TNAG-1956-FCO40-2785-Trade-of-rare-and-endangered-species-in-Hong-Kong-1989 — Page 190

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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Mr Form 17217 Mr. Stone 2877 (last twe furagraphs)

Official text not yet redetved

CC: HKD

Mu Evans

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Mr Hughes

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EXPLANATORY MEMORANDUM ON EUROPEAN COMMUNITY LEGISLATION

PROPOSAL FOR A COUNCIL REGULATION STRENGTHENING THE EXISTING CONTROLS ON IMPORTS OF AFRICAN ELEPHANT IVORY AND OTHER DERIVATIES SET OUT IN REGULATION EEC 3626/82

SUBMITTED BY THE DEPARTMENT OF THE ENVIRONMENT

SUBJECT MATTER

This

21* JULY 1989

proposal aims to impose a ban on commerical 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 excep- tional 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. Lord Caithness wrote to the 14 June to inform them

Chairman of the Select Committees on of these developments.

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MINISTERIAL RESPONSIBILITY

The Secretary of State for the Environment is for policy on the draft regulation.

LEGAL AND PROCEDURAL ISSUES

i)

-

responsible

is

Legal basis Regulation 3626/82 was made under Article 235 of the Treaty of Rome. The proposed new regulation to be based on Article 21 of the 1982 regulation.

ii) Co-operation

not applicable.

procedure

Co-operation procedure is

iii)

Voting procedure

Qualified majority.

iv)

-

Impact on UK law

The introduction of the Regulation will not require any amendment to existing UK law.

POLICY IMPLICATIONS

In the light of the serious decline in African Elephant popula- tions (1.3 million

million in 1979, and according to some estimates

1

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