Article 1The Annex to Regulation (EC) No 338/97 is replaced by the text in the Annex to this Regulation.

Article 2This Regulation shall enter into force on the third 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, 15 May 2023.For the CommissionThe PresidentUrsula von der LeyenANNEX

ANNEXNotes on interpretation of Annexes A, B, C and D1.Species included in Annexes A, B, C and D are referred to:(a)by the name of the species; or(b)as being all of the species included in a higher taxon or designated part thereof.2.The abbreviation "spp." is used to denote all species of a higher taxon.3.Other references to taxa higher than species are for the purposes of information or classification only.4.Species printed in bold in Annex A are listed there in consistency with their protection as provided for by Directive 2009/147/EC of the European Parliament and of the CouncilDirective 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7). or Council Directive 92/43/EECCouncil Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7)..5.The following abbreviations are used for plant taxa below the level of species:(a)"ssp." is used to denote subspecies;(b)"var(s)." is used to denote variety (varieties); and(c)"fa." is used to denote forma.6.The symbols "(I)", "(II)" and "(III)" placed against the name of a species or higher taxon refer to the Appendices to the Convention in which the species concerned are listed as indicated in notes 7, 8 and 9. Where none of these annotations appears, the species concerned are not listed in the Appendices to the Convention.7.(I) against the name of a species or higher taxon indicates that the species or higher taxon concerned is included in Appendix I to the Convention.8.(II) against the name of a species or higher taxon indicates that the species or higher taxon concerned is included in Appendix II to the Convention.9.(III) against the name of a species or higher taxon indicates that it is included in Appendix III to the Convention. In this case the country with respect to which the species or higher taxon is included in Appendix III is also indicated.10."Cultivar" means, following the definition of the 8th edition of the International Code of Nomenclature for Cultivated Plants, an assemblage of plants that (a) has been selected for a particular character or combination of characters, (b) is distinct, uniform, and stable in these characters, and (c) when propagated by appropriate means, retains those characters. No new taxon of a cultivar can be regarded as such until its category name and circumscription has been formally published in the latest edition of the International Code of Nomenclature for Cultivated Plants.11.Hybrids may be specifically included in the Appendices but only if they form distinct and stable populations in the wild. Hybrid animals that have in their previous four generations of the lineage one or more specimens of species included in Annexes A or B shall be subject to this Regulation just as if they were full species, even if the hybrid concerned is not specifically included in the Annexes.12.When a species is included in Annex A, B or C, the whole animal or plant, whether alive or dead, is always included. In addition, all parts and derivatives thereof are also included in the same Annex unless, for animal species listed in Annex C and plant species listed in Annex B or C, the species is annotated with the symbol # followed by a number to indicate that only specific parts and derivatives are included. In accordance with Article 2(t), the symbol "#" followed by a number placed against the name of a species or higher taxon included in Annex B or C designates parts or derivatives which are specified in relation thereto for the purposes of this Regulation as follows:#1Designates all parts and derivatives, except:(a)seeds, spores and pollen (including pollinia);(b)seedling or tissue cultures obtained in vitro, transported in sterile containers;(c)cut flowers of artificially propagated plants; and(d)fruits, and parts and derivatives thereof, of artificially propagated plants of the genus Vanilla.#2Designates all parts and derivatives, except:(a)seeds and pollen; and(b)finished products packaged and ready for retail trade.