Keywords
Summary

Keywords

1. Environment — International trade in endangered species of wild fauna and flora — Regulation No 338/97 — Exemptions from prohibitions on commercial activities — Worked specimens — Definition — Stuffed animals — Covered — (Council Regulation No 338/97, Arts 2(w) and 8(3)(b))

2. Environment — International trade in endangered species of wild fauna and flora — Regulation No 338/97 — Interpretation in the light of the Washington Convention — (Council Regulation No 338/97)

3. Environment — International trade in endangered species of wild fauna and flora — Regulation No 338/97 — Exemptions from prohibitions on commercial activities — Worked specimens acquired more than 50 years previously — Definition of acquisition — Scope — Specimens first acquired more than 50 years previously but then the subject of a new acquisition — Covered — (Council Regulation No 338/97, Art. 8(3)(b))

4. Environment — International trade in endangered species of wild fauna and flora — Regulation No 338/97 — Exemptions from prohibitions on commercial activities — Worked specimens acquired more than 50 years previously — Finding by the management authority of the Member State — Requirement — (Council Regulation No 338/97, Art. 8(3)(b); Commission Regulation No 1808/2001, Art. 32, second para.)

Summary

1. Articles 2(w) and 8(3)(b) of Regulation No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, as amended by Regulation No 2307/97, are to be interpreted as meaning that the animals referred to in Annex A to that regulation but which have been stuffed fall within the definition of "worked specimens" for the purposes of those provisions.

see para. 34, operative part 1

2. Regulation No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, as amended by Regulation No 2307/97, is to apply, under the second paragraph of Article 1 thereof, in compliance with the objectives, principles and provisions of the Convention on International Trade in Endangered Species of Wild Flora and Fauna, which was signed in Washington on 3 March 1973. Although the Community is not a party to that convention, the Court cannot disregard those elements, in so far as they have to be taken into account in order to interpret the provisions of that regulation.

see para. 39

3. Article 8(3)(b) of Regulation No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, as amended by Regulation No 2307/97, must be interpreted as meaning that receiving specimens as a gift or inheriting them, or killing animals and then taking them into one's possession, makes them "acquired" within the meaning of that provision. The concept of "acquired" for the purposes of Article 8(3)(b) concerns any taking into possession with a view to personal possession.

Moreover, it is not necessary that the person who acquired the specimen more than 50 years previously be the present owner. Article 8(3)(b) of that regulation must be interpreted as meaning that it also applies to worked specimens which were first acquired before 3 March 1947 and which were the subject of a new acquisition thereafter, since the purpose of that provision is to exclude old items, that is, worked specimens created before 3 March 1947, from the scope of the prohibitions provided for in Article 8(1) of that regulation.

see paras 41-45, operative part 2

4. Notwithstanding the provision in the second paragraph of Regulation No 1808/2001 laying down detailed rules concerning the implementation of Regulation No 338/97, Article 8(3)(b) of the latter regulation must be interpreted as meaning that the management authority of the Member State concerned must have been able to ascertain that the specimen in question was acquired in accordance with the conditions laid down in Article 2(w) of Regulation No 338/97, as amended by Regulation No 2307/97.

see para. 51, operative part 3