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Document 01997R0338-20200101

    Consolidated text: Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein

    ELI: http://data.europa.eu/eli/reg/1997/338/2020-01-01

    01997R0338 — EN — 01.01.2020 — 021.002


    This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

    ►B

    COUNCIL REGULATION (EC) No 338/97

    of 9 December 1996

    on the protection of species of wild fauna and flora by regulating trade therein

    (OJ L 061 3.3.1997, p. 1)

    Amended by:

     

     

    Official Journal

      No

    page

    date

     M1

    COMMISSION REGULATION (EC) No 938/97 of 26 May 1997

      L 140

    1

    30.5.1997

     M2

    COMMISSION REGULATION (EC) No 2307/97 of 18 November 1997

      L 325

    1

    27.11.1997

     M3

    COMMISSION REGULATION (EC) No 2214/98 of 15 October 1998

      L 279

    3

    16.10.1998

     M4

    COMMISSION REGULATION (EC) No 1476/1999 of 6 July 1999

      L 171

    5

    7.7.1999

     M5

    COMMISSION REGULATION (EC) No 2724/2000 of 30 November 2000

      L 320

    1

    18.12.2000

     M6

    COMMISSION REGULATION (EC) No 1579/2001 of 1 August 2001

      L 209

    14

    2.8.2001

     M7

    COMMISSION REGULATION (EC) No 2476/2001 of 17 December 2001

      L 334

    3

    18.12.2001

     M8

    COMMISSION REGULATION (EC) No 1497/2003 of 18 August 2003

      L 215

    3

    27.8.2003

    ►M9

    REGULATION (EC) No 1882/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 September 2003

      L 284

    1

    31.10.2003

     M10

    COMMISSION REGULATION (EC) No 834/2004 of 28 April 2004

      L 127

    40

    29.4.2004

     M11

    COMMISSION REGULATION (EC) No 1332/2005 of 9 August 2005

      L 215

    1

    19.8.2005

     M12

    COMMISSION REGULATION (EC) No 318/2008 of 31 March 2008

      L 95

    3

    8.4.2008

     M13

    COMMISSION REGULATION (EC) No 407/2009 of 14 May 2009

      L 123

    3

    19.5.2009

    ►M14

    REGULATION (EC) No 398/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009

      L 126

    5

    21.5.2009

     M15

    COMMISSION REGULATION (EU) No 709/2010 of 22 July 2010

      L 212

    1

    12.8.2010

     M16

    COMMISSION REGULATION (EU) No 101/2012 of 6 February 2012

      L 39

    133

    11.2.2012

     M17

    COMMISSION REGULATION (EU) No 1158/2012 of 27 November 2012

      L 339

    1

    12.12.2012

     M18

    COMMISSION REGULATION (EU) No 750/2013 of 29 July 2013

      L 212

    1

    7.8.2013

     M19

    COMMISSION REGULATION (EU) No 1320/2014 of 1 December 2014

      L 361

    1

    17.12.2014

     M20

    COMMISSION REGULATION (EU) 2016/2029 of 10 November 2016

      L 316

    1

    23.11.2016

     M21

    COMMISSION REGULATION (EU) 2017/128 of 20 January 2017

      L 21

    1

    26.1.2017

     M22

    COMMISSION REGULATION (EU) 2017/160 of 20 January 2017

      L 27

    1

    1.2.2017

    ►M23

    REGULATION (EU) 2019/1010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 June 2019

      L 170

    115

    25.6.2019

    ►M24

    COMMISSION REGULATION (EU) 2019/2117 of 29 November 2019

      L 320

    13

    11.12.2019


    Corrected by:

    ►C1

    Corrigendum, OJ L 298, 1.11.1997, p.  70  (338/1997)

     C2

    Corrigendum, OJ L 139, 5.6.2009, p.  35 (407/2009)

     C3

    Corrigendum, OJ L 023, 28.1.2017, p.  123 (2017/128)

    ►C4

    Corrigendum, OJ L 330, 20.12.2019, p.  104 (2019/2117)




    ▼B

    COUNCIL REGULATION (EC) No 338/97

    of 9 December 1996

    on the protection of species of wild fauna and flora by regulating trade therein



    Article 1

    Object

    The object of this Regulation is to protect species of wild fauna and flora and to guarantee their conservation by regulating trade therein in accordance with the following Articles.

    This Regulation shall apply in compliance with the objectives, principles and provisions of the Convention defined in Article 2.

    Article 2

    Definitions

    For the purposes of this Regulation:

    (a) 

    ‘committee’ shall mean the Committee on Trade in Wild Fauna and Flora, established under Article 18;

    (b) 

    ‘convention’ shall mean the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites);

    (c) 

    ‘country of origin’ shall mean the country in which a specimen was taken from the wild, captive-bred or artificially propagated;

    (d) 

    ‘import notification’ shall mean the notification given by the importer or his agent or representative, at the time of the introduction into the Community of a specimen of a species included in Annexes C or D, on a form prescribed by the Commission in accordance with the procedure laid down in Article 18;

    (e) 

    ‘introduction from the sea’ shall mean the introduction into the Community of any specimen which was taken in, and is being introduced directly from, the marine environment not under the jurisdiction of any State, including the air-space above the sea and the sea-bed and subsoil beneath the sea;

    (f) 

    ‘issuance’ shall mean the completion of all procedures involved in preparing and validating a permit or certificate and its delivery to the applicant;

    (g) 

    ‘management authority’ shall mean a national administrative authority designated, in the case of a Member State, in accordance with Article 13(1)(a) or, in the case of a third country party to the Convention, in accordance with Article IX of the Convention;

    (h) 

    ‘member state of destination’ shall mean the Member State of destination mentioned in the document used to export or re-export a specimen; in the event of introduction from the sea, it shall mean the Member State within whose jurisdiction the place of destination of a specimen lies;

    (i) 

    ‘offering for sale’ shall mean offering for sale and any action that may reasonably be construed as such, including advertising or causing to be advertised for sale and invitation to treat;

    (j) 

    ‘personal or household effects’ shall mean dead specimens, parts and derivatives thereof, that are the belongings of a private individual and that form, or are intended to form, part of his normal goods and chattels;

    (k) 

    ‘place of destination’ shall mean the place at which at the time of introduction into the Community, it is intended that specimens will normally be kept; in the case of live specimens, this shall be the first place where specimens are intended to be kept following any period of quarantine or other confinement for the purposes of sanitary checks and controls;

    (l) 

    ‘population’ shall mean a biologically or geographically distinct total number of individuals;

    (m) 

    ‘primarily commercial purposes’ shall mean all purposes the non-commercial aspects of which do not clearly predominate;

    (n) 

    ‘re-export from the Community’ shall mean export from the Community of any specimen that has previously been introduced;

    (o) 

    ‘reintroduction into the Community’ shall mean introduction into the Community of any specimen that has previously been exported or re-exported;

    (p) 

    ‘sale’ shall mean any form of sale. For the purposes of this Regulation, hire, barter or exchange shall be regarded as sale; cognate expressions shall be similarly construed;

    (q) 

    ‘scientific authority’ shall mean a scientific authority designated, in the case of a Member State, in accordance with Article 13(1)(b) or, in the case of a third country party to the Convention, in accordance with Article IX of the Convention;

    (r) 

    ‘scientific review group’ shall mean the consultative body established under Article 17;

    (s) 

    ‘species’ shall mean a species, subspecies or population thereof;

    (t) 

    ‘specimen’ shall mean any animal or plant, whether alive or dead, of the species listed in Annexes A to D, any part or derivative thereof, whether or not contained in other goods, as well as any other goods which appear from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be or to contain parts or derivatives of animals or plants of those species, unless such parts or derivatives are specifically exempted from the provisions of this Regulation or from the provisions relating to the Annex in which the species concerned is listed by means of an indication to that effect in the Annexes concerned.

