1. 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

2. 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

3. 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)

4. 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.

5. 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

6. 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)

7. 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

8. 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 animal species and over plant species of Annex B, imports can be suspended for conservation reasons.
Housing conditions are specified for live Annex A and B specimens (animals)

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

10. 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)

11. 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.

12. 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

13. 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)

14. 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

15. 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

16. 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

17. 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

18. 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.

19. 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

20. 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

21. 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

22. More information? Marco.VALENTINI@ec.europa.eu