on economic grounds or due to the age of the existing plant or equipment will not be eligible for aid. The existing plant must have significant useful life left (at least 25 %) for the new investment to be eligible for aid’ (10). In the case before it the Court held that the Commission had failed to provide an adequate statement of its reasons for not accepting an expert’s report submitted by Italy which found that that the useful life left of the equipment in question was indeed higher than 25 % (11). On the other hand, the Court accepted that investments that had to be carried out for technical and production reasons would have been carried out ‘in any event’ (12).

(18)

Both the Commission and the Court accepted that the Lucchini plant in Piombino complied with the mandatory standards before the investments. Paragraph 3.2.3.B of the Guidelines makes provision for ‘Aid to encourage firms to improve on mandatory environmental standards’. The Court found that the investment in the coking plant did ‘improve on mandatory environmental standards’: the two projects, which had been notified separately, should have been treated as a single project (13). The Commission had not properly explained why it did not accept Italy’s explanations.

(19)

A condition for the application of this provision was that the investor demonstrate ‘that a clear decision was taken to opt for higher standards which necessitated additional investment, that is, that a lower-cost solution existed which would meet the new environmental standards’ (14). In the light of the documents and evidence submitted by Italy, the Court held that the Commission had failed to show that the old environmental equipment was unable to operate (15).

4. ASSESSMENT

(20)

The grants planned by Italy to support the investments in the steel plant are public funds which provide a selective advantage to Lucchini and threaten to distort competition and affect trade between Member States. They therefore constitute State aid within the meaning of Article 87(1) of the EC Treaty.

(21)	The Commission has reassessed the two groups of investments by analysing each measure individually, to establish in particular whether it would have been carried out in any event, either for economic reasons or in view of the age of the plant concerned.

4.1. The coking plant

4.1.1. Environmental concerns regarding the coking plant

(22)

As a guide for the classification of the investments in the coking plant, the Commission referred to the Commission’s own Best Available Techniques Reference Document on the Production of Iron and Steel of December 2001 (16). That document states that emissions to air are most significant for coke oven plants. Many of them are fugitive emissions from various sources such as leakages from lids, oven doors and leveller doors, ascension pipes and emissions from certain operations like coal charging, coke pushing and coke quenching. In addition, fugitive emissions arise from the coke oven gas treatment plant. The main point source for emissions to air is the waste gas from the underfiring systems. Consequently most of the techniques to consider in the determination of best available techniques refer to the minimisation of emissions to air. Emphasis is placed on smooth and undisturbed operation as well as on maintenance of coke ovens, which appears to be essential. Further, desulphurisation of coke oven gas is a measure of high priority to minimise SO2 emissions, not only at coke oven plants themselves but also at other plants where the coke oven gas is used as a fuel.

4.1.2. Eligible measures

(23)

As a result of its assessment, the Commission has concluded that Italy has demonstrated that investments totalling ITL 29,93 billion had a genuine environmental protection objective. For these measures, the Commission considers that Italy has shown that a clear decision was taken to opt for higher environmental protection standards. All of the parts of the plant to which these investments are directed have a useful life left of at least 25 %. The submission to that effect made by Italy has been confirmed by the Commission’s own assessment. In addition, it is presumed that no lower-cost solution existed, other than the continuation of the old facility, as the investments referred to below constitute exclusively environmental measures.

(24)	These investments are further described in the following paragraphs.

(25)

Lucchini decided to invest ITL 3 billion (about EUR 1 500 000) in a new conveyor belt. The existing uncovered conveyor belt carrying coal from the harbour to the coking plant area was a significant source of dust emissions. Lucchini therefore determined to replace it by a new ecological conveyor belt, i.e. a belt running in a tubular structure.

(26)	As a further measure to reduce dust emissions, Lucchini installed a humidification system on the conveyor belt. The amount of the investment was ITL 269 million (about EUR 135 000).

(27)	A consequence of the humidification is that the coal tends to lump together, which can impede the subsequent filling of the oven chambers. To prevent this, blowing devices were installed on the coal storage towers. This investment amounted to ITL 295 million (about EUR 150 000).

(28)	The measures have no effect on the operation of the coking facility or the steel plant in general.

(29)	Lucchini decided to invest a total of ITL 14,3 billion (about EUR 5 900 000) in measures aimed at reducing emissions occurring during the filling of the oven chambers.