    A specimen will be considered to be a specimen of a species listed in Annexes A to D if it is, or is part of or derived from, an animal or plant at least one of whose ‘parents’ is of a species so listed. In cases where the ‘parents’ of such an animal or plant are of species listed in different Annexes, or of species only one of which is listed, the provisions of the more restrictive Annex shall apply. However, in the case of specimens of hybrid plants, if one of the ‘parents’ is of a species listed in Annex A, the provisions of the more restrictive Annex shall apply only if that species is annotated to that effect in the Annex;

    (u) 

    ‘trade’ shall mean the introduction into the Community, including introduction from the sea, and the export and re-export therefrom, as well as the use, movement and transfer of possession within the Community, including within a Member State, of specimens subject to the provisions of this Regulation;

    (v) 

    ‘transit’ shall mean the transport of specimens between two points outside the Community through the territory of the Community which are shipped to a named consignee and during which any interruption in the movement arises only from the arrangements necessitated by this form of traffic;

    (w) 

    ‘worked specimens that were acquired more than 50 years previously’ shall mean specimens that were significantly altered from their natural raw state for jewellery, adornment, art, utility, or musical instruments, more than 50 years before the entry into force of this Regulation and that have been, to the satisfaction of the management authority of the Member State concerned, acquired in such conditions. Such specimens shall be considered as worked only if they are clearly in one of the aforementioned categories and require no further carving, crafting or manufacture to effect their purpose;

    (x) 

    ‘checks at the time of introduction, export, re-export and transit’ shall mean documentary checks on the certificates, permits and notifications provided for in this Regulation and — in cases where Community provisions so provide or in other cases by representative sampling of the consignments — examination of the specimens, where appropriate accompanied by the taking of samples with a view to analysis or more detailed checks.

    Article 3

    Scope

    1.  Annex A shall contain:

    (a) 

    the species listed in Appendix I to the Convention for which the Member States have not entered a reservation;

    (b) 

    any species:

    (i) 

    which is, or may be, in demand for utilization in the Community or for international trade and which is either threatened with extinction or so rare that any level of trade would imperil the survival of the species;

    or

    (ii) 

    which is in a genus of which most of the species or which is a species of which most of the subspecies are listed in Annex A in accordance with the criteria in subparagraphs (a) or (b)(i) and whose listing in the Annex is essential for the effective protection of those taxa.

    2.  Annex B shall contain:

    (a) 

    the species listed in Appendix II to the Convention, other than those listed in Annex A, for which the Member States have not entered a reservation;

    (b) 

    the species listed in Appendix I to the Convention for which a reservation has been entered;

    (c) 

    any other species not listed in Appendices I or II to the Convention:

    (i) 

    which is subject to levels of international trade that might not be compatible:

    — 
    with its survival or with the survival of populations in certain countries, or
    — 
    with the maintenance of the total population at a level consistent with the role of the species in the ecosystems in which it occurs:

    or

    (ii) 

    whose listing in the Annex for reasons of similarity in appearance to other species listed in Annex A or Annex B, is essential in order to ensure the effectiveness of controls on trade in specimens of such species;

    (d) 

    species in relation to which it has been established that the introduction of live specimens into the natural habitat of the Community would constitute an ecological threat to wild species of fauna and flora indigenous to the Community.

    3.  Annex C shall contain:

    (a) 

    the species listed in Appendix III to the Convention, other than those listed in Annexes A or B, for which the Member States have not entered a reservation;

    (b) 

    the species listed in Appendix II to the Convention for which a reservation has been entered.

    4.  Annex D shall contain:

    (a) 

    species not listed in Annexes A to C which are imported into the Community in such numbers as to warrant monitoring;

    (b) 

    the species listed in Appendix III to the Convention for which a reservation has been entered.

    5.  Where the conservation status of species covered by this Regulation warrants their inclusion in one of the Appendices to the Convention, the Member States shall contribute to the necessary amendments.

    Article 4

    Introduction into the Community

    1.  The introduction into the Community of specimens of the species listed in Annex A shall be subject to completion of the necessary checks and the prior presentation, at the border customs office at the point of introduction, of an import permit issued by a management authority of the Member State of destination.

    The import permit may be issued only in accordance with the restrictions established pursuant to paragraph 6 and when the following conditions have been met:

    (a) 

    the competent scientific authority, after considering any opinion by the Scientific Review Group, has advised that the introduction into the Community:

    (i) 

    would not have a harmful effect on the conservation status of the species or on the extent of the territory occupied by the relevant population of the species;

    (ii) 

    is taking place:

    — 
    for one of the purposes referred to in Article 8(3)(e), (f) and (g), or
    — 
    for other purposes which are not detrimental to the survival of the species concerned;
    (b) 
    (i) 

    the applicant provides documentary evidence that the specimens have been obtained in accordance with the legislation on the protection of the species concerned which, in the case of import from a third country of specimens of a species listed in the Appendices to the Convention, shall be an export permit or re-export certificate, or copy thereof, issued in accordance with the Convention by a competent authority of the country of export or re-export;

    (ii) 

    however, the issuance of import permits for species listed in Annex A in accordance with Article 3(1)(a) shall not require such documentary evidence, but the original of any such import permit shall be withheld from the applicant pending presentation of the export permit or re-export certificate;

    (c) 

    the competent scientific authority is satisfied that the intended accommodation for a live specimen at the place of destination is adequately equipped to conserve and care for it properly;

    (d) 

    the management authority is satisfied that the specimen is not to be used for primarily commercial purposes;

    (e) 

    the management authority is satisfied, following consultation with the competent scientific authority, that there are no other factors relating to the conservation of the species which militate against issuance of the import permit; and

    (f) 

    in the case of introduction from the sea, the management authority is satisfied that any live specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.

    2.  The introduction into the Community of specimens of the species listed in Annex B shall be subject to completion of the necessary checks and the prior presentation, at the border customs office at the point of introduction, of an import permit issued by a management authority of the Member State of destination.

    The import permit may be issued only in accordance with the restrictions established pursuant to paragraph 6 and when:

    (a) 

    the competent scientific authority, after examining available data and considering any opinion from the Scientific Review Group, is of the opinion that the introduction into the Community would not have a harmful effect on the conservation status of the species or on the extent of the territory occupied by the relevant population of the species, taking account of the current or anticipated level of trade. This opinion shall be valid for subsequent imports as long as the abovementioned aspects have not changed significantly;

    (b) 

    the applicant provides documentary evidence that the intended accommodation for a live specimen at the place of destination is adequately equipped to conserve and care for it properly;

    (c) 

    the conditions referred to in paragraph 1(b)(i), (e) and (f) have been met.

    3.  The introduction into the Community of specimens of the species listed in Annex C shall be subject to completion of the necessary checks and the prior presentation, at the border customs office at the point of introduction, of an import notification and:

    (a) 

    in the case of export from a country mentioned in relation to the species concerned in Annex C, the applicant shall provide documentary evidence, by means of an export permit issued in accordance with the Convention by an authority of that country competent for the purpose, that the specimens have been obtained in accordance with the national legislation on the conservation of the species concerned; or

    (b) 

    in the case of export from a country not mentioned in relation to the species concerned in Annex C or re-export from any country, the applicant shall present an export permit, a re-export certificate or a certificate of origin issued in accordance with the Convention by an authority of the exporting or re-exporting country competent for the purpose.

    4.  The introduction into the Community of specimens of the species listed in Annex D shall be subject to completion of the necessary checks and the prior presentation of an import notification at the border customs office at the point of introduction.

    5.  The conditions for the issuance of an import permit as referred to in paragraph 1(a) and (d) and in paragraph 2(a), (b) and (c) shall not apply to specimens for which the applicant provides documentary evidence:

    (a) 

    that they had previously been legally introduced into or acquired in the Community and that they are, modified or not, being reintroduced into the Community; or

    (b) 

    that they are worked specimens that were acquired more than 50 years previously.

    ▼M14

    6.  In consultation with the countries of origin concerned, in accordance with the regulatory procedure referred to in Article 18(2) and taking account of any opinion from the Scientific Review Group, the Commission may establish general restrictions, or restrictions relating to certain countries of origin, on the introduction into the Community:

    ▼B

    (a) 

    on the basis of the conditions referred to in paragraph 1(a)(i) or (e), of specimens of species listed in Annex A;

    (b) 

    on the basis of the conditions referred to in paragraph 1(e) or paragraph 2(a), of specimens of species listed in Annex B; and

    (c) 

    of live specimens of species listed in Annex B which have a high mortality rate during shipment or for which it has been established that they are unlikely to survive in captivity for a considerable proportion of their potential life span; or

    (d) 

    of live specimens of species for which it has been established that their introduction into the natural environment of the Community presents an ecological threat to wild species of fauna and flora indigenous to the Community.

    The Commission shall on a quarterly basis publish a list of such restrictions, if any, in the Official Journal of the European Communities.

    ▼M14

    7.  Where special cases of transhipment, air transfer or rail transport occur following introduction into the Community, derogations from completion of the checks and presentations of import documents at the border customs office at the point of introduction which are referred to in paragraphs 1 to 4 shall be granted by the Commission in order to permit such checks and presentations to be made at another customs office designated in accordance with Article 12(1).

    Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).

    ▼B

    Article 5

    Export or re-export from the Community

    1.  The export or re-export from the Community of specimens of the species listed in Annex A shall be subject to completion of the necessary checks and the prior presentation, at the customs office at which the export formalities are completed, of an export permit or re-export certificate issued by a management authority of the Member State in which the specimens are located.

    2.  An export permit for specimens of the species listed in Annex A may be issued only when the following conditions have been met:

    (a) 

    the competent scientific authority has advised in writing that the capture or collection of the specimens in the wild or their export will not have a harmful effect on the conservation status of the species or on the extent of the territory occupied by the relevant population of the species;

    (b) 

    the applicant provides documentary evidence that the specimens have been obtained in accordance with the legislation in force on the protection of the species in question; where the application is made to a Member State other than the Member State of origin, such documentary evidence shall be furnished by means of a certificate stating that the specimen was taken from the wild in accordance with the legislation in force on its territory;

    (c) 

    the management authority is satisfied that:

    (i) 

    any live specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment; and

    (ii) 
    — 
    the specimens of species not listed in Annex I to the Convention will not be used for primarily commercial purposes, or
    — 
    in the case of export to a State party to the Convention of specimens of the species referred to in Article 3(1)(a) of this Regulation, an import permit has been issued;

    and

    (d) 

    the management authority of the Member State is satisfied, following consultation with the competent scientific authority, that there are no other factors relating to the conservation of the species which militate against issuance of the export permit.

    3.  A re-export certificate may be issued only when the conditions referred to in paragraph 2 (c) and (d) have been met and when the applicant provides documentary evidence that the specimens:

    (a) 

    were introduced into the Community in accordance with the provisions of this Regulation;

    (b) 

    if introduced into the Community before the entry into force of this Regulation, were introduced in accordance with the provisions of Regulation (EEC) No 3626/82; or

    (c) 

    if introduced into the Community before 1984, entered international trade in accordance with the provisions of the Convention; or

    (d) 

    were legally introduced into the territory of a Member State before the provisions of the Regulations referred to in (a) and (b) or of the Convention became applicable to them, or became applicable in that Member State.

    4.  The export or re-export from the Community of specimens of the species listed in Annexes B and C shall be subject to completion of the necessary checks and the prior presentation, at the customs office at which the export formalities are completed, of an export permit or re-export certificate issued by a management authority of the Member State in whose territory the specimens are located.

    An export permit may be issued only when the conditions referred to in paragraph 2 (a), (b), (c) (i) and (d) have been met.

    A re-export certificate may be issued only when the conditions referred to in paragraph 2 (c) (i) and (d) and in paragraph 3 (a) to (d) have been met.

    ▼M14

    5.  Where an application for a re-export certificate concerns specimens introduced into the Community under an import permit issued by another Member State, the management authority must first consult the management authority which issued the permit. The consultation procedures and the cases in which consultation is necessary shall be established by the Commission. Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).

    ▼B

    6.  The conditions for the issuance of an export permit or re-export certificate as referred to in paragraph 2 (a) and (c) (ii) shall not apply to:

    (i) 

    worked specimens that were acquired more than 50 years previously; or

    (ii) 

    dead specimens and parts and derivatives thereof for which the applicant provides documentary evidence that they were legally acquired before the provisions of this Regulation, or of Regulation (EEC) No 3626/82 or of the Convention became applicable to them.

    7.  

    (a) 

    The competent scientific authority in each Member State shall monitor the issuance of export permits by that Member State for specimens of species listed in Annex B and actual exports of such specimens. Whenever such scientific authority determines that the export of specimens of any such species should be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystem in which it occurs, and well above the level at which that species might become eligible for inclusion in Annex A in accordance with Article 3 (1) (a) or (b) (i), the scientific authority shall advise the competent management authority, in writing, of suitable measures to be taken to limit the issuance of export permits for specimens of that species

    ▼M14

    (b) 

    Whenever a management authority is advised of the measures referred to in (a), it shall inform and send comments to the Commission which shall, if appropriate, recommend restrictions on exports of the species concerned in accordance with the regulatory procedure referred to in Article 18(2).

    ▼B

    Article 6

    Rejection of applications for permits and certificates referred to in Articles 4, 5 and 10

    1.  When a Member State rejects an application for a permit or certificate in a case of significance in respect of the objectives of this Regulation, it shall immediately inform the Commission of the rejection and of the reasons for rejection.

    2.  The Commission shall communicate information received in accordance with paragraph 1 to the other Member States in order to ensure uniform application of this Regulation.

    3.  When an application is made for a permit or certificate relating to specimens for which such an application has previously been rejected, the applicant must inform the competent authority to which the application is submitted of the previous rejection.

    4.  

    (a) 

    Member States shall recognize the rejection of applications by the competent authorities of the other Member States, where such rejection is based on the provisions of this Regulation.

    (b) 

    However, this need not apply where the circumstances have significantly changed or where new evidence to support an application has become available. In such cases, if a management authority issues a permit or certificate, it shall inform the Commission thereof, stating the reasons for issuance.

    Article 7

    Derogations

    1.  Specimens born and bred in captivity or artificially propagated

    (a) 

    Save where Article 8 applies, specimens of species listed in Annex A that have been born and bred in captivity or artificially propagated shall be treated in accordance with the provisions applicable to specimens of species listed in Annex B.

    (b) 

    In the case of artificially propagated plants, the provisions of Articles 4 and 5 may be waived under special conditions laid down by the Commission, relating to:

    (i) 

    the use of phytosanitary certificates;

    (ii) 

    trade by registered commercial traders and by the scientific institutions referred to in paragraph 4 of this Article; and

    (iii) 

    trade in hybrids.

    ▼M14

    (c) 

    The criteria for determining whether a specimen has been born and bred in captivity or artificially propagated and whether for commercial purposes, as well as the special conditions referred to in (b), shall be specified by the Commission. Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).

    ▼B

    2.  Transit

    (a) 

    By way of derogation from Article 4, where a specimen is in transit through the Community, checks and presentation at the border customs office at the point of introduction of the prescribed permits, certificates and notifications shall not be required.

    (b) 

    In the case of species listed in the Annexes in accordance with Article 3 (1) and Article 3 (2) (a) and (b), the derogation referred to in (a) shall apply only where a valid export or re-export document provided for by the Convention, relating to the specimens that it accompanies and specifying the destination of the specimens, has been issued by the competent authorities of the exporting or re-exporting third country.

    ▼M14

    (c) 

    If the document referred to in (b) has not been issued before export or re-export, the specimen must be seized and may, where applicable, be confiscated unless the document is submitted retrospectively in compliance with the conditions specified by the Commission. Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).

    3.  Personal and household effects

    By way of derogation from Articles 4 and 5, the provisions therein shall not apply to dead specimens, parts and derivatives of species listed in Annexes A to D which are personal or household effects being introduced into the Community, or exported or re-exported therefrom, in compliance with provisions that shall be specified by the Commission. Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).

    4.  Scientific institutions

    The documents referred to in Articles 4, 5, 8 and 9 shall not be required in the case of non-commercial loans, donations and exchanges between scientists and scientific institutions, registered by the management authorities of the States in which they are located, of herbarium specimens and other preserved, dried or embedded museum specimens, and of live plant material, bearing a label, the model for which has been determined in accordance with the regulatory procedure referred to in Article 18(2) or a similar label issued or approved by a management authority of a third country.

    ▼B

    Article 8

    Provisions relating to the control of commercial activities

    1.  The purchase, offer to purchase, acquisition for commercial purposes, display to the public for commercial purposes, use for commercial gain and sale, keeping for sale, offering for sale or transporting for sale of specimens of the species listed in Annex A shall be prohibited.

    2.  Member States may prohibit the holding of specimens, in particular live animals of the species listed in Annex A.

    3.  In accordance with the requirements of other Community legislation on the conservation of wild fauna and flora, exemption from the prohibitions referred to in paragraph 1 may be granted by issuance of a certificate to that effect by a management authority of the Member State in which the specimens are located, on a case-by-case basis where the specimens:

    (a) 

    were acquired in, or were introduced into, the Community before the provisions relating to species listed in Appendix I to the Convention or in Annex C1 to Regulation (EEC) No 3626/82 or in Annex A became applicable to the specimens; or

    (b) 

    are worked specimens that were acquired more than 50 years previously; or

    (c) 

    were introduced into the Community in compliance with the provisions of this Regulation and are to be used for purposes which are not detrimental to the survival of the species concerned; or

    (d) 

    are captive-born and bred specimens of an animal species or artificially propagated specimens of a plant species or are parts or derivatives of such specimens; or

    (e) 

    are required under exceptional circumstances for the advancement of science or for essential biomedical purposes pursuant to Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes ( 1 ) where the species in question proves to be the only one suitable for those purposes and where there are no specimens of the species which have been born and bred in captivity; or

    (f) 

    are intended for breeding or propagation purposes from which conservation benefits will accrue to the species concerned; or

    (g) 

    are intended for research or education aimed at the preservation or conservation of the species; or

    (h) 

    originate in a Member State and were taken from the wild in accordance with the legislation in force in that Member State.

