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EU Wildlife Protection Legal Instruments (Mapping the EU Legislation)
Wildlife Trade Regulations: EU Law

EU Law

Wildlife trade from, into and within the EU is regulated through a set of Wildlife Trade Regulations that implement the provisions of the CITES Convention. Most important is Regulation (EC) No 338/97. 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.

The provisions in the EU Wildlife Trade Regulations go beyond CITES in a number of respects.

Regulation (EC) No 338/97 has four Annexes (A-D) which contain non-CITES species.

Annex	Includes
Annex A	All CITES Appendix I species Some CITES Appendix II and III species, for which the EU has adopted stricter domestic measures. Some non-CITES species
Annex B	All other CITES Appendix II species Some CITES Appendix III species Some non-CITES species
Annex C	All other CITES Appendix III species
Annex D	Some CITES Appendix III species for which the EU holds a reservation Some non-CITES species

For species in Annexes A and B, import conditions are stricter than under CITES:

Annex	Conditions
A, B	Commission has not established an import restriction in accordance with Article 4.6 of Regulation 338/97
A	Management Authority is satisfied that the specimens are not to be used for primarily commercial purposes i.e. will be used for purposes of which the non-commercial aspects clearly predominate
A, B (not re-imports and specimens acquired before 1 June 1947)	Scientific Authority has advised the Management Authority of its finding (after considering possible opinion Scientific Review Group) that: import would not have a harmful effect on the conservation status of the species or decrease the population concerned (A, B); import is under exceptional circumstances required for the advancement of science or for essential biomedical purposes; species is the only one suitable and there are no captive bred animals (A); specimens are intended for captive breeding (animals) or propagation (plants) from which conservation benefits will accrue to the species concerned (A); specimens are intended for research or education aimed at the preservation or conservation of the species (Regulation (EC) 338/97 Article 4.1.a.ii, first indent) (A); import is for other purposes that are not detrimental to the survival of the species concerned (A).
A, B (not re-imports and specimens acquired before 1 June 1947)	Management Authority in consultation with the Scientific Authority are satisfied that there are no other conservation factors against import.
A, B (not re-imports and specimens acquired before 1 June 1947)	Scientific Authority is satisfied that intended accommodation for live animals/plants at the place of destination is adequately equipped to conserve and care for them properly
A, B	Applicant to provide documentary evidence that specimens were obtained in accordance with legislation on the protection of the species: for CITES specimens an export permit or re-export certificate, or copy thereof. Where a copy of an export permit or re-export certificate was the basis for the issue of an import permit, the latter shall only be valid if at the time of introduction it is accompanied by the valid original (re-) export document.

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EU Wildlife Protection Legal Instruments (Mapping the EU Legislation)Wildlife Trade Regulations: EU Law

EU Wildlife Protection Legal Instruments (Mapping the EU Legislation)
Wildlife Trade Regulations: EU Law