Key Benefits:
Minister of Ecology, Sustainable Development, Transport and Housing, Minister of Budget, Public Accounts and State Reform, spokesman for the Government, Minister of Agriculture, Food, Fisheries, Rural and Land Management Services, Minister of Culture and Communications and the Secretary of State to the Minister of Economy, Finance and Industry, responsible for the medium-sized services of
Having regard to Council Regulation (EEC) No. 3626/82 of 3 December 1982 relating to the application in the Community of the Convention on the International Trade in Endangered Species of Wild Fauna and Flora;
Considering Council Regulation (EC) No. 338/97 of 9 December 1996 on the protection of wildlife species through the control of their trade;
Having regard to Commission Regulation (EC) No. 865/2006 of 4 May 2006 on the modalities for the application of Council Regulation (EC) No. 338/97 on the protection of wildlife species by the control of their trade;
Considering the environmental code, including articles L. 412-1 and R. 412-1 to R. 412-10;
Vu le Customs Codearticles 38 and 215;
Vu la Act No. 77-1423 of 27 December 1977 authorizing approval of the Convention on International Trade in Endangered Species of Wild Fauna and Flora;
Vu le Decree No. 78-959 of 30 August 1978 Amended to publish the Convention on International Trade in Endangered Species of Wild Fauna and Flora;
Having regard to the decision of 30 June 1998 establishing the terms and conditions for the application of the Convention on International Trade in Endangered Species of Wild Fauna and Flora and Regulations (EC) No. 338/97 of the European Council and (EC) No. 939/97 of the European Commission;
In view of the Order of 14 October 2005 setting out the list of marine protected turtles in metropolitan territory,
Stop:
In all sections of the above-mentioned decision of 30 June 1998, the following amendments are made:
1° The words: "European Community" are replaced by the words: "European Union";
2° The words: "regulation of May 26, 1997 referred to above" are replaced by the words: "Council Regulation (EC) No. 865/2006 of the Commission of May 4, 2006 on the terms and conditions for the application of Council Regulation (EC) No. 338/97 on the protection of wildlife species by the control of their modified trade";
3° References to Article L. 211-1 of the Rural Code are replaced by references to Article L. 411-1 of the Environmental Code;
4° The words: "exceptional authorization granted under Article L. 211-2 (4°) of the same code" and the words: "exceptional authorization granted under Article L. 211-2 (4°) of the same code" are replaced by the words: "derogation granted under Article L. 411-2 of the same code";
5° References to Article L. 212-1 of the Rural Code are replaced by references to Article L. 412-1 of the Environmental Code;
6° The reference to Article L. 213-3 of the Rural Code is replaced by the reference to Article L. 413-3 of the Environmental Code;
7° References to Article L. 215-5 of the Rural Code are replaced by references to Article L. 415-1 of the Environmental Code.
Article 3 of the same order is thus written:
"I. ― The authorization provided for in section L. 412-1 of the Environmental Code shall be the detention for the sale, the carriage for the sale, the sale, the sale, the purchase, the acquisition for commercial purposes, the exposure for commercial purposes, the use for a profit of specimens of the species listed in Schedule A to the regulations of 9 December 1996 referred to above.
This authorization may only be granted when specimens meet one of the following conditions:
1° Specimens acquired or introduced into the European Union prior to the entry into force, for the specimens concerned, of the provisions relating to the species listed in Annex I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, Appendix C 1 to the Regulations of 3 December 1982 referred to above or Appendix A to the Regulations of 9 December 1996 referred to above;
2° Worked specimens acquired more than fifty years before the coming into force of the above-mentioned Regulation of 9 December 1996, i.e. specimens whose natural raw state has been largely modified to make jewels, decorative, artistic or utilitarian objects, or musical instruments before 1 June 1947 and whose management organ of the Member State concerned has been able to ensure that they have been acquired. Such specimens are considered to be worked specimens only if they are clearly belonging to one of the above-mentioned categories and may be used without further carved, worked or processed;
3° Specimens introduced in the European Union in accordance with the provisions of the aforementioned Regulation of 9 December 1996 and intended to be used for purposes that do not adversely affect the survival of the species concerned;
4° specimens of an animal species born and raised in captivity in accordance with the provisions of Article 54 of the aforementioned Regulation of 4 May 2006 or specimens of a plant species artificially reproduced in accordance with the provisions of Article 56 of the aforementioned Regulation of 4 May 2006;
5° The necessary specimens, in exceptional circumstances, to scientific progress or for essential biomedical purposes, when it turns out that the species in question is the only one meeting the objectives and that no specimens of this species born and raised in captivity are available;
6° specimens for breeding or breeding, which will contribute to the conservation of the species concerned;
7° specimens for research or teaching activities aimed at the preservation or conservation of the species;
8° specimens originating from a Member State of the European Union and taken from their natural environment in accordance with the legislation in force in that Member State.
II.-The above-mentioned activities relating to specimens which the holder may demonstrate, at the request of the agents referred to in Article L. 415-1 of the Environmental Code, are exempted from this authorization, that one of the following conditions is satisfied:
1° specimens of animals born and raised in captivity belonging to the species listed in Schedule X to the aforementioned Regulation of May 4, 2006, or their hybrids;
2° specimens of artificially reproduced plant species;
3° Worked specimens acquired more than fifty years before the coming into force of the aforementioned Regulation of 9 December 1996, within the meaning of 2° of this Article.
III.-The activities referred to in the first paragraph of the I of this Article, where they are prohibited for specimens considered under Article L. 411-1 of the Environmental Code, may only be authorized for specimens subject to an exemption under Article 4 L. 411-2 of this Code.
Subject to the provisions of the preceding paragraph, the certificates issued by the various competent management bodies of the Member States of the European Union shall be authorized in accordance with the conditions set out in the above-mentioned Regulation of 9 December 1996, in accordance with the terms specified in the aforementioned Regulation of 4 May 2006. »
In Article 6 of the same Order, the words: "listed in Annexes II and III to the Convention" are replaced by the words: "listed in Annexes A or B to the above-mentioned Regulation of 9 December 1996.
The second, third and fourth paragraphs of Article 7 of the Order are replaced by the following provisions:
"The authorization is issued by the prefect of the department of departure of the animal or plant. »
The Director of Water and Biodiversity, the Director General of Customs and Indirect Rights, the Director General of Agricultural, Agri-Food and Territories Policy, the Director General of Art Creation, the Director General of Competitiveness, Industry and Services, and the Department Prefects are responsible, each with respect to it, for the execution of this Order, to be published in the Official Journal of the French Republic.
Done on 23 December 2011.
The Minister of Ecology,
Sustainable Development,
Transport and housing,
For the Minister and by delegation:
Assistant to the Director
water and biodiversity,
A. Schmitt
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
For the Minister and by delegation:
The Chief Customs Officer
and indirect rights,
J. Fournel
Minister of Agriculture, Food,
Fisheries, Rural
and landscaping,
For the Minister and by delegation:
By preventing the Director General
agricultural policies,
and Territories:
Chief of Service
Agri-Food Strategy
and Sustainable Development
E. Giry
Minister of Culture
and communication,
For the Minister and by delegation:
By preventing the Director General
of artistic creation:
The chief of service,
Deputy Director General
of artistic creation,
A.-M. Le Guével
Secretary of State
to the Minister of Economy,
finance and industry,
responsible for trade, crafts,
small and medium-sized enterprises,
tourism, services,
liberal professions and consumption,
For the Secretary of State and by delegation:
By preventing the Director General
competitiveness, industry and services:
The Head of Tourism Service,
trade, crafts and services,
A. Peyronnet
