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Document 01997R0338-20220119

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

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?

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:

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.

RELATED DOCUMENTS

Commission Implementing Regulation (EU) 2019/1587 of 24 September 2019 prohibiting the introduction into the Union of specimens of certain species of wild fauna and flora in accordance with Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 248, 27.9.2019, pp. 5-21)

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — EU action plan against wildlife trafficking (COM(2016) 87 final, 26.2.2016)

Council Decision (EU) 2015/451 of 6 March 2015 concerning the accession of the European Union to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (OJ L 75, 19.3.2015, pp. 1-3)

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 trade therein and amending Commission Regulation (EC) No 865/2006 (OJ L 242, 7.9.2012, pp. 13-45)

See consolidated version.

Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 166, 19.6.2006, pp. 1-69)

See consolidated version.

last update 26.08.2021

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