EU Nature Protection Legislation – Focus on Species Protection

How are decisions made on the issuance of permits?
Conditions for the issue of permits and certificates for international trade in a species listed in the CITES Appendices include:

• questions with regard to whether or not trade will be detrimental to its survival;
• whether the specimens were legally acquired;
• the preparation for shipment of live specimens, and
• for Appendix I-listed species, whether the importer has suitable facilities to house and care for live specimens.

What permits are needed under CITES?
For specimens of species listed in Appendix I an import permit issued by the Management Authority of the importing country and an export permit (or re-export certificate) issued by the Management Authority of the (re-)exporting country will be required. These may be issued only if the specimen is not to be used for primarily commercial purposes and if the trade will be for purposes that are not detrimental to the survival of the species.
For specimens of species listed in Appendix II an export permit or re-export certificate issued by the Management Authority of the State of export or re-export is required. No import permit is needed unless required by national law.
For specimens of species listed in Appendix III either an export permit (if exported from the country that included the species in Appendix III) or a certificate of origin (if exported from any other country) is needed.

Are there any exemptions?
The Convention provides for several conditioned exemptions and derogations from its provisions (see Section 3.6). They concern transit and transhipment, specimens acquired before the Convention became applicable to them (pre-Convention specimens), certain specimens that are personal or household effects, captive-bred animals and artificially propagated plants, the exchange of specimens between scientists and scientific institutions, trade in biological samples, certificates for travelling exhibitions, certificates for the frequent non-commercial cross-border movement of musical instruments and CITES certificates for personal ownership. Such transactions/specimens are less strictly regulated.