(30)

The oven chambers were charged through the battery roof by coal charging cars. The charging car was filled from the coal storage tower, and during this operation was positioned under the tower. The charging car transported the coal mix on a rail track installed on the battery roof, and unloaded it into the oven chamber through special openings on each oven’s roof.

(31)

Before the investment, the coal was dropped into the oven without further protection, which resulted in significant gas emissions. The purpose of the investment was to achieve a perfect join between the charging hopper and the oven roof, so that the charging process would be emission-free. The investment breaks down into three components: (1) replacing the charging cars, ITL 5 billion (about EUR 2 500 000); (2) replacing the roof openings and levelling the roof (i.e. reconstructing the entire roof), ITL 7,7 billion (about EUR 3 300 000); and (3) replacing the rail system, ITL 1,5 billion (about EUR 750 000).

(32)

The Commission checked in particular that the high costs of the first two measures were justified. The replacement of the charging cars proved to be necessary because the new improved hoppers are higher that the simpler ones used originally. Mounted under the existing charging cars, the new hoppers would have made the cars too high to fit under the filling towers. The heavy cost of replacing the roof of the ovens is a result of the special refractory material used.

(33)	The measures have no effect on the level of production.

(34)

A series of measures was carried out to minimise emissions from the coke oven doors, at a total cost of ITL 5 billion (about EUR 2 130 000). The old doors did not close hermetically, which allowed gas to escape. Reliable closure was further impeded by tar deposited on the oven doors and door frames during each charge. The existing simple and rigid oven doors could not be improved sufficiently, so that all 54 doors had to be replaced, which cost ITL 2,5 billion (about EUR 1 120 000).

(35)

Second, the doors and door frames had to be regularly cleaned to eliminate tar mixed with dangerous substances such as sulphur, phosphorus etc. This was originally done by hand on a weekly basis. The mechanisation of the cleaning process, which cost ITL 2,1 billion (about EUR 1 000 000), enabled Lucchini to carry out the cleaning after each charge, i.e. on a daily basis, instead of only once a week. This further reduced pollution in general, and improved the closure of the oven doors.

(36)

Finally, the new doors weighed 1,5 tonnes more that the original doors, and it became too dangerous for the coking plant workers to handle them with the previous chain mechanism. Another mechanism was installed, at a cost of ITL 356 million (about EUR 175 000), which made the operation safer for the workers. The measure itself had no environmental purpose, but since it became necessary only as a result of the installation of the new doors, the Commission takes the view that it is a follow-up investment made necessary by an environmental measure, and thus accepts that the two measures should be considered as a package.

(37)	The measures have no impact on the overall production process.

(38)

Lucchini invested ITL 1 billion (about EUR 500 000) in the modification of the system for the extraction of gas from the ovens. The new system was aimed at fine-tuning the speed of the gas extraction mechanism. The pressure in the pipes varies, and when it rises too high valves open and release the necessary volume of gas to the air. The investment sought to regularise the stream of gas, and thus to reduce the frequency of valve openings.

(39)

In addition, the main collecting pipe, the ascension pipes and the tubes connecting to the aspiration system were fully replaced under an investment plan costing ITL 1,5 billion (about EUR 750 000). The old system worked using steam, there were leaks in the connecting tubes that allowed gas to escape, and the ascension pipes were not fitted with hydraulic valves. The new system was based on cooling with high-pressure ammonia, which together with the cooling reduces pollutants in the gas.

(40)	In a further investment, the gas treatment installation was renovated. In essence, the feed lines were replaced, a new facility for the removal of naphthalene was added, and an IT control system was installed for the gas purification system. The investment cost ITL 1,5 billion (about EUR 750 000).

(41)	The electrostatic filter system to filter out the volatile components of the gas was entirely overhauled in order to increase its performance in removing tars. The planned cost was ITL 1,5 billion (about EUR 750 000).

(42)

Tar emitted during the coke production process is stored at a temperature of 70 °C. The hot tar releases carcinogenic gases. Lucchini decided to invest ITL 1 427 billion (about EUR 700 000) in an installation for collecting and burning these carcinogenic gas emissions. The investment has no effect on the level of production.

(43)

As a result of the investments in the gas purification system, there is a slight increase in the amount and value of the chemical substances that are extracted and sold. On the other hand, the constant monitoring needed for the new system generates much higher costs. There is therefore no overall production benefit that might have to be deducted.

