Commission regulation (ec) no 407/2009 of 14 may 2009 amending council regulation (ec) no 338/97 on the protection of species of wild fauna and flora by regulating trade therein

COMMISSION REGULATION (EC) No 407/2009
of 14 May 2009
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, Bolitoglossa dofleini, Cynops ensicauda, Echinotriton andersoni, Pachytriton labiatus, Paramesotriton spp., Sala­mandra algira and Tylototriton spp. – which are currently not listed in the Annex to Regulation (EC) No 338/97 – Having regard to the Treaty establishing the European are being imported into the Community in such numbers as to warrant monitoring. Those species should therefore be included in Annex D to the Annex to Regulation (EC) No 338/97. 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(3) thereof, At the 14th Conference of the Parties to CITES in June 2007 new nomenclatural references for animals were adopted. Some inconsistencies between the CITES Appendices and the scientific names in those nomen­clatural references as regards the species Asarcornis scutulata and Pezoporus occidentalis, the families Rheobatra­chidae and Phasianidae as well as the order Scandentia were discovered. Since those inconsistencies also appear in the Annex to Regulation (EC) No 338/97, it should be in respect of which trade is restricted or controlled. Those lists incorporate the lists set out in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, hereinafter ‘the CITES Convention’. In view of the extent of the amendments it is appro­priate, for clarity purposes, to replace the Annex to Regu­lation (EC) No 338/97 in its entirety. the CITES Convention at the request of China: Corallium elatius, Corallium japonicum, Corallium konjoi and Corallium secundum. 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, species Crax daubentoni, Crax globulosa, Crax rubra, Ortalis vetula, Pauxi pauxi, Penelopina nigra, Arborophila campbelli, Arborophila charltonii, Lophura erythrophthalma, Lophura ignita, Semnornis ramphastinus, Baillonius bailloni, Pteroglossus castanotis, Ramphastos dicolorus and Selenidera maculirostris – which are currently included in Annex B to the Annex to Regulation (EC) No 338/97 – are not subject to levels of international trade that might be incompatible with its survival but are included in Appendix III to the CITES Convention at the requests of Colombia, Costa Rica, Guatemala, Honduras, Malaysia and Argentina, and should therefore be trans­ The Annex to Regulation (EC) No 338/97 is replaced by the ferred from Annex B to Annex C to the Annex to Regu­ species Phyllomedusa sauvagii, Leptodactylus laticeps, Limnonectes macrodon, Rana shqiperica, Ranodon sibiricus, This Regulation shall enter into force on the third day following 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. Notes on interpretation of Annexes A, B, C and D
1. Species included in these Annexes A, B, C and D are referred to: (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 Council Directive 79/409/EEC (“Birds Directive”) or Council Directive 92/43/EEC (“Habitats Directive”). 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 6. The symbols “(I)”, “(II)” and “(III)” placed against the name of a species or higher taxon refer to the Appendices of the Convention in which the species concerned are listed as indicated in notes 7 to 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 8. (II) against the name of a species or higher taxon indicates that the species or higher taxon concerned is included in 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. 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 the provisions of this Regulation just as if they were full species, even if the hybrid concerned is not specifically included in the Annexes. 11. When a species is included in Annex A, B or C, all parts and derivatives of the species are also included in the same Annex unless the species is annotated to indicate that only specific parts and derivatives are included. In accordance with Article 2(t) of this Regulation, 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 the Regulation as follows: (a) seeds, spores and pollen (including pollinia); (b) seedling or tissue cultures obtained in vitro, in solid or liquid media, 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. (b) finished products packaged and ready for retail trade.
