Legal framework for alignment with EU Wildlife Trade Regulations EC 338/97 and EC 865/2006 and implementation of requirements. Status Gaps - Actions

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1 REPUBLIC OF SERBIA Bilateral screening: Chapter 27 Environment Legal framework for alignment with EU Wildlife Trade Regulations EC 338/97 and EC 865/2006 and implementation of requirements Status Gaps - Actions Ministry of Agriculture and Environmental Protection 1

2 Alignment framework Status: Partial National acts: Law on environmental protection, Law on nature protection, Penal Code, Rulebook on transboundary movement and trade in protected species, Rulebook on conditions of keeping, method of marking, and registration of wild animals in captivity. Basic provisions regarding requirements of permits for transboundary movement and trade, certain competences of authorities and sanctions are defined at the level of the law, where, whereas the majority of provisions of the EU WTR are given in the bylaw. 2

3 Alignment framework Gaps: All the tasks and responsibilities of the management, scientific and enforcement authorities need to be explicitly defined in the law; Sanctioning measures for some offences listed in the EU WTR need to be included; Covering the costs of seizure, confiscation, placement or return of specimens to be born by the offender; Ports of introduction and export for protected species needs to be defined appropriately; Improvement of provisions regulating internal trade and possession of protected species. Actions: The provisions regarding wildlife trade are currently in the process of revision as a part of the ammendment of the Law on nature protection. Partial gap analysis done through the IPA TWL project. Adoption of a new Law on transboundary movement and trade in wildlife is possible. Full alignment by June 2016 according to NPAA. 3

4 Distribution of competences Status: One Management authority (Ministry of Agriculture and Environmental Protection Group for CITES implementation), Five Scientific Authorities (ZZPS, PZZP, BFUB, NHM, IBISS) and Six Enforcement Authorities (Rep. Environmental inspection, Prov. Environmental Inspection, Customs, Police, Border Vet. Inspection and Phytosanitary inspection) Gaps: Competences are generally loosely defined in the national legislation for the majority of the involved authorities redefining competences with regards to wildlife trade is necessary for effective enforcement Actions: Revision of national legislation required. Continuous specialized trainings on wildlife trade control (such as the ones conducted with the aid of the IPA 2012 project) and coordination of activities by the Management authority for CITES 4

5 Implementation Status: CITES Party since Law on environmental protection (2004) and subsequent Law on nature protection (in 2009) and subsequent bylaws, established the legal basis for regulating wildlife trade Republic of Serbia is a transit, source and final destination country for wildlife CITES Management authority: Group for CITES implementation - 2 full time staff Enforcement: 10 Republic Environmental inspectors (not stationed on BIP) and 3 Provincial Env. Inspectors (internal trade, breedres, etc.) - Direct competences Customs and Border Police officers, as well as border veterinary and phytosanitary inspectors (stationed at BIP) have certain competences in wildlife trade control. In case of discovering wildlife specimens - the CITES MA and/or environmental inspection is contacted for assistance (species ID, seizure and placement of specimens). 5

6 Sanctioning of offences Sanctioning of wildlife trade related infringements is done either as a administrative offence (Law on nature protection, Customs Law) or as a criminal offence (Penal Code Article 265). Sanctioning measures include: Permanent confiscation of specimens (always done if Penal Code is used, with administrative offences sometimes the judge does rule for permanent confication legal gap) Fines (range from 50 to 30,000, or up to maximum 20 times the value of the specimens. Verdict depends on the severity of the offence and the sensibility of the prosecutor and/or judge on illegal wildlife trade issues) Imprisonment (maximum 3 years for illegal wildlife trade) most often offenders get a conditional sentence 6

7 Public awareness Serbian CITES MA wildlife trade posters on border crossings (2011) New posters developed by Serbian CITES MA via IPA TWL (2014) 7

8 Capacity building for enforcement Publication Guidebook for the control of transboundary movement and trade in protected species illustrated pages intended for raising the capacities of enforcement officers (developed by the CITES MA in 2011 with CITES Secretariat funding) Additional Training material available in the form of translated electronic presentations (CITES and EU enforcement training material) 8

9 IMPLEMENTATION - Actions SR/2012/IB/EN/01 Twinning Light Project Strenghtening the capacities of authorities responsible for CITES and wildlife trade regulations enforcement in Serbia Project duration: April September 2014 EU Project Partner: Hungarian CITES MA Workshops : 12 Expert missions: 3 Total participants: more than 500 Study visits: 1 Experts from: Hungary, Czech Republic, Portugal, Spain, Italy, Germany and Poland Institutions involved: CITES MA, CITES SA, Environmental Inspection, Customs, Border Police, Criminal Investigation Police, Public Prosecutor s Office, Administrative Offence Courts, Criminal Offence Courts, Zoological parks, etc. 9

10 IMPLEMENTATION - Actions SR/2012/IB/EN/01 Twinning Light Project Seven Three day workshops on CITES and control of transboundary movement and trade on all land and air border control posts 275 Customs officers and 182 Border police officers One Three day workshop on control of internal trade and possession Env.Inspectors and CITES Scientific Authority Staff 17 Participants Two workshops on filing processes and sanctioning offences - Judges, Prosecutors, Env.Inspectors, Police, Customs 40 participants One Workshop on disposal, handling and care of confiscated wildlife Env. Inspectors, Veterinarians and Zoo staff 30 participants Three Expert missions - Legislation Gap Analysis and Assessment of national priorities for CITES and wildlife trade control enforcement One Study visit to CITES authorities in Portugal Host Institution: Instituto da Conservação da Natureza e das Florestas, Participants: 2 CITES MA, 1 Customs, 1 Border police and 1 Env. Inspection 10

