C-154/02
ECLI:EU:C:2003:293
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OPINION OF MRS STIX-HACKL — CASE C-1J4/02
OPINION OF ADVOCATE GENERAL STIX-HACKL delivered on 15 May 2003 1
I — Introduction signature on 3 March 1973. The purpose of that convention is to protect certain endan- gered species of wild flora and fauna by regulating international trade in them. To 1. The present reference for a preliminary achieve its objectives, the Convention ruling concerns the interpretation of Coun- imposes a number of restrictions and con- cil Regulation (EC) No 338/97 of trols. 9 December 1996 on the protection of species of wild fauna and flora by regulat- ing trade therein 2 (hereinafter 'Regulation No 338/97') and the detailed rules for its implementation adopted by the Commis- sion. In particular, it relates to the legal classification of stuffed animals and the forms of acquisition of animals that are covered. 3. CITES contains several appendices. Appendix I applies to all species which are threatened with extinction and, con- sequently, subject to the strictest rules. Appendix II applies, first, to all species which may be threatened with extinction unless trade is subject to strict regulation and, second, to other species which are to I I — Legal framework be subject to strict regulation.
A — International law
4. Article XIV(l) provides that the provi- 2. The Convention on International Trade sions of CITES are in no way to affect the in Endangered Species of Wild Flora and right of Parties to adopt stricter domestic Fauna (hereinafter 'CITES') was opened for measures regarding the conditions for trade, taking, possession, or transport of specimens of species included in Appen- 1 — Original language: German. dices I, II and III, or the complete prohib- 2 — OJ 1997 L 61, p. 1. ition thereof.
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5. Article VII, which contains exemptions 8. Under Article 3, Regulation No 338/97 and other special provisions, provides, in covers inter alia the species listed in paragraph 2, that the provisions of Appendix I. These include the specimens Articles III, IV and V, that is the rules on that are the subject of the present dispute. regulation of trade, do not apply to a specimen where the management authority issues a certificate that the specimen was acquired before the provisions of CITES applied to it. 9. Article 2 of Regulation No 338/97 includes the following legal definitions:
6. Because of difficulties of interpretation, '(m) "primarily commercial purposes" Resolution 5.11 was adopted, which rec- shall mean all purposes the non-com- ommends that, for live and dead animals, mercial aspects of which do not the date on which a specimen is acquired be clearly predominate; the date of their initial removal from their habitat. For parts and derivatives of pro- tected specimens, the date of their intro- duction to personal possession is crucial.
(p) "sale" shall mean any form of sale. For the purposes of this regulation, hire, B — Community law barter or exchange shall be regarded as sale; cognate expressions shall be simi- larly construed;
1. Regulation No 338/97
7. The object of Regulation No 338/97, (u) "trade" shall mean the introduction under Article 1 thereof, is inter alia to into the Community, including intro- protect species of wild fauna and to guar- duction from the sea, and the export antee their conservation by regulating trade and re-export therefrom, as well as the therein. use, movement and transfer of pos-
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session within the Community, includ- activities', includes the following provi- ing within a Member State, of speci- sions: mens subject to the provisions of this regulation;
' 1 . The purchase, offer to purchase, acquisition for commercial purposes, dis- play to the public for commercial purposes, use for commercial gain and sale, keeping for sale, offering for sale or transporting for sale of specimens of the species listed in Annex A shall be prohibited.
(w) "worked specimens that were acquired more than 50 years previously" shall mean specimens that were significantly altered from their natural raw state for jewellery, adornment, art, utility, or musical instru- ments, more than 50 years before the entry into force of this regulation and that have been, to the satisfaction of the management authority of the Member State concerned, acquired in such conditions. Such speci- 3. In accordance with the requirements of mens shall be considered as worked only if other Community legislation on the con- they are clearly in one of the aforemen- servation of wild fauna and flora, exemp- tioned categories and require no further tion from the prohibitions referred to in carving, crafting or manufacture to effect paragraph 1 may be granted by issuance of their purpose; a certificate to that effect by a management authority of the Member State in which the specimens are located, on a case-by-case basis, where the specimens:
(a) were acquired in, or were introduced into, the Community before the provi- sions relating to species listed in Appendix I to the Convention or in Annex CI to Regulation (EEC) 10. Article 8, which contains 'provisions No 3626/82 or in Annex A became relating to the control of commercial applicable to the specimens; or
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(b) are worked specimens that were tation of Council Regulation (EC) acquired more than 50 years pre- No 338/97 of 9 December 1996 on the viously; or protection of species of wild fauna and flora by regulating trade therein 3 (here- inafter 'Regulation No 939/97') establishes detailed conditions and criteria for the consideration of permit and certificate applications and for the issue, validity and use of such documents. Specific provisions apply to captive born and bred, or artifi- cially propagated specimens.
