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Document 32009R0398
Regulation (EC) No 398/2009 of the European Parliament and of the Council of 23 April 2009 amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, as regards the implementing powers conferred on the Commission
Regulation (EC) No 398/2009 of the European Parliament and of the Council of 23 April 2009 amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, as regards the implementing powers conferred on the Commission
Regulation (EC) No 398/2009 of the European Parliament and of the Council of 23 April 2009 amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, as regards the implementing powers conferred on the Commission
OJ L 126, 21/05/2009, p. 5–8
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) This document has been published in a special edition(s)
(HR)
In force
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Modifies | 31997R0338 | Replacement | article 15.5 | 10/06/2009 | |
Modifies | 31997R0338 | Replacement | article 11.5 | 10/06/2009 | |
Modifies | 31997R0338 | Replacement | article 12.4 | 10/06/2009 | |
Modifies | 31997R0338 | Replacement | article 7.1PTC) | 10/06/2009 | |
Modifies | 31997R0338 | Replacement | article 5.7PTB) | 10/06/2009 | |
Modifies | 31997R0338 | Amendment | article 21.3 | 10/06/2009 | |
Modifies | 31997R0338 | Replacement | article 19 | 10/06/2009 | |
Modifies | 31997R0338 | Replacement | article 5.5 | 10/06/2009 | |
Modifies | 31997R0338 | Replacement | article 7.2PTC) | 10/06/2009 | |
Modifies | 31997R0338 | Replacement | article 8.4 | 10/06/2009 | |
Modifies | 31997R0338 | Replacement | article 9.6 | 10/06/2009 | |
Modifies | 31997R0338 | Amendment | article 15.4 | 10/06/2009 | |
Modifies | 31997R0338 | Replacement | article 18.3 | 10/06/2009 | |
Modifies | 31997R0338 | Amendment | article 4.6 | 10/06/2009 | |
Modifies | 31997R0338 | Replacement | article 4.7 | 10/06/2009 | |
Modifies | 31997R0338 | Replacement | article 7.3 | 10/06/2009 | |
Modifies | 31997R0338 | Replacement | article 7.4 | 10/06/2009 | |
Modifies | 31997R0338 | Addition | article 18.4 | 10/06/2009 |
21.5.2009 |
EN |
Official Journal of the European Union |
L 126/5 |
REGULATION (EC) No 398/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 23 April 2009
amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, as regards the implementing powers conferred on the Commission
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
Regulation (EC) No 338/97 (3) provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4). |
(2) |
Decision 1999/468/EC has been amended by Decision 2006/512/EC (5), which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure laid down in Article 251 of the Treaty, inter alia by deleting some of those elements or by supplementing the instrument with new non-essential elements. |
(3) |
In accordance with the statement by the European Parliament, the Council and the Commission (6) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure laid down in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures. |
(4) |
In particular, the Commission should be empowered to adopt certain measures regulating trade in species of wild fauna and flora, to adopt certain amendments to the Annexes to Regulation (EC) No 338/97 and to adopt additional measures to implement resolutions of the Conference of the Parties to the Convention on international trade in endangered species of wild fauna and flora (CITES) (hereinafter referred to as ‘the Convention’), decisions or recommendations of the Standing Committee of the Convention and recommendations of the Convention Secretariat. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 338/97, inter alia by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. |
(5) |
On grounds of efficiency, the normal time-limits for the regulatory procedure with scrutiny should be curtailed for the adoption of measures amending the Annexes to Regulation (EC) No 338/97, in order to comply with the deadline for entry into force of amendments to the Appendices to the Convention. |
(6) |
Regulation (EC) No 338/97 should therefore be amended accordingly, |
HAVE ADOPTED THIS REGULATION:
Article 1
Amendments
Regulation (EC) No 338/97 is hereby amended as follows:
1. |
Article 4 shall be amended as follows:
|
2. |
Article 5 shall be amended as follows:
|
3. |
Article 7 shall be amended as follows:
|
4. |
in Article 8, paragraph 4 shall be replaced by the following: ‘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).’; |
5. |
in Article 9, paragraph 6 shall be replaced by the following: ‘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).’; |
6. |
in Article 11, paragraph 5 shall be replaced by the following: ‘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).’; |
7. |
in Article 12, paragraph 4 shall be replaced by the following: ‘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).’; |
8. |
Article 15 shall be amended as follows:
|
9. |
Article 18 shall be amended as follows:
|
10. |
Article 19 shall be replaced by the following: ‘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:
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).’; |
11. |
in Article 21(3), the introductory sentence shall be replaced by the following: ‘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:’. |
Article 2
Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 23 April 2009.
For the European Parliament
The President
H.-G. PÖTTERING
For the Council
The President
P. NEČAS
(1) OJ C 211, 19.8.2008, p. 45.
(2) Opinion of the European Parliament of 23 September 2008 (not yet published in the Official Journal) and Council Decision of 23 March 2009.
(4) OJ L 184, 17.7.1999, p. 23.