COMMISSION REGULATION (EU) 2019/2117

of 29 November 2019

amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein

Article 1

The Annex to Regulation (EC) No 338/97 is replaced by the text set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third day following that of 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.

ANNEX

1.Species included in Annexes A, B, C and D are referred to:

(a) by the name of the species; or

(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 Directive 2009/147/EC of the European Parliament and of the Council (¹) or Council Directive 92/43/EEC (²).

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

(c) ‘fa.’ is used to denote forma.

6.The symbols ‘(I)’, ‘(II)’ and ‘(III)’ placed against the name of a species or higher taxon refer to the Appendices to the Convention in which the species concerned are listed as indicated in notes 7, 8 and 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 Appendix I to the Convention.

8.(II) against the name of a species or higher taxon indicates that the species or higher taxon concerned is included in Appendix II to the Convention.

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.‘Cultivar’ means, following the definition of the 8th edition of the International Code of Nomenclature for Cultivated Plants, an assemblage of plants that (a) has been selected for a particular character or combination of characters, (b) is distinct, uniform, and stable in these characters, and (c) when propagated by appropriate means, retains those characters. No new taxon of a cultivar can be regarded as such until its category name and circumscription has been formally published in the latest edition of the International Code of Nomenclature for Cultivated Plants.

11.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 this Regulation just as if they were full species, even if the hybrid concerned is not specifically included in the Annexes.

12.When a species is included in Annex A, B or C, the whole animal or plant, whether alive or dead, and all parts and derivatives thereof are also included. Regarding animal species listed in Annex C and plant species listed in Annex 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), 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 this Regulation as follows:

1 Designates all parts and derivatives, except:

(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.

2 Designates all parts and derivatives, except:

(a) seeds and pollen; and (b) finished products packaged and ready for retail trade.

3 Designates whole and sliced roots and parts of roots, excluding manufactured parts or derivatives, such as powders, pills, extracts, tonics, teas and confectionery.

4 Designates all parts and derivatives, except:

(a) seeds (including seedpods of Orchidaceae), spores and pollen (including pollinia). The exemption does not apply to seeds from Cactaceae spp. exported from Mexico, and to seeds from Beccariophoenix madagascariensis and Dypsis decaryi exported from Madagascar; (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 naturalized or artificially propagated plants of the genus Vanilla (Orchidaceae) and of the family Cactaceae; (e) stems, flowers, and parts and derivatives thereof of naturalized or artificially propagated plants of the genera Opuntia subgenus Opuntia and Selenicereus (Cactaceae); and (f) finished products of Aloe ferox and Euphorbia antisyphilitica packaged and ready for retail trade.

5 Designates logs, sawn wood and veneer sheets.

6 Designates logs, sawn wood, veneer sheets and plywood.

7 Designates logs, wood-chips, powder and extracts.

8 Designates underground parts (i.e. roots, rhizomes): whole, parts and powdered.

9 Designates all parts and derivatives, except those bearing a label ‘Produced from Hoodia spp. material obtained through controlled harvesting and production under the terms of an agreement with the relevant CITES Management Authority of [Botswana under agreement No. BW/xxxxxx] [Namibia under agreement No. NA/xxxxxx] [South Africa under agreement No. ZA/xxxxxx]’.

10 Designates logs, sawn wood, veneer sheets, including unfinished wood articles used for the fabrication of bows for stringed musical instruments.

11 Designates logs, sawn wood, veneer sheets, plywood, powder and extracts. Finished products containing such extracts as ingredients, including fragrances, are not considered to be covered by this annotation.

12 Designates logs, sawn wood, veneer sheets, plywood and extracts. Finished products containing such extracts as ingredients, including fragrances, are not considered to be covered by this annotation.

13 Designates the kernel (also known as ‘endosperm’, ‘pulp’ or ‘copra’) and any derivative thereof.

14 Designates all parts and derivatives, except:

(a) seeds and pollen; (b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; (c) fruits; (d) leaves; (e) exhausted agarwood powder, including compressed powder in all shapes; and (f) finished products packaged and ready for retail trade, this exemption does not apply to wood chips, beads, prayer beads and carvings.

15 Designates all parts and derivatives, except:

(a) leaves, flowers, pollen, fruits, and seeds; (b) finished products to a maximum weight of wood of the listed species of up to 10 kg per shipment; (c) finished musical instruments, finished musical instrument parts and finished musical instrument accessories; (d) parts and derivatives of Dalbergia cochinchinensis which are covered by Annotation #4; (e) parts and derivatives of Dalbergia spp. originating and exported from Mexico which are covered by Annotation #6;

16 Designates seeds, fruits, and oils;

17 Logs, sawn wood, veener sheets, plywood and transformed wood.

13.The terms and expressions below, used in annotations in these Annexes, are defined as follows:

Extract

Any substance obtained directly from plant material by physical or chemical means regardless of the manufacturing process. An extract may be solid (e.g. crystals, resin, fine or coarse particles), semisolid (e.g. gums, waxes) or liquid (e.g. solutions, tinctures, oil and essential oils).

