Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein
Modified by
Commission Regulation (EC) No 938/97of 26 May 1997amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, 397R0938, May 30, 1997
Commission Regulation (EC) No 2307/97of 18 November 1997amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, 397R2307, November 27, 1997
Commission Regulation (EC) No 2214/98of 15 October 1998amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, 398R2214, October 16, 1998
Commission Regulation (EC) No 1476/1999of 6 July 1999amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, 399R1476, July 7, 1999
Commission Regulation (EC) No 2724/2000of 30 November 2000amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, 300R2724, December 18, 2000
Commission Regulation (EC) No 1579/2001of 1 August 2001amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, 301R1579, August 2, 2001
Commission Regulation (EC) No 2476/2001of 17 December 2001amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, 301R2476, December 18, 2001
Commission Regulation (EC) No 1497/2003of 18 August 2003amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, 303R1497, August 27, 2003
Regulation (EC) No 1882/2003 of the European Parliament and of the Councilof 29 September 2003adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty, 303R1882, October 31, 2003
Commission Regulation (EC) No 834/2004of 28 April 2004amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, 304R0834, April 29, 2004
Commission Regulation (EC) No 1332/2005of 9 August 2005amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, 305R1332, August 19, 2005
Commission Regulation (EC) No 318/2008of 31 March 2008amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, 308R0318, April 8, 2008
Corrected by
Corrigendum 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, 397R0338R(03), November 1, 1997
Council Regulation (EC) No 338/97of 9 December 1996on the protection of species of wild fauna and flora by regulating trade thereinTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 130s (1) thereof,Having regard to the proposal from the CommissionOJ No C 26, 3.2.1992, p. 1, and OJ No C 131, 12.5.1994, p. 1.,Having regard to the opinion of the Economic and Social CommitteeOJ No C 223, 31.8.1992, p. 19.,Acting in accordance with the procedure laid down in Article 189c of the TreatyOpinion of the European Parliament of 15 December 1995 (OJ No C 17, 22.1.1996, p. 430). Common position of the Council of 26 February 1996 (OJ No C 196, 6.7.1996, p. 58) and Decision of the European Parliament of 18 September 1996 (OJ No C 320, 28. 10. 1996).,(1)Whereas Regulation (EEC) No 3626/82OJ No L 384, 31.12.1982, p. 1. Regulation as last amended by Commission Regulation (EC) No 558/95 (OJ No L 57, 15.3.1995, p. 1). applies the Convention on International Trade in Endangered Species of Wild Fauna and Flora in the Community with effect from 1 January 1984; whereas the purpose of the Convention is to protect endangered species of fauna and flora through controls on international trade in specimens of those species;(2)Whereas, in order to improve the protection of species of wild fauna and flora which are threatened by trade or likely to be so threatened, Regulation (EEC) No 3626/82 must be replaced by a Regulation taking account of the scientific knowledge acquired since its adoption and the current structure of trade; whereas, moreover, the abolition of controls at internal borders resulting from the Single Market necessitates the adoption of stricter trade control measures at the Community's external borders, with documents and goods being checked at the customs office at the border where they are introduced;(3)Whereas the provisions of this Regulation do not prejudice any stricter measures which may be taken or maintained by Member States, in compliance with the Treaty, in particular with regard to the holding of specimens of species covered by this Regulation;(4)Whereas it is necessary to lay down objective criteria for the inclusion of species of wild fauna and flora in the Annexes to this Regulation;(5)Whereas the implementation of this Regulation necessitates the application of common conditions for the issue, use and presentation of documents relating to authorization of the introduction into the Community and the export or re-export from the Community of specimens of the species covered by this Regulation; whereas it is necessary to lay down specific provisions relating to the transit of specimens through the Community;(6)Whereas it is for a management authority of the Member State of destination, assisted by the scientific authority of that Member State and, where appropriate, taking into account any opinion of the Scientific Review Group, to decide on the requests for introduction of specimens into the Community;(7)Whereas it is necessary to supplement the provisions on re-export with a consultation procedure, in order to limit the risk of infringement;(8)Whereas, in order to guarantee effective protection of species of wild fauna and flora, additional restrictions may be imposed on the introduction of specimens into, and the export thereof from, the Community; whereas, with regard to live specimens, these restrictions may be supplemented by restrictions at Community level on the holding or movement of such specimens within the Community;(9)Whereas it is necessary to lay down specific provisions applicable to captive-born and bred, or artificially propagated specimens, to specimens which are personal or household effects, and to non-commercial loans, donations or exchanges between registered scientists and scientific institutions;(10)Whereas there is a need, in order to ensure the broadest possible protection for species covered by this Regulation, to lay down provisions for controlling trade and movement of specimens within the Community, and the conditions for housing specimens; whereas the certificates issued under this Regulation, which contribute to controlling these activities, must be governed by common rules on their issue, validity and use;(11)Whereas measures should be taken to minimize the adverse effects on live specimens of transport to their destination, from or within the Community;(12)Whereas, to ensure effective controls and to facilitate customs procedures, customs offices should be designated, with trained personnel responsible for carrying out the necessary formalities and corresponding checks where specimens are introduced into the Community, in order to assign them a customs-approved treatment or use within the meaning of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs CodeOJ No L 302, 19.10.1992, p. 1. Regulation as last amended by the 1994 Act of Accession., or where they are exported or re-exported from the Community; whereas there should also be facilities guaranteeing that live specimens are adequately housed and cared for;(13)Whereas the implementation of this Regulation also calls for the designation of management and scientific authorities by the Member States;(14)Whereas informing the public and making them aware of the provisions of this Regulation, particularly at border crossing points, is likely to encourage compliance with these provisions;(15)Whereas, in order to ensure effective enforcement of this Regulation, Member States should closely monitor compliance with its provisions and, to that end, cooperate closely between themselves and with the Commission; whereas this requires the communication of information relating to the implementation of this Regulation;(16)Whereas the monitoring of levels of trade in the species of wild fauna and flora covered by this Regulation is of crucial importance for assessing the effects of trade on the conservation status of species; whereas detailed annual reports should be drawn up in a common format;(17)Whereas, in order to guarantee compliance with this Regulation, it is important that Member States impose sanctions for infringements in a manner which is both sufficient and appropriate to the nature and gravity of the infringement;(18)Whereas it is essential to lay down a Community procedure enabling the implementing provisions and amendments to the Annexes of this Regulation to be adopted within a suitable period; whereas a Committee must be set up to permit close and effective cooperation between the Member States and the Commission in this field;(19)Whereas the multitude of biological and ecological aspects to be considered in the implementation of this Regulation requires the setting up of a Scientific Review Group, whose opinions will be forwarded by the Commission to the Committee and the management bodies of the Member States, to assist them in making their decisions,HAS ADOPTED THIS REGULATION: