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Ilona Jančářová

Convention on the international trade in
endangered species of wild flora and fauna
Washington D.C. 1973
Council Decision (EU) 2015/451 of 6 March 2015
concerning the accession of the European Union
to the Convention on International Trade in
Endangered Species of Wild Fauna and Flora
(CITES)
INTERNATIONAL
BACKGROUND

 CITES
 Seals
 Cetaceans
 Fury animals
EU LEGISLATION ON
TRADE
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CITES:
Council Regulation (EC) No 338/97 on the
protection of species of wild fauna and flora by
regulating trade therein, as amended
 Commission Regulation (EC) No 865/2006 laying down
detailed rules concerning the implementation of
Regulation 338/97, as amended
 Commission implementing Regulation (EU) 2017/1915
prohibiting the introduction into the Union of
specimens of certain species of wild fauna and flora
EU LEGISLATION

4 different protection regimes:
 Annex A - corresponds to Appendix I of CITES
 Annex B - Appendix II of CITES
 Annex C - Appendix III of CITES
 Annex D - contains species which are not listed in
CITES Appendices
wider scope than CITES
Regulation (EC) No 338/97

 ‘Specimen’ shall mean any animal or plant, whether alive
or dead, of the species listed in Annexes A to D, any part or
derivative thereof, whether or not contained in other goods, as
well as any other goods which appear from an
accompanying document, the packaging or a mark or
label, or from any other circumstances, to be or to contain
parts or derivatives of animals or plants of those species,
unless such parts or derivatives are specifically exempted
from the provisions of this Regulation or from the
provisions relating to the Annex in which the species
concerned is listed by means of an indication to that effect
in the Annexes concerned.
Regulation (EC) No 338/97
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 1. The purchase, offer to purchase, acquisition for commercial purposes, display 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.
 2. Exemption from the prohibitions referred to in paragraph 1 may be granted by
issuance of 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
provisions relating to species listed in Appendix I to the Convention or in Annex
C1 to Regulation (EEC) No 3626/82 or in Annex A became applicable to the
specimens; or
 (b) are worked specimens that were acquired more than 50 years previously; or
 (c) were introduced into the Community in compliance with the provisions of this
Regulation and are to be used for purposes which are not detrimental to the
survival of the species concerned; or
 (d) are captive-born and bred specimens of an animal species or artificially
propagated specimens of a plant species or are parts or derivatives of such
specimens; or
Art. 8 of Regulation 338/97
 ‘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 instruments, 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 specimens
shall be considered as worked only if they are clearly in one of the
aforementioned categories and require no further carving, crafting or
manufacture to effect their purpose;
 purchase of a mounted brown bear in 1998
 exemption from the prohibition – just certificate is needed if the
specimen was acquired more than 50 years previously
C – 154/02
Definition of acquisition

 ‘trade’ shall mean the introduction into the Community,
including introduction from the sea, and the export and
re-export therefrom, as well as the use, movement and
transfer of possession within the Community, including
within a Member State, of specimens subject to the
provisions of this Regulation;
 ‘transit’ shall mean the transport of specimens between
two points outside the Community through the territory
of the Community which are shipped to a named
consignee and during which any interruption in the
movement arises only from the arrangements necessitated
by this form of traffic;
Regulation (EC) No 338/97
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Introduction into the EU of specimens of species listed in
Annex A
 Import permit:
 Export permit or re-export certificate
 Introduction would not have harmful effect on the
conservation status of species
 Accommodation for a live specimen is adequately
equipped
 The specimen is not used for primarily commercial
purposes
 The risk of injury, damage to health or cruel treatment
will be minimized
Regulation (EC) No 338/97
Introduction into the EU of specimens of species listed
in Annex B
 Import permit:
 Export permit or re-export certificate
 Introduction would not have harmful effect on the
conservation status of species
 Accommodation for a live specimen is adequately
equipped
 The risk of injury, damage to health or cruel treatment
will be minimized
 The specimen may be used for commercial purposes!
Regulation (EC) No 338/97

Introduction into the EU
of specimens of species
listed in Annex C
 Import notification Sea eagle
 Export permit / re-export certificate / certificate of origin
Regulation (EC) No 338/97
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
Introduction into the EU of specimens of species
listed in Annex D
 import notification
Dendrolagus goodfellowi
Regulation (EC) No 338/97

