The European Union and wildlife trafficking
Observations (1/2)
The whole discussion on illegal wildlife trade within the CITES and within the EU, clarifies three aspects:
- wildlife trafficking is a global phenomenon. States alone or the EU alone will not be able to end or even contain this illegal activity;
- the problem is not so much the lack of existing provisions to stop illegal wildlife trade. Rather, it is almost entirely a problem of ensuring that the existing legal provisions are properly enforced and applied;
- there is not a single miracle solution to reduce or even stop illegal wildlife trade. Rather, numerous small steps at local, national, EU and global level are necessary and need to be taken continuously, in order to successfully combat wildlife trafficking.
The global phenomenon of illegal trade in fauna and flora cannot relieve the EU of its responsibility for taking all possible steps to fight wildlife trafficking within the EU and at global level. Indeed, the EU is the biggest trading block in the world - including illegal trade in wildlife. Furthermore, the EU assumed responsibility for protecting - at home and globally - trade in endangered species by adhering, together with all its Member States, to the CITES Convention. Also, the EU is based on the rule of law (Article 2 Treaty of European Union) and cannot disregard illegal activities which occur within the EU, without abandoning or ignoring one of its own fundamental principles.
Application and enforcement of environmental provisions that were adopted by the EU lies in the hands of Member States (Article 192(4) TFEU). One might argue whether this approach is also appropriate in cases such as the present, where the EU adopted a regulation in order to structure and organise a specific sector. In any case, the European Commission has, according to Article 17 TEU, the obligation to ensure the application of the measures which were adopted by the EU. Where the application of a regulation – such as Regulation 338/97 - is in question, the obligation of the Commission under Article 17 TEU to ensure its full application increases and might require the taking of specific measures.