Designates whole and sliced roots and parts of roots. (a) seeds, except those from Mexican cacti originating in Mexico, and pollen; (b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; (c) cut flowers of artificially propagated plants; (d) fruits and parts and derivatives thereof of naturalised or artificially propagated plants; and (e) separate stem joints (pads) and parts and derivatives thereof of naturalised or artifically propagated plants Designates underground parts (i.e. roots, rhizomes): whole, parts and powdered. through controlled harvesting and production in collaboration with the CITES Management Authorities of Botswana/Namibia/South Africa under agreement No BW/NA/ZA xxxxxx” 12. 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 the provisions of Article 4.1 of the Regulation, 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, in solid or liquid media, transported in sterile containers of these hybrids are not subject to the provisions of the Regulation. 13. Urine, faeces and ambergris which are waste products and gained without the manipulation of the animal concerned are not subject to the provisions of the Regulation. 14. 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. 15. In respect of flora species listed in Annex D, the provisions shall apply only to live specimens except for taxa which are annotated as follows to show that other parts and derivatives are also covered: § 3 Dried and fresh plants, including, where appropriate; leaves, roots/rootstock, stems, seeds/spores, bark and Strombidae
Achatinellidae
Agate snails, oahu tree
snails
Camaenidae
Green tree snail
CNIDARIA (CORALS, FIRE CORALS, SEA ANEMONES) ANTHOZOA
Coralliidae
Helioporidae
Blue coral
(Includes only the species Heliopora coerulea) ( 7 ) Tubiporidae
Organpipe corals
HYDROZOA
Sea ferns, fire corals, stinging medusas Milleporidae
Wello fire corals
Stylasteridae
Lace corals
Amaryllids
Dogbanes
(Except for the species included in Annex A) #1 population of the Russian Federation; no other population is included in the Annexes to this Regulation) #3 Araucarias
Barberries
Air plants, bromelias
(Except for the species included in Annex A and Pereskia spp., Pereskiopsis spp. and Quiabentia spp.) ( 8 ) #4 Asters, daisies, costus
Dudleyas, crassulas
Cypresses
Tree ferns
(Except for the species included in Annex A) #1 Tree ferns
populations of the Americas; no other popu­lations are included in the Annexes to this Regulation: includes Dicksonia berteriana, D. externa, D. sellowiana and D. stuebelii) #1 Didiereas
for the species included in Annex A; succulent species only; artificially propagated specimens of cultivars of Euphorbia trigona, artificially propagated, crested, fan- shaped or colour mutants of Euphorbia lactea, when grafted on artificially propagated root stock of Euphorbia neriifolia and arti­ficially propagated specimens of cultivars of Euphorbia “Milii” when they are traded in shipments of 100 or more plants and readily recognisable as arti­ficially propagated specimens, are not subject to the provisions of this Regulation) #1 Euphorbia handiensis (II)
Euphorbia lambii (II)
Euphorbia stygiana (II)
Ocotillos, boojums
Joint firs
Walnuts, gavilan
species included in Annex A and Aloe vera, also known as Aloe barbadensis, which is not included in the Annexes to this Regu­lation) #1 Magnolias
Magnolia liliifera var. obovata Safan (III Nepal) #1 Mahoganies
(III Population of Colombia, Population of Guatemala, Population of Peru) #5 (Population of the Neotropics — includes Central and South America and the Caribbean) #6 Pitcher plants (old-world)
(Except for the species in- cluded in Annex A) ( 9 ) #1 For all of the following Annex A species, seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers, are not subject to the provisions of this Regulation. Cephalanthera
cucullata (II)
Cypripedium calceolus (II) Lady's
Goodyera macrophylla (II) Madeiran
Liparis loeselii (II) Fen
Ophrys argolica (II) Eyed
Ophrys lunulata (II) Crescent
Orchis scopulorum (II) Madeiran
Spiranthes aestivalis (II) Summer
Broomrapes
Chrysalidocarpus decipiens (I) Butterfly Pine family
Podocarps
Portulacas, purslanes
Primulas, cyclamens
Buttercups
Roses, cherries
Pitcher plants (new world)
Figworts
(excludes Picrorhiza scrophu­lariiflora) #2 Stangerias (cycads)
Agarwood, ramin
Tetracentrons
Valerians
Welwitschias
(Except for the species included in Annex A) #1 Ginger lilies
Lignum-vitae
