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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?
- Regulation (EC) No 338/97 implements the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), to which the European Union (EU) and EU Member States are all parties, by protecting certain species of animals and plants 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 effects 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. In November 2022, it adopted a revised action plan against wildlife trafficking for the period until 2027, focusing on prevention, stronger legal and policy frameworks, more effective enforcement and stronger global cooperation.
FROM WHEN DOES THE REGULATION APPLY?
It has applied since .
BACKGROUND
For more information, see:
- Wildlife trade (European Commission).
MAIN DOCUMENT
Council Regulation (EC) No 338/97 of on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, , pp. 1–69).
Successive amendments to Regulation (EC) No 338/97 have been incorporated into the original text. This consolidated version is of documentary value only.
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