Table of Contents
Endangered species of wild fauna and flora (CITES)
The aim of this Regulation is to ensure the protection and conservation of endangered species of wild fauna and flora, through the control of trade in these species by establishing conditions for their importation, exportation or re-exportation and on their movement within the European Union (EU), in accordance with the CITES 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
This Regulation applies in compliance with the objectives, principles and provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). It establishes a list of endangered species in four annexes (A, B, C and D). The degree of protection and the nature of commercial measures that apply to the species concerned vary according to the Annex in which the species are listed.
Under this Regulation, common conditions apply to:
- the issue, use and presentation of documents for the import, export or re-export of specimens of the species covered by the Regulation. Without prejudice to any stricter measures which may be taken by Member States, these documents are valid throughout the Community;
- the sale or any other commercial transaction of specimens of the species listed in Annex A within the Community.
Introduction into the Community
Importation of specimens of endangered species is subject to:
- the presentation of an import permit issued by a management authority of the Member State of destination or an import notification; and
- completion of the necessary checks.
The Commission may at any time impose general import restrictions, or restrictions relating only to certain countries of origin; it publishes a list of such restrictions regularly in the Official Journal of the European Union.
Export or re-export outside the Community
The export or re-export of specimens of endangered species is subject to:
- the presentation of an export permit or re-export certificate issued by a management authority of the Member State in which the specimens are located; and
- completion of the necessary checks.
Rejection of requests for permits and certificates
When a Member State rejects an application for a permit or certificate, it immediately informs the Commission which, in turn, will be responsible for informing the other Member States.
Derogations
The Regulation establishes derogations for specimens born and bred in captivity or artificially propagated, for specimens in transit and for specimens forming part of personal and household effects or destined for scientific institutions.
Provisions relating to the control of commercial activities
The purchase of or trade in specimens of species in Annex A is prohibited.
Member States may also prohibit the holding of specimens of species in Annex A.
Movement of live specimens
The movement within the Community of live specimens of a species listed in Annex A is subject to prior authorisation from a management authority of the Member State in which the specimen is located.
The movement within the Community of live specimens of a species listed in Annex B is subject to compliance by the recipient with rules on animal protection (adequate housing and care).
The Commission may at any time impose restrictions on the holding or movement of live specimens of species in respect of which restrictions on introduction into the Community have been established.
Places of introduction and export
Member States must:
- designate customs offices for carrying out the checks and formalities for the species covered by the Regulation. A list of these offices is published in the Official Journal of the European Union;
- designate the management authorities and the scientific authorities responsible for implementation of the Regulation. A list of such authorities is published in the Official Journal of the European Union;
- monitor compliance with the provisions of the Regulation and penalise infringements.
Communication of information
The Regulation introduces a system for the exchange of information between the various authorities concerned with the implementation of the Regulation: the Member States, the Commission, the CITES Secretariat, etc.
The Member States draw up annual reports detailing the volume of trade in specimens covered by the Regulation. Every two years, they draw up detailed reports on the implementation and application of the Regulation.
Background
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was signed in Washington on 3 March 1973 and entered into force on 1 January 1975. It currently has 175 parties.
The CITES text was amended in 1983 to allow regional economic integration organisations such as the European Community to become parties to the Convention (Gaborone amendment). However, not enough parties have ratified the amendment for it to enter into force. Accordingly, the Community position at CITES conferences is represented by the EU Member States acting jointly from a position established by the Council.
References
| Act | Entry into force | Deadline for transposition in the Member States | Official Journal |
| Regulation (EC) No 338/97 | 1.3.1997 | – | OJ L 61 of 3.3.1997 |
| Amending act(s) | Entry into force | Deadline for transposition in the Member States | Official Journal |
| Regulation (EC) No 1497/2003 | 30.8.2003 | – | OJ L 215 of 27.8.2003 |
| Regulation (EC) No 1882/2003 | 20.11.2003 | – | OJ L 284 of 31.10.2003 |
| Regulation (EC) No 834/2004 | 19.5.2004 | – | OJ L 127 of 29.4.2004 |
| Regulation (EC) No 1332/2005 | 22.8.2005 | – | OJ L 215 of 19.8.2005 |
| Regulation (EC) No 398/2009 | 10.6.2009 | – | OJ L 126 of 21.5.2009 |