The European Union and wildlife trafficking

Regulation 338/97 contained four annexes, the content of which is determined in Article 3. Annex A contained species of fauna and flora that are listed in Appendix I to the CITES Convention and are thus threatened with extinction, furthermore species which are in a similar situation (see Article 3 for the details of the four annexes Regulation 338/97). All commercial trade in Annex A-species was forbidden and the introduction of specimens into the EU was only allowed for scientific or research purposes (Article 4 (1), Article 8 (1) and (3)).

Annex B contained species listed in Appendix II of the CITES Convention (see Article IV of the CITES Convention), species of Appendix I of the CITES Convention for which an EU Member State had entered a reservation to the inclusion in Appendix I of the CITES Convention (see Article XV of the CITES Convention), as well as species which fulfilled some other similar criteria. Commercial use of these species was heavily restricted (an exception is only possible under the conditions of Article 8(5) of Regulation 338/97). Annex C listed species contained in Appendix III of the CITES Convention and species which complied with some other criteria. Annex D, finally, which has no corresponding Appendix in the CITES Convention, listed in particular other species than those enumerated in the previous annexes, which were imported into "in such numbers as to warrant monitoring". All species were listed with their Latin names, though the "common name" of the species was added in an EU language.

The main monitoring of trade in endangered species under Regulation 338/97 is accomplished with the assistance of the Committee on Trade in Wild Fauna and Flora, in which all Member States are represented. The Committee is systematically consulted by the Commission and any controversy which might appear following the issuing or refusal of a permit or a certificate is discussed and regularly solved by consensus. The Committee also discusses draft proposals which the Commission might, at a later stage, either adopt itself or submit to the Council for decision. This concerns for example the position which the EU should adopt during the meetings of the Conference of the Parties to the CITES Convention, or amendments of one of the annexes to Regulation 338/97. In this way, in particular detailed provisions for the permit procedure, the models for permits and certificates, for simplified procedures, annual and bi-annual reports and other administrative aspects were agreed, adopted (Commission Regulation 865/2006) and, when necessary, amended or updated (Commission Regulation 791/2012 and Commission Regulation 792/2012).