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31 - Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 061 03.03.1997 p. 1)

from PART VI - Biodiversity and nature conservation

Published online by Cambridge University Press:  06 January 2010

Philippe Sands
Affiliation:
University College London
Paolo Galizzi
Affiliation:
Imperial College of Science, Technology and Medicine, London
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Summary

Editorial note

The object of the Regulation is to protect species of wild fauna and flora and to guarantee their conservation by regulating trade therein, and it should be applied in compliance with the Convention (Article 1). The ‘Convention’ is defined as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Article 2). Annex A is based on the species listed in Appendix I to the Convention for which Member States have not entered a reservation (Article 3(1)); Annex B includes the species listed in Appendix II to the Convention (Article 3(2)); Annex C includes the species listed in Appendix III to the Convention (Article 3(3)); and Annex D includes species not listed in Annexes A to C which are imported into the Community in such numbers as to warrant monitoring (Article 3(4)).

The Regulation outlines the specific details and procedures required for the granting of an import permit in each of the different situations (Article 4). The introduction into the Community of specimens of the species listed in Annex A is to be subject to completion of the necessary checks and the prior presentation, at the border customs office at the point of introduction, of an import permit issued by a management authority of the Member State of destination (Article 4(1)). The introduction into the Community of specimens of the species listed in Annex B is to be subject to completion of the necessary checks and the prior presentation, at the border customs office at the point of introduction, of an import permit issued by a management authority of the Member State of destination (Article 4(2)).

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Publisher: Cambridge University Press
Print publication year: 2006

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