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    4.  General derogations from the prohibitions referred to in paragraph 1 based on the conditions referred to in paragraph 3, as well as general derogations with regard to species listed in Annex A in accordance with point (ii) of Article 3(1)(b) may be defined by the Commission. Any such derogations must be in accordance with the requirements of other Community legislation on the conservation of wild fauna and flora. Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).

    ▼B

    5.  The prohibitions referred to in paragraph 1 shall also apply to specimens of the species listed in Annex B except where it can be proved to the satisfaction of the competent authority of the Member State concerned that such specimens were acquired and, if they originated outside the Community, were introduced into it, in accordance with the legislation in force for the conservation of wild fauna and flora.

    6.  The competent authorities of the Member States shall have discretion to sell any specimen of the species listed in Annexes B to D they have confiscated under this Regulation, provided that it is not thus returned directly to the person or entity from whom it was confiscated or who was party to the offence. Such specimens may then be treated for all purposes as if they had been legally acquired.

    Article 9

    Movement of live specimens

    1.  Any movement within the Community of a live specimen of a species listed in Annex A from the location indicated in the import permit or in any certificate issued in compliance with this Regulation shall require prior authorization from a management authority of the Member State in which the specimen is located. In other cases of movement, the person responsible for moving the specimen must be able, where applicable, to provide proof of the legal origin of the specimen.

    2.  Such authorization shall:

    (a) 

    be granted only when the competent scientific authority of such Member State or, where the movement is to another Member State, the competent scientific authority of the latter, is satisfied that the intended accommodation for a live specimen at the place of destination is adequately equipped to conserve and care for it properly;

    (b) 

    be confirmed by issuance of a certificate; and

    (c) 

    where applicable, be immediately communicated to a management authority of the Member State in which the specimen is to be located.

    3.  However, no such authorization shall be required if a live animal must be moved for the purpose of urgent veterinary treatment and is returned directly to its authorized location.

    4.  Where a live specimen of a species listed in Annex B is moved within the Community, the holder of the specimen may relinquish it only after ensuring that the intended recipient is adequately informed of the accommodation, equipment and practices required to ensure the specimen will be properly cared for.

    5.  When any live specimens are transported into, from or within the Community or are held during any period of transit or transhipment, they shall be prepared, moved and cared for in a manner such as to minimize the risk of injury, damage to health or cruel treatment and, in the case of animals, in conformity with Community legislation on the protection of animals during transport.

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    6.  The Commission may establish restrictions on the holding or movement of live specimens of such species in relation to which restrictions on introduction into the Community have been established in accordance with Article 4(6). Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).

    ▼B

    Article 10

    Certificates to be issued

    On receiving an application, together with all the requisite supporting documents, from the person concerned and provided that all the conditions governing their issuance have been fulfilled, a management authority of a Member State may issue a certificate for the purposes referred to in Article 5 (2) (b), 5 (3) and (4), Article 8 (3) and Article 9 (2) (b).

    Article 11

    Validity of and special conditions for permits and certificates

    1.  Without prejudice to stricter measures which the Member States may adopt or maintain, permits and certificates issued by the competent authorities of the Member States in accordance with this Regulation shall be valid throughout the Community.

    2.  

    (a) 

    However, any such permit or certificate, as well as any permit or certificate issued on the basis of it, shall be deemed void if a competent authority or the Commission, in consultation with the competent authority which issued the permit or certificate, establishes that it was issued on the false premise that the conditions for its issuance were met.

    (b) 

    Specimens situated in the territory of a Member State and covered by such documents shall be seized by the competent authorities of that Member State and may be confiscated.

    3.  Any permit or certificate issued in accordance with this Regulation may stipulate conditions and requirements imposed by the issuing authority to ensure compliance with the provisions thereof. Where such conditions or requirements need to be incorporated in the design of permits or certificates, Member States shall inform the Commission thereof.

    4.  Any import permit issued on the basis of a copy of the corresponding export permit or re-export certificate shall be valid for the introduction of specimens into the Community only when accompanied by the original of the valid export permit or re-export certificate.

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    5.  The Commission shall establish time limits for the issuance of permits and certificates. Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).

    ▼B

    Article 12

    Places of introduction and export

    1.  Member States shall designate customs offices for carrying out the checks and formalities for the introduction into and export from the Community, in order to assign to them a customs-approved treatment or use, within the meaning of Regulation (EEC) No 2913/92, of specimens of species covered by this Regulation and shall state which offices are specifically intended to deal with live specimens.

    2.  All offices designated in accordance with paragraph 1 shall be provided with sufficient and adequately trained staff. Member States shall ensure that accommodation is provided in accordance with relevant Community legislation as regards the transport and accommodation of live animals and that, where necessary, adequate steps are taken for live plants.

    3.  All offices designated in accordance with paragraph 1 shall be notified to the Commission which shall publish a list of them in the Official Journal of the European Communities.

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    4.  In exceptional cases and in accordance with the criteria defined by the Commission, a management authority may authorise the introduction into the Community or the export or re-export therefrom at a customs office other than one designated in accordance with paragraph 1. Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).

    ▼B

    5.  Member States shall ensure that at border crossing-points the public are informed of the implementing provisions of this Regulation.

    Article 13

    Management and scientific authorities and other competent authorities

    1.  

    (a) 

    Each Member State shall designate a management authority with primary responsibility for implementation of this Regulation and for communication with the Commission:

    (b) 

    Each Member State may also designate additional management authorities and other competent authorities to assist in implementation, in which case the primary management authority shall be responsible for providing the additional authorities with all the information required for correct application of this Regulation.

    2.  Each Member State shall designate one or more scientific authorities with appropriate qualifications whose duties shall be separate from those of any designated management authority.

    3.  

    (a) 

    Not later than three months before the date of application of this Regulation, Member States shall forward the names and addresses of the designated management authorities, other authorities competent to issue permits or certificates and scientific authorities to the Commission, which shall publish this information in the Official Journal of the European Communities within a month.

    (b) 

    Each management authority referred to in paragraph 1 (a) shall, if so requested by the Commission, communicate to it within two months the names and specimen signatures of people authorized to sign permits or certificates, and impressions of the stamps, seals or other devices used to authenticate permits or certificates.

    (c) 

    Member States shall communicate to the Commission any changes in the information already provided, not later than two months after the implementation of such change.

    Article 14

    Monitoring of compliance and investigation of infringements

    1.  

    (a) 

    The competent authorities of the Member States shall monitor compliance with the provisions of this Regulation.

    (b) 

    If, at any time, the competent authorities have reason to believe that these provisions are being infringed, they shall take the appropriate steps to ensure compliance or to instigate legal action.

    (c) 

    Member States shall inform the Commission and, in the case of species listed in the Appendices to the Convention, the Convention Secretariat of any steps taken by the competent authorities in relation to significant infringements of this Regulation, including seizures and confiscations.

    2.  The Commission shall draw the attention of the competent authorities of the Member States to matters whose investigation it considers necessary under this Regulation. Member States shall inform the Commission and, in the case of species listed in the Appendices to the Convention, the Convention Secretariat of the outcome of any subsequent investigation.

    3.  

    (a) 

    An enforcement group shall be established consisting of the representatives of each Member State's authorities with responsibility for ensuring the implementation of the provisions of this Regulation. The group shall be chaired by the representative of the Commission.

    (b) 

    The enforcement group shall examine any technical question relating to the enforcement of this Regulation raised by the chairman, either on his own initiative or at the request of the members of the group or the committee.

    (c) 

    The Commission shall convey the opinions expressed in the enforcement group to the committee.

    Article 15

    Communication of information

    1.  The Member States and the Commission shall communicate to one another the information necessary for implementing this Regulation.

    The Member States and the Commission shall ensure that the necessary steps are taken to make the public aware and inform it of the provisions regarding implementation of the Convention and of this Regulation and of the latter's implementing measures.

