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CITES Regulation: amendments to the Regulation (EC) n. 338/97

The Council Regulation (EC) N. 338/97 of 9 December 1996 is the numerously amended Community law through which the rules of the Washington Convention of 1975 on the International Trade in endangered Species of wild fauna and flora, better known as "CITES" , have been transposed - starting from 1th January 1984 - within the Community legal system (see our article). It lists the animal and vegetable species whose commerce is subject in the EU to particular restrictions or controls. Such specimen are indicated in a special Annex to the aforementioned Regulation. Starting from 22 May 2009, said Annex is replaced by the relevant Annex to the Commission Regulation (EC) N. 407/2009 of 14 May 2009.

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AEO: the Italian customs administration clarifies what codes must be specified in the demand for the access to the status

With Notice Prot. 66938 of 12 May 2009, the Italian Customs Agency specifies that due to the modifications applied by the European Commission to the AEO Community System, the economic operators presenting a demand for the granting of an AEO Certificate (see the Annex 1 to Reg. 1875/2006), must indicate in the box n. 12 ("Economic sector of Activity") the code of the activity corresponding to the economic activity carried out by them. Such codes are listed in an Annex to the Notice.

Where the applicant carries out more than an activity falling within the above codes, he can indicate in the demand more codes.

Starting from 12 May 2009, therefore, the customs Agency will reject demands of request of the AEO certificate without the indication of the above codes.

Amendments to the Explanatory Notes to the Combined Nomenclature of the European Communities

With the Communication 2009/C 105/01, the European Commission informs economic operators that the Explanatory Notes to the Combined Nomenclature (CN) to the European Communities have been amended according to Article 9, paragraph 1, point a), second indent, of the Council Regulation (EEC) n. 2658/87, of 23 July 1987 (on the tariff and statistical nomenclature and on the Common Customs Tariff).

This Article allows the European Commission, in accordance with the Customs Code Committee procedure (Tariff and Statistical Nomenclature Section), to adopt implementing measures concerning, among other things, the Explanatory Notes to the CN.

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Drug precursors: amendments to the Annex IV of Regulation (EC) n. 1277/2005

The Italian customs Agency, supplementing the notice n. 32/D of 3 August 2005 (concerning the proper application of the discipline on drug precursors and basic chemical products trade), informs with the new Notice N. 12/D of 30 April 2009, that in the Official Journal of the European Union of 9 April 2009, L 95, the Commission Regulation (EC) n. 297/2009 of 8 April 2009 (annexed to the notice) has been published. Such a Regulation has amended the Annex IV of Regulation (CE) n. 1277/2005, listing those third Countries currently requiring special monitoring measures on the export from the Community towards their territory of drug precursors.

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New restritions established by the EU Commission to the introduction into the Community of certain species of wild fauna and flora

The Washington Convention on the International trade in Endangered Species of Wild Fauna and Flora, better known as "CITES", is entered into force in 1975 (currently 175 Countries are Parties) with the aim of safeguarding from the danger of extinction a list of 25.000 vegetable species and 5.000 animal species. Moreover, the Convention establishes a rigid regulation system of monitoring of the trade of animals, both living and dead, as well of their parties or derivatives, in order to prevent extreme commercial deployment and the desrtuction both of the species and their natural habitat. Such objective is realized through a complex system of import/export licences, authorizations and certifications falling within the competence of national authorities (in the majority of cases these are the local Ministries for the Environment or Agriculture).

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