(44)	An SO2 emission measurement system had to be installed to monitor SO2 emissions in the air. The investment was undertaken for solely environmental purposes, and cost ITL 138 million (about EUR 70 000). The measure had no effect on production.

4.1.3. Measures which would have been carried out in any event

(45)

The Commission has concluded that the measures described below would have been carried out in any event, and consequently are not eligible for environmental aid. The investments represent a total of ITL 8,52 billion which cannot be approved as environmental aid since it did not have had any incentive effect.

(46)

Lucchini decided to invest ITL 4 241 billion (about EUR 2 100 000) in the repair of the oven chambers by resealing them or by partially or fully replacing the bricks. The Commission considers that this investment was carried out for production reasons. In the first place, the Commission would point out that the battery itself is not part of the environmental equipment but is the very core of the installation.

(47)	Second, repair by sealing the bricks is part of the ordinary maintenance of a coking battery.

(48)

Further, Italy informed the Commission that the interruption of the working of the coking battery in 1992-1993 sped up its degradation. It thus reduced the useful life of the battery. When the company decided in 1999 to renovate the battery, the aim was to ensure that it continued to work for at least another 10 years. If rebricking was found necessary, rather than straightforward sealing, it can be assumed that the deterioration of the walls was already far advanced. If the oven walls were in bad condition, there was a risk, for example, that they might bend inwards, so that the pushers would no longer be able to pass and push the coke out of the oven chamber. The chamber would have become unusable. Such bending would also endanger the stability of the roof.

(49)	Italy explained that the rebricking of the oven wall had an environmental aim. Where gas can circulate between the oven chamber and the burning chamber, gas entering the burning chamber alters the burning gas composition, and black smoke is emitted from the chimney.

(50)

The Commission accepts Italy’s explanation regarding the need for hermetic closure between the two chambers. But the Commission does not believe that this shows that the investor had taken a clear decision to opt for higher standards. For the reasons set out above, the Commission takes the view that the investments would have been carried out in any event. In its letter of 3 October 2007 the Commission gave Italy the opportunity to rebut the Commission’s observations, but Italy did not do so. The Commission therefore considers that the rebricking of the oven walls would have been carried out in any event for economic reasons, in order to ensure continued production of coke on the site.

(51)

It is true that power cuts have a negative impact on the environment, but the Commission considers that the installation of a fall-back generator was undertaken primarily for reasons linked to production. Power cuts have a substantial impact on production, and a reserve generator would have been installed in any event. The investment cost ITL 1,8 billion (about EUR 900 000).

(52)

Lucchini spent ITL 220 million (about EUR 110 000) on new filters to filter the steam generated by the process of quenching the hot coke after it comes out of the ovens. The Commission considers that the filters would have been replaced in any event, because they had reached the end of their useful life (20 years), as was confirmed by Italy during the on-site visit.

(53)

Coal levelling in the oven chambers has environmental benefits. But the investment involved here consisted only in the automation of a measure which had previously been carried out manually. Automation has hardly any impact on the emissions. The measure would have been taken in any event, for economic reasons. The notified cost of the investment was ITL 1,5 billion (about EUR 750 000).

(54)

The gas pipe bringing gas to the chambers in which the gas is burnt to heat the ovens was leaking, allowing gas to escape. It would have had to be replaced in any event, because the gas is highly explosive and the leaks represented a serious danger to the workers. The investment cost ITL 761 million (about EUR 380 000).

4.2. The water and sewerage system

(55)	Before the investment, the plant’s water and sewerage system complied with the mandatory thresholds in force.

(56)

The amount of water taken from and returned to the sea was 36 800 000 m3 before the investment, and 26 000 000 m3 after the investment. The investment consisted essentially in building a connection to the local authority water purification plant, and changing the piping system so as to reduce the volume of water needed. The Commission considers that the measure had a genuinely environmental aim.

(57)

The investment reduced pumping costs by EUR 206 712 annually. On the other hand, water from the local authority purification plant is not free of charge, but costs EUR 0,15 per m3, which results in additional costs of EUR 226 200 annually. The new system consequently costs Lucchini EUR 19 488 annually more that the old one. Thus there are no production benefits which might have to be deducted.

