The CITES Convention and trade in animals and plants
Appendix II of the CITES
Captive-bred animals and cultivated plants of Appendix I species are treated as Appendix II specimens. Species that are protected under Appendix I include, for example, gorillas, tigers, leopards, Asiatic lions, rhinoceros, Asian elephants and some populations of African elephants, chinchillas, dugongs, manatees and red pandas.
Appendix II lists "all species which although not necessarily now threatened with extinction may become so unless trade in specimens of such species is subject to strict regulation", and, furthermore, other species which must be subject to regulation in order that trade in specimens of certain species may be brought under effective control.
Article IV of the Convention also requires an export permit for the export of any specimen of a species listed in Appendix II. Such an export permit may only be granted when all of the following conditions are complied with:
- a scientific authority of the exporting state has ruled that such export will not be detrimental to the survival of that species;
- a management authority of the exporting state is satisfied that the specimen was not obtained in contravention of the laws of the exporting state concerning the protection of fauna and flora;
- a management authority of the exporting state is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment.
In order to be able to import a specimen of a species listed in Appendix II, the prior presentation of an export permit is required. Specific provisions apply to the re-export of a specimen of Appendix II and to the import of a specimen from international waters which are not under the jurisdiction of any state. Under Appendix II, for example, bison, hippopotamus, most of the vicuna, musk deer, wolf or otter (some species are listed in Appendix I) are protected.
Appendices I and II may be amended based on the proposal of any party to the Convention. Decisions on such proposals are taken by the Conference of the Parties, where all parties are allowed to participate. A two-thirds majority of the parties present and voting is required to adopt an amendment (Article XV). An amendment enters into force 90 days after the voting. However, any party may make a written reservation with respect to the amendment. Such a reservation has the effect of not making the amendment applicable to that party.
Appendix III lists all species "which any party identifies as being subject to regulation within its jurisdiction for the purpose of preventing or restricting exploitation, and as needing the cooperation of other parties in the control of trade" (Article II(3)).