#3Designates whole and sliced roots and parts of roots, excluding manufactured parts or derivatives, such as powders, pills, extracts, tonics, teas and confectionery.#4Designates all parts and derivatives, except:(a)seeds (including seedpods of Orchidaceae), spores and pollen (including pollinia). The exemption does not apply to seeds from Cactaceae spp. exported from Mexico, and to seeds from Beccariophoenix madagascariensis and Dypsis decaryi exported from Madagascar;(b)seedling or tissue cultures obtained in vitro, transported in sterile containers;(c)cut flowers of artificially propagated plants;(d)fruits, and parts and derivatives thereof, of naturalized or artificially propagated plants of the genus Vanilla (Orchidaceae) and of the family Cactaceae;(e)stems, flowers, and parts and derivatives thereof, of naturalized or artificially propagated plants of the genera Opuntia subgenus Opuntia and Selenicereus (Cactaceae);(f)finished products of Aloe ferox and Euphorbia antisyphilitica packaged and ready for retail trade, and(g)finished products derived from artificial propagation, packaged and ready for retail trade of cosmetics containing parts and derivatives of Bletilla striata, Cycnoches cooperi, Gastrodia elata, Phalaenopsis amabilis or Phalaenopsis lobbii.#5Designates logs, sawn wood and veneer sheets.#6Designates logs, sawn wood, veneer sheets and plywood.#7Designates logs, wood-chips, powder and extracts.#8Designates underground parts (i.e. roots, rhizomes): whole, parts and powdered.#9Designates all parts and derivatives, except those bearing a label "Produced from Hoodia spp. material obtained through controlled harvesting and production under the terms of an agreement with the relevant CITES Management Authority of [Botswana under agreement No. BW/xxxxxx] [Namibia under agreement No. NA/xxxxxx] [South Africa under agreement No. ZA/xxxxxx]".#10Designates all parts, derivatives and finished products, except re-export of finished musical instruments, finished musical instrument accessories and finished musical instrument parts.#11Designates logs, sawn wood, veneer sheets, plywood, powder and extracts. Finished products containing such extracts as ingredients, including fragrances, are not considered to be covered by this annotation.#12Designates logs, sawn wood, veneer sheets, plywood and extracts. Finished products containing such extracts as ingredients, including fragrances, are not considered to be covered by this annotation.#13Designates the kernel (also known as "endosperm", "pulp" or "copra") and any derivative thereof, except finished products packaged and ready for retail trade.#14Designates all parts and derivatives, except:(a)seeds and pollen;(b)seedling or tissue cultures obtained in vitro, transported in sterile containers;(c)fruits;(d)leaves;(e)exhausted agarwood powder, including compressed powder in all shapes; and(f)finished products packaged and ready for retail trade, this exemption does not apply to wood chips, beads, prayer beads and carvings.#15Designates all parts and derivatives, except:a)leaves, flowers, pollen, fruits, and seeds;b)finished products to a maximum weight of wood of the listed species of up to 10 kg per shipment;c)finished musical instruments, finished musical instrument parts and finished musical instrument accessories;d)parts and derivatives of Dalbergia cochinchinensis, which are covered by Annotation #4;e)parts and derivatives of Dalbergia spp. originating and exported from Mexico, which are covered by Annotation #6.#16Designates seeds, fruits, and oils.#17Designates logs, sawn wood, veneer sheets, plywood and transformed wood.