5. CONCLUSION

(58)

In view of the above, the Commission has concluded that, for the coking plant, investments amounting to ITL 29,93 billion have a genuine environmental objective (72 % of the total amount invested in the coking plant), and are thus eligible under the Guidelines in force at the time (recital 15 above) (17). There are no production benefits. Italy notified an aid intensity of 7 %. The corresponding sum in aid, ITL 2,095 billion (equal to EUR 1 081 977,2), can therefore be found compatible.

(59)

The Commission has concluded that the remaining investments in the coking plant, amounting to ITL 8,52 billion (EUR 4 300 000), would have been carried out in any event, either for economic reasons or for reasons to do with the useful life of the plant. As regional aid to investment is not permitted in the steel industry, the aid corresponding to this investment, amounting to ITL 0,596 billion (EUR 307 808,31), is incompatible.

(60)	The entire measure in respect of the water and sewerage system can be considered to have a genuine environmental objective. Since there are no production benefits, the full amount of aid can be approved: at an aid intensity of 7 %, this amounts to ITL 1,379 billion (EUR 712 184,06),

HAS ADOPTED THIS DECISION:

Article 1

The State aid which Italy plans to grant to the steel undertaking Lucchini Siderurgica SpA consisting of EUR 1 081 977,2 (ITL 2 095 billion) for environmental investments in the coking plant and EUR 712 184,06 (ITL 1 379 billion) for environmental investments in the water and sewerage system is compatible with the common market.

Article 2

The State aid which Italy plans to grant to the steel undertaking Lucchini Siderurgica SpA consisting of EUR 307 808,31 (ITL 0,596 billion) for investments in the coking plant other than those referred to in Article 1 is incompatible with the common market.

Consequently, this aid may not be granted.

Article 3

This Decision is addressed to the Italian Republic.

Done at Brussels, 16 July 2008.

For the Commission

Neelie KROES

Member of the Commission

(1) OJ C 248, 23.10.2007, p. 25.

(2) OJ L 163, 20.6.2001, p. 24.

(3) Case T-166/01 Lucchini v Commission [2006] ECR II-2875.

(4) The on-site visit was carried out by two DG Competition officials and one steel expert from DG Enterprise and Industry.

(5) Judgment, paragraphs 112 et seq.

(6) Commission Decision No 2496/96/ECSC of 18 December 1996 establishing Community rules for State aid to the steel industry, (OJ L 338, 1996, p. 42).

(7) OJ C 72, 10.3.1994, p. 3.

(8) Judgment, paragraph 59.

(9) Judgment, paragraph 92.

(10) Ibid.

(11) Judgment, paragraph 103.

(12) For instance, the Court upheld the Commission decision with respect to the investment in the blast furnace. The Commission had found that the modernisation of the furnace had made the original environmental equipment redundant, so that it would have had to be replaced in any event for production reasons.

(13) Judgment, paragraphs 107 et seq.

(14) Second part of the Annex to the Code, point (a): ‘In the case of firms which decide to improve significantly on mandatory standards, in addition to complying with the criteria in point (b)(ii) above, the investor will have to demonstrate that a clear decision was taken to opt for higher standards which necessitated additional investment, that is, that a lower-cost solution existed which would meet the new environmental standards. In any event, the higher aid level (30 %, as opposed to the 15 % that could be granted at the time or meeting mandatory standards) will only apply to the additional environmental protection achieved’.

(15) Judgment, paragraphs 104 et seq.

(16) http://www.envir.ee/ippc/docs/iron%20and%20steel.doc

(17) Irrespective of whether they improve on best available techniques, which is a requirement under the current Community guidelines on State aid for environmental protection (OJ C 82, 1.4.2008, p. 1).

19.5.2009

Official Journal of the European Union

L 123/94

GUIDELINE OF THE EUROPEAN CENTRAL BANK

of 7 May 2009

amending Guideline ECB/2007/2 on a Trans-European Automated Real-time Gross Settlement Express Transfer system (TARGET2)

(ECB/2009/9)

(2009/390/EC)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty establishing the European Community, and in particular to the first and fourth indents of Article 105(2) thereof,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 3.1 and Articles 17, 18 and 22 thereof,

Whereas:

(1)

The Governing Council of the European Central Bank (ECB) adopted Guideline ECB/2007/2 of 26 April 2007 on a Trans-European Automated Real-time Gross Settlement Express Transfer system (TARGET2) (1) governing TARGET2 which is characterised by a single technical platform called the Single Shared Platform (SSP).

