The Differences between EU and CITES Provisions in a Nutshell
The provisions in the EU Wildlife Trade Regulations go beyond CITES in a number
of respects. The text below gives you an overview of where EU provisions differ
from CITES. For further details please refer to the Regulation texts, the Reference
Guide or contact us.
! Regulation (EC) No 338/97 has four Annexes (A-D) which contain non-CITES
species.
! A l CITES Appendix I species
! Some CITES Appendix II and III species, for which the EU has
adopted stricter domestic measures.
! Some non-CITES species
! A l other CITES Appendix II species
! Some CITES Appendix III species
! Some non-CITES species
! All other CITES Appendix III species
! Some CITES Appendix III species for which the EU holds a
reservation
! Some non-CITES species
For species in Annexes A and B import conditions are stricter than under CITES:
Commission has not established an import restriction 1 in accordance with Article 4.6 of
Regulation 338/97.
Management Authority is satisfied that the specimens are not to be used for primarily
commercial purposes i.e. will be used for purposes of which the non-commercial aspects
clearly predominate
Scientific Authority has advised the Management Authority of its finding (after considering
possible opinion Scientific Review Group) that:
import would not have a harmful effect on the conservation status of the species or decrease
the population concerned;
import is under exceptional circumstances required for the advancement of science or for
essential biomedical purposes; species is the only one suitable and there are no captive bred
animals;
specimens are intended for captive breeding (animals) or propagation (plants) from which
conservation benefits will accrue to the species concerned;
specimens are intended for research or education aimed at the preservation or conservation
* Does not apply to re-imports and specimens acquired before 1 June 1947 (Council Reg.
Article 4.5)
of the species (Regulation (EC) 338/97 Article 4.1.a.ii, first indent);
import is for other purposes that are not detrimental to the survival of the species
concerned.
Management Authority in consultation with the Scientific Authority are satisfied that there
are no other conservation factors against import.
Scientific Authority is satisfied that intended accommodation for live animals/plants at the
place of destination is adequately equipped to conserve and care for them properly
Applicant to provide documentary evidence that specimens were obtained in accordance
with legislation on the protection of the species: for CITES specimens an export permit or
re-export certificate, or copy thereof. Where a copy of an export permit or re-export
certificate was the basis for the issue of an import permit, the latter shall only be valid if at
the time of introduction it is accompanied by the valid original (re-) export document.
Regulation (EC) 338/97 provides the Commission with the possibility to
establish import restrictions with regard to certain species/countries.
The procedure is as follows:
A Scientific Authority advises its Management Authority not to issue
an import permit because it is of the opinion that one or more of
the above import conditions are not met ( or the Scientific Review
Group decides at one of its meetings that this is the case).
The authorities in the other Member States are immediately
informed of this advice and suspend the issue of import permits
until a restriction is established or not. Due to the absence of
internal border controls, it is essential that any import restrictions
are applied throughout the Community.
The opinion of other Scientific Authorities of EU Member States is
sought (if the case has not yet been discussed at the SRG
meeting). If a non-detriment finding is made, the Scientific Review
Group forms a Positive Opinion and imports can be resumed.
If the initial opinion is confirmed, the Scientific Review Group forms
a Negative Opinion . For as long as this opinion is in place Member
States will normally reject a l permit applications for the
species/countries in question.
On a regular basis, the Commission consults with affected range
States to ask them for any new biological and trade information on
the species subject to an import restriction.
If the range State provides this information, the Scientific Review
Group reconsiders its decision to suspend the import. If the
information leads to a non-detriment finding, the Negative Opinion
is transformed into a Positive Opinion.
If there is no new information provided by the range State or other
sources, or if this information is not sufficient for a non-detriment
finding, the Negative Opinion wi l be formalised through a
publication of the import suspension in the Official Journal of the
European Communities. It is important to note that the published
import suspensions are reversible at any moment if new
information is received.
IMPORT PERMITS / NOTIFICATIONS
! An import permit is required for Annex A and Annex B species, to be
applied for at the competent authorities in the Member State.
! An import notification is required for Annex C and D species. An import
notification is a declaration fi l ed in by the importer and to be submitted,
where appropriate together with CITES Appendix III documents from the
(re-)exporting country, to the customs office of introduction into the
Community. It is contained in Annex 2 to Commission Regulation (EC) 865/96
and is available from the competent authorities in each Member State.
One of the conditions for issuing a permit for import of specimens of Annex A and
Annex B species is that “the intended accommodation for a live specimen at the
place of destination is adequately equipped to conserve and care for it properly”.
Regulation 338/97 and Council Directive (EEC) No 95/29/EEC on the protection of
animals during transport make compliance wit the IATA Live Animals Regulations
for air transport and the CITES Guidelines for Transport lega l y binding.
The transport into, from or within the Community of specimens from Annexes A
to D should be undertaken in such a way as to minimize the risk of injury,
damage to health or cruel treatment and in conformity with Community
legislation on the protection of animals during transport.
The Commission can also restrict imports for specimens of Annex B species
subject to high transport mortality.
INTERNAL TRADE IN ANNEX A SPECIES
Regulation (EC) 338/97 contains special provisions for trade within the European
Community, i.e. within and between individual Member States.
The fo l owing commercial activities involving Annex A specimens are prohibited:
! purchase
! offer to purchase
! acquisition for commercial purposes
! display to the public for commercial purposes
! use for commercial gain
! sale
! keeping for sale
! offering for sale
! transport for sale
A Management Authority of a Member State can grant a specific exemption by
means of a certificate on a case-by-case basis and under certain conditions. By
way of example, an exemption can be granted if a specimen was acquired before
the relevant legislation became applicable.
The Commission has defined general exemptions. In these cases, the procedure
is easier or no certificate is needed at a l . Examples would be internal trade in
artificially propagated Annex A plants or trade between scientific institutions with
a non-commercial purpose, i.e. for research or education.
Annex D contains species listed in CITES Appendix III for which one or more EU
Member States have entered a reservation as well as species for which
Community imports warrant monitoring. The decision to include a species into
this Annex is taken by the Management Committee on the basis of a proposal by
the Commission and after consultation of the Scientific Review Group.
Data for import of Annex D species is compiled yearly by UNEP-WCMC and can be
consulted on this website. If the data gives rise to serious conservation concerns,
inclusion of a species into Annex B may be considered.