CITES and IAS Possible synergies in the European Union Stakeholder meeting on Invasive Alien Species 3 September 2010 Marco Valentini E. C. DG ENV – E2

CITES implementation and the role of science in the European Union The EU and CITES Legislation transposing CITES in the EU Implementation, Scientific aspects and EU coordination Enforcement

1. The EU and CITES The European Union and its competencies for CITES 27 Member States – 490 million people Internal market & no internal borders Common external trade rules & customs union EU Environment policy Give overview of: How the EU functions Its competencies for CITES The EU market for CITES species The EU legislation in place, including annexes and stricter measures What is the EU? Most recent Member States Bulgaria and Romania This year, 50th anniversary of the EU EU functions through a set of supranational institutions (based in Brussels) including the Commission (executive arm), the European Parliament (directly elected) and the Council of Ministers (representing the MS) (together the legislative arm)

1. The EU and CITES (cont.) The European Union and its competencies for CITES Wildlife trade is « shared » competence All Member States are party to CITES The EU implements CITES since 1984 Because of the EU set up, all MS must implement CITES in the same way (e.g. import conditions must be the same for all Member States). Therefore the EU provides the framework legislation for the implementation of CITES.

CITES implementation and the role of science in the European Union The EU and CITES Legislation transposing CITES in the EU Implementation, Scientific aspects and EU coordination Enforcement Questions - discussion

Legislation transposing CITES in the EU The EU Wildlife trade legislation Council Regulation (EC) No. 338/97 Provides the framework for implementing the Convention - Includes Annexes Sets out stricter measures: Stricter import conditions/suspensions; import permits for Annex B Commission Regulation (EC) No. 865/2006 Sets out the detailed rules and practical aspects for implementing the Council Regulation and specifies the exemptions and derogations (amended with Reg. 100/ 2008) Implements relevant CITES CoP Resolutions Suspension Regulations Basic Regulation defines the scope of the measures and lays down the basics for their implementation and enforcement. It broadly transposes the provisions of the CITES Convention. Annexes can be easily updates after each CoP. Implementing Regulations fill in the administrative and practical details and specifies the exemptions and derogations. Suspension Regulation sets out the species and third countries from which imports are suspended temporarily. Revised on a regular basis. WILL COME BACK ON THIS The Legislation does not need to be transposed into the national law of the member States although some provisions require the adoption of measures at national level (in particular as regards Enforcement)

2. Legislation transposing CITES in the EU (cont 2. Legislation transposing CITES in the EU (cont.) The EU Wildlife trade legislation What do the Regulations do? They regulate trade with the Community of species threatened with extinction or at risk (listed in Annexes) They establish a permitting system to ensure trade only takes place if sustainable They establish a system to control intra-Community trade and movement

2. Legislation transposing CITES in the EU (cont.) More than CITES Annexes to Regulation can contain non-CITES species Stricter import conditions for CITES Appendix I and II species Import permits for CITES Appendix II species Housing conditions for live specimens of species in CITES Appendices I and II Strict controls on internal trade in Appendix I species An extra Annex for species whose import levels are to be simply monitored More than CITES: Annexes include some non-CITES listed species Stricter import conditions for CITES Annex A and B (import permits needed for Annex B!) Additional: Annex D for species to simply monitor trade Imports can be suspended for species from particular countries. This implies that for 4.000 animal species and over 26.000 plant species of Annex B, imports can be suspended for conservation reasons. Housing conditions are specified for live Annex A and B specimens (animals)

Annex A (≈ appendix I) Annex A: hightest protection, like appendix I Commercial trade of wild-taken specimens of Annex A species is forbidden.

Annex A (≈ appendix I) Appendix I species, except where Member States have entered reservation Additional species to protect Appendix I species (e.g. strengthen CITES “lookalike” provision) Other species where trade levels warrant equivalent levels of protection (also European species protected under Community law where trade is considered a threat)

Annex B (≈ Appendix II) Annex B: regulation of trade; like appendix II; require export permits of exporting country EU stricter measures require also import permits for Annex B species. Of these, most are included because they are at some risk from international trade.

Annex B (≈ Appendix II) Scientific Authorities from the Member States must advise that trade is not detrimental. Basis for consultation with exporting country towards sustainable management Mention that 3rd ctries don’t like this

Annex B (≈ Appendix II) Appendix I species for which reservation has been entered Appendix II species, except where Member States have entered reservation Additional species for “lookalike” of Annex A or Annex B species Other species where trade levels may be incompatible with survival of the species or populations thereof Species that pose ecological threat to indigenous flora and fauna (invasive alien species)

Annex C (≈ Appendix III) species for which individual Parties have sought assistance of CITES in regulating exports. The Party concerned issues export permits. Other exporting Parties issue certificates of origin. Meconopsis

Annex C (≈ Appendix III) Appendix III species (other than those listed in Annex A or B), except where Member States have entered reservation Appendix II species for which reservation has been entered

Annex D This list has no CITES equivalent. It is intended to monitor trade in non-CITES species that might be sensitive. Includes also species in Appendix III for which reservation has been entered Importers in EU must present import notifications Skink

CITES implementation and the role of science in the European Union The EU and CITES Legislation transposing CITES in the EU Implementation, Scientific aspects and EU coordination Enforcement Questions - discussion

3. Implementation, Scientific aspects and EU coordination (cont.) Scientific coordination Scientific Authority to be appropriately qualified and separate from the Management Authority Clearly described tasks and responsibilities for Scientific Authorities Scientific Review Group (with SA’s of all Member States; chair EC; 4 times/yr) The Scientific Review Group brings together the Scientific Authorities (SAs) of all EU Member States. Its role is to consider applications for imports into the Community of CITES listed species where there is a concern as to the sustainability of the trade.

3. Implementation, Scientific aspects and EU coordination (cont.) Committees Management Committee EU MAs Focus on implementation, amendments regulation 4 / yr Scientific Review Group EU SAs Expert Committee of scientists from MS that gives opinion on conservation impacts of trade Enforcement Group EU Customs/Police Co-ordinates enforcement in Member States; exchanges of views 2 / yr In order to ensure smooth coordiantion and common implementation and enforcement, the EU has three Committees bringing together the relevant CITES authorities in the Member States

3. Implementation, Scientific aspects and EU coordination (cont.) Summary Scientific aspects and duties Scientific Authorities in EU regulation SA with appropriate qualifications and separate from MA Inclusion of species in the Annexes Annex A imports and internal trade : no harmful effect and purpose (science, breeding, research, other) Annex B imports: non detriment finding Annex A, B,C exports: no harmful effect on conservation status Restrictions on imports (conservation detriment, mortality in transport/captivity, ecological threat) Intended accommodation live specimens adequate Placement of confiscated animals Confirmation captive breeding /artificially propogated claims Advice scientific institutions

Suspension Regulation A species listed in the Annexes can be suspended from trade for various reason: Threat to the long term survival of the population of that species Reg. 338/97 art.4.6 d)…of live specimens of species for which has been established that thei introduction in the natural environment of the Community presents an ecologic threat to wild species of fauna and flora indigineous to the Community

More information? Marco.VALENTINI@ec.europa.eu http://ec.europa.eu/environment/cites/home_en.htm