    2.  The Commission shall communicate with the Convention Secretariat so as to ensure that the Convention is effectively implemented throughout the territory to which this Regulation applies.

    3.  The Commission shall immediately communicate any advice from the Scientific Review Group to the management authorities of the Member States concerned.

    4.  

    (a) 

    The management authorities of the Member States shall communicate to the Commission before 15 June each year all the information relating to the preceding year required for drawing up the reports referred to in Article VIII.7 (a) of the Convention and equivalent information on international trade in all specimens of species listed in Annexes A, B and C and on introduction into the Community of specimens of species listed in Annex D. ►M14  The information to be communicated and the format for its presentation shall be specified by the Commission in accordance with the regulatory procedure referred to in Article 18(2). ◄

    ▼M23

    (b) 

    On the basis of the information submitted by the Member States referred to in point (a), the Commission services shall make publicly available, before 31 October each year a Union-wide overview on the introduction into, and the export and re-export from, the Union of specimens of the species to which this Regulation applies and shall forward to the Convention Secretariat information on the species to which the Convention applies.

    (c) 

    Without prejudice to Article 20 of this Regulation, the management authorities of the Member States shall, one year before each meeting of the Conference of the Parties to the Convention, communicate to the Commission all the information relating to the relevant preceding period required for drawing up the reports referred to in Article VIII.7 (b) of the Convention and equivalent information on the provisions of this Regulation that fall outside the scope of the Convention. The format for its presentation shall be specified by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2) of this Regulation.

    (d) 

    On the basis of the information submitted by the Member States referred to in point (c), the Commission shall make publicly available a Union-wide overview on the implementation and enforcement of this Regulation.

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    (e) 

    The management authorities of the Member States shall communicate to the Commission before 15 June each year all the information relating to the preceding year for drawing up the annual illegal trade report referred to in CITES Resolution Conf. 11.17 (rev. CoP17).

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    5.  With a view to the preparation of amendments to the Annexes, the competent authorities of the Member States shall forward all relevant information to the Commission. The Commission shall specify the information required, in accordance with the regulatory procedure referred to in Article 18(2).

    ▼B

    ►C1  6.  Without prejudice to Council Directive 90/313/EEC ◄ of 7 June 1990 on the freedom of access to information on the environment ( 2 ), the Commission shall take appropriate measures to protect the confidentiality of information obtained in implementation of this Regulation.

    Article 16

    Sanctions

    1.  Member States shall take appropriate measures to ensure the imposition of sanctions for at least the following infringements of this Regulation:

    (a) 

    introduction into, or export or re-export from, the Community of specimens without the appropriate permit or certificate or with a false, falsified or invalid permit or certificate or one altered without authorization by the issuing authority;

    (b) 

    failure to comply with the stipulations specified on a permit or certificate issued in accordance with this Regulation;

    (c) 

    making a false declaration or knowingly providing false information in order to obtain a permit or certificate;

    (d) 

    using a false, falsified or invalid permit or certificate or one altered without authorization as a basis for obtaining a Community permit or certificate or for any other official purpose in connection with this Regulation;

    (e) 

    making no import notification or a false import notification;

    (f) 

    shipment of live specimens not properly prepared so as to minimize the risk of injury, damage to health or cruel treatment;

    (g) 

    use of specimens of species listed in Annex A other than in accordance with the authorization given at the time of issuance of the import permit or subsequently;

    (h) 

    trade in artificially propagated plants contrary to the provisions laid down in accordance with Article 7(1)(b);

    (i) 

    shipment of specimens into or out of or in transit through the territory of the Community without the appropriate permit or certificate issued in accordance with this Regulation and, in the case of export or re-export from a third country party to the Convention, in accordance therewith, or without satisfactory proof of the existence of such permit or certificate;

    (j) 

    purchase, offer to purchase, acquisition for commercial purposes, use for commercial gain, display to the public for commercial purposes, sale, keeping for sale, offering for sale or transporting for sale of specimens in contravention of Article 8;

    (k) 

    use of a permit or certificate for any specimen other than one for which it was issued;

    (l) 

    falsification or alteration of any permit or certificate issued in accordance with this Regualation;

    (m) 

    failure to disclose rejection of an application for a Community import, export or re-export permit or certificate, in accordance with Article 6 (3).

    2.  The measures referred to in paragraph 1 shall be appropriate to the nature and gravity of the infringement and shall include provisions relating to the seizure and, where appropriate, confiscation of specimens.

    3.  Where a specimen is confiscated, it shall be entrusted to a competent authority of the Member State of confiscation which:

    (a) 

    following consultation with a scientific authority of that Member State, shall place or otherwise dispose of the specimen under conditions which it deems to be appropriate and consistent with the purposes and provisions of the Convention and this Regulation; and

    (b) 

    in the case of a live specimen which has been introduced into the Community, may, after consultation with the State of export, return the specimen to that State at the expense of the convicted person.

    4.  Where a live specimen of a species listed in Annex B or C arrives at a point of introduction into the Community without the appropriate valid permit or certificate, the specimen must be seized and may be confiscated or, if the consignee refuses to acknowledge the specimen, the competent authorities of the Member State responsible for the point of introduction may, if appropriate, refuse to accept the shipment and require the carrier to return the specimen to its place of departure.

    Article 17

    The Scientific Review Group

    1.  A Scientific Review Group is hereby established, consisting of the representatives of each Member State's scientific authority or authorities and chaired by the representative of the Commission.

    2.  

    (a) 

    The Scientific Review Group shall examine any scientific question relating to the application of this Regulation — in particular concerning Article 4 (1) (a), (2) (a) and (6) — raised by the chairman, either on his own initiative or at the request of the members of the Group or the Committee.

    (b) 

    The Commission shall convey the opinions of the Scientific Review Group to the Committee.

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    Article 18

    1.  The Commission shall be assisted by a committee.

    2.  Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC ( 3 ) shall apply, having regard to the provisions of Article 8 thereof.

    The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. As regards the Committee's tasks referred to in points 1 and 2 of Article 19, if, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.

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    3.  Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

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    4.  Where reference is made to this paragraph, Article 5a(1) to (4) and (5)(b) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

    The time limits laid down in Article 5a(3)(c) and (4)(b) and (e) of Decision 1999/468/EC shall be set at one month, one month and two months respectively.

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    Article 19

    1.  In accordance with the regulatory procedure referred to in Article 18(2), the Commission shall adopt the measures referred to in Article 4(6), Article 5(7)(b), Article 7(4), Article 15(4)(a) and (c), Article 15(5) and Article 21(3).

    The Commission shall determine the design of the documents referred to in Articles 4, 5, 7(4) and 10 in accordance with the regulatory procedure referred to in Article 18(2).

    2.  The Commission shall adopt the measures referred to in Article 4(7), Article 5(5), Article 7(1)(c), (2)(c) and (3), Article 8(4), Article 9(6), Article 11(5) and Article 12(4). Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).

    3.  The Commission shall lay down uniform conditions and criteria for:

    (a) 

    the issue, validity and use of the documents referred to in Articles 4, 5, 7(4) and 10;

    (b) 

    the use of phytosanitary certificates referred to in Article 7(1)(b)(i);

    (c) 

    the establishment of procedures, where necessary, for marking specimens in order to facilitate identification and ensure enforcement of the provisions.

    Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).

    4.  The Commission shall adopt, where necessary, additional measures to implement resolutions of the Conference of the Parties to the Convention, decisions or recommendations of the Standing Committee of the Convention and recommendations of the Convention Secretariat. Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).

    5.  The Commission shall amend Annexes A to D except in the case of amendments to Annex A which do not result from decisions of the Conference of the Parties to the Convention. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(4).

    ▼B

    Article 20

    Final provisions

    Each Member State shall notify the Commission and the Convention Secretariat of the provisions which it adopts specifically for the implementation of this Regulation and of all legal instruments used and measures taken for its implementation and enforcement.

    The Commission shall communicate this information to the other Member States.

    Article 21

    1.  Regulation (EEC) No 3626/82 is hereby repealed.

    2.  Until the measures provided for in points 1 and 2 of Article 19 have been adopted, Member States may maintain or continue to apply the measures adopted in accordance with Regulation (EEC) No 3626/82 and Commission Regulation (EEC) No 3418/83 of 28 November 1983 laying down provisions for the uniform issue and use of the documents required for the implementation in the Community of the Convention on International Trade in Endangered Species of Wild Fauna and Flora ( 4 ).

