Workshop reader. 1. Trainers professional experience in brief

Transcription

1 Workshop reader Technical assistance workshop on EU Regulation on the protection of species of wild fauna and flora by regulating trade 24 June 2013, Podgorica, Montenegro 1. Trainers professional experience in brief Surname: Bezuh Name: Katica Date of Birth: 04/07/1959 Nationality: Croatian Education: Graduated Engineer, B.Sc. (Geology); graduated on University of Zagreb, Faculty of Mining, Geology and Petrolium Engineering Year of professional experience: 23 years of professional experience Name: Katica Bezuh Current Position & Organization: Senior inspector in Sector for Nature protection inspection Contact: Ministry of Environment and Nature Protection Republike Austrije 14, Zagreb, CROATIA tel , mob fax Katica.bezuh@mzoip.hr Currently I am working as Senior Inspector in Sector for Nature Protection Inspection, specialised for improvement of work of inspector and rangers in nature protected area. As an inspector I am authorised to perform control of all activities in nature protected areas, handling, keeping and collecting of protected animals and plants, also trade with endangered species. During performing my tasks, I had many cases of seizure, confiscation and taking action in relation to CITES species as well as for our native species. Of last four years I was also responsible for the promotion and improvement of inspection services and rangers by organising educations, workshops, trainings and I am responsible for the professional exam. I am also responsible for the development of international and regional cooperation related to the nature conservation. Since I have been working on jobs in the state service to the nature conservation. During this period I was in position of Head of Section of nature protection inspection, later as a Chief inspector of nature protection and Head of Nature Protection Inspection Department. I have participated in numerous trainings and educations, such as: "Integrated Border Interagency Cooperationtraining CARDS IBM."; participate in the preparation and implementation of TAIEX - Workshop "Marking and handling CITES species and transboundary movement". Participate in the preparation and implementation of the project "Implementation of Environmental Acquis Relating to the Protection of Wild Species by Trade Regulation" (MATRA) Page 1 of 40

2 and in the preparation of CITES Manual. Since 2004 I have status of Trainer for Trainers (Certificate IPA 18/03/04), and since 2008 status of Trainer for implementing environmental acquis regarding wildlife trade (CITES). I was representative of the Republic of Croatia in EU informal GreenForce network. Currently I am one of representatives of the Republic of Croatia in Wildlife Trade Enforcement Group. Also I am s member of core project team of Building up IMPEL nature conservation capacities. Professional background: Surname: Czirák Name: Zoltán Date of Birth: 30/06/1970 Nationality: Hungarian Education: Biologist Year of professional experience: 17 years of professional experience Name: Zoltan Czirak Current Position & Organization: CITES Scientific Authority Ministry of Rural Development Strategic Department Biodiversity and Gene Conservation Unit CITES Management Authority Contact: Address: Kossuth tér 11. H-1055 Budapest, Phone: Fax: zoltan.czirak@vm.gov.hu: My Resposibilities include the task of CITES Scientific Authority (since 1998), the CMS national focal point of Hungary (since 2008), the AEWA national focal point of Hungary (since 2003), the Bern Convention national focal point (since 2003), IWC Commissioner of Hungary (since 2010): I am also working on Animal Welfare issues relating captive specimens of wild species (since 1998) and tasks related to Hungary s European regional representative status in the CITES Standing Committee In these tasks, inter alia responsible for CITES scientific issues, the tasks related to Hungary s EU accession, preparing legislation relating CITES, Birds and Habitats Directives, supervising activities of the regional CITES authorities, training of enforcement officials, etc. Surname: Kőrösi Name: Levente Date of Birth: 09/08/1972 Nationality: Hungarian Education: Agricultural Engineer Year of professional experience: 19 years of professional experience Page 2 of 40

3 Name: Levente Kőrösi Current Position & Organization: deputy head of department Ministry of Rural Development Strategic Department Biodiversity and Gene Conservation Unit CITES Management Authority Contact: Address: Kossuth tér 11. H-1055 Budapest, Phone: Fax: levente.korosi@vm.gov.hu As the head of the Biodiversity and Gene Conservation Unit, I am responsible for the implementation of international biodiversity-related conventions (CITES, CBD, CMS, Bern Convention, IWC, ITPGRFA), for agrobiodiversity matters, supervising gene banks and state activities related to the protection and utilisation of genetic resources, GMOs, including the tasks of the gene technology authority, since CITES CoP16, for tasks related to Hungary s European regional representative status in the CITES Standing Committee. I have been working with CITES implementation since Since then I have been involved in preparation of legislation, permitting, registration, enforcement (making checks, seizures, confiscation), cooperation with other relevant bodies, including NGOs, training officials and in international cooperation and communication. Page 3 of 40

4 This page was intentionally left blank Page 4 of 40

5 2. Learning objectives After completing this course participants will be able to distinguished main steps in process of implementation the EU WTR and be able to apply in similar process of implementation in Montenegro. They will understand the main differences between the EU WTR and CITES provisions. The participants will be introduced with process of implementation of EU WTR in Croatia and also in problems and obstacles. Because of quite a long process of accession to EU, Croatia has a lot of experience in harmonization with CITES and EU WTR what will be shared with Montenegrin participants. Hungary has been a Party to CITES for a long time and has a nine years of experience in implementing the EU requirements. Participants will be introduced into the development of the Hungarian legislation and will receive strategic recommendations in relation to the transposition of these provisions. The participants will understand requirements that should be transposed in national legislation. Also they will be able to avoid mistakes and problems in performing the enforcement in real situations and find out better solution for particular cases. 3. Training abstract 3.1 Main differences between the EU wildlife trade regulations and CITES provisions Several provisions in the EU Wildlife Trade Regulations (EU WTR) go beyond CITES in a number of respects. These differences step by step: Color coding These measures have been implemented prior to Accesssion in Hungary. These measures have not been implemented prior to Accesssion in Hungary. SPECIES COVERED The original three CITES Appendices are replaced by four Annexes in the EU WTR. These are as follows: Annex A - All CITES Appendix I species for which the Member States have not entered a reservation. - Several CITES Appendix II and III species, for which the EU has adopted stricter domestic measures. - Some non-cites species Currently there is no Apppendix I species which any MSs have entered a reservation to, therefore all Appendix I species are in Annex A. In case of Appendix II or III species the main criteria for their inclusion in Annex A are the following: the species is extremely rare therefore any low level of trade may be detrimental for its conservation status, such as Mauritius Warbler or Madagascar Serpent Eagle. Page 5 of 40

