EU Nature Protection Legislation – Focus on Species Protection

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The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
Protection regime

 

CITES works by subjecting international trade in specimens of selected species to certain controls. All import, export, re-export and introduction from the sea of species covered by the Convention has to be authorised through a licensing system. Each Party to the Convention must designate one or more Management Authorities in charge of administering that licensing system and one or more Scientific Authorities to advise them on the effects of trade on the status of the species.

The animal and plant species subject to different degrees of regulation are listed in one of three Appendices of the Convention according to the degree of protection they need. Overall, the CITES Convention protects about 5 800 species of animals and 300 000 species of plants.

Appendix I of the CITES
The Convention contains four appendices: Appendix I lists fauna and flora species threatened with extinction which may be affected by trade. Commercial trade in specimens of such species is illegal and only allowed in exceptional circumstances. In order to export a specimen of Appendix I, an export permit is needed. According to Article III of the Convention, this export permit may only be granted, when:

  • (a) a scientific authority of the exporting state has ruled that such an export will not be detrimental to the survival of the species;
  • (b) a management authority of the exporting state has ruled that export will not be detrimental to the survival of the species;
  • (c) a management authority of the exporting state is satisfied that any living animal or plant will be so prepared and shipped as to minimise the risk of injury, damage to health and cruel treatment;
  • (d) an import permit for the specimen has been granted and submitted to the management authority of the exporting state. An import permit shall only be granted, when (1) a scientific authority of the importing state has ruled that the import will be for purposes which are not detrimental to the survival of the species involved, (2) a scientific authority of the importing state is satisfied that the proposed recipient of a living animal or plant is suitably equipped to house and care for it, (3) a management authority of the importing state is satisfied that the animal or plant is not to be used for primarily commercial purposes.