Commission Implementing Regulation (EU) 2023/2770 of 12 December 2023 prohibiting the introduction into the Union of specimens of certain species of wild fauna and flora in accordance with Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein
Commission Implementing Regulation (EU) 2023/2770of 12 December 2023prohibiting the introduction into the Union of specimens of certain species of wild fauna and flora in accordance with Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,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 thereinOJ L 61, 3.3.1997, p.1, and in particular Article 4(6)(a) and (b) thereof,Whereas:(1)The purpose of Regulation (EC) No 338/97 is to protect species of wild fauna and flora and to guarantee their conservation by regulating trade in animal and plant species listed in its Annexes. The Commission may implement that Regulation by establishing restrictions to the introduction of specimens of certain species into the Union.(2)The currently applicable list of species for which the introduction into the Union is prohibited was established in September 2019 by Commission Implementing Regulation (EU) 2019/1587Commission Implementing Regulation (EU) 2019/1587 of 24 September 2019 prohibiting the introduction into the Union of specimens of certain species of wild fauna and flora in accordance with Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 248, 27.9.2019, p. 5)..(3)The Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) at its 18th and 19th sessions, transferred species from CITES Appendix II to Appendix I. On this basis, these species were also transferred from Annex B to Annex A of Regulation (EC) No 338/97. The Scientific Review Group therefore concluded that the prohibition of the introduction into the Union is no longer required for the specimens of the following species:Balearica pavonina from Guinea, Mali, South Sudan and Sudan;Cuora bourreti and Cuora galbinifrons from Lao People’s Democratic Republic.(4)Further taking into account nomenclatural changes adopted at the 19th Conference of the Parties to CITES, the introduction into the Union of specimens of the following species should be prohibited.Cypripedium ventricosum from Republic of Korea;Piliocolobus temminckii from Guinea.(5)Taking into further account the adoption of changes to nomenclatural references at the 18th and 19th Conference of the Parties to CITES, the name of the species Ovis aries cycloceros should be amended to Ovis bochariensis, and the name of the species Tridacna tevoroa should be amended to Tridacna mbalavuana. These changes in nomenclature do not affect the scope of the suspension already in force.(6)Taking into account relevant recommendations made by the CITES Standing Committee at its 71st and 74th meetings, the Group further concluded that the prohibition of the introduction into the Union is no longer required for the specimens of the following species:Macaca fascicularis from Lao People’s Democratic Republic;Cycas thouarsii from Mozambique;Kinyongia fischeri and Kinyongia tavetana from United Republic of Tanzania;Varanus ornatus (R, W) from Togo.(7)The Scientific Review Group has further concluded that, on the basis of the most recent available information, the prohibition of the introduction into the Union is no longer required for the specimens of the following species:Ursus arctos from Canada (British Columbia);Brookesia decaryi from Madagascar;Trioceros camerunensis from Cameroon;Varanus exanthematicus (R > 35 cm, W) from Togo;Calabaria reinhardtii from Benin (R) and Togo (R, W);Indotestudo forstenii from all range States except Indonesia;Indotestudo travancorica from India;Ornithoptera croesus from Indonesia;Profelis aurata (now Caracal aurata) from United Republic of Tanzania;Ranitomeya variabilis and Ranitomeya ventrimaculata from Peru.(8)The group further concluded that the following change was required:To amend the size limit in the Suspensions Regulation for Varanus niloticus from Benin from > 35 cm total length to > 25 cm snout-vent length;To amend the size limit in the Suspensions Regulation for Varanus exanthematicus from Benin from > 35 cm total length to > 20 cm snout-vent length.(9)Considering the most recent available information including advice from the International Council for the Exploration of the Seas (ICES), the group further considered that the introduction into the Union of Anguilla anguilla (wild and ranched specimens) should be prohibited.(10)The measures provided for in this Regulation are in accordance with the opinion of the Committee on Trade in Wild Fauna and Flora established pursuant to Article 18 of Regulation (EC) No 338/97,HAS ADOPTED THIS REGULATION:
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