( 1 ) Population of Argentina (listed in Annex B): For the exclusive purpose of allowing international trade in wool sheared from live vicuñas of the populations included in Annex B, in cloth and in derived manufactured products and other handicraft artefacts. The reverse side of the cloth must bear the logotype adopted by the range States of the species, which are signatories to the Convenio para la Conservación y Manejo de la Vicuña, and the selvages the words “VICUÑA-ARGENTINA”. Other products must bear a label including the logotype and the designation “VICUÑA-ARGENTINA-ARTESANÍA”. All other specimens shall be deemed to be specimens of species included in Annex A and the trade in them shall be regulated accordingly. ( 2 ) Population of Bolivia (listed in Annex B): For the exclusive purpose of allowing international trade in wool sheared from live vicuñas and in cloth and items made thereof, including luxury handicrafts and knitted articles. The reverse side of the cloth must bear the logotype adopted by the range States of the species, which are signatories to the Convenio para la Conservación y Manejo de la Vicuña, and the selvages the words “VICUÑA-BOLIVIA”. Other products must bear a label including the logotype and the designation “VICUÑA-BOLIVIA-ARTESANÍA”. All other specimens shall be deemed to be specimens of species included in Annex A and the trade in them shall be regulated accordingly. ( 3 ) Population of Chile (listed in Annex B): For the exclusive purpose of allowing international trade in wool sheared from live vicuñas of the populations included in Annex B, and in cloth and items made thereof, including luxury handicrafts and knitted articles. The reverse side of the cloth must bear the logotype adopted by the range States of the species, which are signatories to the Convenio para la Conservación y Manejo de la Vicuña, and the selvages the words “VICUÑA-CHILE”. Other products must bear a label including the logotype and the designation “VICUÑA-CHILE-ARTESANÍA”. All other specimens shall be deemed to be specimens of species included in Annex A and the trade in them shall be regulated accordingly. ( 4 ) Population of Peru (listed in Annex B): For the exclusive purpose of allowing international trade in wool sheared from live vicuñas and in the stock extant at the time of the ninth meeting of the Conference of the Parties (November 1994) of 3 249 kg of wool, and in cloth and items made thereof, including luxury handicrafts and knitted articles. The reverse side of the cloth must bear the logotype adopted by the range States of the species, which are signatories to the Convenio para la Conservación y Manejo de la Vicuña, and the selvages the words “VICUÑA-PERU”. Other products must bear a label including the logotype and the designation “VICUÑA-PERU-ARTESANÍA”. All other specimens shall be deemed to be specimens of species included in Annex A and the trade in them shall be regulated accordingly.
( 5 ) All species are listed in Appendix II except Balaena mysticetus, Eubalaena spp., Balaenoptera acutorostrata (except population of West Greenland), Balaenoptera bonaerensis, Balaenoptera borealis, Balaenoptera edeni, Balaenoptera musculus, Balaenoptera physalus, Megaptera novaeangliae, Orcaella brevirostris, Sotalia spp, Sousa spp, Eschrichtius robustus, Lipotes vexillifer, Caperea marginata, Neophocaena phocaenoides, Phocoena sinus, Physeter catodon, Platanista spp., Berardius spp., Hyperoodon spp., which are listed in Appendix I. Specimens of the species listed in Appendix II to the Convention, including products and derivatives other than meat products for commercial purposes, taken by the people of Greenland under licence granted by the competent authority concerned, shall be treated as belonging to Annex B. A zero annual export quota is established for live specimens from the Black Sea population of Tursiops truncatus removed from the wild and traded for primarily commercial purposes. ( 6 ) Populations of Botswana, Namibia, South Africa and Zimbabwe (listed in Annex B): For the exclusive purpose of allowing: a) trade in hunting trophies for non-commercial purposes; b) trade in live animals to appropriate and acceptable destinations as defined in Res. Conf. 11.20 for Botswana and Zimbabwe and for in situ conservation programmes for Namibia and South Africa; c) trade in hides; d) trade in hair; e) trade in leather goods for commercial or non-commercial purposes for Botswana, Namibia and South Africa and for non-commercial purposes for Zimbabwe; f) trade in individually marked and certified Ekipas incorporated in finished jewellery for non-commercial purposes for Namibia and ivory carvings for non commercial purposes for Zimbabwe; g) trade in registered raw ivory (for Botswana, Namibia, South Africa and Zimbabwe whole tusks and pieces) subject to the following: i) only registered government-owned stocks, originating in the State (excluding seized ivory and ivory of unknown origin); ii) only to trading partners that have been verified by the Secretariat, in consultation with the Standing Committee, to have sufficient national legislation and domestic trade controls to ensure that the imported ivory will not be re-exported and will be managed in accordance with all requirements of Resolution Conf. 10.10 (Rev. CoP14) concerning domestic manufacturing and trade; iii) not before the Secretariat has verified the prospective importing countries and the registered government-owned stocks; iv) Raw ivory pursuant to the conditional sale of registered government-owned ivory stocks agreed at COP12 which are 20 000 kg (Botswana), 10 000 kg (Namibia), 30 000 kg (South Africa); v) In addition to the quantities agreed at COP12, government-owned ivory from Botswana, Zimbabwe, Namibia and South Africa registered by the 31st of January 2007 and verified by the Secretariat may be traded and despatched, with the ivory in