#18Excluding parts and derivatives, other than eggs.13.The terms and expressions below, used in annotations in these Annexes, are defined as follows:ExtractAny substance obtained directly from plant material by physical or chemical means regardless of the manufacturing process. An extract may be solid (e.g. crystals, resin, fine or coarse particles), semisolid (e.g. gums, waxes) or liquid (e.g. solutions, tinctures, oil and essential oils).Finished musical instrumentsA musical instrument (as referenced by the Harmonized System of the World Customs Organization, Chapter 92; musical instruments, parts and accessories of such articles) that is ready to play or needs only the installation of parts to make it playable. This term includes antique instruments (as defined by the Harmonized System codes 97.05 and 97.06; Works of art, collectors’ pieces and antiques).Finished musical instrument accessoriesA musical instrument accessory (as referenced by the Harmonized System of the World Customs Organization, Chapter 92; musical instruments, parts and accessories of such articles) that is separate from the musical instrument, and is specifically designed or shaped to be used explicitly in association with an instrument, and that requires no further modification to be used.Finished musical instrument partsA part (as referenced by the Harmonized System of the World Customs Organization, Chapter 92; musical instruments, parts and accessories of such articles) of a musical instrument that is ready to install and is specifically designed and shaped to be used explicitly in association with the instrument to make it playable.Finished products packaged and ready for retail tradeProducts, shipped singly or in bulk, requiring no further processing, packaged, labelled for final use or the retail trade in a state fit for being sold to or used by the general public.PowderA dry, solid substance in the form of fine or coarse particlesShipmentCargo transported under the terms of a single bill of lading or air waybill, irrespective of the quantity or number of containers or packages; or pieces worn, carried or included in personal baggage.10 kg per shipmentFor the term "10 kg per shipment", the 10 kg limit shall be interpreted as referring to the weight of wood of each individual annotated species of genus Dalbergia or Guibourtia present in the items in the shipment. The 10 kg limit shall be assessed only against the individual weights of the portions of wood of each individual annotated species contained in each item of the shipment, and not against the total weight of the shipment. The total weights present of each individual annotated species shall be considered individually to determine whether a CITES permit or certificate is required for each individual annotated species, and weights of different individual annotated species are not added together for this purpose.Transformed woodDefined by Harmonized System code 44.09. Wood (including strips, friezes for parquet flooring, not assembled), continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed.WoodchipsWood that has been reduced to small pieces.14.As none of the species or higher taxa of FLORA included in Annex A is annotated to the effect that its hybrids shall be treated in accordance with Article 4(1), this means that artificially propagated hybrids produced from one or more of these species or taxa may be traded with a certificate of artificial propagation, and that seeds and pollen (including pollinia), cut flowers, seedling or tissue cultures obtained in vitro, transported in sterile containers of these hybrids are not subject to this Regulation.15.Urine, faeces and ambergris which are waste products and gained without the manipulation of the animal concerned are not subject to this Regulation.16.In respect of fauna species listed in Annex D, this Regulation 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:§1Any whole, or substantially whole, skins, raw or tanned.17.In respect of flora species listed in Annex D, this Regulation shall apply only to live specimens except for taxa which are annotated as follows to show that other parts and derivatives are also covered:§2Dried and fresh plants, including, where appropriate; leaves, roots/rootstock, stems, seeds/spores, bark and fruits.§4Designates all parts and derivatives, except:(a)seeds and pollen;(b)finished products packaged and ready for retail trade.§5Designates logs, sawn wood, veneer sheets, plywood and transformed wood.(*)Defined by Harmonized System code 44.09. Wood (including strips, friezes for parquet flooring, not assembled), continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed.

