TNAG-2133-FCO40-3048-Hong-Kong-and-the-ivory-trade-1990 — Page 48

31. 12. 82

2.

Official Journal of the European Communities

The introduction into the Community of specimens of species listed in Part 2 of Annex C shall require an import permit in accordance with Article 10 (1) (b).

Article 4

Amendments which are necessary to make to Appendices I, II and III to the Convention and to Annex B to this Regulation as a consequence of amendments that have been decided on by the parties to the Convention and agreed to by the Community, as well as any additions to Annex B, shall be made in accordance with the procedure prescribed in Article 21 (2) and (3).

1.

Article 5

The introduction into the Community of specimens covered by Articles 2 and 3 shall be subject to presentation of an import permit or import certificate provided for in Article 10 at the customs office at which the customs formalities are completed.

2. The export or re-export to destinations out- side the Community of the specimens referred to in Article 2 shall be subject to presentation of the document provided for in Article 10 (3) at the customs office at which the customs formalities are completed.

3. Customs offices at which permits have been presented in accordance with paragraphs 1 and 2 shall forward the permits to the management authority of the Member State in which they are situated.

4. By way of derogation from paragraphs 1 and 2, where specimens are brought into the Commu- nity and placed under either a customs transit procedure or a temporary storage procedure, pres- entation to the appropriate customs service of the permits referred to in Article 10 shall not be required, provided that an export document for the specimens is issued by the management authority of the exporting country. In this case Member States may require presentation of the export docu- mentation provided for by the Convention or satis- factory proof of its existence.

Article 6

1. The display to the public for commercial purposes and the sale, keeping for sale, offering for sale or transporting for sale of the specimens referred to in Articles 2 (a) and 3 (1) shall be prohibited, subject to exemptions which may be granted by the Member States for the following reasons, account being taken of the objectives of the Convention and the requirements of Council

No L 384/3

Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (1) :

(a) the specimens entered, in accordance with the Convention and before this Regulation came into force, the territory to which this Regula- tion applies;

(b) the specimens of an animal or plant species were bred in captivity or artificially propa- gated, or are parts of such animals or plants or derived therefrom;

(c) the specimens are intended for research, teach-

ing, breeding or propagation purposes;

(d) specimens originating from a Member State were removed from the natural state under legal provisions in force in that Member State or with the approval of the competent authori- ties of that Member State;

(e) the specimens entered, in accordance with the Convention and after this Regulation came into force, the territory to which this Regulation applies and were not used for purposes essen- tially commercial in nature.

2.

The prohibitions referred to in paragraph 1 shall also apply to the specimens referred to in Article 2 (b) and (c) which are not covered by paragraph 1 if they were introduced in violation of Article 5.

3.

Having regard in particular to Article VIII of the Convention, the competent authorities of the Member States shall have discretion to sell any specimens they have seized under this Regulation or under national laws, and such specimens may then be treated for all purposes as if they had been brought in legally.

Article 7

Member States shall forward to the Commission the names and addresses of the management and scientific authorities referred to in Article IX of the Convention and, where appropriate, of the other competent authorities referred to in this Regula- tion. The Commission shall publish this informa- tion in the Official Journal of the European Com- munities.

Article 8

The competent authorities of the Member States shall:

(a) issue the permits and certificates provided for in Article 10 or endorse the import certificates referred to in Article 10 (2);

(1) OJ No L 103, 25. 4. 1979, p. 1.