6 the species is protected from threat of any trade by the Birds Directive (all European species which are not listed in Annex III of this Directive) and Habitats Directive (species which are listed in Annex IV of this Directive), such as Red-breasted Goose, Brown bear, Wolf or Lynx the species or genus has several subspecies or species in Appendix I, such as Asiatic Wild Ass or Vini lories. Non-CITES Species: the species is extremely rare therefore any low level of trade may be detrimental for its conservation status, such in the case of Abessinian Wolf, Greater Adjutant Stork or Latifi Viper. Annex B - All other CITES Appendix II species for which the Member States have not entered a reservation. - Some CITES Appendix III species, for which the EU has adopted stricter domestic measures. - Several non-cites species Currently, there is no Apppendix II species for which any MSs have entered a reservation, therefore all Appendix II which are not in Annex A, are in Annex B. In case an Appendix III species may be threatened by unsustainable trade and some import restriction may be warranted, the EU can adopt stricter domestic measures. Now, one Appendix III species, the Walrus is included in Annex B. The main reasons when a non-cites species is subject to an adopted stricter domestic measure: species may be threatened by unsustainable international trade and some import restriction may be warranted. Now, some species such as Goliath Frog, Timor Sparrow and several butterfly species are included in Annex B. species for which it has been established that the introduction of live specimens into the natural habitat of the Community would constitute an ecological threat to wild species of fauna and flora indigenous to the Community (Invasive alien Species IAS). Currently, there are seven IAS are listed in Annex B. Annex C - All other CITES Appendix III species for which the Member States have not entered a reservation. At this time, seven Apppendix III taxa for which MSs have entered a reservation, all other Appendix III which are not in Annexes A and B, remain in Annex C. Non-CITES species cannot be listed in Annex C! Annex D - Some CITES Appendix III species for which the EU holds a reservation - Several non-cites species Seven Apppendix III taxa (three indian subspecies of red fox and four asiatic mustelids) for which MSs have entered a reservation. (Enter a reservation for these after accession is obligatory!).non-cites species which are not listed in Annexes A to C, but which are imported into the Community in such numbers as to warrant monitoring. The decision to include a species into this Annex is taken by the Management Committee on the basis of a proposal by the Commission and after consultation of the Scientific Review Group. Data for import of Annex D species is compiled yearly by UNEP-WCMC and can be consulted on this website. If the data gives rise to serious conservation concerns, inclusion of a species into Page 6 of 40

7 Annex B may be considered. The only case wjere this pőrocedure was used was of the Timor Sparrow. Currently 127 species are included in Annex D. IMPORT CONDITIONS a) Import permit or notification is required! As the EU is one of the main market of products which are originated from wild species, the import conditions are especially important elements of the EU WTR. One of the most important stricter domestic element of the EU law, that an import permit is required not only for Annex A, but for Annex B species too, to be applied for at the competent authorities in the Member State. Furthermore, an import notification is required for Annex C and Annex D species. An import notification is a declaration filled in by the importer and to be submitted, in case of Appendix III species together with CITES documents from the (re-)exporting country, to the customs office of introduction into the Community. b) Stricter conditions for issuing the import permits For species in Annexes A and B import conditions are stricter than under CITES: The import can be allowed only, when: the Commission has not established an import restriction in accordance with Article 4.6 of Regulation 338/97. (see next point.) in case of Annex A specimens, the Management Authority is satisfied that the specimens are not to be used for primarily commercial purposes i.e. will be used for purposes of which the non-commercial aspects clearly predominate Scientific Authority has advised the Management Authority of its finding (after considering possible opinion of the Scientific Review Group) that: Page 7 of 40

8 - import would not have a harmful effect on the conservation status of the species or decrease the population concerned OR (in the case of Annex A specimens only): - import is under exceptional circumstances required for the advancement of science or for essential biomedical purposes; species is the only one suitable and there are no captive bred animals OR - specimens are intended for captive breeding (animals) or propagation (plants) from which conservation benefits will accrue to the species concerned OR - specimens are intended for research or education aimed at the preservation or conservation of the species (Regulation (EC) 338/97 Article 4.1.a.ii, first indent) - or the import is for other purposes that are not detrimental to the survival of the species concerned. Management Authority in consultation with the Scientific Authority are satisfied that there are no other conservation factors against import. Scientific Authority is satisfied that intended accommodation for live animals/plants at the place of destination is adequately equipped to conserve and care for them properly. Applicant to provide documentary evidence that specimens were obtained in accordance with legislation on the protection of the species: for CITES specimens an export permit or re-export certificate, or copy thereof. Where a copy of an export permit or re-export certificate was the basis for the issue of an import permit, the latter shall only be valid if at the time of introduction it is accompanied by the valid original (re-) export document. IMPORT RESTRICTIONS Further stregthens the EU law, that WTR provides the Commission with the possibility to establish import restrictions with regard to certain species/countries combinations. The procedure is relatively complicated and contains the following steps: 1. A Scientific Authority advises its Management Authority not to issue an import permit because it is of the opinion that one or more of the above import conditions are not met (or the Scientific Review Group decides at one of its meetings that this is the case). 2. The authorities in the other Member States are immediately informed of this advice and suspend the issue of import permits until a restriction is established or not. Due to the absence of internal border controls, it is essential that any import restrictions are applied throughout the Community. 3. The opinion of other Scientific Authorities of EU Member States is sought (if the case has not yet been discussed at the SRG meeting). If a non-detriment finding is made, the Scientific Review Group forms a Positive Opinion and imports can be resumed. If the initial opinion is confirmed, the Scientific Review Group forms a Negative Opinion. For as long as this opinion is in place Member States will normally reject all permit applications for the species/countries in question. Periodically all opinions are reviewed by Scientific Review Group, and decides the maintain the current negative or positive opinion or change it. If the current negative opinion remains in place for subsequent import permit requests and Member States are expected to follow this decision, unless new information becomes available indicating the opinion needs to be reviewed by the SRG, or one of the exemptions in Article 71.4 of Regulation (EC) No. 865/2006 applies. After consultation with the MSs, the Commission may establish a formal import suspension for species/country combination subject to a negative opinion. If there is Page 8 of 40

9 no new information provided by the range State or other sources, or if this information is not sufficient for a non-detriment finding, the Negative Opinion will be formalised through a publication of these import suspensions in the so-called suspension regulation. It is important to note that import suspensions are reversible at any moment if new information is received. 4. On a regular basis, the Commission consults with affected Range States to ask them for any new biological and trade information on the species subject to an import restriction. If the range State provides this information, the Scientific Review Group reconsiders its decision to suspend the import. If the information leads to a non-detriment finding, the Negative Opinion is transformed into a Positive Opinion. TRANSPORT CONDITIONS Council Regulation (EC) 338/97 and Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations make compliance with the IATA Live Animals Regulations for air transport and the CITES Guidelines for Transport are legally binding. The transport into, from or within the EU of specimens from Annexes A to D should be undertaken in such a way as to minimize the risk of injury, damage to health or cruel treatment and in conformity with the EU legislation on the protection of animals during transport and related operations. The Commission can also restrict imports for specimens of Annex B species subject to high transport mortality. Unfortunately, in light of absence of satisfactory scientific evidence, currently there are no existing restrictions in place. INTERNAL TRADE IN SPECIES Regulation (EC) 338/97 contains special provisions for trade within the European Union, i.e. within and between individual Member States. The following commercial activities involving Annex A specimens are prohibited: purchase offer to purchase acquisition for commercial purposes display to the public for commercial purposes use for commercial gain sale keeping for sale offering for sale transport for sale A Management Authority of a Member State can grant a specific exemption by means of a certificate on a case-by-case basis and under certain conditions. By way of derogation, an exemption can be granted if a specimen was acquired before the relevant legislation became applicable. The Commission has defined general exemptions. In these cases, no certificate is needed at all for the commercial activities, such as internal trade in artificially propagated Annex A plants, captive-bred specimens of some very easily breeding bird species (see Annex X of 865/2006/EC) or trade between scientific institutions with a noncommercial purpose, i.e. for research or education. The above activities are also prohibitid in case of Annex B listed species, except where it can be proved to the satisfaction of the competent authority of the Member State concerned Page 9 of 40

10 that such specimens were acquired and, if they originated outside the Community, were introduced into it, in accordance with the legislation in force for the conservation of wild fauna and flora. 3.2 CROATIAN CASE STUDY A) Introduction A1. On 1 st July 2013 the Republic of Croatia is going to become the 28 th member of European Union. In the period of accession to EU, a lot of administrative work has done especially adapting and harmonizing the legislation according EU legal system. An important condition was to fulfil the environmental requirements, particularly for nature conservation. Implementation of EU wildlife trade regulations (WTR) was one very demanding task. From 2000, Croatia is party of CITES and from that period national legislation (The Nature Protection Act) adopted CITES requirements. Since 2006, Croatia is in a process of transposing EU WTR. It means that Croatia, although not EU member, acting as EU member in matter of trade with endangered wild animals and plants. During the last seven years Croatia developed adequate legal and institutional framework necessary to ensure implementation of EU WTR. In this period Croatian services have gained certain knowledge and practical experience that can be very useful to transfer to services in Montenegro. A2. Introducing the Montenegrin representatives of competent authorities with the main activities undertaken in accession period and giving them an overview of institutional and legal framework in Croatia, can facilitate and improve the similar process in Montenegro. The participants will achieve better understanding of the requirements and challenges of implementing the EU WTR. Also this workshop will able connecting the participants within themselves and with the trainers, improving future communication, information sharing and building the basis for a better enforcement in a region. B) Implementation of EU WTR in Croatia B1. General information Croatia is the Republic from 21 June 1991, population of citizen (75,9/km² )and area ,00 km 2 (land) and km² (ter. sea); status -non EU ( 1 st July 2013!!!). Croatia was drafted NATURA 2000 proposal based on scientific data and expert evaluation of sites importance according to EU Habitats and Birds Directives and it covers 37% of state territory. B2. CITES and EU WTR implementation - background CITES abreviation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, was signed in 1973 in Washington D.C. entered into force in CITES is an international treaty between governments. Currently there are 178 Parties. Croatia become a party of CITES from June 2000 as 151 st member. The aim of CITES is to ensure that international trade in specimens of animals and plants does not threaten their survival in the wild. Because the trade in wild animals and plants crosses borders between countries, the effort to regulate it requires international cooperation to safeguard certain species from over-exploitation. CITES provides legal framework for the prevention of over exploitation of international commercial trade in endangered species. CITES is legally binding for Parties, but national legislation is required to apply its provisions. Page 10 of 40

11 CITES also include movements or any transport across the border whether the movement takes place for commercial and for non commercial purposes. CITES regulates international trade on the basis of a system of permits and certificates. Any CITES specimen in trade requires a CITES document. CITES Parties agreed to categorize endangered species of animals and plants in three different categories according to the level of threat caused by trade: Appendix I, II and III. On that way CITES providing protection for more than 33,000 animal and plant species. Appendix I include species threatened with extinction. Trade in wild taken specimens of these species is permitted only in exceptional circumstances. If the specimens are legally bred in captivity or legally artificially propagated they will be treated as App. II species. Appendix II includes species not necessarily threatened with extinction, but in which trade must be controlled in order to avoid utilization incompatible with their survival. Appendix III contains species that are protected in at least one country, which has asked other, CITES Parties for assistance in controlling the trade. Changes to Appendix III follow a distinct procedure from changes to Appendices I and II, as each Party s is entitled to make unilateral amendments to it. CITES does not only protect live animal and plant specimens, but also dead ones and recognizable parts and derivatives of those species. Croatia proclaimed the Law on implementation of CITES (OG IA 12/99). From 2000, Croatia started with education of all relevant services (custom, police and nature protection inspection). From 2002, Croatian services recorded illegal trade with CITES species, also with native species protected by national legislation. After that followed a further strengthening of the service in the enhanced control of trade in endangered species. B3. CITES in EU EU adopted CITES provision on specific way. Each EU member state has ratified CITES at a different date and each EU member is a Party to CITES. All EU Member states are obliged to enforce CITES. The EU itself is not a Party to CITES (Gaborone amendment The European Union its own CITES legislation, publications and bodies. EU implemented CITES in 1984 with regulations, directly applicable to all Member States, as well as in Croatia when become a member of EU. There are several regulation on wildlife trade in EU, anyway, Regulation 338/97 is a basic regulation. B4. Differences to CITES EU WTR introduces stricter control and permitting process than CITES. According the Regulation (EC) 338/97, European Commission is authorized to establish import restrictions with regard to certain species/countries. According to CITES permits required for every transport across a borderline, and according the EU WTR. In general, no permit required for the transport inside EU. According to CITES import permits required only for species listed in App. I, but EU WTR required import permits for species listed in Annex A and Annex B. According to CITES no regulations regarding the trade inside of the country, but EU WTR required strict regulations regarding the internal EU trade. Another difference is in housing condition, and it is necessary to ensure adequate accommodation and care for a live specimen to be imported in EU countries. Transport conditions are also stricter and adopt requirement of EU animal welfare and it is possible to restrict imports for specimens with high transport mortality. To implement EU WTR it was necessary make harmonization in our basic Nature Protection Act and proclaimed a several ordinances (secondary legislation) for detailed regulation. Page 11 of 40

12 C) Institutional framework C1. The Ministry of Environment and Nature Protection, specifically the Nature Protection Directorate is the designated Management Authority (MA) for CITES in Croatia, and is responsible for the development and implementation of Croatian policy regarding CITES. Another organisational unit responsible for inspection and surveillance is Sector for Nature Protection Inspection. The Nature Protection Directorate is responsible for the preparation of legislation regarding CITES, the implementation of legislation and the organization of education and training programmes for all implementing organisations (customs, border police, veterinary and phytosanitary inspection and nature protection inspection). This Directorate is also responsible for issuing import and (re-)export permits for international trade in protected species. Furthermore, this Directorate is responsible for keeping registers and records, preparation of public awareness campaigns, preparation of reports to the CITES Convention, making revisions of species listed in Annexes to the Convention, et cetera. ( ). The Sector for Nature Protection Inspection (NPI) is responsible for the execution of supervision over the implementation of the Nature Protection Act (OG 70/05, 139/08, 57/11) and regulations passed on the basis thereof. The NPI performs controls with regard to the activities of legal and physical persons who keep, breed and trade with live or dead specimens of species listed in annexes I X of the Ordinance on transboundary movement and trade in protected species (OG 72/09, 143/10, 87/12). Besides that, the NPI closely cooperates with customs officers at the border crossings and the police in case of seizures. The NPI currently has 15 inspectors (1 head), 6 based in Zagreb and 9 based in different district offices. C2. The Customs Directorate of the Croatian Ministry of Finance is responsible for executing controls on export, import, re-export and transit of protected species at the borders. With respect to CITES, customs officers are responsible for control of the transported goods and verification of the accompanying documents. The Customs Directorate is an administrative organisation within the Ministry of Finance of the Republic of Croatia. The Customs Directorate is organised into 108 customs offices and 119 customs units. There is no separate organisational unit within the Customs Directorate dealing with CITES. Nevertheless, the Customs Directorate has delegated a representative as a member of the CITES Committee. Basically, the CITES issue is dealt with within the Service for Customs Controls, an organisational unit within the Customs Headquarters. The customs offices are responsible for controlling the validity of permits and verification of permits on border crossings. In cooperation with the Veterinary and Phytosanitary border inspection, Customs officers should determine whether the specimens and the data on the permits correspond, and ensure that prescribed conditions for transportation of specimens are executed. C3. The Police Directorate of the Croatian Ministry of Interior is responsible for restraining criminal activities and misdemeanours regarding CITES issues. The tasks of the Police Directorate are divided as follows: Ground police: prevention and combating of illegal hunting and illegal trade in protected species; Marine police: prevention and combating of illegal fishing; Border police: prevention and combating of smuggling of protected species across the state border; Crime police: processing of perpetrators. Page 12 of 40