	Annex D	Common name
FAUNA
CHORDATA (CHORDATES)
MAMMALIA		Mammals
CARNIVORA
Canidae		Dogs, foxes, wolves
	Vulpes vulpes griffithi (III India) §1	Red fox
	Vulpes vulpes montana (III India) §1	Red fox
	Vulpes vulpes pusilla (III India) §1	Red fox
Mustelidae		Badgers, martens, weasels etc.
	Mustela altaica (III India) §1	Mountain weasel
	Mustela erminea ferghanae (III India) §1	Stoat
	Mustela kathiah (III India) §1	Yellow-bellied weasel
	Mustela sibirica (III India) §1	Siberian weasel
AVES		Birds
ANSERIFORMES
Anatidae		Ducks, geese, swans
	Anas melleri	Meller’s duck


REPTILIA		Reptiles
SAURIA
Agamidae
	Otocryptis wiegmanni	Wiegmann’s Agama
Cordylidae		Spiny-tail lizards
	Platysaurus imperator	Emperor flat lizard
Gekkonidae		Geckos
	Rhacodactylus auriculatus	New Caledonia bumpy gecko
	Rhacodactylus ciliatus	Guichenot’s giant gecko
	Rhacodactylus leachianus	New Caledonia giant gecko

	Teratoscincus scincus (Includes Teratoscincus scincus rustamowi, T. s. keyserlingii and T. s. scincus)	Common wonder gecko
Gerrhosauridae		Plated lizards
	Tracheloptychus petersi	Malagasy plated lizard
	Zonosaurus karsteni	Karsten’s girdled lizard
	Zonosaurus maximus	Southeastern girdled lizard
	Zonosaurus quadrilineatus	Four-lined girdled lizard
Scincidae		Skinks
	Tribolonotus gracilis	Crocodile skink
	Tribolonotus novaeguineae	New Guinea helmet skink
SERPENTES
Colubridae		Typical snakes, water snakes, whip snakes
	Elaphe carinata §1	Taiwan stink snake
	Elaphe radiata §1	Radiated rat snake
	Elaphe taeniura §1	Taiwan beauty snake
	Enhydris bocourti §1	Bocourt’s water snake
	Homalopsis spp. §1	Masked water snake
	Langaha nasuta	Northern leafnose snake
	Leioheterodon madagascariensis	Madagascar menarana snake
	Ptyas korros §1	Indochinese rat snake

Hydrophiidae		Sea snakes
	Lapemis curtus (Includes Lapemis hardwickii) §1	Shaw’s sea snake
Viperidae		Vipers

	Pseudocerastes spp., except for the species, which is listed in Annex B	False horned vipers
AMPHIBIA
ANURA		Frogs and toads
Bufonidae
	Atelopus spp., except for the species listed in Annex A	Harlequin toads
Dicroglossidae		Frogs
	Limnonectes macrodon	Fanged River Frog or Javan Giant Frog
Hylidae		Tree frogs
	Phyllomedusa sauvagii	Waxy monkey tree frog
Leptodactylidae		Neotropical frogs
	Leptodactylus laticeps	Red spotted burrow frog
Ranidae		Frogs
	Pelophylax shqipericus	Albanian pool frog
CAUDATA
Hynobiidae		Asiatic salamanders
	Ranodon sibiricus	Semirechensk salamander/Central Asian salamander/Siberian salamander
Plethodontidae		Lungless salamanders
	Bolitoglossa dofleini	Giant palm salamander
Salamandridae		Newts and salamanders
	Cynops ensicauda	Sword-tailed newt
ACTINOPTERYGII		Fish
PERCIFORMES
Apogonidae
	Pterapogon kauderni	Banggai cardinalfish

MOLLUSCA (MOLLUSCS)
GASTROPODA
Haliotidae
	Haliotis midae	Midas ear abalone
FLORA
AGAVACEAE		Agaves

	Dasylirion longissimum	Beargrass
ARACEAE		Arums
	Arisaema dracontium	Green dragon
	Arisaema erubescens
	Arisaema galeatum
	Arisaema nepenthoides
	Arisaema sikokianum
	Arisaema thunbergii var. urashima
	Arisaema tortuosum


BIGNONIACEAE
	Handroanthus spp. §5 (until 24 November 2024)Tabebuia spp. §5 (until 24 November 2024)Roseodendron spp. §5 (until 24 November 2024)	Trumpet trees
BURSERACEAE		Burseras
	Aucoumea klaineana §5Boswellia spp. §4	Gabon mahogany
COMPOSITAE (ASTERACEAE)		Asters, daisies, costus
	Arnica montana §2	Mountain tobacco
	Othonna clavifolia
	Othonna herrei
ERICACEAE		Heathers, rhododendrons
	Arctostaphylos uva-ursi §2	Bearberry
GENTIANACEAE		Gentians
	Gentiana lutea §2	Great yellow gentian
LEGUMINOSAE		Legumes
	Dipteryx spp. §5 (except D. panamensis) (until 24 November 2024)	Camaru
	Millettia stuhlmannii §5	Panga-panga
	Pterocarpus macrocarpus §4	Burma padauk
LILIACEAE		Wakerobins
	Trillium pusillum	Dwarf wakerobin
	Trillium rugelii	Ill-scented wakerobin
	Trillium sessile	Sessile-flowered wakerobin wood-lily
LYCOPODIACEAE		Clubmosses
	Lycopodium clavatum §2	Stagshorn clubmoss
MELIACEAE		Mahoganies, cedars