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    3.  Two months before this Regulation is implemented the Commission, in accordance with the regulatory procedure referred to in Article 18(2) and in consultation with the Scientific Review Group:

    ▼B

    (a) 

    must check that there is no justification for restrictions on the introduction into the Community of the species listed in Annex C1 to Regulation (EEC) No 3626/82 which are not included in Annex A to this Regulation;

    (b) 

    shall adopt a Regulation amending Annex D into a representative list of species meeting the criteria laid down in Article 3 (4) (a).

    Article 22

    This Regulation shall enter into force on the date of its publication in the Official Journal of the European Communities.

    It shall apply from 1 June 1997.

    Articles 12, 13, 14 (3), 116, 17, 18, 19 and 21(3) shall apply from the date of entry into force of this Regulation.

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

    ▼M24




    ANNEX

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

    1. Species included in 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 Directive 2009/147/EC of the European Parliament and of the Council ( 5 ) or Council Directive 92/43/EEC ( 6 ).

    5. 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.

    6. The symbols ‘(I)’, ‘(II)’ and ‘(III)’ placed against the name of a species or higher taxon refer to the Appendices to the Convention in which the species concerned are listed as indicated in notes 7, 8 and 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. ‘Cultivar’ means, following the definition of the 8th edition of the International Code of Nomenclature for Cultivated Plants, an assemblage of plants that (a) has been selected for a particular character or combination of characters, (b) is distinct, uniform, and stable in these characters, and (c) when propagated by appropriate means, retains those characters. No new taxon of a cultivar can be regarded as such until its category name and circumscription has been formally published in the latest edition of the International Code of Nomenclature for Cultivated Plants.

    11. 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 this Regulation just as if they were full species, even if the hybrid concerned is not specifically included in the Annexes.

    12. When a species is included in Annex A, B or C, the whole animal or plant, whether alive or dead, and all parts and derivatives thereof are also included. Regarding animal species listed in Annex C and plant species listed in Annex 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), 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 this Regulation as follows:

    #1 

    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.

    #2 

    Designates all parts and derivatives, except:

    (a) 

    seeds and pollen; and

    (b) 

    finished products packaged and ready for retail trade.

    #3 

    Designates whole and sliced roots and parts of roots, excluding manufactured parts or derivatives, such as powders, pills, extracts, tonics, teas and confectionery.

    #4 

    Designates all parts and derivatives, except:

    (a) 

    seeds (including seedpods of Orchidaceae), spores and pollen (including pollinia). The exemption does not apply to seeds from Cactaceae spp. exported from Mexico, and to seeds from Beccariophoenix madagascariensis and Dypsis decaryi exported from Madagascar;

    (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 naturalized or artificially propagated plants of the genus Vanilla (Orchidaceae) and of the family Cactaceae;

    (e) 

    stems, flowers, and parts and derivatives thereof of naturalized or artificially propagated plants of the genera Opuntia subgenus Opuntia and Selenicereus (Cactaceae); and

    (f) 

    finished products of Aloe ferox and Euphorbia antisyphilitica packaged and ready for retail trade.

    #5 

    Designates logs, sawn wood and veneer sheets.

    #6 

    Designates logs, sawn wood, veneer sheets and plywood.

    #7 

    Designates logs, wood-chips, powder and extracts.

    #8 

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

    #9 

    Designates all parts and derivatives, except those bearing a label ‘Produced from Hoodia spp. material obtained through controlled harvesting and production under the terms of an agreement with the relevant CITES Management Authority of [Botswana under agreement No. BW/xxxxxx] [Namibia under agreement No. NA/xxxxxx] [South Africa under agreement No. 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. Finished products containing such extracts as ingredients, including fragrances, are not considered to be covered by this annotation.

    #12 

    Designates logs, sawn wood, veneer sheets, plywood and extracts. Finished products containing such extracts as ingredients, including fragrances, are not considered to be covered by this annotation.

    #13 

    Designates the kernel (also known as ‘endosperm’, ‘pulp’ or ‘copra’) and any derivative thereof.

    #14 

    Designates all parts and derivatives, except:

    (a) 

    seeds and pollen;

    (b) 

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

    (c) 

    fruits;

    (d) 

    leaves;

    (e) 

    exhausted agarwood powder, including compressed powder in all shapes; and

    (f) 

    finished products packaged and ready for retail trade, this exemption does not apply to wood chips, beads, prayer beads and carvings.

    #15 

    Designates all parts and derivatives, except:

    (a) 

    leaves, flowers, pollen, fruits, and seeds;

    (b) 

    finished products to a maximum weight of wood of the listed species of up to 10 kg per shipment;

    (c) 

    finished musical instruments, finished musical instrument parts and finished musical instrument accessories;

    (d) 

    parts and derivatives of Dalbergia cochinchinensis which are covered by Annotation #4;

    (e) 

    parts and derivatives of Dalbergia spp. originating and exported from Mexico which are covered by Annotation #6;

    #16 

    Designates seeds, fruits, and oils;

    #17 

    Logs, sawn wood, veener sheets, plywood and transformed wood.

    13. The terms and expressions below, used in annotations in these Annexes, are defined as follows:

    Extract

    Any substance obtained directly from plant material by physical or chemical means regardless of the manufacturing process. An extract may be solid (e.g. crystals, resin, fine or coarse particles), semisolid (e.g. gums, waxes) or liquid (e.g. solutions, tinctures, oil and essential oils).

    Finished musical instruments

    A musical instrument (as referenced by the Harmonized System of the World Customs Organization, Chapter 92; musical instruments, parts and accessories of such articles) that is ready to play or needs only the installation of parts to make it playable. This term includes antique instruments (as defined by the Harmonized System codes 97.05 and 97.06; Works of art, collectors’ pieces and antiques).

    Finished musical instrument accessories

    A musical instrument accessory (as referenced by the Harmonized System of the World Customs Organization, Chapter 92; musical instruments, parts and accessories of such articles) that is separate from the musical instrument, and is specifically designed or shaped to be used explicitly in association with an instrument, and that requires no further modification to be used.

    Finished musical instrument parts

    A part (as referenced by the Harmonized System of the World Customs Organization, Chapter 92; musical instruments, parts and accessories of such articles) of a musical instrument that is ready to install and is specifically designed and shaped to be used explicitly in association with the instrument to make it playable.

    Finished products packaged and ready for retail trade

    Products, shipped singly or in bulk, requiring no further processing, packaged, labelled for final use or the retail trade in a state fit for being sold to or used by the general public.

    Powder

    A dry, solid substance in the form of fine or coarse particles

    Shipment

    Cargo transported under the terms of a single bill of lading or air waybill, irrespective of the quantity or number of containers or packages; or pieces worn, carried or included in personal baggage.

    10 kg per shipment

    For the term ‘10 kg per shipment’, the 10 kg limit should be interpreted as referring to the weight of the individual portions of each item in the shipment made of wood of the species concerned. In other words, the 10 kg limit is to be assessed against the weight of the individual portions of wood of Dalbergia/Guibourtia species contained in each item of the shipment, rather than against the total weight of the shipment.

    Transformed wood

    Defined by Harmonized System code 44.09. Wood (including strips, friezes for parquet flooring, not assembled), continuously shaped (tongued, grooved, v-jointed, beaded or the like) along any edges, ends or faces, whether or not planed, sanded or end-jointed.

    Woodchips

    Wood that has been reduced to small pieces.

    14. 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 Article 4(1), 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 this Regulation.

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

    16. In respect of fauna species listed in Annex D, this Regulation 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.

