COMMISSION REGULATION (EC) No 938/97 of 26 May 1997 amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 19 (2) thereof,

Whereas Article 21 (3) (b) of Regulation (EC) No 338/97 provides that the Commission adopt a Regulation amending Annex D into a representative list of species meeting the criteria laid down in Article 3 (4) (a) of that Regulation;

Whereas the Scientific Review Group has been consulted on the species to be included in Annex D;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee established pursuant to Article 18 of Regulation (EC) No 338/97,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 338/97 is amended as follows:

1. The following points are inserted after point 18 of the Notes on interpretation of Annexes A, B, C and D in the Annex:

'19. In respect of fauna species listed in Annex D, the provisions, shall apply only to live specimens and whole or substantially whole, dead specimens except for taxa which are annotated as follows to show that other parts and derivatives are also covered:

1 Any whole or substantially whole skins, raw or tanned.

2 Any feathers or any skin or other part with feathers on it.

20. In respect of flora species listed in Annex D, the provisions shall apply only to live specimens except taxa which are annotated as follows to how that other parts and derivatives are also covered:

3 Dried and fresh plants, including; leaves, roots/rootstock, stems, seeds/spores, bark and fruits.`

2. Annex D to Council Regulation (EC) No 338/97 is hereby replaced by Annex D to this Regulation.

Article 2

This Regulation shall enter into force on 1 June 1997.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 May 1997.

For the Commission

Ritt BJERREGAARD

Member of the Commission

(1) OJ No L 61, 3. 3. 1997, p. 1.

ANNEX

'ANNEX D

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