EU Nature Protection Legislation – Focus on Species Protection

The EU Wildlife Trade Regulations not only implement the provisions of CITES fully but go beyond the Convention in some respects, for example:

• Annexes contain non-CITES listed species: the EU Wildlife Trade Regulations have four Annexes of which A, B and C largely correspond to the first three Appendices of the Convention but also contain some non-CITES listed species protected under EU internal legislation.
• Some species are listed in a “higher” equivalent Annex in the EU: i.e. are listed in CITES Appendix II, but in EU Annex A, and trade in these species is consequently more strictly controlled by EU Member States than by other CITES Parties.
• Annex D has no equivalent in CITES and contains species for which import levels are monitored.
• The EU has stricter import conditions: import permits are required for Annex B-listed species (not required under CITES for Appendix II-listed species). Import notifications are required for Annex C and D.
• Proper housing conditions are required for live specimens of species listed in Annex A and in Annex B; CITES requires suitable care and housing only for imports of live specimens of Appendix I-listed species.
• Internal EU trade in Annex A-listed species is controlled - CITES only regulates international trade.
• The EU can restrict imports of species from certain countries: Regulation (EC) No 338/97 enables the Commission to suspend imports with regard to certain specimens even if the trade is allowed under CITES.

Sanctions and Reporting
Article 16 of Regulation 338/97 requires Member States to fix sanctions for thirteen infringements of the Regulation. These sanctions must be appropriate to the nature and gravity of the infringement and shall include provisions on the seizure and confiscation of specimens. Whether sanctions are of criminal, administrative or civil nature is left to each Member State to decide.

Under Article 15(4) of Regulation 338/97 and Article 69 of Regulation 865/2006, Member States shall only ensure that the Commission receives the information which is sent to the CITES Secretariat. The Commission makes these reports available on the internet and also publishes an analysis of the annual and bi-annual reports. National and EU reports to the CITES are limited to compliance issues concerning the Convention and information on the legal trade in non-CITES species. They do not contain information on illegal trade in endangered species, details of investigations, seizures, confiscations, convictions and etc.