COMMISSION TELEX X1/B/B
OF 26.6.89
EXPLANATORY MEMORANDUM ON EUROPEAN COMMUNITY DOCUMENT
PROPOSAL FOR A COUNCIL REGULATION STRENGTHENING THE EXISTING CONTROLS ON IMPORTS OF AFRICAN ELEPHANT IVORY AND OTHER DERIVATIVES SET OUT IN REGULATION EEC 3626/82
SUBMITTED BY THE DEPARTMENT OF THE ENVIRONMENT
SUBJECT MATTER
JULY 1989
This proposal aims to impose a ban on commercial imports into the Community of raw and worked ivory and other products derived from the African Elephant. It would not affect exports of ivory or restrict intra-Community trade, and would allow member states the discretion to issue import permits in exceptional circumstances. The proposal arises from the Environment Council meeting on 8-9 June at which the Commission was invited by the Council to bring forward a formal proposal. The Council agreed that member states could take their own measures in advance of Community action.
MINISTERIAL RESPONSIBILITY
The Secretary of State for the Environment is responsible for policy on the draft regulation.
LEGAL AND PROCEDURAL ISSUES
i) Legal basis - The original regulation was made under Article 235 of the Treaty of Rome. In introducing the proposed new regulation, the Commission is relying upon the provisions of Article 21.1(b) of Regulation 3626/82, which empowers the EC CITES Committee comprising representatives of member states to lay down uniform conditions for the issue of import permits.
ii)
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Co-operation procedure Co-operation procedure is not
applicable.
iii) Voting procedure
iv)
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Qualified majority.
Impact on UK law The introduction of the Regulation will not require any amendment to existing UK law.
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