http://www.legislation.gov.uk/id/eur/2012/791

Commission Regulation (EU) No 791/2012

of 23 August 2012

amending, as regards certain provisions relating to the trade in species of wild fauna and flora, Regulation (EC) No 865/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 338/97

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 therein1, and in particular Article 19(2), (3) and (4) thereof,

Whereas:

(1)

In order to implement certain Resolutions adopted at the 15th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), hereinafter ‘the Convention’, certain provisions should be amended and further provisions should be added to Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein2.

(2)

Experience gained in the implementation of Regulation (EC) No 865/2006 has shown that some provisions therein should be amended in order to ensure that that Regulation is implemented in a harmonised and efficient manner within the Union.

(3)

Therefore, provisions relating to the conditions applying to the identification and marking of specimens, the retrospective issue of certain documents, the conditions under which personal ownership certificates can be issued, the regime applying to personal and household effects within the Union as well to their re-export, the conditions under which ‘Annex A’ specimens can be subject to commercial activities within the Union, and the conditions applying to pre-issued certificates, should be changed.

(4)

Articles 2 and 3 as well as Annexes I to VI to Regulation (EC) No 865/2006 should be deleted from that Regulation as they will become an integral part of a new Commission Implementing Regulation (EU) No 792/20123, adopted under Article 19(1) of Regulation (EC) No 338/97 further to the entry into force of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers4.

(5)

At the 15th meeting of the Conference of the Parties to the Convention, the standard references for nomenclature, to be used to indicate scientific names of species in permits and certificates, were updated. Those changes should therefore be reflected in Annex VIII to Regulation (EC) No 865/2006.

(6)

Regulation (EC) No 865/2006 should therefore be amended accordingly.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Trade in Wild Fauna and Flora,

HAS ADOPTED THIS REGULATION: