EU Nature Protection Legislation – Focus on Species Protection

At the EU Law landscape, 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.

In 2014, the Commission found that the aforementioned recommendations "have been implemented unevenly across the EU" and that they had not addressed the organised crime angle of wildlife trafficking (see Commission Communication on the EU approach against wildlife trafficking). It thus launched a stakeholder consultation on the future EU approach to wildlife trafficking. Overall, 86 answers were received, including from 16 EU Member States, the United Nations, the CITES Secretariat and 35 non-governmental organisations.

In the light of different reactions to its initiatives, the Commission services prepared, in July 2015, a Roadmap for an EU action plan against wildlife trafficking. This roadmap summarised all existing data and experience on wildlife trafficking in the EU. It suggested three options for action:

• Option 1 would strengthen the enforcement of wildlife trade rules at the EU and global level, mainly by revising the 2007 Commission Recommendation. This revision would target organised wildlife crime and set up a monitoring mechanism for the actions contained in the Recommendation.
• Option 2 would consist of a Communication to other EU institutions, without new legislative proposals. The Communication would not be limited to enforcement questions, but would suggest (a) the prevention of wildlife trafficking through support for wildlife management and anti-poaching activities, raising awareness, encourage sustainable sourcing of wildlife products; (b) strengthening enforcement and fighting organised wildlife crime more effectively by improving international cooperation, set up EU strategic enforcement priorities, raise awareness and support training throughout the entire enforcement chain and the judiciary; (c) building a global partnership against wildlife trafficking by improving coordination with third countries, the use of diplomatic tools and inclusion of commitments in trade agreements, by increasing EU development support and better coordination. The action plan would provide for timelines, benchmarks and monitoring by the Commission.
• Option 3 would consist of the measures of Option 2, plus new legislative proposals concerning sanctions and to define organised wildlife crime as a serious crime with a sanction of at least four years imprisonment.