Finished musical instruments

A musical instrument (as referenced by the Harmonized System of the World Customs Organization, Chapter 92; musical instruments, parts and accessories of such articles) that is ready to play or needs only the installation of parts to make it playable. This term includes antique instruments (as defined by the Harmonized System codes 97.05 and 97.06; Works of art, collectors’ pieces and antiques).

Finished musical instrument accessories

A musical instrument accessory (as referenced by the Harmonized System of the World Customs Organization, Chapter 92; musical instruments, parts and accessories of such articles) that is separate from the musical instrument, and is specifically designed or shaped to be used explicitly in association with an instrument, and that requires no further modification to be used.

Finished musical instrument parts

A part (as referenced by the Harmonized System of the World Customs Organization, Chapter 92; musical instruments, parts and accessories of such articles) of a musical instrument that is ready to install and is specifically designed and shaped to be used explicitly in association with the instrument to make it playable.

Finished products packaged and ready for retail trade

Products, shipped singly or in bulk, requiring no further processing, packaged, labelled for final use or the retail trade in a state fit for being sold to or used by the general public.

Powder

A dry, solid substance in the form of fine or coarse particles

Shipment

Cargo transported under the terms of a single bill of lading or air waybill, irrespective of the quantity or number of containers or packages; or pieces worn, carried or included in personal baggage.

10 kg per shipment

For the term ‘10 kg per shipment’, the 10 kg limit should be interpreted as referring to the weight of the individual portions of each item in the shipment made of wood of the species concerned. In other words, the 10 kg limit is to be assessed against the weight of the individual portions of wood of Dalbergia/Guibourtia species contained in each item of the shipment, rather than against the total weight of the shipment.

Transformed wood

Defined by Harmonized System code 44.09. Wood (including strips, friezes for parquet flooring, not assembled), continuously shaped (tongued, grooved, v-jointed, beaded or the like) along any edges, ends or faces, whether or not planed, sanded or end-jointed.

Woodchips

Wood that has been reduced to small pieces.

14.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 Article 4(1), 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 this Regulation.

15.Urine, faeces and ambergris which are waste products and gained without the manipulation of the animal concerned are not subject to this Regulation.

16.In respect of fauna species listed in Annex D, this Regulation 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.

17.In respect of flora species listed in Annex D, this Regulation 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 fruits.

§ 4 Logs, sawn wood and veneer sheets. Annex A Annex B Annex C Common name FAUNA CHORDATA (CHORDATES) MAMMALIA

Mammals ARTIODACTYLA Antilocapridae

Pronghorn Antilocapra americana (I) (Only the population of Mexico; no other population is included in the Annexes to this Regulation)

Mexican pronghorn Bovidae

Antelopes, cattle, duikers, gazelles, goats, sheep etc. Addax nasomaculatus (I)

Addax Ammotragus lervia (II)

Barbary sheep Antilope cervicapra (III Nepal/Pakistan) Blackbuck Bos gaurus (I) (Excludes the domesticated form referenced as Bos frontalis which is not subject to this Regulation)

Gaur Bos mutus (I) (Excludes the domesticated form referenced as Bos grunniens which is not subject to this Regulation)

Wild yak Bos sauveli (I)

Kouprey Boselaphus tragocamelus (III Pakistan) Nilgai Bubalus arnee (III Nepal) (Excludes the domesticated form referenced as Bubalus bubalis, which is not subject to this Regulation) Wild Asiatic buffalo Bubalus depressicornis (I)

Lowland anoa Bubalus mindorensis (I)

Tamarau Bubalus quarlesi (I)

Mountain anoa Budorcas taxicolor (II)

Takin Capra falconeri (I)

Markhor Capra caucasica (II)

Caucasian Tur Capra hircus aegagrus (III Pakistan) (Specimens of the domesticated form are not subject to this Regulation) Wild goat Capra sibirica (III Pakistan) Siberian Ibex Capricornis milneedwardsii (I)

Chinese serow Capricornis rubidus (I)

Red serow Capricornis sumatraensis (I)

Sumatran serow Capricornis thar (I)

Himalayan serow Cephalophus brookei (II)

Brooke’s duiker Cephalophus dorsalis (II)

Bay duiker Cephalophus jentinki (I)