11. Under Article 8(4), the Commission is 13. Article 1 of Regulation No 939/97 empowered to define general derogations gives the following definition of 'date of from the prohibitions referred to in acquisition': 'the date on which a specimen paragraph 1 based on the conditions was taken from the wild, born in captivity referred to in paragraph 3, as well as or artificially propagated'. general derogations with regard to species listed in Annex A in accordance with Article 3(1)(b)(ii). Any such derogations must be in accordance with the require- ments of other Community legislation on the conservation of wild fauna and flora. 14. Article 20(3) contains provisions relat- ing to a certificate for the purposes of Article 8(3) of Regulation No 338/97. It does not, however, make any provision regarding the exemption referred to in Article 8(3) for worked specimens that were acquired more than 50 years pre- 2. The implementing rules viously.
15. Article 32 provides inter alia for the following exemptions: (a) Regulation No 939/97
'The prohibitions of Article 8(1) of Regu- lation (EC) No 338/97 and the provision in 12. C o m m i s s i o n R e g u l a t i o n (EC) No 939/97 of 26 May 1997 laying down detailed rules concerning the implemen- 3 — OJ 1996 L 140, p. 9.
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Article 8(3) thereof that exemptions there- c o n t a i n e d in A r t i c l e 8 ( 1 ) of from shall be granted by the issuance of a Regulation (EC) No 338/97 are uniformly certificate on a case-by-case basis shall not applied, it is necessary to lay down con- apply to: ditions and criteria with regard to their definition.'
18. In derogation from Article 29(2) of Regulation No 939/97, Article 29(1) of (d) worked specimens that were acquired Regulation No 1808/2001 provides: more than 50 years previously as d e f i n e d in A r t i c l e 2( w ) of Regulation (EC) No 338/97.'
'The exemption for specimens referred to in A r t i c l e 8 ( 3 ) ( a ) to (c) of (b) Regulation No 1808/2001 Regulation (EC) No 338/97 shall only be granted when the applicant has satisfied the competent management authority that the conditions referred to therein are met.'
16. Regulation No 939/97 was replaced by Commission Regulation (EC) No 1808/2001 of 30 August 2001 laying down detailed rules concerning the imple- mentation of Council Regulation (EC) 19. Article 32 of Regulation No 1808/2001, No 338/97 on the protection of species of in c o n t r a s t t o A r t i c l e 3 2 of wild fauna and flora by regulating trade Regulation No 939/97, provides that in therein 4 (hereinafter 'Regulation the cases mentioned no certificate is No 1808/2001'), which entered into force required. in September 2001.
17. The fifth recital states:
C — National law
'In order to ensure that general derogations from the internal trade prohibitions 20. The Swedish Law (1994:1818) on pro- tected species of fauna and flora (here- 4 — OJ 2001 L 250, p. 1. inafter 'the 1994 Law'), in Paragraph 8a,
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makes the following negligent or wilful hawks, two hobbies, two hen harriers, one infringements of Regulation No 338/97 Ural owl, four tawny owls, one goshawk, punishable by a fine or imprisonment: two kestrels, one snowy owl, one hawk introduction into Sweden, export or re- owl, one short-eared owl, one barn owl, export from Sweden, trade in artificially one marsh harrier, four buzzards, one propagated fauna and transportation, tran- long-eared owl, one crane, one golden sit, sale, purchase or other commercial eagle and one sea eagle. This is a serious transactions. There are also rules on assess- infringement, as it involved endangered and ing the seriousness of an infringement. In rare species and was on a large scale. the event that the infringement is not serious, provision is not made for any penalty.
24. In Tyringe in July 1998, either wilfully 21. The 1994 Law was repealed with effect or negligently, Mr Nilsson unlawfully pur- from 1 January 1999 (SFS 1998:808 and chased a mounted dead brown bear, even 1998:811). though this species is listed in Annex A to Regulation No 338/97. This is a serious infringement, as it involved a specimen of an endangered and rare species and, in conjunction with the specimens mentioned in submission I, was on a large scale.
