Regulation 1982/3626 - Implementation in the EC of the Convention on international trade in endangered species of wild fauna and flora - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 1982/3626
Original proposal	COM(1980)413
CELEX number i	31982R3626

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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

Official Journal L 384 , 31/12/1982 P. 0001 - 0061

Spanish special edition: Chapter 15 Volume 4 P. 0021

Portuguese special edition Chapter 15 Volume 4 P. 0021

Finnish special edition: Chapter 15 Volume 4 P. 0060

Swedish special edition: Chapter 15 Volume 4 P. 0060

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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

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 235 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,

WHEREAS A CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA ( HEREINAFTER REFERRED TO AS " THE CONVENTION " ) WAS OPENED FOR SIGNATURE ON 3 MARCH 1973 ; WHEREAS THE CONVENTION IS INTENDED TO PROTECT ENDANGERED SPECIES OF WILD FAUNA AND FLORA BY REGULATING INTERNATIONAL TRADE IN THESE SPECIES AND IN READILY RECOGNIZABLE PARTS AND DERIVATIVES THEREOF ;

WHEREAS THE RESOLUTION OF THE COUNCIL OF THE EUROPEAN COMMUNITIES AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES , MEETING WITHIN THE COUNCIL , OF 17 MAY 1977 ON THE CONTINUATION AND IMPLEMENTATION OF A EUROPEAN COMMUNITY POLICY AND ACTION PROGRAMME ON THE ENVIRONMENT ( 4 ) STRESSES THAT THE PROTECTION OF WILD FAUNA AND FLORA IS A MATTER WHICH CONCERNS THE COMMUNITY AND THAT IMPLEMENTATION OF THE CONVENTION IS AN IMPORTANT MEASURE FOR PROTECTING THESE SPECIES ;

WHEREAS , TO ATTAIN ITS OBJECTIVES , THE CONVENTION MAINLY EMPLOYS COMMERCIAL POLICY INSTRUMENTS BY LAYING DOWN RESTRICTIONS ON AND A STRICT CONTROL OF INTERNATIONAL TRADE IN SPECIMENS OF ENDANGERED SPECIES OF WILD FAUNA AND FLORA ;

WHEREAS , IN ORDER TO PROTECT ENDANGERED SPECIES OF WILD FAUNA AND FLORA , IT IS NECESSARY AT COMMUNITY LEVEL TO ENSURE THAT CERTAIN COMMERCIAL POLICY INSTRUMENTS TO BE EMPLOYED UNDER THE CONVENTION ARE UNIFORMLY APPLIED ; WHEREAS , BECAUSE OF ITS SCOPE , THIS REGULATION SHOULD NOT AFFECT NATIONAL POWERS TO ADOPT PROTECTIVE MEASURES OF A DIFFERENT NATURE ;

WHEREAS THE MEASURES RELATING TO THE APPLICATION OF THE CONVENTION TO TRADE MUST NOT AFFECT THE FREE MOVEMENT OF PRODUCTS WITHIN THE COMMUNITY AND MUST APPLY ONLY TO TRADE WITH THIRD COUNTRIES ;

WHEREAS THE EXISTENCE OF NATIONAL IMPLEMENTING MEASURES WHICH WERE NOT UNIFORM MIGHT LEAD TO DISTORTIONS OF COMPETITION WITHIN THE COMMUNITY ;

WHEREAS THE CONVENTION CONCERNS ANIMALS AND PLANTS , WHETHER ALIVE OR DEAD , AND READILY RECOGNIZABLE PARTS AND DERIVATIVES THEREOF ; WHEREAS , TO MAKE THE APPLICATION OF THE CONVENTION EFFECTIVE , A COMMON LIST OF THE MOST IMPORTANT PARTS AND DERIVATIVES MUST BE DRAWN UP AND THE CONDITIONS UNDER WHICH OTHER GOODS FALL WITHIN THE SCOPE OF THIS REGULATION MUST BE LAID DOWN ;

WHEREAS THE STATE OF CONSERVATION OF CERTAIN SPECIES MAKES DESIRABLE THE ADOPTION BY THE COMMUNITY OF STRICTER CONSERVATION MEASURES THAN THOSE LAID DOWN IN THE CONVENTION ;

WHEREAS IN CERTAIN CASES IT MAY BE NECESSARY , IN ORDER TO PERMIT THE MOST EFFECTIVE CONSERVATION POSSIBLE OF WILD FLORA AND FAUNA , FOR MEMBER STATES TO MAINTAIN OR TAKE , IN COMPLIANCE WITH THE TREATY , STRICTER MEASURES THAN THOSE LAID DOWN IN THIS REGULATION ;

WHEREAS IMPLEMENTATION OF THIS REGULATION NECESSITATES THE INTRODUCTION OF A COMMUNITY PROCEDURE FOR THE ISSUE AND PRESENTATION OF PERMITS FOR THE EXPORT , RE-EXPORT , IMPORT AND INTRODUCTION FROM THE SEA OF SPECIMENS OF THE SPECIES COVERED BY THE CONVENTION ; WHEREAS IMPLEMENTATION OF THIS REGULATION ALSO INVOLVES...

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