Explanatory screening meeting with Serbia September 2014 CITES Team DG ENV
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1 EU legislation on Wildlife Trade (CITES) Explanatory screening meeting with Serbia September 2014 CITES Team DG ENV
2 Introduction and overview EU legislation on Wildlife Trade is composed of: Council Regulation (EC) No 338/97 (Basic Regulation) Commission Regulation (EC) No 865/2006 (Implementing Regulation) Commission Implementing Regulation (EU) 792/2012 (Permits Regulation) Commission Regulation (EU) No 888/2014 (Suspensions Regulation)
3 What do the Regulations do? They regulate import into and export from the EU of species threatened with extinction or at risk (listed in Annexes) They establish a permitting system to ensure trade only takes place if sustainable They establish a system to control intra- EU trade and movement
4 Link with CITES provisions Implementation of CITES provisions and Resolutions into EU legislation Establishment of additional stricter requirements for the regulation of intraand extra-eu wildlife trade
5 More than CITES Annexes include some non-cites listed species Stricter import conditions for Annex A and B species Additional: Annex D for species to simply monitor trade Housing conditions are specified for live Annex A and B specimens (animals)
6 The Annexes to the Basic Regulation Annexes A, B and C broadly correspond to CITES Appendices I, II and III, with the following differences: species for which EU Member States entered a reservation; additional species included in the Annexes (for better protection of the species, for look-alike reasons or because they are invasive species) Annex D has no equivalent in CITES
7 Principal Requirements / Obligations for Member States Obligations for Member States a) Designate authorities (Arts. 12 & 13) b) Implement permitting system for imports and exports (Arts. 4 & 5 + Sections 2-5 of Implementing Reg.) c) Implement certification system for intra-eu trade and movement (Arts. 8 & 9 + Section 6 of Implementing Reg.) d) Enforcement: Monitoring compliance (Art. 14) and imposing sanctions (Art. 16) e) Submit annual and biennial reports and notifying measures (Art. 15 & 20)
8 Designation of CITES authorities Management Authority (Article 13(1)) Designate Management Authority (-ies) For implementation of Regulation and communication with Commission Management Committee (with MAs of all MS; chair EC; 4 times/year)
9 Designation of CITES authorities Scientific Authority (Article 13(2)) Scientific Authority to be appropriately qualified and separate from the Management Authority Clearly described tasks and responsibilities for Scientific Authorities Scientific Review Group (with SAs of all Member States; chair EC; 4 times/year)
10 Designation of CITES authorities Enforcement Group (Article 14(3)) Ensure implementation and monitor compliance with the provisions of the Regulation Opinions of the Enforcement Group shall be conveyed to the Committee Enforcement Group (with enforcement officers of all Member States; chair EC; 2 times/year)
11 Designation of CITES authorities Customs Offices (Article 12) Carry out the checks and formalities for imports and exports to and from the EU Sufficiently and adequately staffed Requirement to inform public at border crossings
12 Implementation of permitting system for imports and exports
13 Annex A Import conditions Import permit Not for primarily commercial purposes Valid (re-)export document No negative opinion Scientific Review Group/ No Article 4.6 restriction No harmful effect on conservation status of the species or extent of territory occupied Non-detrimental purpose Live specimens to be properly housed No other conservation factors
14 Annex B Import conditions Import permit Valid (re-)export document Non-detriment finding: verify that import has no harmful effect on conservation status of the species or extent of territory occupied No negative opinion Scientific Review Group / no Article 4.6 restriction Live specimens to be properly housed Difference with Annex A is that import purposes are not restricted
15 No negative opinion Scientific Review Group / no Article 4.6 restriction Scientific Authority of an importing Member State decides that conditions are not met Other Members States Scientific Authorities must agree to form a common Scientific Review Group opinion European Commission consults exporting country for comment in case of negative opinion Opinion re-considered: confirmed or revoked Art. 4.6: Suspension Regulation 757/2012 with about 300 species from 100 countries (species/country)
16 Derogations for imports/exports (Article 7) Captive bred/artificially propagated Annex A specimens are treated as Annex B Concerning transit: import permit not required but there must be valid CITES (re-)export documentation Non-commercial exchange between registered scientific institutions allowed with label Personal effects exemptions
17 Imports Annexes C and D No need for national authorities to issue an import permit Control at border offices that relevant documents are accompanying the shipment
18 Conditions applying to export from the EU EU system reflects CITES provisions EU export permits delivered by national Management Authority on the basis of written advice by the Scientific Authority
19 Implementation of certification system for intra-eu trade and movement
20 Prohibitions of commercial activity for Annex A specimens (Art. 8(1)) Sale, incl. keeping, offering and transport for sale Use for commercial gain Display to the public for commercial purposes Purchase Offer to purchase Acquisition for commercial purposes Prohibitions apply to Annex B unless proof of legal origin/acquisition (Article 8(5))
21 Exemptions from prohibitions for Annex A specimens (Article 8(3)) Specific exemptions may be granted by Member States by means of a certificate e.g. for: Pre-Regulation specimens Captive born and bred Intended for breeding/research with conservation benefits Specimens originating from a Member State and harvested in accordance with the legislation in place Under the same conditions, general derogations adopted under EU law for certain captive born and bred specimens (which need to be marked ) and artificially propagated plants
22 Intra-EU movement of live specimens (Art. 9) Annex A: Authorization for movement of live wild specimens (adequate accommodation) or proof of legal origin Annex B: Holder to inform recipient of requirements for proper care All specimens: Transport in conformity with EU legislation on protection of animals
23 Enforcement: Monitoring compliance and sanction infringements Member States must: (Articles 14 and 16) Monitor compliance with the provisions of the Regulation Take appropriate steps to ensure compliance / instigate legal action, in particular ensure imposition of sanctions for infringements Inform Commission / CITES Secretariat of significant infringements
24 Reporting (Article 15) Member States must submit: Annually by 15 June: report on trade So far: Biennially by 15 June; report on legislative, regulatory and administrative measures Timeline and format of Biennial Report under revision by CITES
25 More information?
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