13 C4. Scientific Authorities (SA). In conformity with the requirements of CITES, Scientific Authorities (SA) have been appointed as advisory bodies to the competent authorities. The current Scientific Authorities (SA) are: Faculty of Science, University of Zagreb; Ornithological Institute of the Croatian Academy of Sciences and Arts; Veterinary Faculty, University of Zagreb; Nature History Museum. The SA is called upon by the Ministry of Environment and Nature Protection (MA and nature protection inspection) to give expert opinions, i.e. regarding the identification of species. As laid down in the Ordinance on transboundary movement and trade in protected species (OG 34/06), the tasks of an SA are: giving expert advice on whether the Republic of Croatia should allow import, export, re-export and introduction from the sea of protected species considering how that will affect survival of the species in nature; issuing expert opinions regarding the confiscated specimens, conditions for keeping and breeding the animals in captivity and methods of marking the animals; determining the origin of specimens; making proposals for limiting unauthorised trade; cooperating with SA of other parties to the Conference; taking part in relevant CITES Committees; providing expert advices to the MA and other stakeholders regarding the taxonomic determination of species; taking part in training of all stakeholders; preparing scientific analyses, making proposals and giving expert advice to help establish the position for Conference of Parties. C5. CITES Committee. In 2003, the Nature Protection Directorate initiated the establishment of the Committee for CITES implementation. The Committee has nine members, representing the Ministry of Environment and Nature Protection (3), the Scientific Authorities (2), the Crime Police Directorate, the Central Customs Office, a phytosanitary border inspector and a veterinary border inspector (both from the Ministry of Agriculture). This CITES Committee gathers several times a year to discuss current issues regarding the implementation of CITES regulations. Besides these regular meetings, it can also be convoked whenever there is a specific need. The co-operation on CITES issues between the Ministry of Environment and Nature Protection and the border veterinary and phytosanitary inspection of the Ministry of Agriculture, is thus organised through activities of the CITES Committee. The two inspectors are represented at the CITES Committee, serve as a contact person. Cooperation with the Veterinary Directorate is achieved through regular contacts of the employees of the Nature Protection Directorate. D) Preparation for the accession D1. History. Croatia has been a party to CITES since 2000 (and has been issuing permits since 1998), but the urgency of reform for an adequate implementation of CITES requirements was not put high on the agenda until the start of preparations for accession to the European Union. Since the EU accession of neighbouring countries like Slovenia and Hungary, Croatia, with its position at the external border of the EU, has become a potential transit country for illegal trafficking. For instance, illegal trade in hunting trophies takes place at the border with Bosnia, which is a not party to CITES, but has considerable implementation shortcomings. The Croatian legislation has been aligned with the relevant EU acquis on CITES since April National legislation regulating issues of transboundary movement, trade, breeding and keeping of protected wild fauna and flora is laid down in the Nature Protection Act (OG 70/05, 139/08, 57/11)and related secondary legislation. Because of further harmonization with EU WTR (that is also in continuous process of changing and adjustment to new requirements) Croatia has initiated the process of drafting new Page 13 of 40

14 national legal acts. First of all this is new Nature Protection Act, and secondly, not less important is new Act on transboundary movement and trade in protected species (both acts should be finished to the date of entrance in EU!!). D2. Legislation. Croatia is in a process of proclaiming new Nature Protection Act, and is going to implement EU legislation concerning the N2000 and some other EU directives. New Act on Transboundary Movement and Trade in Protected Species (also in process of proclamation) is going to implement all EU WTR: Council Regulation (EC) No 338/97 Commission Regulation (EC) No 865/2006 rules on the implementation of Council Regulation (EC) No 338/97 Commission Regulation (EC) No 100/2008 amending Regulation (EC) No 865/2006 Commission Regulation (EU) No 791/2012 amending, Regulation (EC) No 865/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 338/97 Commission Implementing Regulation (EU) No 792/2012 Commission Implementing Regulation (EU) No 757/2012 suspending the introduction into the Union of specimens of certain species of wild fauna and flora Commission Regulation (EU) No 1158/2012 amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora According to the above regulations, sanction for illegal activities are proscribed in our new Act on Transboundary Movement and Trade in Protected Species. New Act is also harmonised with other national legislation: the General Administrative Procedure Act and Criminal Act. All relevant services were included in drafting this Act, also public and all interested parties have had the opportunity to participate in this process. D2. Trainings and workshops in 2012 The CITES MA in Croatia organised a training module Capacity building for implementation of EU wildlife trade legislation from May 16 to June 16, Five (5) regional workshops were held in different regions of Croatia with a total of 157. Trainers were from the CITES MA and SA in Croatia, Nature Protection Inspection and Customs Administration Central Office. The purpose of this training was to fill the knowledge gaps and increase the know-how of CITES and EC regulations, also exchange experience and improve the working procedures and cooperation among involved agencies. On this workshop was used and disseminated a manual Transboundary movement and trade in protected species and CITES Convention. On 4-5 September 2012 a workshop Supervision and Protection of Endangered Species in Relation to EU Directives and International Conventions was held in Zagreb. In terms of forthcoming accession to the EU and recognized needs a workshop was held for the relevant services, with the aim to educate and prepare the services for acting in the new circumstances. The workshop was conducted and lectures held by an expert from the Netherlands. At the workshop participated 40 participants (nature protection inspectors, members of the Croatian CITES committee, officials responsible for issuing permits, officials involved in the adoption of legislation and representatives of other related inspections). Participants were informed about how are organized the services that perform the same tasks in the Netherlands and other EU member states. Furthermore, participants were given information about the importance and opportunities of tools the EU TWIX, they get a general overview of the implementation of CITES in the EU Regulation. Speaking about the most common species traded in the EU, the participants were brought to the attention that can be expected in the Croatian territory. It was also placed emphasis on the need for Page 14 of 40

15 increased protection of native species that can be endangered by the open border to the EU member states and special new ways of smuggling. It is recognized the needs of the closer relationships with all other sectors. As a suggestion for improvement of services it is highlighted the need for strong cooperation and domestic or agencies in other countries. Also it is necessary to focus attention on those who are engaged in trade, the collectors, and also to include scientific community with the aim of protecting overall biodiversity. During the last 10 years Croatian services have had a more than ten workshops, trainings, educations held by EU expert. Also there are continuous education organized by our expert and practitioners like inspectors, police and custom officers. D3. Participation in EU working group In pre-accession period Croatian participants were invited to take a part in EU Committees and working groups such as: Committee on Trade in Wild Fauna and Flora, Scientific Review Group (SRG) and Enforcement Group. Last meeting of 26 th Enforcement Group on the protection of species of wild fauna and flora by regulating trade therein) took place in Brussels on 29 and 30 April There were exposed and disused very important topics about activities and results of custom, inspection, police and other involved services. On this meeting participated representatives of EU member states but also representatives of TRAFFIC EUROPE-a (The Wildlife Trade Monitoring Network), INTERPOL, EUROPOL, WCO (World Custom Organisation), Eurojust (The European Unions Judicial Cooperation Unit), EU Health and Consumers (SANCO) and representatives of CITES Secretary. Very important for all representatives is to get overview of main trends in trade with endangered species, be introduced by problems and obstacles in solving of complicated cases. E) Implementation problems and challenges An ongoing obligation is to follow frequent changes in EU WTR legislation and keep the service informed of new circumstances (to adjust their work according new modifications). Another problem might be to incorporate the provision on protection the national native species, having in mind national priorities (protection of endangered native species and endemic species) and modality of efficient control (proscribing quotas, or use native natural values on sustainable way difficult to control). In implementation of CIES and EU WTR could be problem to share the activities, responsibilities and obligations among the other relevant services (other services have other priorities and CITES is an extra burden for them). Other problems: - technical and logistical problems of inspection (work outside working hours, availability of equipment, inadequate technical support, legal support) - inadequate equipment and knowledge of the use of databases (EU databases, internal CITES database, UNEP- WCMC data bases, TRAFFIC data base ) - control of maritime borders, ports and nautical vessels (inadequate equipment of inspectors, support from the Harbour Police) - regional cooperation with EU and non EU countries (different criteria in implementation of CITES) - lack of expert/scientist specialized for rare or foreign species - lack of law expert and juristic introduced in environmental legislation F) Lessons learnt and recommendations F1. The process of implementation (legislation) is a step by step process. It is good to distinguish particular fazes of accession process and harmonize national legislations implementing CITES and EU WTR giving the enough time to all stakeholders for adopting new Page 15 of 40

16 changes. Also there are continuous changes EU WTR are in continuous process of adapting to new circumstances and to changed situations in world trends of trade on endangered species ( EC announced drafting Consolidated version of Reg 338 new harmonization of national legislation!!!) F2. Enforcement/inspection. For better result and efficient control of trade it is good to: - organize continuous education of inspection and other relevant services, include judiciary in education - establish working group (team, committee) due to facilitate cooperation of all involved services - make a list of expert/scientist for determination of foreign, rare or exotic species - make a list of rescues, museum, botanic gardens for accepting seized animals or plants - make a Manual for implementation (basic information about protected species, about permits/certificates, about procedure, emergency call, ) - Equipped services with necessary tools and devices (microchip reader, safety box/cages, gloves, binocular, camera, GPS ) - Use the UNEP-WCMC database (status of protection certain species, on the list/not listed) F3. Regional and international cooperation - Propose the representatives to EU TWIX network (internet connection with EU WTR services, all seizure, warning and help in determination ) - Make a list of responsible officers in neighbouring countries (custom, police, inspector, MA) - Establish procedure for join action in case of significant seizure on border cross (reject the import, repatriation, return in country of origin, organising quarantine in case of contiguous or disease). In implementation process of EU WTR is good to use the Commission Recommendation (2007/425/EC) Hungarian case study A) LEGAL FRAME The Convention Hungary signed the Convention on International Trade in Endangered Species of Wild Fauna and Flora in The text of the Convention and the Appendices were published in 1986 (Law decree no. 15 of 1986). In 2003 the Convention was re-promulgated by Act no. 32 of 2003 with the inclusion of the Bonn Amendment adopted by the Parties to CITES in The Appendices are regularly updated with the amendments adopted by the Conference of the Parties. EU Wildlife Trade Regulations Hungary acceded to the European Union on 1 May On the day of our accession the legislation on the protection of species of wild fauna and flora by regulating trade therein (EU Page 16 of 40

17 WTR) automatically became applicable to the country. The EU WTR consists of 3 main regulations as follows: Basic regulation: Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein Implementing regulations: Commission Regulation (EC) No 865/2006 of 4 May 2006 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 (since September 2012, a separate implementing regulation (792/2012 (EU)) contains the provisions for permits and certificates forms) Suspension regulation: Commission Implementing Regulation (EU) No 757/2012 of 20 August 2012 suspending the introduction into the Union of specimens of certain species of wild fauna and flora Details of the EU WTR and the main differences between the EU regulations and CITES provisions are included in a separate chapter of this document. National regulation for the implementation of CITES and EC Regulation Both the Convention and the EU regulations require Parties/Member States to adopt national regulation for the implementation of the provisions of the Convention and the EU WTR. These implementing legal acts should as a minimum designate the responsible authorities and provide for sanctions for cases of non-compliance with the provisions and may include stricter domestic measures. The national implementing regulation in force is Government Decree 292/2008 (XII.10.) On specific rules of the enforcement of international and European Community legal acts regulating the international trade in endangered species of wild fauna and flora. This regulation designates the Management Authority, the Scientific Authority and the Enforcement Authorities responsible for the tasks given by the Convention and the EU WTR, include provisions for sanctions, introduce stricter domestic measures designates entry points for CITES specimens a) Designated authorities details will be given in the next chapter on the institutional background. b) Sanctions a) Criminal liability Page 17 of 40

18 According to our Criminal Code, anyone illegaly obtain, keep, sell, import, export or transport through the territory of Hungary, trade in or kill a specimen of a species which is listed in Annex A or B of the EU WTR have to be sentenced to up to 3 years inprisonment. In certain cases, the sentence may be up to 5 years improsonment. Here we would like to note, that according to the EU s criminal directive (Directive 2008/99/EC of the European Parliament and of the Council of 19 november 2008 on the protection of the environment through criminal law) illegal trading in specimens of protected wild fauna and flora species and their parts and derivatives thereof shall be considered to be a criminal offence, except for cases where the conduct concerns a negligible impact ont he conservation status of the species. b) Seizure and confiscation: If specimens of species listed in Annexes A to D to the Council Regulation are kept, transported or marketed without the necessary permits or documents, or if the specimens are transported in violence of legal rules or official regulations, the enforcement authority shall seize specimens and shall order with deadline the presentation of documents of origin of the specimens. The designated enforcement authority (inspectorates of environment, nature and water) a) shall confiscate the specimen if the owner does not present a document certifying its origin by the set deadline, b) shall confiscate the specimen which is kept illegally, or c) may confiscate the specimen the transport or keeping of which does not meet the contents of legal rules or official decisions, and therefore there is an imminent risk of death of or damage to the specimen. Seizure and confiscation can also be performed in criminal procedure. In these cases the seizure is done by customs authorities or the police, the confiscation is ordered by the court. Additionally, anyone not meeting or not properly meeting his/her obligations covered by the Convention, the Council Regulation, the Commission Regulation or this Decree may be obliged by the management authority to pay the costs of confiscation and seizure, including also the costs of keeping (storing) and transport. c) Administrative fine The inspectorate shall impose a nature protection fine amounting to minimum of HUF and maximum HUF depending on the severity and repetition of the offence in cases, where anyone not meeting or not properly meeting his/her obligations covered by the Convention, the EU WTR and the national implementing decree in respect of a specimen of a species not protected, strictly protected, or not considered of nature conservation significance in the European Community (in the case of these species, different rules are applicable). The fine may be imposed repeatedly in case of non-payment. Fine shall be imposed by specimen in the case of specimens that are subject to the duty of registration, and by each 250 grams started in the case of caviar and caviar containing products, ivory or rhinoceros horn, and by each cubic metre started in the case of timber. d) No permission is granted if the applicant: has been validly convicted for committing a criminal act in relation with environmental protection or nature conservation, Page 18 of 40

