Basics of EU Environmental Law logo F:\vojtech\Pictures\Obrázky\logo katedry\logoENG.gif 29 November 2023 JUDr. Vojtěch Vomáčka, Ph.D., LL.M. BIODIVERSITY/CITES TRADE IN ENDANGERED SPECIES • • International Law: Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES - 1975) •Difficult nature - binding international convention, but instruments contained therein are not binding until they become part of national law •Large number of Parties lack regulations prohibiting illegal trade or imposing sanctions or allowing seizure of specimens or defining professional conservation authorities •Possibility of bilateral "sanctions" (e.g. certification) •Does not protect habitats, does not address causes of illegal trade •Within biodiversity conservation, the focus of CITES is paradoxically narrow • EU Law: •Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein + amendments and implementing regulations •Regulation (EC) No 1007/2009 of the European Parliament and of the Council on trade in seal products logo CITES TRADE IN ENDANGERED SPECIES • • logo CITES TRADE IN ENDANGERED SPECIES • • logo CITES TRADE IN ENDANGERED SPECIES • • ART. 8 OF REGULATION 338/97 (1) 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 shall be prohibited. (2) This prohibition shall also apply to specimens of species listed in Annex B except where it can be proved that such specimens were acquired in accordance with the legislation in force. logo CITES TRADE IN ENDANGERED SPECIES • • ART. 8 OF REGULATION 338/97 (3) Exemption from the prohibitions referred to in paragraph 1 may be granted by issuance of a certificate to that effect by a management authority of the Member State in which the specimens are located, on a case-by-case basis where the specimens: (a) were acquired in, or were introduced into, the Community before the provisions relating to species listed in Appendix I to the Convention or in Annex C1 to Regulation (EEC) No 3626/82 or in Annex A became applicable to the specimens; or (b) are worked specimens that were acquired more than 50 years previously; or (c) were introduced into the Community in compliance with the provisions of this Regulation and are to be used for purposes which are not detrimental to the survival of the species concerned; or (d) are captive-born and bred specimens of an animal species or artificially propagated specimens of a plant species or are parts or derivatives of such specimens; or logo CITES TRADE IN ENDANGERED SPECIES • • logo CITES TRADE IN ENDANGERED SPECIES • • A bred in captivity = B Introduction into the EU of specimens of species listed in Annex C: At the border customs office at the point of introduction the importer must present ¢ Import notification ¢ Export permit / re-export certificate / certificate of Origin species listed in Annex C: notification TRADE IN ENDANGERED SPECIES • • Intra EU trade: notifications, documents… 11 Illegal wildlife trade growing on the dark web - News Centre - University of Kent 12 F:\DATA\grafika\pruh 5.gif F:\DATA\grafika\spodek.gif ??? ▪ http://opilcovorano.cz/wp-content/uploads/2013/10/5953522-andrej-babis-s-tigrem.jpg http://oidnes.cz/05/093/maxi/PATddc52_zralok3.JPG http://img.mf.cz/176/317/3-P201308290485501.jpg F:\DATA\grafika\pruh 5.gif F:\DATA\grafika\spodek.gif ??? Výsledek obrázku pro chová pumu Výsledek obrázku pro chová pumu Výsledek obrázku pro chová pumu F:\DATA\grafika\spodek.gif F:\DATA\grafika\spodek.gif 17 F:\DATA\grafika\spodek.gif F:\DATA\grafika\spodek.gif https://tradeview.cites.org/ Practical task 1.Which species are most frequently imported to your country? 2.Which species are most frequently exported from your country? 3.In which quantity)condition are these species transported? 4. 4. 4. Thank you for your attention!