(2)

Amendments should be made to Guideline ECB/2007/2: (a) in view of the new release of the SSP and the need to define the newly introduced cross-system settlement; and (b) to allow access to TARGET2 by publicly-owned credit institutions which, in view of their specific institutional nature under Community law, are subject to scrutiny of a standard comparable to supervision by competent national authorities,

HAS ADOPTED THIS GUIDELINE:

Article 1

Annexes II, III and IV to Guideline ECB/2007/2 are amended in accordance with the Annex to this Guideline.

Article 2

Entry into force

1. This Guideline shall enter into force on 8 May 2009.

2. Article 1 shall apply from 11 May 2009.

Article 3

Addressees and implementing measures

1. This Guideline applies to all Eurosystem central banks.

2. The national central banks of the Member States that have adopted the euro shall by 11 May 2009 send to the ECB the measures by which they intend to comply with this Guideline.

Done at Frankfurt am Main, 7 May 2009.

For the Governing Council of the ECB

The President of the ECB

Jean-Claude TRICHET

(1) OJ L 237, 8.9.2007, p. 1.

ANNEX

Annex II to Guideline ECB/2007/2 is amended as follows:

The definition of ‘credit institution’ in Article 1 is replaced by the following:

‘—

“credit institution” means either: (a) a credit institution within the meaning of [insert national law provisions implementing Article 4(1)(a) and, if relevant, Article 2 of the Banking Directive] that is subject to supervision by a competent authority; or (b) another credit institution within the meaning of Article 101(2) of the Treaty that is subject to scrutiny of a standard comparable to supervision by a competent authority.’

Annex III to Guideline ECB/2007/2 is amended as follows:

The definition of ‘credit institution’ in the list of definitions contained in this Annex is replaced by the following:

‘—

“credit institution” means either: (a) a credit institution within the meaning of Articles 2 and 4(1)(a) of the Banking Directive, as implemented in national law, that is subject to supervision by a competent authority; or (b) another credit institution within the meaning of Article 101(2) of the Treaty that is subject to scrutiny of a standard comparable to supervision by a competent authority.’

Annex IV to Guideline ECB/2007/2 is amended as follows:

In paragraph 1, the following definitions are added:

‘—	“cross-system settlement” means the real-time settlement of debit instructions under which payments are executed from a settlement bank of one AS using settlement procedure 6 to a settlement bank of another AS using settlement procedure 6;

—	“Static Data (Management) Module” means the SSP module in which static data are collected and recorded.’,

The following paragraph 3(7) is added:

‘(7)

The ASCBs shall ensure that the ASs with which they have bilateral arrangements provide the name and the BIC of the AS with which they intend to execute cross-system settlement and the date from which cross-system settlement with a particular AS should begin or stop. This information shall be recorded in the Static Data (Management) Module.’

Paragraph 4(3) is replaced by the following:

‘(3)

A payment instruction shall be deemed accepted if:

(a)	the payment instruction complies with the rules established by the network service provider;

(b)	the payment instruction complies with the formatting rules and conditions of the ASCB’s TARGET2 component system;

(c)	the settlement bank is on the list of settlement banks referred to in paragraph 3(1);

(d)	in the case of a cross-system settlement, the relevant AS is on the list of ASs with which cross-system settlement may be executed;

(e)	in the event that a settlement bank’s participation in TARGET2 has been suspended, the explicit consent of the SCB of the suspended settlement bank has been obtained.’

Paragraph 6(1)(f) is replaced by the following:

‘(f)	settlement procedure 6 (dedicated liquidity and cross-system settlement).’

Paragraph 8(5) is replaced by the following:

‘(5)

When settlement procedure 6 is offered by an ASCB for interfaced models, SCBs shall open one or more sub-accounts in their TARGET2 component systems for settlement banks, to be used for dedicating liquidity and, if relevant, cross-system settlement. Sub-accounts shall be identified by the BIC of the PM account to which they relate, in combination with an account number that is specific to the relevant sub-account. The account number is composed of the country code plus up to 32 characters (depending on the relevant national bank account structure).’