    17. In respect of flora species listed in Annex D, this Regulation 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

     

    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/Pakistan)

    Blackbuck

     

    Bos gaurus (I) (Excludes the domesticated form referenced as Bos frontalis which is not subject to this Regulation)

     

     

    Gaur

     

    Bos mutus (I) (Excludes the domesticated form referenced as Bos grunniens which is not subject to this Regulation)

     

     

    Wild yak

     

    Bos sauveli (I)

     

     

    Kouprey

     

     

     

    Boselaphus tragocamelus (III Pakistan)

    Nilgai

     

     

     

    Bubalus arnee (III Nepal) (Excludes the domesticated form referenced as Bubalus bubalis, which is not subject to 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

     

     

    Capra caucasica (II)

     

    Caucasian Tur

     

     

     

    Capra hircus aegagrus (III Pakistan) (Specimens of the domesticated form are not subject to this Regulation)

    Wild goat

     

     

     

    Capra sibirica (III Pakistan)

    Siberian Ibex

     

    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 bennettii (III Pakistan)

    Chinkara

     

    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)

     

    Altai argali

     

     

    Ovis arabica (II)

     

    Arabian wild sheep

     

     

    Ovis bochariensis (II)

     

    Bukhara urial

     

     

    Ovis canadensis (II) (Only the population of Mexico; no other population is included in the Annexes to this Regulation)

     

    Mexican bighorn sheep

     

     

    Ovis collium (II) (*1)

     

    Kazakhstan argali

     

     

    Ovis cycloceros (II)

     

    Afghan urial

     

     

    Ovis darwini (II) (*1)

     

    Gobi argali

     

    Ovis gmelini (I) (population of Cyprus)

     

     

    Anatolian sheep

     

    Ovis hodgsonii (I)

     

     

    Tibetan argali

     

     

    Ovis jubata (II) (*1)

     

    Shansi argali

     

     

    Ovis karelini (II) (*1)

     

    Tianshan argali

     

    Ovis nigrimontana (I)

     

     

    Karatau argali

     

     

    Ovis polii (II) (*1)

     

    Marco Polo argali

     

     

    Ovis punjabiensis (II)

     

    Punjab urial

     

     

    Ovis severtzovi (II) (*1)

     

    Severtzov’s agali

     

    Ovis vignei (I)

     

     

    Ladakh urial

     

    Pantholops hodgsonii (I)

     

     

    Chiru

     

     

    Philantomba monticola (II)

     

    Blue duiker

     

     

     

    Pseudois nayaur (III Pakistan)

    Bharal

     

    Pseudoryx nghetinhensis (I)

     

     

    Saola

     

    Rupicapra pyrenaica ornata (II)

     

     

    Abruzzo chamois

     

     

    Saiga borealis (II) (A zero export quota for wild specimens traded for commercial purposes)

     

    Mongolian saiga

     

     

    Saiga tatarica (II) (A zero export quota for wild specimens traded for commercial purposes)

     

    Steppe saiga

     

     

     

    Tetracerus quadricornis (III Nepal)

    Four-horned antelope

    Camelidae

     

     

     

    Camels, guanaco, vicuña

     

     

    Lama guanicoe (II)

     

    Guanaco

     

    Vicugna vicugna (I) (Except for the populations of: Argentina [the populations of the Provinces of Jujuy, Catamarca and Salta, and the semi-captive populations of the Provinces of Jujuy, Salta, Catamarca, La Rioja and San Juan]; Bolivia [the whole population]; Chile [populations of the region of Tarapacá and of the region of Arica and Parinacota]; Ecuador [the whole population] and Peru [the whole population]; which are included in Annex B)

    Vicugna vicugna (II) (Only the populations of Argentina [the populations of the Provinces of Jujuy, Catamarca and Salta, and the semi-captive populations of the Provinces of Jujuy, Salta, Catamarca, La Rioja and San Juan]; Bolivia [the whole population]; Chile [populations of the region of Tarapacá and of the region of Arica and Parinacota]; Ecuador [the whole population] and Peru [the whole population]; all other populations are included in Annex A) (1)

     

    Vicuña

    Cervidae

     

     

     

    Deer, huemuls, muntjacs, pudus

     

    Axis calamianensis (I)

     

     

    Calamian deer

     

    Axis kuhlii (I)

     

     

    Bawean deer

     

     

     

    Axis porcinus (III Pakistan (Except for the subspecies included in Annex A))

    Hog 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

    Giraffidae

     

    Giraffa camelopardalis (II)

     

    Giraffes

    Giraffe

    Hippopotamidae

     

     

     

    Hippopotamuses

     

     

    Hexaprotodon liberiensis (II)

     

    Pygmy hippopotamus

     

     

    Hippopotamus amphibius (II)

     

    Common hippopotamus

    Moschidae

     

     

     

    Musk deer

     

    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. Excludes the domesticated form and the dingo which are referenced as Canis lupus familiaris and Canis lupus dingo)

    Canis lupus (II) (Populations of Spain north of the Duero and Greece north of the 39th parallel.Excludes the domesticated form and the dingo which are referenced as Canis lupus familiaris and Canis lupus dingo)

     

    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 this Regulation. For Panthera leo (African populations): A zero annual export quota is established for specimens of bones, bone pieces, bone products, claws, skeletons, skulls and teeth removed from the wild and traded for commercial purposes.

    Annual export quotas for trade in bones, bone pieces, bone products, claws, skeletons, skulls and teeth for commercial purposes, derived from captive breeding operations in South Africa, will be established and communicated annually to the CITES Secretariat.)

     

    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 Article 4(1))

     

     

    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

     

    Herpailurus yagouaroundi (I) (Only the populations of Central and North America; all other populations are included in Annex B)

     

     

    Jaguarundi

     

    Leopardus geoffroyi (I)

     

     

    Geoffroy’s cat

     

    Leopardus guttulus (I)

     

     

    Southern tigrina

     

    Leopardus jacobita (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 diardi (I)

     

     

    Sunda clouded leopard

     

    Neofelis nebulosa (I)

     

     

    Mainland clouded leopard

     

    Panthera leo (I) (Only the populations of India; all other populations are included in Annex B)

     

     

    Asiatic lion

     

    Panthera onca (I)

     

     

    Jaguar

     

    Panthera pardus (I)

     

     

    Leopard

     

    Panthera tigris (I)

     

     

    Tiger

     

    Panthera uncia (I)

     

     

    Snow leopard

     

    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 (I) (Only the populations of Costa Rica and Panama; all other populations are included in Annex B)

     

     

    Costa Rican cougar

    Herpestidae

     

     

     

    Mongooses

     

     

     

    Herpestes edwardsi (III India/Pakistan)

    Indian grey mongoose

     

     

     

    Herpestes fuscus (III India)

    Indian brown mongoose

     

     

     

    Herpestes javanicus (III Pakistan)

    Small Asian 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

     

     

     

    Hyaena hyaena (III Pakistan)

    Striped hyena

     

     

     

    Proteles cristata (III Botswana)

    Aardwolf

    Mephitidae

     

     

     

    Skunks

     

     

    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

     

    Aonyx cinerea (I)

     

     

    Small-clawed 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

     

    Lutrogale perspicillata (I)

     

     

    Smooth-coated otter

     

    Pteronura brasiliensis (I)

     

     

    Giant otter

    Mustelinae

     

     

     

    Grisons, martens, tayra, weasels

     

     

     

    Eira barbara (III Honduras)

    Tayra

     

     

     

    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

     

     

    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

     

     

     

    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 spp. (I/II) (2)

     

     

    Cetaceans

    CHIROPTERA

     

     

     

     

    Phyllostomidae

     

     

     

    Broad-nosed bats

     

     

     

    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 and except for Pteropus brunneus.)

     

    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 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

    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

    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

    Vombatidae

     

     

     

    Wombats

     

    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

     

     

    Zaglossus spp. (II)

     

    Long-beaked echidnas

    PERAMELEMORPHIA

     

     

     

     

    Peramelidae

     

     

     

     

     

    Perameles bougainville (I)

     

     

    Western barred bandicoot

    Thylacomyidae

     

     

     

     

     

    Macrotis lagotis (I)

     

     

    Greater bilby

    PERISSODACTYLA

     

     

     

     

    Equidae

     

     

     

    Horses, wild asses, zebras

     

    Equus africanus (I) (Excludes the domesticated form referenced as Equus asinus, which is not subject to 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 (II)

     

    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 Eswatini and South Africa; 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

     

     

    Manis spp. (II)

    (Except for the species included in Annex A)

     

    Pangolins

     

    Manis crassicaudata (I)

     

     

    Indian pangolin

     

    Manis culionensis (I)

     

     

    Philippine pangolin

     

    Manis gigantea (I)

     

     

    Giant pangolin

     

    Manis javanica (I)

     

     

    Sunda pangolin

     

    Manis pentadactyla (I)

     

     

    Chinese pangolin

     

    Manis temminckii (I)

     

     

    Ground pangolin

     

    Manis tetradactyla (I)

     

     

    Long-tailed pangolin

     

    Manis tricuspis (I)

     

     

    Tree pangolin

    PILOSA

     

     

     

     

    Bradypodidae

     

     

     

    Three-toed sloths

     

     

    Bradypus pygmaeus (II)

     

    Pygmy tree-toed sloth

     

     

    Bradypus variegatus (II)

     

    Brown-throated sloth

    Myrmecophagidae

     

     

     

    American anteaters

     

     

    Myrmecophaga tridactyla (II)

     

    Giant anteater

     

     

     

    Tamandua mexicana (III Guatemala)

    Northern tamandua

    PRIMATES

     

     

     