g) iv) in a single sale per destination under strict supervision of the Secretariat; vi) the proceeds of the trade are used exclusively for elephant conservation and community conservation and development programmes within or adjacent to the elephant range; and vii) The additional quantities specified in g) v) shall be traded only after the Standing Committee has agreed that the above conditions have been met; h) No further proposals to allow trade in elephant ivory from populations already on Annex B shall be submitted to the Conference of the Parties for the period from COP14 and ending nine years from the date of the single sale of ivory that is to take place in accordance with provisions in paragraph g) i), g) ii), g) iii), g) vi) and g) vii). In addition, such further proposals shall be dealt with in accordance with Decisions 14.77 and 14.78. On a proposal from the Secretariat, the Standing Committee can decide to cause this trade to cease partially or completely in the event of non-compliance by exporting or importing countries, or in the case of proven detrimental impacts of the trade on other elephant populations. All other specimens shall be deemed to be specimens of species included in Annex A and the trade in them shall be regulated accordingly. ( 7 ) The following are not subject to the provisions of this Regulation: Fossils Coral sand, that is to say material consisting entirely or in part of finely crushed fragments of dead coral no larger than 2 mm in diameter and which may also contain, amongst other things, the remains of Foraminifera, mollusc and crustacean shell, and coralline algae Coral fragments (including gravel and rubble), that is to say unconsolidated fragments of broken finger-like dead coral and other material between 2 and 30 mm in diameter. ( 8 ) Artificially propagated specimens of the following hybrids and/or cultivars are not subject to the provisions of this Regulation: Hatiora x graeseri Schlumbergera x buckleyi Schlumbergera russelliana x Schlumbergera truncata Schlumbergera orssichiana x Schlumbergera truncata Schlumbergera opuntioides x Schlumbergera truncata Schlumbergera truncata (cultivars) Cactaceae spp. colour mutants lacking chlorophyll, grafted on the following grafting stocks: Harrisia “Jusbertii”, Hylocereus trigonus or Hylocereus undatus Opuntia microdasys (cultivars) ( 9 ) Artificially propagated hybrids of the following genera are not subject to the provisions of this Regulation, if conditions, as indicated in paragraphs a) and b) below, are met: Cymbidium, Dendrobium, Phalaenopsis and Vanda: a) Specimens are readily recognisable as artificially propagated and do not show any signs of having been collected in the wild such as mechanical damage or strong dehydration resulting from collection, irregular growth and heterogeneous size and shape within a taxon and shipment, algae or other epiphyllous organisms adhering to leaves, or damage by insects or other pests; and b) i) when shipped in non flowering state, the specimens must be traded in shipments consisting of individual containers (such as cartons, boxes, crates or individual shelves of CC-containers) each containing 20 or more plants of the same hybrid; the plants within each container must exhibit a high degree of uniformity and healthiness; and the shipment must be accompanied by documentation, such as an invoice, which clearly states the number of plants of each hybrid; or ii) when shipped in flowering state, with at least one fully open flower per specimen, no minimum number of specimens per shipment is required but specimens must be professionally processed for commercial retail sale, e.g. labelled with printed labels or packaged with printed packages indicating the name of the hybrid and the country of final processing. This should be clearly visible and allow easy verification. Plants not clearly qualifying for the exemption must be accompanied by appropriate CITES documents. ( 10 ) Artificially propagated specimens of cultivars of Cyclamen persicum are not subject to the provisions of this Regulation. However, the exemption does not apply to such ( 11 ) Artificially propagated hybrids and cultivars of Taxus cuspidata, live, in pots or other small containers, each consignment being accompanied by a label or document stating the name of the taxon or taxa and the text “artificially propagated”, are not subject to the provisions of this Regulation Papilionidae Birdwing
swallow-tail
butterflies
AGAVACEAE Agaves
ARACEAE Arums
COMPOSITAE (ASTERACEAE) Asters,
daisies,
ERICACEAE Heathers,
rhododendrons
GENTIANACEAE Gentians
LEGUMINOSAE (FABACEAE) Legumes
Dalbergia retusa (Except for the populations which Black rosewood are included in Annex C) §4 Dalbergia stevensonii (Except for the populations LYCOPODIACEAE Clubmosses
MELIACEAE Mahoganies
Cedrela odorata (Except for the populations which Spanish cedar are included in Annex C) §4 MENYANTHACEAE Bogbeans
PARMELIACEAE Parmelioid
PASSIFLORACEAE Desert
PORTULACACEAE Portulas,
purslanes
LILIACEAE Lilies
PEDALIACEAE Sesame,
SELAGINELLACEAE Clubmosses,
spikemosses

Source: http://plantnetwork.org/wordpress/wp-content/uploads/2331/euannexes.pdf