EU Wildlife Trade Regulation
Protecting species of wild fauna and flora by regulating the trade therein.Council Regulation (EC) No. 338/97 (9 December 1996)
Council Regulation (EC) No. 338/97
Council Regulation (EC) No. 338/97
The European Union Wildlife Trade Regulation, Council Regulation (EC) No. 338/97 came into effect on 1 June 1997. The aim of the Regulation is to protect wild animals and plants currently or likely to become threatened by international trade, by regulating the trade in these species. It enforces CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) within the EU and provides additional measures for the conservation of species in trade.
The full text is published in the Official Journal of the European Communities, L 61, Volume 40, 3 March 1997 (ISSN 0378-6978) and is available in all eleven languages of the European Community. Search the following document.
The former Regulation (EEC) No 3626/82, which had been in effect since 1984, needed to be replaced for three reasons:
· To take
into account scientific knowledge acquired since its adoption
· To adequately reflect the current structure of trade
· To cope with the abolition of internal border controls which resulted
from the Single Market. The abolition of internal borders has made necessary
the adoption of stricter trade control measures at the Community's external
borders.
Subsequent regulations have been produced that correct, implement or amend Council Regulation (EC) No. 338/97. Details are available here. Council regulation (EC) No 939/97 lays down rules concerning implementation of Regulation 338/97. Other regulations amend the Annexes and list import restrictions.
(NB Information
on SRG Opinions is provided in Notes from Directorate E - Global and International
Affairs of the European Commission to the Scientific Authorities of the Member
States)
Commission Regulation (EC) No. 338/37 covers species listed in its four Annexes:
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Annex |
Includes |
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Annex A |
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Annex B |
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Annex C |
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Annex D |
These Annexes are updated periodically by subsequent regulations that amend Regulation 338/97.
The date of the Annex listing is given in the EU Internet database under the heading Date listed.
Definition of CITES Appendices
For a definition
of the CITES Appendices please select from the following languages: English,
French,
Spanish.
Opinions and Restrictions on the Import of Specimens of Species
CITES Management Authorities in each Member State decide whether the requirements of Regulation 338/97 are met in the case of any particular permit application. In doing so, they and the CITES Scientific Authorities who assist them follow any agreements made at the Community level. With respect to imports of specimens of species included in Annex B (which includes most of the regularly traded species) there are two factors of importance at the Community level: opinions and restrictions.
Current Opinions and Restrictions
The EU Wildlife Trade Reference Database shows the current SRG opinions and community import restrictions. It can be used as an indication about whether or not an import permit might be issued in particular circumstances.
However, it should be clearly understood that firstly all other conditions (valid export permit, suitable housing conditions for live animals etc.) for the issue of a permit must be met, and secondly that the conservation circumstances surrounding species can and do change and this may result in a different consequence than that implied by the entries in the EU Wildlife Trade Reference Database tables.
Explanation of codes: (+), (-)
Specimens of species listed in Annexes A and B are subject to special restrictions, including the need for an import permit for introduction into the EC. Import permits may only be issued after considering any opinion by the Scientific Review Group (SRG). Opinions may be positive (+) or negative (-).
Relevant Articles of Council Regulation 338/97 relating to Opinions:
· The Scientific
Review Group (SRG) is established under Article 17.
· The need to consider opinions of the SRG is established under Article
4 1 (a) and 4 2 (a)
Opinions of the (SRG) may exist in cases where the SRG has examined whether or not imports in particular circumstances would comply with the conservation requirements of Regulation 338/97. The SRG opinion may change rapidly if new information about the trade or conservation status of a species in a particular country of origin becomes available. The opinion of the SRG will normally be followed by individual Scientific Authorities but is only indicative and Scientific Authorities of Member States can give a different opinion to that of the SRG (e.g. if new information becomes available). Where there is no SRG opinion, the decision about whether or not the conservation requirements of Regulation 338/97 are met will be taken by the Scientific Authority of the Member State in question. Should they find that the conditions are not met, this information will be immediately relayed to the other Member States and a uniform position adopted by all Member States.
Explanation of restrictions codes: a, b, c, d
Import restrictions may be imposed establishing general restrictions or restrictions relating to certain countries of origin.
Article 4.6 of Council Regulation 338/97 lists four categories (a), (b), (c) and (d) against which these restrictions may be imposed. These letters are listed on the database, indicating which sub-paragraph applies in each case
When the SRG has given a negative opinion about the acceptability of the imports of a certain species from a certain country of origin (or in the case of species suffering high mortality in transport, unlikely to survive in captivity, or proven to cause ecological threat to native species), the European Commission will consult with the country of origin concerned and may subsequently establish a binding import restriction, which will be published in the Official Journal of the European Communities. Member States will respect these restrictions until such time as they are lifted. The revised list of species subject to restrictions is given in Commission Regulation (EC) No 1988/2000 and Annexes.
Legislation providing for Opinions and Restrictions
A copy of the relevant text from the Official Journal of the European Communities Council Regulation (EC) No 338/97 of 9 December 1996 relating to opinions and decisions is provided below.
Article 4: Introduction into the Community
1. The introduction into the Community of specimens of the species listed in Annex A shall be subject to completion of the necessary checks and the prior presentation, at the border customs office at the point of introduction, of an import permit issued by a management authority of the Member State of destination.
