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Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein article annex_1 CELEX: 01997R0338-20230520 Notes on interpretation of Annexes A, B, C and D
1. Species included in Annexes A, B, C and D are referred to: (a) by the name of the species; or
(b) as being all of the species included in a higher taxon or designated part thereof. 2. The abbreviation ‘spp.’ is used to denote all species of a higher taxon. 3. Other references to taxa higher than species are for the purposes of information or classification only. 4. Species printed in bold in Annex A are listed there in consistency with their protection as provided for by Directive 2009/147/EC of the European Parliament and of the Council () or Council Directive 92/43/EEC (). 5. The following abbreviations are used for plant taxa below the level of species: (a) ‘ssp.’ is used to denote subspecies; (b) ‘var(s).’ is used to denote variety (varieties); and
(c) ‘fa.’ is used to denote forma. 6. The symbols ‘(I)’, ‘(II)’ and ‘(III)’ placed against the name of a species or higher taxon refer to the Appendices to the Convention in which the species concerned are listed as indicated in notes 7, 8 and 9. Where none of these annotations appears, the species concerned are not listed in the Appendices to the Convention. |
Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein article annex_1 CELEX: 01997R0338-20230520 7. (I) against the name of a species or higher taxon indicates that the species or higher taxon concerned is included in Appendix I to the Convention. 8. (II) against the name of a species or higher taxon indicates that the species or higher taxon concerned is included in Appendix II to the Convention. 9. (III) against the name of a species or higher taxon indicates that it is included in Appendix III to the Convention. In this case the country with respect to which the species or higher taxon is included in Appendix III is also indicated. 10. ‘Cultivar’ means, following the definition of the 8th edition of the International Code of Nomenclature for Cultivated Plants, an assemblage of plants that (a) has been selected for a particular character or combination of characters, (b) is distinct, uniform, and stable in these characters, and (c) when propagated by appropriate means, retains those characters. No new taxon of a cultivar can be regarded as such until its category name and circumscription has been formally published in the latest edition of the International Code of Nomenclature for Cultivated Plants. |
Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein article annex_1 CELEX: 01997R0338-20230520 11. Hybrids may be specifically included in the Appendices but only if they form distinct and stable populations in the wild. Hybrid animals that have in their previous four generations of the lineage one or more specimens of species included in Annexes A or B shall be subject to this Regulation just as if they were full species, even if the hybrid concerned is not specifically included in the Annexes. 12. When a species is included in Annex A, B or C, the whole animal or plant, whether alive or dead, is always included. In addition, all parts and derivatives thereof are also included in the same Annex unless, for animal species listed in Annex C and plant species listed in Annex B or C, the species is annotated with the symbol # followed by a number to indicate that only specific parts and derivatives are included. In accordance with Article 2(t), the symbol ‘#’ followed by a number placed against the name of a species or higher taxon included in Annex B or C designates parts or derivatives which are specified in relation thereto for the purposes of this Regulation as follows: |
Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein article annex_1 CELEX: 01997R0338-20230520 #1 Designates all parts and derivatives, except: (a) seeds, spores and pollen (including pollinia); (b) seedling or tissue cultures obtained in vitro, transported in sterile containers; (c) cut flowers of artificially propagated plants; and (d) fruits, and parts and derivatives thereof, of artificially propagated plants of the genus Vanilla.
#2 Designates all parts and derivatives, except: (a) seeds and pollen; and (b) finished products packaged and ready for retail trade.
#3 Designates whole and sliced roots and parts of roots, excluding manufactured parts or derivatives, such as powders, pills, extracts, tonics, teas and confectionery. |
Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein article annex_1 CELEX: 01997R0338-20230520 #4 Designates all parts and derivatives, except: (a) seeds (including seedpods of Orchidaceae), spores and pollen (including pollinia). The exemption does not apply to seeds from Cactaceae spp. exported from Mexico, and to seeds from Beccariophoenix madagascariensis and Dypsis decaryi exported from Madagascar; (b) seedling or tissue cultures obtained in vitro, transported in sterile containers; (c) cut flowers of artificially propagated plants; (d) fruits, and parts and derivatives thereof, of naturalized or artificially propagated plants of the genus Vanilla (Orchidaceae) and of the family Cactaceae; (e) stems, flowers, and parts and derivatives thereof, of naturalized or artificially propagated plants of the genera Opuntia subgenus Opuntia and Selenicereus (Cactaceae); (f) finished products of Aloe ferox and Euphorbia antisyphilitica packaged and ready for retail trade, and (g) finished products derived from artificial propagation, packaged and ready for retail trade of cosmetics containing parts and derivatives of Bletilla striata, Cycnoches cooperi, Gastrodia elata, Phalaenopsis amabilis or Phalaenopsis lobbii.
