Ensuring trade in wild fauna and flora does not threaten their survival

SUMMARY OF:

Regulation (EC) No 338/97 — regulating trade so as to protect species of wild fauna and flora

WHAT IS THE AIM OF THE REGULATION?

In accordance with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), to which the European Union (EU) and its Member States have all subscribed, certain species of animals and plants must be protected against over-exploitation through international trade.
The convention has to be implemented uniformly in all Member States, in view of the EU’s single market and the absence of systematic border controls.
This is achieved through the EU wildlife trade regulations. In accordance with those regulations, Member States apply rules on the import and export of endangered species of animals and plants, and products derived from them.

KEY POINTS

Trade controls

The import of specimens of endangered species into the EU requires a permit issued by an authority of the Member State of destination or an import notification.
Export from the EU requires an export permit or a re-export certificate issued by an authority of the Member State in which the specimens are located.
Categories of species are outlined in Annexes A to D to the regulation, which provide different degrees of protection depending on how much the species are endangered.
Trade in species listed in Annex A, such as the cheetah or certain cactus species, is prohibited, while movement of live animals from this category within the EU requires prior authorisation.
Specimens of a species listed in Annexes B and C, such as the cobra or most species of orchids, can be traded if they have been legally obtained and the volume of trade does not harm the wild populations. Movement of live animals from these categories is subject to rules on certification and adequate housing and care.
Further restrictions may be imposed in specific circumstances, and Member States may have their own tougher rules.
Special rules apply to specimens born and bred in captivity or that are the result of artificial reproduction, part of personal affects or destined for scientific institutions.

Organisation and communication

Member States must:
- designate customs offices to carry out the checks;
- designate the management and scientific authorities responsible for implementation;
- monitor compliance and penalise infringements;
- draw up reports and exchange information on implementation and any permit rejections.

In February 2016, the European Commission adopted an action plan against wildlife trafficking, to complement and support the implementation of the wildlife trade regulations. The action plan is due to be revised in 2022.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 1 June 1997.

BACKGROUND

For more information, see:

The European Union and trade in wild fauna and flora (European Commission).

MAIN DOCUMENT

Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, 3.3.1997, pp. 1-69)

Successive amendments to Regulation (EC) No 338/97 have been incorporated into the basic text. This consolidated version is of documentary value only.