Paragraph 14 is replaced by the following:

‘14. Settlement procedure 6 — Dedicated liquidity and cross-system settlement

(1)

Settlement procedure 6 can be used for both the interfaced and the integrated model, as described in subparagraphs 4 to 13 and 14 to 18 below, respectively. In the case of the integrated model, the relevant AS has to use a mirror account to collect the necessary liquidity set aside by its settlement banks. In the case of the interfaced model, the settlement bank has to open at least one sub-account relating to a specific AS.

(2)	If they so request, the settlement banks shall be notified via a SWIFT MT 900 or MT 910 message of the crediting and debiting of their PM accounts and, if applicable, of their sub-accounts.

(3)

When offering cross-system settlement under settlement procedure 6, the ASCBs and SCBs shall support cross-system settlement payments, if they are initiated by the relevant ASs. An AS can only initiate cross-system settlement during its processing cycle, and settlement procedure 6 has to be running in the AS receiving the payment instruction. Cross-system settlement shall be offered for both daytime and night-time processing under settlement procedure 6. The possibility to execute cross-system settlement between two individual ASs shall be recorded in the Static Data (Management) Module.

(A) Interfaced model

(4)

When offering settlement procedure 6, the ASCBs and SCBs shall support the settlement of bilateral and/or multilateral cash balances of AS transactions by:

(a)	enabling a settlement bank to pre-fund its prospective settlement obligation through liquidity transfers from its PM account into its sub-account (hereinafter “dedicated liquidity”) prior to the AS processing; and

(b)

settling the AS’s payment instructions subsequent to the completion of the AS processing: in relation to short settlement banks by debiting their sub-accounts (within the limits of the funds provided on such account) and crediting the AS’s technical account and in relation to long settlement banks by crediting their sub-accounts and debiting the AS’s technical account.

(5)

When offering settlement procedure 6:

(a)	the SCBs shall open at least one sub-account in relation to a single AS for each settlement bank; and

(b)	the ASCB shall open a technical account for the AS for: (i) crediting funds collected from the sub-accounts of the short settlement banks; and (ii) debiting funds when making credits to the dedicated sub-accounts of the long settlement banks.

(6)

Settlement procedure 6 shall be offered both for daytime processing and night-time operations of ASs. In the latter case, the new business day shall start immediately upon fulfilment of the minimum reserve requirements; any debit or credit made on the relevant accounts thereafter shall be for value of the new business day.

(7)

Under settlement procedure 6 and with regard to dedicating liquidity, the ASCBs and SCBs shall offer the following types of liquidity transfer service into and from the sub-account:

(a)

standing orders which settlement banks may submit or modify at any time during a business day via the ICM (when it is available). Standing orders submitted after the sending of the “start-of-procedure” message on a given business day shall be valid only for the next business day. If there are several standing orders to credit different sub-accounts, they shall be settled in the order of their amount, starting with the highest. During night-time AS operations, if there are standing orders for which there are insufficient funds on the PM account, such orders shall be settled following a pro-rata reduction of all orders;

(b)

current orders, which may only be submitted either by a settlement bank (via the ICM) or the relevant AS via an XML message during the running of settlement procedure 6 (identified by the time span from the “start-of-procedure” to the “end-of-procedure” message) and which will be settled only as long as the AS processing cycle has not yet started. If there is a current order submitted by the AS for which there are insufficient funds on the PM account, such order shall be partially settled;

(c)	SWIFT orders that go via an MT 202 message, which may only be submitted during the running of settlement procedure 6 and only during daytime processing. Such orders shall be settled immediately. In the case of a running cycle, this shall be done without the AS being notified.

(8)

Settlement procedure 6 shall start by means of a “start-of-procedure” message and finish by means of an “end-of-procedure” message, with both messages to be sent by the AS. However, for night-time ancillary system operations, the “start-of-procedure” message is sent by the ASCB. “Start-of-procedure” messages shall trigger the settlement of standing orders for the transfer of liquidity into the sub-accounts. The “end-of-procedure” message leads to an automatic retransfer of liquidity from the sub-account to the PM account.

(9)

Under settlement procedure 6, dedicated liquidity on the sub-accounts shall be frozen as long as the AS processing cycle is running (starting with a “start-of-cycle” message and ending with an “end-of-cycle” message, both to be sent by the AS) and released thereafter. The frozen balance can be changed during the processing cycle as a result of cross-system settlement payments.