The import permit may be issued only in accordance with the restrictions established pursuant to paragraph 6 and when the following conditions have been met:
(a) the competent scientific authority, after considering any opinion by the Scientific Review Group, has advised that the introduction into the Community:
(i) would not have a harmful effect on the conservation status of the species or on the extent of the territory occupied by the relevant population of the species;
(ii) is taking
place:
- for one of the purposes referred to in Article 8(3) (e), (f) and (g), or
- for other purposes which are not detrimental to the survival of the species
concerned;
(b)
(i) the applicant provides documentary evidence that the specimens have been
obtained in accordance with the legislation on the protection of the species
concerned which, in the case of import from a third country of specimens of
a species listed in the Appendices to the Convention, shall be an export permit
or re-export certificate, or copy thereof, issued in accordance with the Convention
by a competent authority of the country of export or re-export;
(ii) however, the issuance of import permits for species listed in Annex A in accordance with Article 3(1)(a) shall not require such documentary evidence, but the original of any such import permit shall be withheld from the applicant pending presentation of the export permit or re-export certificate;
(c) the competent scientific authority is satisfied that the intended accommodation for a live specimen at the place of destination is adequately equipped to conserve and care for it properly;
(d) the management authority is satisfied that the specimen is not to be used for primarily commercial purposes;
(e) the management authority is satisfied, following consultation with the competent scientific authority, that there are no other factors relating to the conservation of the species which militate against issuance of the import permit; and
(f) in the case of introduction from the sea, the management authority is satisfied that any live specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.
2. The introduction into the Community of specimens of the species listed in Annex B shall be subject to completion of the necessary checks and the prior presentation, at the border customs office at the point of introduction, of an import permit issued by a management authority of the Member State of destination.
The import permit may be issued only in accordance with the restrictions established pursuant to paragraph 6 and when:
(a) the competent
scientific authority, after examining available data and considering any opinion
from the Scientific Review Group, is of the opinion that the introduction into
the Community would not have a harmful effect on the conservation status of
the species or on the extent of the territory occupied by the relevant population
of the species, taking account of the current or anticipated level of trade.
This opinion shall be valid for subsequent imports as long as the above mentioned
aspects have not changed significantly;
(b)
the applicant provides documentary evidence that the intended accommodation
for a live specimen at the place of destination is adequately equipped to conserve
and care for it properly;
(c) the conditions referred to in paragraph 1(b)(i), (e) and (f) have been met.
3. The introduction into the Community of specimens of the species listed in Annex C shall be subject to completion of the necessary checks and the prior presentation, at the border customs office at the point of introduction, of an import notification and:
(a) in the case of export from a country mentioned in relation to the species concerned in Annex C, the applicant shall provide documentary evidence, by means of an export permit issued in accordance with the Convention by an authority of that country competent for the purpose, that the specimens have been obtained in accordance with the national legislation on the conservation of the species concerned; or
(b) in the case of export from a country not mentioned in relation to the species concerned in Annex C or re-export from any country, the applicant shall present an export permit, a re-export certificate or a certificate of origin issued in accordance with the Convention by an authority of the exporting or re-exporting country competent for the purpose.
4. The introduction into the Community of specimens of the species listed in Annex D shall be subject to completion of the necessary checks and the prior presentation of an import notification at the border customs office at the point of introduction.
5. The conditions for the issuance of an import permit as referred to in paragraph 1(a) and (d) and in paragraph 2 (a), (b) and (c) shall not apply to specimens for which the applicant provides documentary evidence:
(a) that they had previously been legally introduced into or acquired in the Community and that they are, modified or not, being reintroduced into the Community; or
(b) that they are worked specimens that were acquired more than 50 years previously.
6. In consultation with the countries of origin concerned, in accordance with the procedure laid down in Article 18 and taking account of any opinion from the Scientific Review Group, the Commission may establish general restrictions, or restrictions relating to certain countries of origin, on the introduction into the Community:
(a) on the basis of the conditions referred to in paragraph 1(a)(i) or (e), of specimens of species listed in Annex A;
(b) on the basis of the conditions referred to in paragraph 1(e) or paragraph 2(a), of specimens of species listed in Annex B; and
(c) of live specimens of species listed in Annex B which have a high mortality rate during shipment or for which it has been established that they are unlikely to survive in captivity for a considerable proportion of their potential life span; or
(d) of live specimens of species for which it has been established that their introduction into the natural environment of the Community presents an ecological threat to wild species of fauna and flora indigenous to the Community.
The Commission shall on a quarterly basis publish a list of such restrictions, if any, in the Official Journal of the European Communities
7. Where special
cases of transhipment, air transfer or rail transport occur following introduction
into the Community, derogations from completion of the checks and presentations
of import documents at the border customs office at the point of introduction
which are referred to in paragraphs 1 to 4 shall be granted in accordance with
the procedure laid down in Article 18, in order to permit such checks and presentations
to be made at another customs office designated in accordance with Article 12
(1).
Document
URL: http://sea.unep-wcmc.org/species/trade/eu/footer.html
Revision date: 07-08-2008
Current date: 21-11-2008