Keywords
Summary

Keywords

1. Environment - International trade in endangered species of wild fauna and flora - Species covered by Appendix I to the Washington Convention or Annex A to Regulation No 338/97 - General prohibition in the territory of a Member State of all commercial use of captive born and bred specimens - Whether permissible

(Council Regulations No 3626/82 and No 338/97, Annex A)

2. Environment - International trade in endangered species of wild fauna and flora - Species covered by Appendix II to the Washington Convention or Annex B to Regulation No 338/97 - Commercial use of specimens of those species - Whether permissible - Conditions - General prohibition in the territory of a Member State of all use of captive born and bred specimens of those species imported from other Member States - Not permissible - Condition

(EC Treaty, Art. 36 (now, after amendment, Art. 30 EC); Council Regulations No 3626/82, Arts 6(2) and 15, and No 338/97, Art. 8(5) and Annex B)

Summary

1. As regards species covered by Appendix I to the Convention on international trade in endangered species of wild fauna and flora, concluded in Washington on 3 March 1973, Regulation No 3626/82 on the implementation in the Community of the Convention on international trade in endangered species of wild fauna and flora must be interpreted as not precluding legislation of a Member State which lays down a general prohibition in its territory of all commercial use of captive born and bred specimens.

As regards species covered by Annex A to Regulation No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, that regulation must be interpreted as not precluding legislation of a Member State which lays down a general prohibition in its territory of all commercial use of captive born and bred specimens.

( see para. 41 and operative part 1 )

2. As regards species covered by Appendix II to the Convention on international trade in endangered species of wild fauna and flora, concluded in Washington on 3 March 1973, Regulation No 3626/82 on the implementation in the Community of the Convention on international trade in endangered species of wild fauna and flora does not prohibit the commercial use of those species, apart from the case referred to in Article 6(2) of that regulation where the specimens have been introduced contrary to Article 5 of the regulation, paragraph 1 of which prescribes inter alia that the introduction into the Community of those specimens is to be subject to presentation of an import permit or import certificate at the customs office at which the customs formalities are completed.

As regards species covered by Annex B to Regulation No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, that regulation does not prohibit the commercial use of specimens of those species, provided that the conditions laid down in Article 8(5) are met, that is to say, it is 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.

Those regulations preclude legislation of a Member State imposing a general prohibition in its territory of all commercial use of captive born and bred specimens of those species, in so far as it applies to specimens imported from other Member States, if it is apparent that the objective of protection of the latter, as referred to in Article 15 of Regulation No 3626/82 or Article 36 of the EC Treaty (now, after amendment, Article 30 EC), may be achieved just as effectively by measures which are less restrictive of intra-Community trade.

( see para. 60 and operative part 2 )