The European Union and wildlife trafficking
EU Regulation 338/97 is stricter than the provisions of the CITES Convention
On a number of issues, Regulation 338/97 is stricter than the provisions of the CITES Convention. The most important aspects concern the following:
- The purchase, offer to purchase, acquisition for commercial purposes, display to the public for commercial purposes, use for commercial gain and sale, keeping for sale, offering for sale and transporting for sale of specimens of the species listed in Annex A is prohibited (Article 8). Exemptions and derogations are only possible under very restricted conditions (Article 8(3) and (4)). The restrictions mentioned also apply to Annex B-specimens, unless it can be proven that the specimen in question was legally acquired (Article 8(5)). As the CITES Convention does not deal with the situation within the borders of the different parties and limits itself to cross-border trade issues, it does not contain a corresponding provision.
- Any movement within the EU of a live Annex A-specimen requires an authorisation (Article 9).
- The Commission may establish general restrictions or restrictions relating to certain countries of origin, on the introduction into the EU of certain specimens. Since 2009, the Commission has published such lists annually, suspending the introduction of certain species (Commission Implementing Regulation 578/2013 and Commission Implementing Regulation 2015/736).
- Annex A of Regulation 338/97 contains numerous animal and plant species which have, under the CITES Convention, a lower degree of protection as they are listed in Appendix II or III of that Convention; also some species are included which are not covered by the Convention. Annex B contains several species which are only listed in Appendix III of the CITES Convention, as well as some species for which the Convention does not provide protection. And the Convention does not provide for any degree of protection of the species that are listed in Annex D to Regulation 338/97.