Restrictions on the introduction to the EU:
 Macaca fascicularis from Laos;
 Kinyongia fischeri and Kinyongia tavetana from Tanzania;
 Trioceros quadricornis from Cameroon;
 Hippocampus algiricus from Guinea and Senegal;
 Ornithoptera priamus from Solomon Islands (wild and ranched
specimens)
 Pandinus imperator (ranched specimens) from Ghana;
 Phelsuma borai, Phelsuma gouldi, Phelsuma hoeschi and Phelsuma
ravenala from Madagascar.
IMPLEMENTING REGULATION (EU) 2017/1915
prohibiting the introduction into the Union of
specimens of certain species of wild fauna and
flora

Export or re-export from the EU
Export permit/re-export certificate
Conditions:
 No harmful effect on the conservation status
 Specimens were legally obtained
 Risks of injury during the shipment are minimized
 Other requirements are met
Derogations from conditions (Art. 5(6))
Regulation (EC) No 338/97
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
 Derogations (Art. 7)
1. Specimens of Annex A species born and
bred in captivity or artificially propagated
treated as Annex B species
2. Transit
3. Personal and household effects
4. Scientific institutions
Regulation (EC) No 338/97
 MS have a duty to prohibit the purchase, offer to
purchase, acquisition for commercial purposes, display 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 Derogation from the prohibition based
on certificate (Art. 8(3))
 The prohibition applies to Annex B species which were
not acquired legally how in the light of
presumed innocence, may a keeper of animals listed in
Annex B prove satisfactorily that his specimens were
acquired in accordance with the legislation? (C- 344/08)
Regulation (EC) No 338/97
Other requirements
 Movement of live specimens within the EU based on
prior authorization (Art. 9)
 Designation of custom offices with trained staff (Art. 12)
 Notification/reporting requirements (to the Commission)
 Duty to designate management authority with primary
responsibility for implementation of this Regulation and
for communication with the Commission
 Duty to designate one or more scientific authorities with
appropriate qualifications (Art. 13)
Regulation (EC) No 338/97
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Enforcement
 duty to monitor and ensure compliance
 take appropriate measures to ensure the imposition
of sanctions for infringements of the Regulation
 seizure/confiscation of specimens
 refusal to accept the shipment and return of the
specimen to its place of departure
 fine
 illegal trade in endangered species is a crime!
Regulation (EC) No 338/97


 Council Directive 83/129/EEC concerning the
importation into Member States of skins of certain seal
pups and products derived therefrom
 Regulation (EC) No 1007/2009 of the European
Parliament and of the Council on trade in seal products.
 harmonize existing national rules regarding the placing
on the European Union (EU) market of seal products
 protection of certain seal species
 protection of seal pups against non-traditional hunting.
SEALS REGULATION
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
 Seal - specimens of all species of pinnipeds.
 Seal product - all products, either processed or
unprocessed, deriving or obtained from seals,
including meat, oil, blubber, organs, raw fur skins
and fur skins, tanned or dressed, including fur skins
assembled in plates, crosses and similar forms as
well as articles made from seal fur skins.
 Inuit - indigenous members of the Inuit homeland,
namely those arctic and subarctic areas where Inuit
have aboriginal rights and interests, recognised by
Inuit as being members of their people.
Regulation (EC) No 1007/2009
Prohibition of the trade in seal products
The marketing of seal products is only allowed when
they:
 result from seal hunts traditionally conducted by
Inuit and other indigenous people
 result from by-products of hunting that is regulated
by national law, undertaken solely for the purpose of
the sustainable management of marine resources.
 the placing on the market is only allowed on a nonprofit
basis.
Regulation (EC) No 1007/2009

The import of seal products for non-commercial
reasons is allowed where:
 it is of an occasional nature and consists exclusively
of goods for the personal use of travelers or their
families.
Reporting requirements
Regulation (EC) No 1007/2009
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Regulation (EEC) No 348/81 on common rules for imports
of whales or other cetacean products
Conservation of cetacean species
 restrictions on international trade
 licences for products listed in the Annex
 products to be used only for non commercial purposes
WHALES REGULATION
Fury animals
 Council Regulation (EEC) No 3254/91 prohibiting
the use of leghold traps in the Community and the
introduction into the Community of pelts and
manufactured goods of certain wild animal species
originating in countries which catch them by means
of leghold traps or trapping methods which do not
meet international humane trapping standards
 Commission Regulation (EC) No 35/97 of 10
January 1997 laying down provisions on the
certification of pelts and goods covered by Council
Regulation (EEC) No 3254/91
EU LEGISLATION

 Regulation 3254/91
 to abolish the use of legholds traps to catch and kill
certain species of animals
 Annex I - list of species (beaver, otter, wolf and others)
 prohibition of introduction into the EU of the pelts of
the animal species listed in Annex I
LEGHOLD TRAP REGULATION