Jentink’s duiker Cephalophus ogilbyi (II)

Ogilby’s duiker Cephalophus silvicultor (II)

Yellow-backed duiker Cephalophus zebra (II)

Zebra duiker Damaliscus pygargus pygargus (II)

Bontebok Gazella bennettii (III Pakistan) Chinkara Gazella cuvieri (I)

Cuvier’s gazelle Gazella dorcas (III Algeria/Tunisia) Dorcas gazelle Gazella leptoceros (I)

Slender-horned gazelle Hippotragus niger variani (I)

Giant sable antelope Kobus leche (II)

Lechwe Naemorhedus baileyi (I)

Red goral Naemorhedus caudatus (I)

Long-tailed goral Naemorhedus goral (I)

Himalayan goral Naemorhedus griseus (I)

Chinese goral Nanger dama (I)

Dama gazelle Oryx dammah (I)

Scimitar-horned oryx Oryx leucoryx (I)

Arabian oryx Ovis ammon (II)

Altai argali Ovis arabica (II)

Arabian wild sheep Ovis bochariensis (II)

Bukhara urial Ovis canadensis (II) (Only the population of Mexico; no other population is included in the Annexes to this Regulation)

Mexican bighorn sheep Ovis collium (II) (^*1)

Kazakhstan argali Ovis cycloceros (II)

Afghan urial Ovis darwini (II) (^*1)

Gobi argali Ovis gmelini (I) (population of Cyprus)

Anatolian sheep Ovis hodgsonii (I)

Tibetan argali Ovis jubata (II) (^*1)

Shansi argali Ovis karelini (II) (^*1)

Tianshan argali Ovis nigrimontana (I)

Karatau argali Ovis polii (II) (^*1)

Marco Polo argali Ovis punjabiensis (II)

Punjab urial Ovis severtzovi (II) (^*1)

Severtzov’s agali Ovis vignei (I)

Ladakh urial Pantholops hodgsonii (I)

Chiru Philantomba monticola (II)

Blue duiker Pseudois nayaur (III Pakistan) Bharal Pseudoryx nghetinhensis (I)

Saola Rupicapra pyrenaica ornata (II)

Abruzzo chamois Saiga borealis (II) (A zero export quota for wild specimens traded for commercial purposes)

Mongolian saiga Saiga tatarica (II) (A zero export quota for wild specimens traded for commercial purposes)

Steppe saiga Tetracerus quadricornis (III Nepal) Four-horned antelope Camelidae

Camels, guanaco, vicuña Lama guanicoe (II)

Guanaco Vicugna vicugna (I) (Except for the populations of: Argentina [the populations of the Provinces of Jujuy, Catamarca and Salta, and the semi-captive populations of the Provinces of Jujuy, Salta, Catamarca, La Rioja and San Juan]; Bolivia [the whole population]; Chile [populations of the region of Tarapacá and of the region of Arica and Parinacota]; Ecuador [the whole population] and Peru [the whole population]; which are included in Annex B) Vicugna vicugna (II) (Only the populations of Argentina [the populations of the Provinces of Jujuy, Catamarca and Salta, and the semi-captive populations of the Provinces of Jujuy, Salta, Catamarca, La Rioja and San Juan]; Bolivia [the whole population]; Chile [populations of the region of Tarapacá and of the region of Arica and Parinacota]; Ecuador [the whole population] and Peru [the whole population]; all other populations are included in Annex A) (¹)

Vicuña Cervidae

Deer, huemuls, muntjacs, pudus Axis calamianensis (I)

Calamian deer Axis kuhlii (I)

Bawean deer Axis porcinus (III Pakistan (Except for the subspecies included in Annex A)) Hog deer Axis porcinus annamiticus (I)

Indochina hog deer Blastocerus dichotomus (I)

Marsh deer Cervus elaphus bactrianus (II)

Bactrian deer Cervus elaphus barbarus (III Algeria/Tunisia) Barbary deer Cervus elaphus hanglu (I)

Hangul Dama dama mesopotamica (I)

Persian fallow deer Hippocamelus spp. (I)

Huemuls Mazama temama cerasina (III Guatemala) Central American red brocket Muntiacus crinifrons (I)

Black muntjac Muntiacus vuquangensis (I)

Giant muntjac Odocoileus virginianus mayensis (III Guatemala) Guatemalan white-tailed deer Ozotoceros bezoarticus (I)

Pampas deer Pudu mephistophiles (II)

Northern pudu Pudu puda (I)

Southern pudu Rucervus duvaucelii (I)

Barasingha Rucervus eldii (I)

Eld’s deer Giraffidae

Giraffa camelopardalis (II)

Giraffes Giraffe Hippopotamidae