III — Facts, main proceedings and ques- tions referred for a preliminary ruling
22. In premises used by his company, Tyringe Förmedlingscentral, Jan Nilsson 25. The mounted animals recovered from (hereinafter Mr Nilsson) kept a number of Mr Nilsson's premises were stuffed speci- stuffed specimens of bird species and a mens. stuffed brown bear, all of which are listed in Annex A to Regulation No 338/97.
23. In Tyringe (Sweden), in August 1998, 26. In the proceedings in the Hässleholms either wilfully or negligently, Mr Nilsson tingsrätt (Hässleholm District Court, unlawfully purchased the following Sweden), the prosecutor indicted Mr Nils- mounted dead specimens, even though the son for serious infringement of the 1994 species in question are listed in Annex A to Law and of the Miljöbalken (Environment Regulation No 338/97: two sparrow Code). Mr Nilsson denied the infringement.
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27. The Hässleholms tingsrätt stayed the IV — The first question proceedings and made reference to the Court of Justice pursuant to Article 234 EC for a preliminary ruling on the following questions:
A — Main submissions of the parties
(1) Do stuffed animals listed in Annex A fall within the definition of 'worked 28. The Italian Government emphasises specimens'? that the legal definition of 'worked speci- mens' under Article 2(w) of Regulation No 338/97 essentially hinges on the notion of 'work'. Since a significant alteration is necessary under that provision and there is no such significant alteration in the case of stuffing, stuffed animals are not to be regarded as 'worked specimens' and do (2) What is covered by the term 'acquire' not therefore fall within the scope of in Article 8(3) of R e g u l a t i o n Article 2(w). No 338/97?
29. The Commission first points out that Annex A to Regulation No 338/97 is more (3) Must the person who acquired the extensive than the corresponding appendix specimen more than 50 years pre- of the international convention (CITES) on viously be the present owner? which it is based.
30. On the basis of the legal definition (4) Do the provisions on exemption in c o n t a i n e d in A r t i c l e 2 ( w ) of Article 32 of Regulation No 1808/2001 Regulation No 338/97, the Commission mean that no assessment by the man- concludes that stuffed animals are to be agement authority in accordance with regarded as worked specimens if they are Article 2(w) of Regulation No 338/97 jewellery, adornment, art or utility and is required? require no further manufacture.
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B — Assessment body parts, such as eyes or claws, are replaced by artificial parts.
31. The legal classification of stuffed ani- mals must be based on the legal definition contained in Article 2(w) of Regulation 35. The techniques used in taxidermy must No 338/97. That provision lays down what therefore be classified as a significant alter- is covered by 'worked specimens'. ation of the specimens.
32. The first requirement that may be 36. In addition, this is not undermined by inferred from that provision is that the the fact that the stuffing is intended to natural raw state of the specimen must preserve the natural appearance of the have been significantly altered. animals as far as possible. Whether there is a significant alteration within the mean- ing of Article 2(w) of Regulation No 338/97 does not depend on the outward appear- ance, but on whether the overall state of the specimen has been altered. 33. As the Commission rightly states, stuffed animals are to be regarded as 'worked', because they have been altered in relation to their live or dead state, that is to say in comparison with the 'natural' 37. As a second requirement, Article 2(w) state to which the regulation refers. mentions the purpose of the alteration, making reference, in the form of an exhaustive list, to 'jewellery, adornment, art, utility, or musical instruments'. Depending on the purpose for which they are worked, each of these options may be 34. Furthermore, the requirement of a relevant with respect to stuffed animals, 'significant' alteration is also satisfied, since depending on the specimen. the activities carried out as part of taxi- dermy and the result achieved must be classified as a significant alteration. That is true of both conventional stuffing, where the hide is stripped and the pelt is tanned and stuffed, and of the dermoplastic treat- 38. Lastly, such specimens are to be con- ment procedure. In that procedure, the hide sidered as worked only if they are clearly in is removed, the stripped pelt is cleaned and one of the aforementioned categories and the fur is tanned. The insides are recon- require no further carving, crafting or structed and covered with the hide. Certain manufacture to effect their purpose.