    Primates (apes and monkeys)

     

     

    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 ornatus (I)

     

     

    Red spider monkey

     

    Brachyteles arachnoides (I)

     

     

    Southern muriqui

     

    Brachyteles hypoxanthus (I)

     

     

    Northern muriqui

     

    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)

     

     

    Martins’ bare-face tamarin

     

    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

     

    Macaca sylvanus (I)

     

     

    Barbary 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 spp. (I)

     

     

    Dwarf lemurs and mouse lemurs

    Daubentoniidae

     

     

     

    Aye-aye

     

    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 spp. (I)

     

     

    Gibbons

    Indriidae

     

     

     

    Indri, sifakas and woolly lemurs

     

    Indriidae spp. (I)

     

     

    Indri, sifakas and woolly lemurs

    Lemuridae

     

     

     

    Large lemurs

     

    Lemuridae spp. (I)

     

     

    Large lemurs

    Lepilemuridae

     

     

     

    Sportive lemurs

     

    Lepilemuridae spp. (I)

     

     

    Sportive lemurs

    Lorisidae

     

     

     

    Lorises

     

    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

     

    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 (3); all other populations are included in Annex A)

     

    African elephant

    RODENTIA

     

     

     

     

    Chinchillidae

     

     

     

    Chinchillas

     

    Chinchilla spp. (I) (Specimens of the domesticated form are not subject to this Regulation)

     

     

    Chinchillas

    Cuniculidae

     

     

     

    Pacas

     

     

     

    Cuniculus paca (III Honduras)

    Lowland paca

    Dasyproctidae

     

     

     

    Agoutis

     

     

     

    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

     

    Hystrix cristata

     

     

    Crested porcupine

    Muridae

     

     

     

    Mice, rats

     

     

    Leporillus conditor (II)

     

    Greater stick-nest rat

     

     

    Pseudomys fieldi (II)

     

    Shark Bay mouse

     

     

    Xeromys myoides (II)

     

    False water rat

     

     

    Zyzomys pedunculatus (II)

     

    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

    SCANDENTIA

     

     

     

     

     

     

    SCANDENTIA spp. (II)

     

    Treeshrews

    SIRENIA

     

     

     

     

    Dugongidae

     

     

     

    Dugong

     

    Dugong dugon (I)

     

     

    Dugong

    Trichechidae

     

     

     

    Manatees

     

    Trichechus inunguis (I)

     

     

     

     

    Trichechus manatus (I)

     

     

     

     

    Trichechus senegalensis (I)

     

     

     

    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 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

     

     

    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 leucocephala (II)

     

     

    White-headed duck

     

    Rhodonessa caryophyllacea (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

     

     

     

    Burhinus bistriatus (III Guatemala)

    Double-striped thick-knee

    Laridae

     

     

     

    Gulls, terns

     

    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

     

     

    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 gigantea

     

     

    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 spp. (II)

    (Except for the species included in Annex A; except 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; and except for Caracara lutosa)

     

    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) (Except for Milvus migrans lineatus which is included in Annex B)

     

     

    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

     

    Pandion haliaetus (II)

     

     

    Osprey

    GALLIFORMES

     

     

     

     

    Cracidae

     

     

     

     

     

    Crax alberti (III Colombia)

     

     

    Blue-knobbed curassow

     

    Crax blumenbachii (I)

     

     

    Red-billed curassow

     

     

     

    Crax daubentoni (III Colombia)

    Yellow-knobbed curassow

     

     

    Crax fasciolata

     

    Bare-faced Curassow

     

     

     

    Crax globulosa (III Colombia)

    Wattled curassow

     

     

     

    Crax rubra (III Colombia/Guatemala/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

     

    Macrocephalon maleo (I)

     

     

    Maleo

    Phasianidae

     

     

     

    Grouse, guineafowl, partridges, pheasants, tragopans

     

     

    Argusianus argus (II)

     

    Great argus

     

    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 hatinhensis

     

    Vietnamese fireback

     

     

     

    Lophura leucomelanos (III Pakistan)

    Kalij pheasant

     

    Lophura swinhoii (I)

     

     

    Swinhoe’s pheasant

     

     

     

    Meleagris ocellata (III Guatemala)

    Ocellated turkey

     

    Odontophorus strophium

     

     

    Gorgeted wood-quail

     

    Ophrysia superciliosa

     

     

    Himalayan quail

     

     

     

    Pavo cristatus (III Pakistan)

    Indian peafowl

     

     

    Pavo muticus (II)

     

    Green peafowl

     

     

    Polyplectron bicalcaratum (II)

     

    Grey peacock-pheasant

     

     

    Polyplectron germaini (II)

     

    Germain’s peacock-pheasant

     

     

    Polyplectron malacense (II)

     

    Malayan peacock-pheasant

     

    Polyplectron napoleonis (I)

     

     

    Palawan peacock-pheasant

     

     

    Polyplectron schleiermacheri (II)

     

    Bornean peacock-pheasant

     

     

     

    Pucrasia macrolopha (III Pakistan)

    Koklass pheasant

     

    Rheinardia ocellata (I)

     

     

    Crested argus

     

    Syrmaticus ellioti (I)

     

     

    Elliot’s pheasant

     

    Syrmaticus humiae (I)

     

     

    Hume’s pheasant

     

    Syrmaticus mikado (I)

     

     

    Mikado pheasant

     

     

    Syrmaticus reevesii (II)

     

    Reeves’s 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 (II)

     

    Attwater’s prairie-chicken

    GRUIFORMES

     

     

     

     

    Gruidae

     

     

     

    Cranes

     

     

    Gruidae spp. (II) (Except for the species included in Annex A)

     

    Cranes

     

    Balearica pavonina (I)

     

     

    Black crowned crane

     

    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

     

    Gallirallus sylvestris (I)

     

     

    Lord Howe rail

    Rhynochetidae

     

     

     

    Kagu

     

    Rhynochetos jubatus (I)

     

     

    Kagu

    PASSERIFORMES

     

     

     

     

    Atrichornithidae

     

     

     

    Scrub-birds

     

    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

     

    Pseudochelidon sirintarae (I)

     

     

    White-eyed river-martin

    Icteridae

     

     

     

    New-world blackbirds

     

    Xanthopsar flavus (I)

     

     

    Saffron-cowled blackbird

    Meliphagidae

     

     

     

    Honey-eaters

     

     

    Lichenostomus melanops cassidix (II)

     

    Helmeted honeyeater

    Muscicapidae

     

     

     

    Old-world flycatchers, babblers, etc.

     

    Acrocephalus rodericanus (III Mauritius)

     

     

    Rodrigues brush-warbler

     

     

    Cyornis ruckii (II)

     

    Rueck’s blue-flycatcher

     

     

    Dasyornis broadbenti litoralis (II)

     

    Western rufous bristlebird

     

     

    Dasyornis longirostris (II)

     

    Western bristlebird

     

     

    Garrulax canorus (II)

     

    Chinese Hwamei

     

     

    Garrulax taewanus (II)

     

    Taiwan Hwamei

     

     

    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 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

     

     

    Pycnonotus zeylanicus (II)

     

    Straw-headed bulbul

    Sturnidae

     

     

     

    Mynas

     

     

    Gracula religiosa (II)

     

    Hill myna

     

    Leucopsar rothschildi (I)

     

     

    Bali myna

    Zosteropidae

     

     

     

    White-eyes

     

    Zosterops albogularis (I)

     

     

    White-chested white-eye

    PELECANIFORMES

     

     

     

     

    Fregatidae

     

     

     

    Frigatebirds

     

    Fregata andrewsi (I)

     

     

    Christmas frigatebird

    Pelecanidae

     

     

     

    Pelicans

     

    Pelecanus crispus (I)

     

     

    Dalmatian pelican

    Sulidae

     

     

     

    Boobies

     

    Papasula abbotti (I)

     

     

    Abbott’s booby

    PICIFORMES

     

     

     

     

    Capitonidae

     

     

     

    Barbets

     

     

     

    Semnornis ramphastinus (III Colombia)

    Toucan barbet

    Picidae

     

     

     

    Woodpeckers

     

    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

     

    Podilymbus gigas (I)

     

     

    Atitlan Grebe

    PROCELLARIIFORMES

     

     

     

     

    Diomedeidae

     

     

     

    Albatrosses

     

    Phoebastria albatrus (I)

     

     

    Short-tailed albatross

    PSITTACIFORMES

     

     

     

    Cockatoos, lories, macaws, parakeets, parrots etc.

     

     

    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 goffiniana (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)