19 is validly held responsible for breaching the rule of environmental protection or nature conservation, is fined by nature conservation penalty for certain period of time layed down in different decrees. c) Stricter domestic measures Duty of registration Anyone possessing a specimen of a vertebrate species listed in Annex A to the EU Council Regulation, or of a live specimen of mammal, bird or tortoise species listed in Annex B (specimens subject to the duty of registration) shall declare its acquisition, keeping, import to the territory of the country, export from the territory of the country, alienation, death, destruction, and progeny. Declaration shall be submitted to the competent inspectorate within 30 days, which register and keep record of the specimens. All data are stored in a computer based registration programme and the Management Authority and the inspectorates can follow the way of the specimens from one owner to another electronically. Inspectorates have the right to amend data which concerns activities on their territory while see all other information. The countrywide data is available for the Management Authority as well, which uses these information in its permitting procedure and checks the legality of specimens before issuing any permits or certificates. Obligatory internal documents Inspectorates issue documents (breeding certificate for the animals that were born at a Hungarian breeder, certification of origin if it was introduced to Hungary, or in case of Annex A specimens the MA issues EU certificate according to the EU rules) which proves legal acquisition and possession. It functions as the identity card of the animal and must be kept together with it and handed over when a specimen changes owner. Thus the owner and location of all specimens are known, and each specimen bred in captivity has an official document. Obligatory marking Additionally, each and every specimens (not only annex A) that have to be registered must also be marked with seamless closed rings and/or microchip transponders. Other methods can also be permitted if they are in line with EU Regulations. For instance, photo documentation is used for the identification of young tortoises the carapax length of which is less than 10 cm. Parts and derivatives are marked by the administrator s signature and the official stamp of the authority. All specimens must be documented by digital photo. The procedure is set down in official record. All cases are filed at the local authorities. Breeding register Breeders keeping live specimens of species subject to the duty of registration for breeding purposes or keeping them in a way, where unintended progeny cannot be excluded shall keep breeding register. This provision is proved to be a good additional source of information for enforcement officers when making a check or deciding on an application. Special rules for activities related with sturgeons Page 19 of 40

20 Persons keep and breed of live specimens of sturgeon and paddlefish species falling under the effect of the Council Regulation shall notify the competent inspectorate of this activity, which shall register it. The declaration shall contain the following information: a) detailed description of the activity, b) copy of document(s) certifying the origin of the specimens and its legal acquisition, c) description of the method of keeping or breeding, and d) estimation of the annually bred or marketed volumes. Additionally it is explicitly stated, that during this activity sturgeons and paddlefish may not be let into natural waters - except for licensed reintroduction or introduction. Designated ports of entry According to the requirement of the EU WTR, special entry points shall be designated in each Member States, where the introduction, export or re-export of specimens is allowed. The idea behind this requirement is that at these points the necessary capacity is available to control the movement of specimens, and it is ensured that the authorities involved (customs, veterinary, phitosanitary authorities) are well prepared and have the necessary knowledge, information to properly perform their task. In Hungary there are altogether 10 entry points are designated at the Croatian, Serbian, Ukrainian border sections and at Budapest Liszt Ferenc International Airport. e) Other relevant legislation on nature protection Permission requirements for protected species: According to Act no. 53 of 1996 on nature conservation, the authorization of the inspectorates of environment. nature and water (as the regional nature conservation authorities) shall be required for: any population control the collection, capture, killing, possession and training of any individual the breeding in captivity of any individual the taxidermal preparation and preservation or the possession of such preparations of any individual the keeping of any individual in live animal collections the supplementing of any population with individuals from foreign populations the artificial exchange of genetic matter between populations the exchange or sale and purchase of any individual the exportation from, importation to or transportation through the Republic of Hungary of any individual the reintroduction or introduction of any individual the application of alarming methods in order to prevent any damage caused by them the transfer of the nest of any individual the domestication of any individual of protected species It means, that if a specimen of a species is listed on the Annexes and at the same time protected in Hungary, two documents are required for export or import (with some exceptions: eg: hunting trophies, land tortoises). However after Hungary s accession to the EU, CITES export/import documents are not applicable within the community yet the system Page 20 of 40

21 for the authorization of the import, export, keeping etc. of protected species still remained the same. The list of protected species was published by Decree of the Minister of Environment no. 13/2001 (V. 9.) KöM on the protected and strictly protected plant and animal species, strictly protected caves as well as on the plant and animals species of Community importance According to Government Decree no. 348/2006 (XII.23.) on the Detailed Rules on Protection, Keeping, Display and Utilisation of Protected Species, protected and strictly protected species are not allowed to be kept, displayed or utilized other than for nature conservation or other public interest purposes. Exemption was set for the following species of birds of prey for falconing purposes: Accipiter gentilis Accipiter nisus Falco peregrinus Falco biarmicus Falco rusticolus Aquila chrysaetos These birds have to be captive bred and marked by microchip transponders. Hybridization of these species and keeping of hybrids is prohibited. Falconers have to pass a special exam on nature conservation legislation before obtainting a permission for keeping. B) INSTITUTIONAL FRAMEWORK Our domestic regulation (Government Decree 292/2008 (XII.10.)) designated the following authorities responsible for the implementation and enforcement: Management Authority the minister responsible for nature protection, which is currently the minister of rural development since 2010, when our new Government decided to seize the Ministry of Environment and Water and incorporated it in the Ministry of Agriculture and created the Ministry of Rural Decelompent. Within the Ministry, the Biodiversity and Gene Conservation Unit is respondible for the tasks. Currently three persons are responsible for CITES. Scientific Authority the minister responsible for nature protection Within the Ministry, the Nature Conservation Department, which is independent from the MA, is responsible for the SA tasks. In special cases, where identification is difficult, or not possible withour special expertise, we use individual experts from universities, research isntitutes and from the Hungarian Natural Histrory Museum. Currently one person are responsible for scientific matters related with CITES. Enforcement Authorities - inspectorates for environment, nature and water (10) Page 21 of 40

22 - National Inspectorate for Environment, Nature and Water - police - customs - animal and plant health authority - food safety authority C) COOPERATION AMONG COMPETENT AUTHORITIES Bilateral cooperation agreements The Ministry signed a cooperation agreement both with the Police and the National Tax and Customs Office. These contracts regulate the tasks of each authority in the frame of the agreement, the exchange of information, and the contact points at each level (national, regional, local) of the administration and also contain provisions on training of enforcement officers. There are designated personnel in the customs and police authorities, who are responsible for CITES and wildlife trade issues. Inspectorates for environment, nature and water, National Inspectorate for Environment, Nature and Water, animal and plant health and food safety authorities are under the supervision of the Ministry. Interagency CITES committee On an informal basis we operate a CITES committee in order to enhance the exchange of enforcement related information among the authorities. The committee meets twice a year, usually back-to back with the EU s Enforcement Group meeting. Participants are invited from each of the authorities involved (customs, police, inspectorates, animal health authority) and occasionally a prosecutor also participates. The interagency committee is a good forum to share the outcome of the EU Enforcement Group s outcomes, information of significant seizures, trends of illegal activities, prosecutions, court cases etc., as well as domestic issues. Training of enforcement officers We consider training of enforcement officers as of a crucial importance and regularly give basic and advanced training of their staff. Usually a 2-3 days seminar is organized for the designated inspectorates as well as for the designated customs and police officers every year. We are participating in the basic education of customs officers by giving an introductory lecture to the students each year. We if our capacity allows us visit designated customs entry points and police headquarters in order to give basic information about CITES requirements. This was particularly important before and right after the accession to the EU, to prepare these authorities for the changing situation and requirements. At that time, in the frame of a CITES Roadshow we visited all designated points and certain internal customs headquarters as well as police county headquarters and hold a 1-day presentation of CITES and EU provisions. Prosecutors were also targeted with these trainings. Page 22 of 40