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39. Consideration will be given to the other in the negative, it is not necessary to answer requirements laid down in Article 2(w), the other questions. that is such specimens are covered only if they were significantly altered more than 50 years before the entry into force of the regulation and if they have been, to the satisfaction of the management authority of the Member State concerned, acquired in specific conditions, in connection with the 42. The Commission, which deals with the third and fourth questions referred for a second and third questions together, bases preliminary ruling. its arguments on the resolution adopted under CITES, the definitions of terms in Article 2 of Regulation No 338/97, the prohibition on trade in Article 8(3) of R e g u l a t i o n N o 3 3 8 / 9 7 , a n d Regulation No 939/97. 40. The answer to the first question must therefore be that Article 2(w) and Article 8(3)(b) of Regulation No 338/97 are to be interpreted as meaning that stuffed animals listed in Annex A to that regulation fall within the definition of 43. In the view of the Commission, a 'worked specimens', provided they require specimen is 'acquired' within the meaning no further carving, crafting or manufac- of Article 8(3) of Regulation No 338/97 ture. where it has been taken for personal pos- session irrespective of whether it is taken by the present owner or by a former owner. Therefore, inheritance (by bequest), gifts and removal from the wild are also covered.
V — The second question
B — Assessment
A — Main submissions of the parties
44. The term 'acquire' in Article 8(3) of Regulation No 338/97 must be interpreted 41. The Italian Government considers that, with reference to the scheme of the regu- because the first question is to be answered lation.
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45. The basic principle of the scheme set specimen was taken from the wild, born in out by Regulation No 338/97 is the pro- captivity or artificially propagated. hibition under Article 8(1) that applies to specimens of species listed in Annex A. That provision prohibits a number of actions, 'purchase, offer to purchase, acquisition for commercial purposes, dis- play to the public for commercial purposes, use for commercial gain and sale, keeping 49. In the present case, however, none of for sale, offering for sale or transporting for these three alternatives applies, since sale'. stuffed animals, as 'worked specimens', are not taken from the wild. That cannot therefore be the date of acquisition of stuffed animals.
46. Article 8(3)(b) grants an exemption from that prohibition for 'worked speci- mens that were acquired more than 50 50. The date of removal from the wild is years previously'. The legal definition of certainly also important in the case of such worked specimens is laid down in stuffed animals in so far as such speci- Article 2(w). mens — before being worked — may be taken from the wild.
47. However, there is no definition of the 51. It is thus possible to infer the following term 'acquire' in any of these three provi- scheme from Regulation No 338/97 with sions. Whilst Article 2(w) also makes respect to acquisition: reference to the period of 50 years with respect to acquisition, it does not give a more precise definition of the term 'ac- quire'.
The first date when acquisition can take place is the date of removal from the wild.
4 8 . More precise provision relating to a c q u i s i t i o n is m a d e , h o w e v e r , in Article 1(a) of Regulation N o 939/97. The second date when acquisition can take Under that provision, 'date of acquisition' place is, in the case of a stuffed animal, is regarded inter alia as the date when a when it is acquired under Article 8(3)(b).
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In the case of stuffed animals, there is also and in Article 2(w) of the date of significant alteration within the Regulation N o 338/97, the term 'acquire' meaning of Article 2(w). This lies between used in those provisions must be given a the date of removal from the wild and the broad interpretation. date w h e n the already w o r k e d , t h a t is stuffed, animal is acquired.
In the case of stuffed animals, acquisi- tion — prohibited under Article 8(1) — 55. Since, however, provisions on exemp- can therefore take place only after removal tion cannot be given a broader scope than from the wild and the subsequent working. the rules for which they lay down an exemption, Article 8(3)(b) and Article 2(w) of Regulation N o 338/97 cannot permit any more actions than are prohibited under Article 8(1).
52. Acquisition within the meaning of Article 8(1) must therefore be distinguished from acquisition under Article 8(3)(b) of Regulation N o 338/97 firstly with respect to the date of acquisition.
56. As can be seen from the list of actions that are prohibited under Article 8(1), the crucial factor is introduction to personal 53. The second distinction lies in the fact possession. Ownership does not have to be that the exemption under Article 8(3)(b) acquired, nor is mere possession sufficient. and under Article 2(w) of Regulation N o 338/97 relates only to acquisition, whilst the prohibition laid down in Article 8(1) mentions 'acquisition' as just one of several prohibited actions. In addition, as far as the 'acquisition' men- tioned in Article 8(1) is concerned, only 'acquisition for commercial purposes' is prohibited. 57. The term 'acquire' in Article 8(3)(b) and in Article 2(w) of Regulation N o 338/97 covers all forms of acquisition of owner- ship. For those Member States that dis- tinguish between the underlying title under the law of obligations and the property law 54. Since there is no precise definition of aspect, a specific title is not important. the term 'acquire' used in Article 8(3)(b) Acquisition by inheritance, as a legacy or
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bequest, or by gift is therefore also covered, VI — The third question as are, for example, purchase and barter.
