Summary title: Petition No 0853/2017 by Matthew Spiegl (American), on behalf of the Free Morgan Foundation, bearing 5 signatures, on alleged noncompliant implementation and infringement of Council Regulation (EC) 338/97
Petition number: 0853/2017
Topics: Environment, Animal Welfare
Country: European Union
Name of association: Free Morgan Foundation (The Netherlands)
Name: Matthew Spiegl
The petitioner, who acts on behalf of a Dutch registered NGO (Free Morgan Foundation), claims that the European Commission has failed to accurately transpose and implement some provisions of Regulation (EC) 338/97 on the protection of the species of wild fauna and flora by regulating trade therein. In particular, the petitioner claims that the provisions relating to the control of commercial activities concerning the protected species (Article 8(1) and Article 8(3) of Regulation (EC) 338/97) have not been properly transposed in the two implementing Regulations (EC) 865/2006 and (EU) 792/2012. As a result, the petitioner claims that all specimens of species listed in Annex A of Regulation (EC) 338/97 have been exposed to potential unauthorised commercial exploitation, in contravention of Article 8(1) and 8(3) of the Regulation. The petitioner therefore requests that the Commission issues a “Guidance Document” and adopts a new standardised “Exemption Certificate” as foreseen in Article 8(3) of Regulation (EC) 338/97.The petitioner also refers to alleged cases of infringements of Regulation 338/97 by two Member States, in relation to wild-born orca Morgan which would have been subject to unauthorized commercial exploitation, in contravention of Articles 8(1) and 8(3) of Regulation (EC) 338/97.