Description
Due to the European Single Market and the absence of systematic border controls within the EU, the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) have to be implemented uniformly in all EU Member States.
CITES is implemented in the EU through a set of Regulations known as the EU Wildlife Trade Regulations. Currently these are Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (the Basic Regulation), Commission Regulation (EC) No 865/2006 (as amended by Commission Regulation (EC) No 100/2008, Commission Regulation (EU) No 791/2012 and Commission Implementing Regulation (EU) No 792/2012) laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 (the Implementing Regulation), and Commission Implementing Regulation (EU) No 792/2012 of 23 August 2012 laying down rules for the design of permits, certificates and other documents provided for in Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating the trade therein and amending Regulation (EC) No 865/2006 (the Permit Regulation). In addition, a Suspensions Regulation is in place to suspend the introduction into the EU of particular species from certain countries.
In addition to this core legislation, a Commission Recommendation to Member States (Commission Recommendation No 2007/425/EC identifying a set of actions for the enforcement of Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, commonly referred to as the ‘EU Enforcement Action Plan’) specifies further the measures that should be taken for enforcement of the EU Wildlife Trade Regulations.
Although the EU Wildlife Trade Regulations are directly applicable in all EU Member States, the necessary enforcement provisions must be transferred into national legislation (pdf 334KB) and supplemented with national laws, as these are matters that remain under the sovereignty of each Member State. Member States must ensure that infractions are punished in an appropriate manner.
Source:
References
- EU Wildlife Trade Legislation
- EU Wildlife Trade Regulations – Basic Regulation
- EU Wildlife Trade Regulations – Suspensions Regulation
- EU Wildlife Trade Regulations – Permits Regulation
- EU Wildlife Trade Regulations – Implementing Regulation
- EU Recommendation 2007/425/EC
- EU Habitats Directive
- EU Birds Directive