A — Main submissions of the parties 58. Keeping for sale or display to the public, which is prohibited under Article 8(1), would also be permitted under Article 8(3)(b) if it began before the com- mencement of the period of 50 years. 61. The Italian Government considers that, because the first question is to be answered in the negative, it is not necessary to answer the other questions.
59. It can also be seen from a comparison with the original Commission proposal, 5in which lawful acquisition was still required, that the Community legislature did not 62. With regard to the third question, the intend to impose any strict requirements on Commission, which deals with this ques- acquisition in general. tion together with the second question, takes the view that it is unimportant whether the present owner or a former owner took possession.
60. The answer to the second question must therefore be that Article 8(3)(b) of Regulation No 338/97 is to be interpreted 63. With regard to the period of 50 years as meaning that the specific form of after the date of acquisition, the Commis- acquisition is unimportant, but that any sion states that under CITES it is to be taking into possession is sufficient. assessed from the entry into force of that convention, that is from 1 July 1975. Under Regulation No 338/97, on the other hand, 5 — Sec Article 2(a) and Article 18(b) of the Commission proposal for a Council Regulation (EEC) laying down the entry into force of that regulation is to provisions with regard to possession of and trade in specimens of species of wild fauna a n d flora of be used, which — counted back — gives 11 November 1991 (OJ 1992 C 26, p. 1). 3 March 1947.
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B — Assessment 67. This means that the exemption in Article 8(3)(b) of Regulation N o 338/97 applies only where the 50-year period has elapsed with reference to two events, the significant alteration and the acquisition. 64. The third question concerns the issue of who benefits from the exemption laid down in Article 8(3) of Regulation N o 338/97, that is to say who must have acquired the specimen. In particular, the question arises whether only the present owner can have acquired the specimen within the meaning 68. It should also be stressed that the of the provision or whether a former owner 50-year period under that provision does may also do so. not have to run from the last acquisition that has taken place. Rather, the date is not calculated separately for each acquisition, which would amount to a minimum period of possession, but there is one reference date that applies to all cases, 3 March 1947. Significant alteration and acquisition must 65. As has already been explained in con- be before that date. nection with the second question, the legal definition of the date of acquisition in Article 1 of Regulation N o 939/97, under which the relevant date is the date on which the specimen was removed from its natural surroundings, does not apply to stuffed animals. 69. That does not mean, however, that all acquisitions of a stuffed animal must be before the reference date, but only the first acquisition. The exemption therefore also covers specimens which were first acquired before 3 March 1947, but which were 66. The definition of 'worked specimens subsequently acquired a further time. that were acquired more than 50 years p r e v i o u s l y ' i n A r t i c l e 2 ( w ) of Regulation N o 338/97 is to be used. According to that definition, specimens are covered 'that were significantly altered from their natural raw state... more than 50 years before the entry into force of this 70. Consequently, specimens acquired for regulation and that have been, to the the first time before 3 March 1947 do satisfaction of the management authority not fall within the scope of the prohibition of the Member State concerned, acquired in l a i d d o w n in A r t i c l e 8 ( 1 ) of such conditions'. 6 Regulation N o 338/97. If they were pur- chased, inherited or — in accordance with the proposed answer to the first ques- 6 — Our emphasis. tion — acquired in some other way, they
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may therefore also be acquired further are to be interpreted as meaning that not- times after that date. only the owner who acquired the worked specimen more than 50 years before the entry into force of the regulation is covered.
7 1 . If, h o w e v e r , Article 2(w) of Regulation No 338/97 were interpreted to the effect that any acquisition had to be before the reference date, that would mean that old objects could no longer be VII — The fourth question acquired at all after the reference date.
72. If the exemption laid down in A — Main submissions of the parties Article 8(3) did not apply, this would mean that the prohibition laid down in Article 8(1) did apply. Not only would stuffed animals that are more than 50 years old be excluded from business dealings, but 75. The Italian Government considers that, any possession by a further owner would because the first question is to be answered also be prohibited. Such a prohibition in the negative, it is not necessary to answer would therefore also apply to persons the other questions. who merely inherited the object or to whom it was given.
