TNAG-1955-FCO40-2784-Trade-of-rare-and-endangered-species-in-Hong-Kong-1989 — Page 100

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P.04

NOT PART

ণ

THE

REGULATION

COMMITTEE AGREEMENT WITH REGARD TO THE EXCEPTIONAL CIRCUMSTANCES REFERRED TO IN ARTICLE 1.2 OF THE PROPOSED REGULATION

1. LIVE ELEPHANTS

IMPORT PERMITS FOR LIVE ELEPHANTS SHALL ONLY BE ISSUED WHERE THE (BABY) ELEPHANT IS EXPORTED FROM THE COUNTRY OF ORIGIN AS A CONSEQUENCE OF A SCIENTIFICALLY SOUND MANAGEMENT PROGRAMME WHICH IS CONSIDERED BY THE SCIENTIFIC WORKING GROUP TO BE IN THE INTEREST OF THE SPECIES AND/OR ITS HABITAT. THE IMPORT PERMIT CAN ONLY BE ISSUED TO ZOOS DIRECTLY AND THE ELEPHANT CONCERNED MUST NOT BE IMPORTED FOR SALE OR ANY OTHER COMMERCIAL PURPOSES.

2,

EXISTING CONTRACTS

IT IS AGREED THAT A SUDDEN IMPORT BAN OF THIS KIND MAY CAUSE UNDUE HARDSHIP TO IMPORTERS, E.G. IN CASE THEY HAVE PAID FOR A SHIPMENT OR WHERE A CONSIGNMENT WAS SHIPPED FROM THE EXPORTING OR RE-EXPORTING COUNTRY BEFORE THE IMPORTER WAS AWARE OF THE BAN.

IT IS FURTHER AGREED THAT EXPORTERS AND RE-EXPORTERS MAY FACE SIMILAR PROBLEMS IN CASE THEY CONCLUDED CONTRACTS WITH COMMUNITY IMPORTERS BEFORE THEY WERE AWARE OF THE BAN.

SUCH

MEMBER STATES MAY THEREFORE IN SUCH CIRCUMSTANCES ISSUE AN IMPORT PERMIT WHERE THEY HAVE CLEARLY

THEY HAVE CLEARLY ESTABLISHED THAT (1) THE SHIPMENT CONCERNED WAS ACQUIRED IN FULL COMPLIANCE WITH THE LEGISLATION OF THE COUNTRY OF ORIGIN AND, WHERE APPLICABLE. RE-EXPORT: (2) THAT THE CONTRACT WAS

WAS SIGNED, THE PAYMENT MADE OR THE CONSIGNMENT SHIPPED BEFORE 14 JUNE 1989; (3) THAT THE CONDITIONS OF THE CONTRACT OR PAYMENT CONTAIN NO STIPULATIONS MAKING THEM SUBJECT TO THE ISSUE OF AN IMPORT PERMIT.

3. ANTIQUES

4.

THE COMMISSION AND THE COMMITTEE CONFIRM THEIR AGREEMENT WITH REGARD TO ARTICLE 6.1.(A) OF REGULATION 3626/82 THAT IMPORT PERMITS FOR ANTIQUES (1.E. OVER 100 YEARS OLD AS SPECIFIED UNDER CUSTOMS LEGISLATION) SPECIMENS OF APPENDIX I AND ANNEX C1 SPECIES CAN BE ISSUED (AND AN EXEMPTION FROM ARTICLE 6.1 GRANTED). THIS AGREEMENT SHALL SIMILARLY APPLY TO ANTIQUE OBJECTS MADE OF OR CONTAINING AFRICAN ELEPHANT IVORY AND FURTHER TO OBJECTS OF ART MADE OF OR CONTAINING AFRICAN ELEPHANT IVORY THAT ARE PROVEN TO HAVE BEEN MADE BEFORE 1976 (ARBITRARY, BUT DATE OF INCLUSION OF THE AFRICAN ELEPHANT IN APPENDIX II).

HUNTING TROPHIES

IMPORT

2.11. WHETHER

PERMITS FOR HUNTING TROPHIES SHALL ONLY BE ISSUED WHERE SUCH IMPORT IS IN COMPLIANCE WITH THE RECOMMENDATIONS OF RESOLUTION CONF. THE COMPREHENSIVE EXAMINATION CONERNING THE QUESTION OF (1) THE IMPORTATION IS SERVING A PURPOSE WHICH IS NOT DETRIMENTAL TO THE SURVIVAL OF THE SPECIES AND (2) WHETHER THE KILLING OF THE ANIMALS WHOSE TROPHIES ARE INTENDED FOR IMPORT WOULD ENHANCE THE SURVIVAL OF THE SPEICES, SXHALL BE CARRIED OUT BY THE SCIENTIFIC WORKING GROUP, IMPORT PERMITS SHALL STIPULATE UNDER

UNDER "SPECIAL CONDITIONS" THAT THEY MAY NOT BE SOLD AFTER IMPORTATION.