The European Union and wildlife trafficking

Complex provisions of Regulation 338/97 and Regulation 865/2006 deal with the legal trade in wildlife. Except for the provisions of Directive 2008/99/EC on the protection of the environment by criminal law, mentioned above, there are no explicit EU provisions on wildlife trafficking in general (see, however, Regulation 995/2010 and Regulation 1005/2008), though one might argue that all trade in species which does not comply with the provisions of Regulation 338/97, is illegal and thus prohibited. In this sense, the fight against wildlife trafficking is the other side of the medal of enforcing the application of the CITES Convention and of Regulation 338/97: if the rules of the CITES Convention and Regulation 338/97 were completely enforced, there would be no illegal trade in endangered species in the EU. Illegal wildlife trade takes place because tourists are attracted by the idea of possessing exotic animals or plants or parts thereof; because there is a high demand for elephant tusks (ivory), rhinoceros horns and other animal and plant parts for traditional medicine and for artisan use in Asia; because prices on the black market for wildlife - tiger bones, bush meat, ivory, orchids, parrots etc. - are high; because the risk of being detected is relatively small; and because sanctions for illegal trafficking are normally low. INTERPOL, the CITES Secretariat, the European Commission and other organisations or bodies report that in recent years, organised criminal groups have considerably increased their activity in wildlife crime.

In 2007, the Commission adopted a Recommendation on the better enforcement of regulation 338/97. It declared that illegal wildlife trade "causes serious damage to wildlife resources, reduces the effectiveness of wildlife management programmes, undermines legal, sustainable trade and threatens sustainable development particularly in the developing economies of many producing countries". The measures which it recommended were to be carried out by Member States. Member States should develop national action plans for the coordination of the enforcement of Regulation 338/97. All enforcement agencies should have adequate financial and personal resources. Penalties for infringements should act as a deterrent against wildlife trade crime and should also take into account the market value of the specimens, the conservation value of the species involved and the costs incurred. Enforcement agencies, prosecution services and the judiciary should have adequate training on Regulation 338/97 and on the identification of species. There should not only be checks at border-crossing points, but also regular checks in-country on traders and holders of species, such as pet shops, breeders and nurseries. Awareness by the public and stakeholders of the negative impacts of illegal wildlife trade should be improved.