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Commission Regulation (EC) No 2551/97 of 15 December 1997 suspending the introduction into the Community of specimens of certain species of wild fauna and flora Official Journal L 349 , 19/12/1997 P. 0004 - 0017

COMMISSION REGULATION (EC) No 2551/97 of 15 December 1997 suspending the introduction into the Community of specimens of certain species of wild fauna and flora THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, 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), as last amended by Commission Regulation (EC) No 2307/97 (2), and in particular point 2 of Article 19 thereof, After consulting the Scientific Review Group, Whereas Article 4 (6) of Regulation (EC) No 338/97 provides for the establishment by the Commission of general restrictions, or restrictions relating to certain countries of origin, on the introduction into the Community of specimens of species listed in Annexes A and B thereto and lays down the criteria for such restrictions; Whereas species listed in Annex C to Council Regulation (EEC) No 3626/82 of 3 December 1982 on the implementation in the Community of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (3) were subject to restrictions on the introduction into the Community on the basis of the provisions of Article 10 (1) of that Regulation; whereas, in view of the replacement of that Regulation by Regulation (EC) No 338/97, the restrictions concerned should now be based on the similar criteria laid down in Article 4 (6) of the latter Regulation; whereas the countries of origin of the species subject to those restrictions were consulted with a view to their adoption; Whereas point (d) of Article 3 (2) of Regulation (EC) No 338/97 provides for the inclusion in Annex B to that Regulation of species in relation to which it has been established that the introduction of live specimens into the natural habitat of the Community would constitute an ecological threat to wild species of fauna and flora indigenous to the Community, as a result of which the species Trachemys scripta elegans and Rana catesbeiana were so listed; whereas point (d) of Article 4 (6) of that Regulation provides for the establishment by the Commission of restrictions on the introduction into the Community of such species on identical grounds; Whereas Article 41 of Commission Regulation (EC) No 939/97 (4) contains provisions for the implementation by the Member States of the restrictions established by the Commission; Whereas 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: Article 1 Subject to the provisions of Article 41 of Regulation (EC) No 939/97, the introduction into the Community of the specimens of the species of wild fauna and flora mentioned in the Annex to this Regulation is hereby suspended. Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 15 December 1997. For the Commission Ritt BJERREGAARD Member of the Commission (1) OJ L 61, 3. 3. 1997, p. 1. (2) OJ L 325, 27. 11. 1997, p. 1. (3) OJ L 384, 31. 12. 1982, p. 1. (4) OJ L 140, 30. 5. 1997, p. 9. ANNEX Specimens of species included in Annex B to Regulation (EC) No 338/97 whose introduction into the Community is suspended >TABLE>

COMMISSION REGULATION (EC) No 2551/97 of 15 December 1997 suspending the introduction into the Community of specimens of certain species of wild fauna and flora

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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), as last amended by Commission Regulation (EC) No 2307/97 (2), and in particular point 2 of Article 19 thereof,

After consulting the Scientific Review Group,

Whereas Article 4 (6) of Regulation (EC) No 338/97 provides for the establishment by the Commission of general restrictions, or restrictions relating to certain countries of origin, on the introduction into the Community of specimens of species listed in Annexes A and B thereto and lays down the criteria for such restrictions;

Whereas species listed in Annex C to Council Regulation (EEC) No 3626/82 of 3 December 1982 on the implementation in the Community of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (3) were subject to restrictions on the introduction into the Community on the basis of the provisions of Article 10 (1) of that Regulation; whereas, in view of the replacement of that Regulation by Regulation (EC) No 338/97, the restrictions concerned should now be based on the similar criteria laid down in Article 4 (6) of the latter Regulation; whereas the countries of origin of the species subject to those restrictions were consulted with a view to their adoption;

Whereas point (d) of Article 3 (2) of Regulation (EC) No 338/97 provides for the inclusion in Annex B to that Regulation of species in relation to which it has been established that the introduction of live specimens into the natural habitat of the Community would constitute an ecological threat to wild species of fauna and flora indigenous to the Community, as a result of which the species Trachemys scripta elegans and Rana catesbeiana were so listed; whereas point (d) of Article 4 (6) of that Regulation provides for the establishment by the Commission of restrictions on the introduction into the Community of such species on identical grounds;

Whereas Article 41 of Commission Regulation (EC) No 939/97 (4) contains provisions for the implementation by the Member States of the restrictions established by the Commission;

Whereas 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:

Article 1

Subject to the provisions of Article 41 of Regulation (EC) No 939/97, the introduction into the Community of the specimens of the species of wild fauna and flora mentioned in the Annex to this Regulation is hereby suspended.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 December 1997.

For the Commission

Ritt BJERREGAARD

Member of the Commission

(1) OJ L 61, 3. 3. 1997, p. 1.

(2) OJ L 325, 27. 11. 1997, p. 1.

(3) OJ L 384, 31. 12. 1982, p. 1.

(4) OJ L 140, 30. 5. 1997, p. 9.

ANNEX

Specimens of species included in Annex B to Regulation (EC) No 338/97 whose introduction into the Community is suspended

>TABLE>