76. In the view of the Commission, 73. As the Commission rightly states, it is Article 32 of Regulation No 1808/2001, for the national authorities to ascertain and under which no certificate is required in to prove the date, inter alia, of the first certain cases, has amended Article 8(3) of acquisition. Regulation No 338/97, which still provided for the issuance of a certificate. There is no inconsistency between Article 32 of Regu- lation No 1808/2001 and Article 2(w) of Regulation No 338/97, because this provi- sion merely requires the specimens to be acquired, to the satisfaction of the manage- 74. The answer to the third question must ment authority, in certain conditions. The therefore be that Article 2(w) and Commission also makes reference to Article 8(3)(b) of Regulation No 338/97 Article 29 of Regulation No 1808/2001.
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B — Assessment as d e f i n e d in A r t i c l e 2(w) of Regulation No 338/97.
77. It should first be pointed out that, under Article 45 thereof, Regulation No 1808/2001 entered into force on the third day following its publication on 19 September 2001. 81. However, those provisions are without p r e j u d i c e t o A r t i c l e 2 ( w ) of Regulation No 338/97. Thus, the require- ment laid down therein, under which the specimen must, to the satisfaction of the management authority, be acquired in the conditions laid down in the regulation, also 78. However, the facts of the main pro- continues to apply. The management auth- ceedings concern circumstances that had ority may therefore continue to exercise already occurred in July and August 1998. supervision. This 'satisfaction', which is prescribed in Article 2(w), is even a requirement for the application of the exemption under Article 8(3) of Regulation No 338/97.
79. Regulation No 939/97 is therefore still applicable to the main proceedings. Article 32 of that regulation provides that the requirement that the exemption is to be granted by the issuance of a certificate does not apply to specimens that were acquired 82. The management authority must still more than 50 years previously as defined in therefore be given the opportunity to Article 2(w) of Regulation No 338/97. ascertain, to its satisfaction, that the speci- mens in question were acquired under the circumstances provided for in Article 2(w). The requirement to give the management authority such an opportunity applies to those who rely on the exemption. In this connection, the Commission rightly 80. The provisions on exemption laid refers to Article 29(1) of down in Article 32 of Regulation Regulation No 1808/2001. Under that No 1808/2001 and Article 32 of Regu- provision, the exemption laid down in lation No 939/97 therefore amend Article 8(3)(b) of Regulation No 338/97, Article 8(3) of Regulation No 338/97 in which is relevant to the present case, is only so far as no certificate is required any granted 'when the applicant has satisfied longer for worked specimens that were the competent management authority that acquired more than 50 years previously the conditions referred to therein are met'.
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83. The answer to the fourth question must not require the issuance of a certificate, it t h e r e f o r e be t h a t Article 32 of does require the specimens in question to Regulation No 1808/2001 and Article 32 have been, to the satisfaction of the man- of Regulation No 939/97 are to be inter- agement authority, acquired under the preted as meaning that, whilst the exemp- circumstances provided for in Article 2(w) tion laid down in Article 8(3) and of Regulation No 338/97. Article 2(w) of Regulation No 338/97 does
VIII — Conclusion
84. In the light of the foregoing, it is proposed that the Court give the following answers to the questions referred for a preliminary ruling:
(1) Article 2(w) and Article 8(3)(b) of Council Regulation (EC) N o 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein are to be interpreted as meaning that stuffed animals listed in Annex A to that regulation fall within the definition of 'worked specimens', provided they require no further carving, crafting or manufacture.
(2) Article 8(3)(b) of Regulation N o 338/97 is to be interpreted as meaning that the specific form of acquisition is unimportant, but that any taking into possession is sufficient.
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(3) Article 2(w) and Article 8(3)(b) of Regulation No 338/97 are to be interpreted as meaning that not only the owner who acquired the worked specimen more than 50 years before the entry into force of the regulation is covered.
(4) Article 32 of Commission Regulation (EC) No 939/97 of 26 May 1997 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein and Article 32 of Commission Regulation (EC) No 1808/2001 of 30 August 2001 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein are to be interpreted as meaning that, whilst the exemption laid down in Article 8(3) and Article 2(w) of Regulation No 338/97 does not require the issuance of a certificate, it does require the specimens in question to have been, to the satisfaction of the management authority, acquired under the circumstances provided for in Article 2(w) of Regulation No 338/97.
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