11 Border Police upon entry Near Preševo border with FYRM ( ) Hidden in the car (in sacks) 126 specimens CITES II (Testudo graeca &Testudo marginata) Enforcement Border vet. Inspection + Border Police upon entry on Belgrade Int. Airport (September 2010) 22 specimens CITES II (Ramphastos tucanus, Ramphastos vitellinus, Pteroglossus aracari) Commercial export of supposedly non-cites birds from UAE (CITES birds discovered with no papers) Border Police upon entry Near Preševo - border with FYRM ( ) 1327 specimens Emys orbicularis non CITES (national protection) Hidden in the car (in sacks) 11

12 Enforcement Customs on exit (bus en route from CZ to BL) Gradina Border with BUL ( ) More than 50 specimens of amphibians and reptiles (CITES and non-cites species), 11 poisonous snakes Environmental Inspectorate (Internal control): Ralja - May-October poisonous snakes (25 specimens) illegal keeping 12

13 Enforcement Environmental Inspection (Internal control): Novi Pazar September Illegal possession of dangerous animals and CITES listed specimens Customs upon entry Horgoš Border with HUN ( ) 6 (Macaca sylvanus CITES II) in trunk of passanger car Customs upon entry from Nigeria Belgrade Int. Airport ( ) 2 skins in passenger luggage (Panthera pardus CITES I ) 13

14 Enforcement Customs Gradina border with BUL on exit ( ) 250 specimens smaller parrots (CITES II and non- CITES) In trunk of car Customs: Horgoš - border with HU ( ) on exit Ara hybrid (CITES II) passanger car from TR en route to EU Env. Inspection (internal control) Belgrade ( ) Illegal import and possession of 2 specimens of Amazona leucocephala (CITES I) Customs: Horgoš border with HUN on entry ( ) 11 specimens of CITES II parrots Provincial Environmental Inspection (Internal): Subotica ( ) 4 specimens of Ara macao (CITES I) illegal possession 14

15 Enforcement Border Police & Customs Horgoš Border with HUN ( ) 2 specimens Ara ararauna in sacks in the boot and on back seat of the car Customs: Kelebija - Border with HUN ( ) 11 CITES II parrots hidden in car (boxes, jacket, etc.) Environmental Inspection (internal) Smederevska palanka ( ) Illegal posession and sale over the internet, 8 specimens of poisonous snakes CITES and non-cites 15

16 Enforcement Provincial Environmental Inspeciton (Internal): Senta Illegal posession Falco peregrinus (CITES I) Env. Inspection (internal control): Belgrade : Illegal possession of 2 birds (CITES II) Provincial Environmental Inspeciton (Internal) : Pančevo : Ilegal sale and possession of strictly protected species (non-cites) Prov. Env. Inspeciton (Internal) : Bački Petrovac ( ): Primolius maracana (CITES I) illegal possession 16

17 Enforcement Border Police and Customs: Batrovci on exit - Border with HR (11.02.; and ) Psittacus erithacus (CITES II) individual specimens or pairs in passenger cars from TR Police and Env. Inspection (internal): South Serbia poaching of an adult wild female Ursus arctos (CITES II ), rescue of 3 cubs (currently in a specialized rehabilitation facility in Romania) 17

18 Enforcement Env. Inspection (internal control): Belgrade : Illegal sale of sturgeon caviar (CITES II) Customs: Post Office Belgrade ( and ): Python skin bags and shoes in shipment s (CITES II ) no CITES permits Customs: Border with MK ( ): 2 specimens of Geochelone sulcata (CITES II) No valid CITES permits Prov. Env. Inspection (internal control): Novi Sad : Illegal possession of 5 snakes Lichanura trivirgata (CITES II) Customs and Env. Inspeciton Belgrade ( ): Lynx rufus and Prionailurus bengalensis bags and fur coats (CITES II) no CITES permits 18

19 Implementation Gaps The lack certain sanctioning provisions for some offences currently impedes activities of enforcement authorities The number of Environmental inspectors is not sufficient to effectively cover all aspects of wildlife trade control at the same time (internal and transboundary trade) and efficiency would be greatly improved if enforcement authorities (namely Customs and Police) are also given direct competences for wildlife trade controls through national legislation provisions, The costs resulting from a confiscation are often not covered by the offender, as the existing legislation gives limited legal basis for obliging the offender to cover the expenses Temporary and final placement of seized/confiscated specimens poses a serious problem for all authorities involved due to the lack of viable options for placement of live animals, as zoos and rescue centers have limited capacities in terms of facilities and funding 19

20 Conclusion Alignment: Partial. Changes to the national legislation will ensure more efficient implementation of the required wildlife trade provisions. Full alignment by June 2016 Competences: Defined in national legislation, but require revision in terms of explicit definition of tasks and obligations Implementation: Partial, but as national wildlife trade provisions aligned in great part with EU WTR it is ongoing from 2009 and improving, with seizures and confiscations demonstrating effective enforcement. The CITES Management Authority will continue with regular capacity building activities on wildlife trade regulation enforcement Full implementation: by