23 D) HUNGARY S PREPARATION FOR THE ACCESSION The area of wildlife trade is regulated in the European Union by regulations that are directly applicable in every Member State. So in theory candidate countries have no obligation to harmonize their legislation in order to fulfil the requirements. However they should be prepared for the implementation of the provisions from the time of accession. Taking into account that the EU rules are more detailed and stricter that CITES provisions, it is advisable to prepare for its implementation well in advance. In 1990, 4 years after the ratification of the Convention, the first implementing regulation was published (Ministerial decree no.: 4/1990 (XII.7.)). This decree was in force until the end of 2002, when our new Government decree no. 271/2002. (XII. 20.) was adopted. In view of the coming EU accession, this decree adopted some elements of the EU WTR, as follows: - the EU Annexes A-D, - stricter import conditions o o import permit requirement for Annex B listed species import notification for Annex C and D listed species During preparations, we examined, what elements have sensible to be implemented in Hungarian legislation and which have not. Finally the decision was made, that these two were to be implemented and no provisions for the internal trade are adopted, taking into account that our domestic legislation has special provisions for the internal trade in and movement of specimens due to the obligatory registration, and certification, therefore the internal trade certificate system of the EU would not have been much added value. As for the stricter import conditions, the regulation required the following: Import permit may not be issued a) in case of specimens of species, which cannot suffer captivity according to the present state of science, b) in case of specimens, where the adequate keeping conditions are not ascertained in compliance with the provisions of law in force, c) in case of specimens, whose escaping into the nature might constitute an ecological threat to wild species of fauna and flora indigenous to the country, d) if the species and/or the country of origin is under trade prohibition and the prohibition is in force, e) for the import of hunting trophies of species listed in Annex A of this present decree. Import may be authorised exclusively for the interest of nature conservation a) in case of wild-taken or wild-collected specimens of species which are endangered - with this, Hungarian Management Authority did have the power to take into account the EU s suspensions and the Scientific Review Group s opinions upon deciding on an import application. b) in case of specimens of species which are endangered, if propagated in captivity, and there is no proof that meets the criteria artificially propagated or captive bred as defined by the respective Conf. Res., c) in case of look-a-like species, if exists a great probability of confusing thereof with an endangered species and the import may impose a negative effect on the population of the endangered species. With this regulation, Hungary also adopted the EU CITES permit forms. Page 23 of 40

24 As several provisions in our regulation would have been redundant, the Government decree needed to be amended before the accession. With this amendment a number of paragraphs those that are regulated by the EU law and others which were not in line with it have been deregulated. Since than our national decree amended several times, but it is more or less looks like today than it was after the accession. Though Hungary has already been a Party to CITES for 18 years at the time of the EU accession, preparations in terms of capacity was crucial. In one hand we, as Management Authority had to prepare the implementation of the different rules and we also had to prepare other competent authorities. We put a lot of emphasis on our regional enforcement authorities (national park directorates at that time). Workshops, training courses were organized, and they were provided with technical equipment (microchip readers, ID books and guides, seized sample items for identification). Though not in the frame of preparation, only after the accession we launched a training programme for customs, border police, veterinary and phytosanitary officers on CITES and EU wildlife trade regulations. In the frame of the project, the MA visited all border points designated as entry points for CITES specimens and internal headquarters where the staff of the different authorities have been trained together on the legislation relating to wildlife trade and their role in enforcement. MA visited 14 places and trained altogether 578 officers. Similarly to this, a bit later we organized a CITES-Roadshow for police officers and prosecutors. In the course of this, 19 seminars were given for representatives of all county and town police headquartes by the CITES MA together with other colleagues from nature conservation. The topics of the training were CITES and EU wildlife trade regulations, species involved in trade (in a practical perspective), domestic nature conservation regulations and the criminal offence for damage in nature. Altogether 250 participants attended the seminars: 188 police officers responsible for environmental crime and 62 public prosecutors. E) LESSONS LEARNT In our experience, the most important provision to be implemented prior to accession was the adoption of the EU Annexes, the stricter import requirement and the accompanying criteria for the issuing an import permit for Annex B listed species. With these the country can well prepare for the application of the EU rules, gain experience, how to evaluate an import permit application, how the relevant criteria should be taken into account. Adoption of Annex D however had no real result as only one import notification have been received by customs authorities during the 1,5 year period. We did have a few stricter measures in our domestic regulation before accession, which had to be deregulated, as those were not in line with the EU regulations, the free movement of goods in particular. It is advisable to look the current legislation through in advance and point those elements which could be problematic at the time of accession. As our main trading partners are EU MSs, the number of issued import and (re-)export permits are largely decreased (from around 550 to /year) after accession, while the issue of internal trade certificates became a huge administrative burden. Workload increased not only because of the number of certificates, but due to the internal EU consultations. For this reason, we had to decentralize certain tasks of the Management Authority. Before accession power of control, keeping the register and issuance of internal documents have been transferred to the regional inspectorates. Recently the power of seizure and confiscation was also decentralized and became the responsibility of inspectorates. We kept the issuance of EU certificates centralized with the exception of Testudo graeca, T. hermannii and T. marginata. We consider it important to keep the issuing of certificates in one hand, preferably in the hand of the MA responsible for issuing export and import Page 24 of 40

25 permits, as this task needs special expertise and trained personnel. In some MSs, certificates are issued by regional or local authorities, which can cause problems. Our experiences showed that training of enforcement authorities is very important. General courses are necessary as we could bring the whole topic close to the enforcement officials and they became involved. They have the opportunity to see the problems, get basic knowledge of the regulations and have a personal contact with the ones responsible for coordination. With this, they know who to contact, what to do if they face with a situation on the border or during an inland inspection. We experienced, that though the legislation obliges the officers to carry out their duties coming from the regulations, the system only works well, it there is a personal interest. And such events are the best possibilities to build such interest. Though these large-scale training programmes were taken place after the accession in Hungary, is advisable to hold such before accession if the capacity allows it. At the time of our accessions there were voices in the EU that traders may circumvent the EU import restrictions by importing species under import restrictions to accession countries which will automatically be legal in the EU after the accession of that particular country. With implementing this particular part of the EU law prior to the accession, these doubts can be settled. F) IMPLEMENTATION PROBLEMS Control of internal trade in Annex B species This is probably the most problematic matter in implementation. The problem is, that Article 8(5) of the Council Regulation (EC) 338/97 is unclear and provides for a wide range of interpretation among MSs. Article 8(3) indicates under which circumstances Annex A specimens can be used for commercial purposes. Article 8(5) states that Annex B specimens can be used for commercial activities when it can be proved to the satisfaction of the competent authority of the Member State concerned that such specimens were acquired and, if they originated outside the Community, were introduced into it legally. Those provisions however do not spell out which documentary evidence is necessary to demonstrate the legal acquisition or origin. They are interpreted differently by the Member States, which generates enforcement problems such as: problems with proper enforcement, especially concerning confirmation of legal origin of animals declared as captive-bred originating from breeding facilities of another MS, and other previously imported specimens; a lot of burden, concerning individual confirmation of documents with MS in which the specimen in question originates (consultation done by enforcement authorities or by MAs the latter case if the specimen in question is subject to some application for issuing permit/certificate); in case of lack of official documents, sellers may present breeder s declarations in such cases individual consultation still usually has to be done whenever legal origin is to be confirmed; even if all necessary data is included on declaration, such a document may be considered as too easy to produce to treat it as fully reliable. Even if it is not falsified, there is no possibility to confirm that it provides truthful information, if the MA analysing the document is not located in the MS in which the specimen originates. On the other hand, general confirmations of legal origin (basing e.g. on the fact that the species concerned is widely-bred in MS, so probably it is of legal origin), have to be applied very carefully. If such explanation would be accepted, Art. 8.5 would bring little or no effect in control of legal acquisition/origin of specimens in internal trade. If there are cases, where there is no real conservation concern and subsequently there is no need to spend resources on these, the species in question should be clearly identified. Factors that have to be taken into account in this regard are numerous: some species, e.g. Brachypelma spp., are very widely bred, but Page 25 of 40

