EU Nature Protection Legislation – Focus on Species Protection

Appendix III of the CITES
Article V of the Convention provides that the export of a specimen of a species included in Appendix III from a state which has included that species in Appendix III shall require an export permit. Such an export permit shall only be granted when:

• (a) a management authority of the exporting state is satisfied that the specimen was not obtained in contravention of the laws of that state for the protection of fauna and flora, and
• (b) a management authority of the exporting state is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment.

As Appendix III is composed of unilateral communications from the parties to the Convention, any amendment of it when a new species is added, enters into force 90 days after its submission to the CITES Secretariat. However, any party may, at any time, make a written reservation with respect to any species in Appendix III, with the effect that the trade restriction for that species does not apply to it (Article XVI(2)).

In its Article VII, the Convention allows or requires Parties to make certain exceptions to the general principles described above, notably in cases such as for specimens in transit or being transhipped [see Resolution Conf. 9.7 (Rev. CoP15)], for specimens that were acquired before CITES provisions applied to them (known as pre-Convention specimens, see Resolution Conf. 13.6 (Rev. CoP16), for specimens that are personal or household effects [see Resolution Conf. 13.7 (Rev. CoP16)], for animals that were ‘bred in captivity’ [see also Resolution Conf. 10.16 (Rev.)], for plants that were ‘artificially propagated’ [see also Resolution Conf. 11.11 (Rev. CoP15)], for specimens that are destined for scientific research, for animals or plants forming part of a travelling collection or exhibition, such as a circus [see also Resolution Conf. 12.3 (Rev. CoP17)].