#5 Designates logs, sawn wood and veneer sheets. |
Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein article annex_1 CELEX: 01997R0338-20230520 #6 Designates logs, sawn wood, veneer sheets and plywood.
#7 Designates logs, wood-chips, powder and extracts.
#8 Designates underground parts (i.e. roots, rhizomes): whole, parts and powdered.
#9 Designates all parts and derivatives, except those bearing a label ‘Produced from Hoodia spp. material obtained through controlled harvesting and production under the terms of an agreement with the relevant CITES Management Authority of [Botswana under agreement No. BW/xxxxxx] [Namibia under agreement No. NA/xxxxxx] [South Africa under agreement No. ZA/xxxxxx]’.
#10 Designates all parts, derivatives and finished products, except re-export of finished musical instruments, finished musical instrument accessories and finished musical instrument parts.
#11 Designates logs, sawn wood, veneer sheets, plywood, powder and extracts. Finished products containing such extracts as ingredients, including fragrances, are not considered to be covered by this annotation.
#12 Designates logs, sawn wood, veneer sheets, plywood and extracts. Finished products containing such extracts as ingredients, including fragrances, are not considered to be covered by this annotation. |
Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein article annex_1 CELEX: 01997R0338-20230520 #13 Designates the kernel (also known as ‘endosperm’, ‘pulp’ or ‘copra’) and any derivative thereof, except finished products packaged and ready for retail trade.
#14 Designates all parts and derivatives, except: (a) seeds and pollen; (b) seedling or tissue cultures obtained in vitro, transported in sterile containers; (c) fruits; (d) leaves; (e) exhausted agarwood powder, including compressed powder in all shapes; and (f) finished products packaged and ready for retail trade, this exemption does not apply to wood chips, beads, prayer beads and carvings.
#15 Designates all parts and derivatives, except: a) leaves, flowers, pollen, fruits, and seeds; b) finished products to a maximum weight of wood of the listed species of up to 10 kg per shipment; c) finished musical instruments, finished musical instrument parts and finished musical instrument accessories; d) parts and derivatives of Dalbergia cochinchinensis, which are covered by Annotation #4; e) parts and derivatives of Dalbergia spp. originating and exported from Mexico, which are covered by Annotation #6.
#16 Designates seeds, fruits, and oils.
#17 Designates logs, sawn wood, veneer sheets, plywood and transformed wood. |
Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein article annex_1 CELEX: 01997R0338-20230520 #18 Excluding parts and derivatives, other than eggs. 13. The terms and expressions below, used in annotations in these Annexes, are defined as follows:
Extract
Any substance obtained directly from plant material by physical or chemical means regardless of the manufacturing process. An extract may be solid (e.g. crystals, resin, fine or coarse particles), semisolid (e.g. gums, waxes) or liquid (e.g. solutions, tinctures, oil and essential oils).
Finished musical instruments
A musical instrument (as referenced by the Harmonized System of the World Customs Organization, Chapter 92; musical instruments, parts and accessories of such articles) that is ready to play or needs only the installation of parts to make it playable. This term includes antique instruments (as defined by the Harmonized System codes 97.05 and 97.06; Works of art, collectors’ pieces and antiques).
Finished musical instrument accessories |
Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein article annex_1 CELEX: 01997R0338-20230520 A musical instrument accessory (as referenced by the Harmonized System of the World Customs Organization, Chapter 92; musical instruments, parts and accessories of such articles) that is separate from the musical instrument, and is specifically designed or shaped to be used explicitly in association with an instrument, and that requires no further modification to be used.
Finished musical instrument parts
A part (as referenced by the Harmonized System of the World Customs Organization, Chapter 92; musical instruments, parts and accessories of such articles) of a musical instrument that is ready to install and is specifically designed and shaped to be used explicitly in association with the instrument to make it playable.
Finished products packaged and ready for retail trade
Products, shipped singly or in bulk, requiring no further processing, packaged, labelled for final use or the retail trade in a state fit for being sold to or used by the general public.
Powder
A dry, solid substance in the form of fine or coarse particles
Shipment |
Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein article annex_1 CELEX: 01997R0338-20230520 Cargo transported under the terms of a single bill of lading or air waybill, irrespective of the quantity or number of containers or packages; or pieces worn, carried or included in personal baggage.
10 kg per shipment
For the term ‘10 kg per shipment’, the 10 kg limit shall be interpreted as referring to the weight of wood of each individual annotated species of genus Dalbergia or Guibourtia present in the items in the shipment. The 10 kg limit shall be assessed only against the individual weights of the portions of wood of each individual annotated species contained in each item of the shipment, and not against the total weight of the shipment. The total weights present of each individual annotated species shall be considered individually to determine whether a CITES permit or certificate is required for each individual annotated species, and weights of different individual annotated species are not added together for this purpose.
Transformed wood |