26 smuggling of grown wild specimens still takes place (justified by considerable increase of the price with age/size of the animal). in MSs in which breeding in captivity have to be confirmed individually, other problems may appear e.g. declarations on found specimens / pre-convention origin of founder stock; such and other similar loopholes should be also tackled; lack of common standards stimulates shifts in commercial activities to countries with less rigorous provisions/interpretation in this regard; uncertainty for holders/breeders who cannot be sure, if another MS does not have different interpretation of Art Some Member States have introduced in their domestic legislation mandatory marking, registration and/or book keeping requirements for Annex A and a number of Annex B species. Some of those Member States would favour the introduction of similar requirements in the IR. This is not privileged by Member States which have not put such a system into place. There were suggestions (inter alia from HU), that at least it should be clarified in the regulation which minimal information should be included in the EU trading documents for Annex B specimens (scientific name, source code, country of origin, number/date of the import permit if relevant). We have such requirements in our domestic regulation in Hungary. A number of other Member States consider however that it would be overly complex or burdensome to introduce changes in the regulation on that matter. They rather favour that guidelines are developed to identify the most commonly acceptable proofs in the Member States. This could build on information already collected among Member States by the Commission in 2010 (although it only concerned Annex A specimens) Derogations There are a number of kinds of derogations, which are problematic to implement and/or quite a challenge for enforcement officers. These are: general derogations for personal and household effects (limited amount of caviar. worked specimens of crocodiles, dried seahorses, giant clams, queen conch, rainsticks) derogation for plant specimens, exemptions for certain artificially propagated orchid hybrids are particularly problematic derogation for hunting trophy imports general exemptions for internal trade in certain Annex A listed birds There are questions around the subsequent commercialisation of personal effects and the possible use of this derogation as a loophole. In some cases (for example in case of hunting trophies) the import is only possible if it is for personal purposes and it needs to be ensured that no commercialization will take place after imports. Enforcement problems arise around the derogation for worked specimens of CROCODYLIA species, where the derogation only applies for Annex B species, while the identification of small leather products is problematic It is also questionable, how to proceed in cases, where the number of imported products is in exceed of the amount allowed by the derogation. Should the whole shipment be seized or only the specimens that are in exceed. Lots of kinds of documents There are a wide range of documents for different activities for different purposes, which also difficult to handle by enforcement authorities. In one hand, that EU WTR provides for many kinds of documents, such as the import, (re-)export permit, EU internal trade certificate, travelling exhibition certificate, personal ownership certificate, label for scientific material, import notification, and a new kind of document, adopted by CoP 16, the so-called musical instrument certificate. Page 26 of 40

27 On the other hand there are a number of documents used by the different MSs for regulating internal trade. 3.4 Advice, tips and warning for Montenegro officials - carefully consider, which elements of the EU WTR to implement prior to accession - Annexes and the accompanying stricter import criteria which allows the implementation of the EU import restrictions is advisable to be adopted well in advance (see also the Lessons learnt part of the HU case study) - requirement for internal trade certification for Annex A species may be useful, if Montenegro has no special internal measure for this - preparation of enforcement bodies is crucial - designation of entry points and ensuring the capacity necessary for the effective controls is important - keeping the permitting and certification power in one hand is necessary for the effective implementation according tro the HU experience 4. Suggested reading list and sources Glossary (List of key concepts) Introduction from the sea" means transportation into a State of specimens of any species which were taken in the marine environment not under the jurisdiction of any State; IAS Invasive Alien Species EU WTR EU wildlife trade regulations Enforcement Group for wild life trade consisting of representatives of each of the MS authorities that have responsibility for monitoring compliance with the Regulations, such as Customs, Police and Wildlife Inspectorates. The Group is chaired by the European Commission. The task of the group is to monitor enforcement policy and practice in the EU Member States and make recommendations to improve the enforcement of wildlife trade legislation Trade export, re-export, import and introduction from the sea CITES - Convention on International Trade in Endangered Species of Wild Fauna and Flora, was signed in 1973 in Washington D.C. entered into force in 1975 Regulation - is a binding legislative act. It must be applied in its entirety across the EU. Page 27 of 40

28 Rescue centre place authorised for keeping and handling with seized live animals or plants, Personal and Household Effects items fall under the derogation of Article VII of the Convention and Article 7. of the Council Regulation (EC) 338/97 6. Any other information Useful attachments: FAZE of IMPLEMETATION, Croatia Trends of seizure; Croatia, Croatian species on CITES/EU WTR Hungarian Species on CITES/EU WTR Page 28 of 40

29 6.1 FAZE IMPLEMENTACIJE CITES-a i EU WTR FAZA I STATUS: Accesion country 1.Zakon o potvrđivanju Konvencije o međunarodnoj trgovini ugroženim vrstama divljih životinja i biljaka (CITES) (NN - MU 12/99) 2. Zakon o zaštiti prirode (NN 162/03 3. Zakon o zaštiti prirode (NN 70/05,) -direktna primjena CITES-a -implementacija u nacionalne propise -nema primjene EU WTR - prekršajne sankcije - nema kaznenih djela FAZA II STATUS: Candinate country 1. Zakon o zaštiti prirode (NN 70/05, 139/08 i 57/11) 2. Pravilnik o prekograničnom prometu i trgovini zaštićenim vrstama (NN 72/09, 143/10, 87/12) 2. Pravilnik o uvjetima držanja, načinu označavanja i evidenciji zaštićenih životinja u zatočeništvu (NN 70/09 - implementacija EU WTR kroz nacionalne propise u potpunosti -- prekršajne sankcije - nema kaznenih djela FAZA III STATUS: member of EU 1. Zakon o zaštiti prirode (u postupku) Zakon o prekograničnom prometu i trgovini (u postupku - direktna primjena EU WTR - djelomična reguliranje unutarnje trgovine - propisane sankcije - prekršajne sankcije u Zakonu o prekograničnom prometu - uvedena kaznena djela Kazneni zakon ( NN Page 29 of 40

30 6.2 TRENDS OF SEIZURE 1. Small singing birds (non CITES) 2. Tortoises (Testudo hermanni ) Page 30 of 40

31 3. Lithophaga lithopaga 4. Big carnivora (Year wolf; lynx 2 bears; otters, 2 wolves; wolf; Source: Nature Protection Inspection official evidence Page 31 of 40

32 6.3 Croatian species on CITES Page 32 of 40

33 Page 33 of 40

34 Page 34 of 40

35 Page 35 of 40