	Entandrophragma cylindricum §5	Sapele mahogany
MENYANTHACEAE		Bogbeans
	Menyanthes trifoliata §2	Bogbean
PARMELIACEAE		Parmelioid lichens
	Cetraria islandica §2	Icelandic moss
PASSIFLORACEAE		Desert roses
	Adenia glauca	Desert rose
	Adenia pechuelli	Desert rose
PEDALIACEAE		Sesame, devil’s claw
	Harpagophytum spp. §2	Devil’s claw



SANTALACEAE		Sandalwoods
	Okoubaka aubrevillei §2	Death tree
SAPOTACEAE		Sapodillas
	Baillonella toxisperma §5	Moabi
SELAGINELLACEAE		Clubmosses, spikemosses
	Selaginella lepidophylla	Rose of Jericho

	Annex A	Annex B	Annex C	Common name
FAUNA
CHORDATA (CHORDATES)
MAMMALIA				Mammals
ARTIODACTYLA
Antilocapridae				Pronghorn
	Antilocapra americana (I) (Only the population of Mexico; no other population is included in the Annexes to this Regulation)			Mexican pronghorn
Bovidae				Antelopes, cattle, duikers, gazelles, goats, sheep etc.
	Addax nasomaculatus (I)			Addax
		Ammotragus lervia (II)		Barbary sheep
			Antilope cervicapra (III Nepal/Pakistan)	Blackbuck
	Bos gaurus (I) (Excludes the domesticated form referenced as Bos frontalis which is not subject to this Regulation)			Gaur
	Bos mutus (I) (Excludes the domesticated form referenced as Bos grunniens which is not subject to this Regulation)			Wild yak
	Bos sauveli (I)			Kouprey
			Boselaphus tragocamelus (III Pakistan)	Nilgai
			Bubalus arnee (III Nepal) (Excludes the domesticated form referenced as Bubalus bubalis, which is not subject to this Regulation)	Wild Asiatic buffalo
	Bubalus depressicornis (I)			Lowland anoa
	Bubalus mindorensis (I)			Tamarau
	Bubalus quarlesi (I)			Mountain anoa
		Budorcas taxicolor (II)		Takin
	Capra falconeri (I)			Markhor
		Capra caucasica (II)		Caucasian Tur
			Capra hircus aegagrus (III Pakistan) (Specimens of the domesticated form are not subject to this Regulation)	Wild goat
			Capra sibirica (III Pakistan)	Siberian Ibex
	Capricornis milneedwardsii (I)			Chinese serow
	Capricornis rubidus (I)			Red serow
	Capricornis sumatraensis (I)			Sumatran serow
	Capricornis thar (I)			Himalayan serow
		Cephalophus brookei (II)		Brooke’s duiker
		Cephalophus dorsalis (II)		Bay duiker
	Cephalophus jentinki (I)			Jentink’s duiker
		Cephalophus ogilbyi (II)		Ogilby’s duiker
		Cephalophus silvicultor (II)		Yellow-backed duiker
		Cephalophus zebra (II)		Zebra duiker
		Damaliscus pygargus pygargus (II)		Bontebok
			Gazella bennettii (III Pakistan)	Chinkara
	Gazella cuvieri (I)			Cuvier’s gazelle
			Gazella dorcas (III Algeria/Tunisia)	Dorcas gazelle
	Gazella leptoceros (I)			Slender-horned gazelle
	Hippotragus niger variani (I)			Giant sable antelope
		Kobus leche (II)		Lechwe

Commission Regulation (EU) 2023/966 of 15 May 2023 amending Council Regulation (EC) No 338/97 to reflect the amendments adopted at the 19th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora