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Official Journal |
EN Series L |
2023/2770 |
13.12.2023 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/2770
of 12 December 2023
prohibiting the introduction into the Union of specimens of certain species of wild fauna and flora in accordance with Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (1), and in particular Article 4(6)(a) and (b) thereof,
Whereas:
(1) |
The purpose of Regulation (EC) No 338/97 is to protect species of wild fauna and flora and to guarantee their conservation by regulating trade in animal and plant species listed in its Annexes. The Commission may implement that Regulation by establishing restrictions to the introduction of specimens of certain species into the Union. |
(2) |
The currently applicable list of species for which the introduction into the Union is prohibited was established in September 2019 by Commission Implementing Regulation (EU) 2019/1587 (2). |
(3) |
The Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) at its 18th and 19th sessions, transferred species from CITES Appendix II to Appendix I. On this basis, these species were also transferred from Annex B to Annex A of Regulation (EC) No 338/97. The Scientific Review Group therefore concluded that the prohibition of the introduction into the Union is no longer required for the specimens of the following species:
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(4) |
Further taking into account nomenclatural changes adopted at the 19th Conference of the Parties to CITES, the introduction into the Union of specimens of the following species should be prohibited.
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(5) |
Taking into further account the adoption of changes to nomenclatural references at the 18th and 19th Conference of the Parties to CITES, the name of the species Ovis aries cycloceros should be amended to Ovis bochariensis, and the name of the species Tridacna tevoroa should be amended to Tridacna mbalavuana. These changes in nomenclature do not affect the scope of the suspension already in force. |
(6) |
Taking into account relevant recommendations made by the CITES Standing Committee at its 71st and 74th meetings, the Group further concluded that the prohibition of the introduction into the Union is no longer required for the specimens of the following species:
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(7) |
The Scientific Review Group has further concluded that, on the basis of the most recent available information, the prohibition of the introduction into the Union is no longer required for the specimens of the following species:
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(8) |
The group further concluded that the following change was required:
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(9) |
Considering the most recent available information including advice from the International Council for the Exploration of the Seas (ICES), the group further considered that the introduction into the Union of Anguilla anguilla (wild and ranched specimens) should be prohibited. |
(10) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee on Trade in Wild Fauna and Flora established pursuant to Article 18 of Regulation (EC) No 338/97, |
HAS ADOPTED THIS REGULATION:
Article 1
The introduction into the Union of specimens of the species of wild fauna and flora set out in the Annex to this Regulation from the countries of origin indicated therein is prohibited.
Article 2
Implementing Regulation (EU) 2019/1587 is repealed.
References to the repealed Implementing Regulation shall be construed as references to this Regulation.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 December 2023.
For the Commission
The President
Ursula VON DER LEYEN
(2) Commission Implementing Regulation (EU) 2019/1587 of 24 September 2019 prohibiting the introduction into the Union of specimens of certain species of wild fauna and flora in accordance with Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 248, 27.9.2019, p. 5).
ANNEX
(1) |
Specimens of species included in Annex A to Regulation (EC) No 338/97 of which the introduction into the Union is prohibited
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(2) |
Specimens of species included in Annex B to Regulation (EC) No 338/97 of which the introduction into the Union is prohibited
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ELI: http://data.europa.eu/eli/reg_impl/2023/2770/oj
ISSN 1977-0677 (electronic edition)