(10)	Within each AS processing cycle, payment instructions shall be settled out of dedicated liquidity whereby Algorithm 5 (as referred to in Appendix I of Annex II) shall be used as a rule.

(11)

Within each AS processing cycle, a settlement bank’s dedicated liquidity can be increased by crediting certain incoming payments directly to its sub-accounts, i.e. coupons and redemption payments. In such cases, the liquidity first has to be credited on the technical account, then debited from such account before crediting the liquidity on the sub-account (or on the PM account).

(12)

Cross-system settlement between two interfaced ASs can only be initiated by an AS (or its ASCB on its behalf) whose participant’s sub-account is debited. The payment instruction is settled by debiting the amount indicated in the payment instruction from the sub-account of a participant of the AS initiating the payment instruction and crediting such amount to the sub-account of a participant of another AS.

The AS initiating the payment instruction and the other AS shall be notified of the completion of the settlement.

(13)

Cross-system settlement from an AS using the interfaced model to an AS using the integrated model can be initiated by the AS using the interfaced model (or its ASCB on its behalf). The payment instruction is settled by debiting the amount indicated in the payment instruction from the sub-account of a participant of the AS using the interfaced model and crediting such amount to the mirror account used by the AS using the integrated model. The payment instruction cannot be initiated by the AS using the integrated model whose mirror account will be credited.

The AS initiating the payment instruction and the other AS shall be notified of the completion of the settlement.

(B) Integrated model

(14)	When offering settlement procedure 6 for integrated models, the ASCBs and SCBs shall support such settlement. In the event that settlement procedure 6 is used for the integrated model during daytime processing, only limited functionality is offered.

(15)

Under settlement procedure 6 and with regard to the integrated model, the ASCBs and SCBs shall offer the following types of liquidity transfer service into a mirror account:

(a)

standing orders (for daytime processing and for night-time AS operations), which settlement banks may submit or modify at any time during a business day via the ICM (when it is available). Standing orders submitted after the sending of the “start-of-procedure” message on a given business day shall be valid only for the next business day. If there are several standing orders, they shall be settled in the order of their amount, starting with the highest. If a standing order for daytime processing is not covered, it will be rejected. During night-time AS operations, if there are standing orders for which there are insufficient funds on the PM account, such orders shall be settled following a pro-rata reduction of all orders;

(b)

current orders, which may only be submitted either by a settlement bank (via the ICM) or the relevant AS via an XML message during the running of settlement procedure 6 (identified by the time span from the “start-of-procedure” to the “end-of-procedure” message) and which will be settled only as long as the AS processing cycle has not yet started. If there is a current order for which there are insufficient funds on the PM account, such order shall be partially settled;

(c)	SWIFT orders that go via an MT 202 message, which may only be submitted during daytime processing. Such orders shall be settled immediately.

(16)	The rules regarding the “start-of-procedure” and “end-of-procedure” messages, as well as regarding the start and end of cycle for the interfaced model, shall apply mutatis mutandis.

(17)

Cross-system settlement between two ASs using the integrated model can only be initiated by an AS (or its ASCB on its behalf) whose mirror account is debited. The payment instruction is settled by debiting the amount indicated in the payment instruction from the mirror account used by the AS initiating the payment instruction and crediting such amount to the mirror account used by another AS. The payment instruction cannot be initiated by the AS whose mirror account will be credited.

The AS initiating the payment instruction and the other AS shall be notified of the completion of the settlement.

(18)

Cross-system settlement from an AS using the integrated model to an AS using the interfaced model can be initiated by the AS using the integrated model (or its ASCB on its behalf). The payment instruction is settled by debiting the amount indicated in the payment instruction from the mirror account used by the AS using the integrated model and crediting such amount to the sub-account of a participant of another AS. The payment instruction cannot be initiated by the AS using the interfaced model whose participant’s sub-account will be credited.

The AS initiating the payment instruction and the other AS shall be notified of the completion of the settlement.’

