21.11.2017
1
Ilona Jančářová

Convention on the international trade in
endangered species of wild flora and fauna
Washington D.C. 1973
INTERNATIONAL
BACKGROUND

 CITES
 Seals
 Cetaceans
 Fury animals
EU LEGISLATION
21.11.2017
2
CITES:
Council Regulation (EC) No 338/97 on the
protection of species of wild fauna and flora by
regulating trade therein, as amended
 Commission Regulation (EC) No 865/2006 laying down
detailed rules concerning the implementation of
Reguletion 338/97
 Commission implementing Regulation (EU) 2017/1915
prohibiting the introduction into the Union of
specimens of certain species of wild fauna and flora
EU LEGISLATION

Seals:
Council Directive 83/129/EEC of 28 March
1983 concerning the importation into
Member States of skins of certain seal pups
and products derived therefrom (Am.89/370)
Regulation (EC) 1007/2009 of the European
Parliament and of the Council of 16
September 2009 on trade in seal products.
EU LEGISLATION

Cetaceans
Council Regulation (EEC) No 348/81 of 20
January 1981 on common rules for imports of
whales or other cetacean products
EU LEGISLATION
21.11.2017
3
Fury animals
 Council Regulation (EEC) No 3254/91 prohibiting
the use of leghold traps in the Community and the
introduction into the Community of pelts and
manufactured goods of certain wild animal species
originating in countries which catch them by means
of leghold traps or trapping methods which do not
meet international humane trapping standards
 Commission Regulation (EC) No 35/97 of 10
January 1997 laying down provisions on the
certification of pelts and goods covered by Council
Regulation (EEC) No 3254/91
EU LEGISLATION

4 different protection regimes:
 Annex A - corresponds to Appendix I of CITES
 Annex B - Appendix II of CITES
 Annex C - Appendix III of CITES
 Annex D - contains species which are not listed in
CITES Appendices
wider scope than CITES
Regulation (EC) No 338/97

 ‘Specimen’ shall mean any animal or plant, whether alive
or dead, of the species listed in Annexes A to D, any part or
derivative thereof, whether or not contained in other goods, as
well as any other goods which appear from an
accompanying document, the packaging or a mark or
label, or from any other circumstances, to be or to contain
parts or derivatives of animals or plants of those species,
unless such parts or derivatives are specifically exempted
from the provisions of this Regulation or from the
provisions relating to the Annex in which the species
concerned is listed by means of an indication to that effect
in the Annexes concerned.
Regulation (EC) No 338/97
21.11.2017
4

 ‘trade’ shall mean the introduction into the Community,
including introduction from the sea, and the export and
re-export therefrom, as well as the use, movement and
transfer of possession within the Community, including
within a Member State, of specimens subject to the
provisions of this Regulation;
 ‘transit’ shall mean the transport of specimens between
two points outside the Community through the territory
of the Community which are shipped to a named
consignee and during which any interruption in the
movement arises only from the arrangements necessitated
by this form of traffic;
Regulation (EC) No 338/97
Introduction into the EU of specimens of species listed in
Annex A
 Import permit:
 Export permit or re-export certificate
 Introduction would not have harmful effect on the
conservation status of species
 Accommodation for a live specimen is adequately
equipped
 The specimen is not used for primarily commercial
purposes
 The risk of injury, damage to health or cruel treatment
will be minimized
Regulation (EC) No 338/97
Introduction into the EU of specimens of species
listed in Annex B
 Import permit:
 Export permit or re-export certificate
 Introduction would not have harmful effect on the
conservation status of species
 Accommodation for a live specimen is adequately
equipped
 The risk of injury, damage to health or cruel
treatment will be minimized
 The specimen may be used for commercial purposes!
Regulation (EC) No 338/97
21.11.2017
5

Introduction into the EU of specimens of species
listed in Annex C
 Import notification
 Export permit / re-export certificate / certificate of
origin
Regulation (EC) No 338/97

Introduction into the EU of specimens of species
listed in Annex D
 import notification
Regulation (EC) No 338/97

Export or re-export from the EU
Export permit/re-export certificate
Conditions:
 No harmfull effect on the conservation status
 Specimens were legally obtained
 Risks of injury during the shipment are minimized
 Other requirements are met
Derogations from conditions (Art. 5(6))
Regulation (EC) No 338/97
21.11.2017
6

 Derogations (Art. 7)
1. Specimens born and bred in captivity or
artificially propagated
2. Transit
3. Personal and household effects
4. Scientific institutions
Regulation (EC) No 338/97
Other requirements:
 MS have a duty to prohibit the purchase, offer to
purchase, acquisition for commercial purposes,
display to the public for commercial purposes, use
for commercial gain and sale, keeping for sale,
offering for sale or transporting for sale of specimens
of the species listed in Annex A
 MS may prohibit the holding of specimens
 Derogation from the prohibition based on certificate
(Art. 8(3))
Regulation (EC) No 338/97
Other requirements
 Movement of live specimens within the EU based on
prior authorization
 Designation of custom offices
 Notification/reporting requirements (to the Commission)
 Duty to designate management authority with primary
responsibility for implementation of this Regulation and
for communication with the Commission
 Duty to designate one or more scientific authorities with
appropriate qualifications
Regulation (EC) No 338/97
21.11.2017
7
Enforcement
 duty to monitor and ensure compliance
 take appropriate measures to ensure the imposition
of sanctions for infringements of the Regulation
 seizure/confiscation of specimens
 refusal to accept the shipment and return of the
specimen to its place of departure
 fine
 illegal trade in endangered species is a crime!
Regulation (EC) No 338/97

 Council Directive 83/129/EEC concerning the
importation into Member States of skins of certain seal
pups and products derived therefrom
 Regulation (EC) No 1007/2009 of the European
Parliament and of the Council on trade in seal products.
 harmonize existing national rules regarding the placing
on the European Union (EU) market of seal products
 protection of certain seal species
 protection of seal pups against non-traditional hunting.
SEALS REGULATION

 Seal - specimens of all species of pinnipeds.
 Seal product - all products, either processed or
unprocessed, deriving or obtained from seals,
including meat, oil, blubber, organs, raw fur skins
and fur skins, tanned or dressed, including fur skins
assembled in plates, crosses and similar forms as
well as articles made from seal fur skins.
 Inuit - indigenous members of the Inuit homeland,
namely those arctic and subarctic areas where Inuit
have aboriginal rights and interests, recognised by
Inuit as being members of their people.
Regulation (EC) No 1007/2009
21.11.2017
8
Prohibition of the trade in seal products
The marketing of seal products is only allowed when
they:
 result from seal hunts traditionally conducted by
Inuit and other indigenous people
 result from by-products of hunting that is regulated
by national law, undertaken solely for the purpose of
the sustainable management of marine resources.
 the placing on the market is only allowed on a nonprofit
basis.
Regulation (EC) No 1007/2009

The import of seal products for non-commercial
reasons is allowed where:
 it is of an occasional nature and consists exclusively
of goods for the personal use of travelers or their
families.
Reporting requirements
Regulation (EC) No 1007/2009
Regulation (EEC) No 348/81 on common rules for imports
of whales or other cetacean products
Conservation of cetacean species
 restrictions on international trade
 licences for products listed in the Annex
 products to be used only for non commercial purposes
WHALES REGULATION
21.11.2017
9

 Regulation 3254/91
 to abolish the use of legholds traps to catch and kill
certain species of animals
 Annex I - list of species (beaver, otter, wolf and others)
 prohibition of introduction into the EU of the pelts of
the animal species listed in Annex I
LEGHOLD TRAP REGULATION