19.5.2009

Official Journal of the European Union

L 123/99

GUIDELINE OF THE EUROPEAN CENTRAL BANK

of 7 May 2009

amending Guideline ECB/2000/7 on monetary policy instruments and procedures of the Eurosystem

(ECB/2009/10)

(2009/391/EC)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty establishing the European Community, and in particular to the first indent of Article 105(2) thereof,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 12.1 and Article 14.3 in conjunction with the first indent of Article 3.1, Article 18 and the first paragraph of Article 20 thereof,

Whereas:

(1)

Achieving a single monetary policy entails defining the instruments and procedures to be used by the Eurosystem, consisting of the national central banks (NCBs) of Member States that have adopted the euro (hereinafter the ‘participating Member States’) and the European Central Bank (ECB), in order to implement such a policy in a uniform manner throughout the euro area.

(2)

Amendments should be made to Guideline ECB/2000/7 of 31 August 2000 on monetary policy instruments and procedures of the Eurosystem (1) to allow access to Eurosystem open market operations and standing facilities by credit institutions which, in view of their specific institutional nature under Community law, are subject to scrutiny of a standard comparable to supervision by competent national authorities,

HAS ADOPTED THIS GUIDELINE:

Article 1

Amendment to Annex I to Guideline ECB/2000/7

In the first paragraph of Section 2.1, the third sentence of the second indent is replaced by the following:

‘In view of their specific institutional nature under Community law, financially sound institutions within the meaning of Article 101(2) of the Treaty that are subject to scrutiny of a standard comparable to supervision by competent national authorities can be accepted as counterparties. Financially sound institutions that are subject to non-harmonised supervision by national authorities of a standard comparable to harmonised EU/EEA supervision can also be accepted as counterparties, e.g. branches established in the euro area of institutions that have their head office outside the EEA.’

Article 2

Entry into force

This Guideline shall enter into force on 11 May 2009.

Article 3

Addressees and implementing measures

1. This Guideline is addressed to the NCBs of participating Member States.

2. The NCBs referred to in paragraph 1 shall by 11 May 2009 send to the ECB the measures by which they intend to comply with this Guideline.

Done at Frankfurt am Main, 7 May 2009.

For the Governing Council of the ECB

The President of the ECB

Jean-Claude TRICHET

(1) OJ L 310, 11.12.2000, p. 1.

19.5.2009

Official Journal of the European Union

L 123/100

Corrigendum to Commission Regulation (EC) No 275/2009 of 2 April 2009 amending Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia

( Official Journal of the European Union L 91 of 3 April 2009 )

On page 19, Annex, in point 2, under (c):

for:

‘Ali Ramadan Kleilat Al-Delby’,

read:

‘Ali Ramadhan Kleilat Al-Delbi’.

		ISSN 1725-2555 doi:10.3000/17252555.L_2009.123.eng
Official Journal of the European Union		L 123

English edition	Legislation	Volume 52 19 May 2009

Contents		I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory	page
		REGULATIONS
		Commission Regulation (EC) No 406/2009 of 18 May 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables	1
	*	Commission Regulation (EC) No 407/2009 of 14 May 2009 amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein	3
	*	Commission Regulation (EC) No 408/2009 of 18 May 2009 amending Regulation (EC) No 793/2006 laying down certain detailed rules for applying Council Regulation (EC) No 247/2006 laying down specific measures for agriculture in the outermost regions of the Union	62
	*	Commission Regulation (EC) No 409/2009 of 18 May 2009 establishing Community conversion factors and presentation codes used to convert fish processed weight into fish live weight, and amending Commission Regulation (EEC) No 2807/83	78

	II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory
	DECISIONS
	Council
	2009/388/EC
*	Council Decision of 11 May 2009 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training	86
	Commission
	2009/389/EC
*	Commission Decision of 16 July 2008 on the State aid which Italy proposes to grant to the steel company Lucchini Siderurgica SpA (C 25/2000 (ex N 149/99)) (notified under document number C(2008) 3515) ( 1 )	87
	GUIDELINES
	European Central Bank
	2009/390/EC
*	Guideline of the European Central Bank of 7 May 2009 amending Guideline ECB/2007/2 on a Trans-European Automated Real-time Gross Settlement Express Transfer system (TARGET2) (ECB/2009/9)	94
	2009/391/EC
*	Guideline of the European Central Bank of 7 May 2009 amending Guideline ECB/2000/7 on monetary policy instruments and procedures of the Eurosystem (ECB/2009/10)	99

		Corrigenda
	*	Corrigendum to Commission Regulation (EC) No 275/2009 of 2 April 2009 amending Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia (OJ L 91, 3.4.2009)	100