Introduction
Please click here to return to the Home Page

UK CITES Introduction - Legislative Framework

Background | Legislative Framework | CITES Species

European Wildlife Trade Regulations

In most states that are party to CITES, the provisions of the Convention are given the force of law by national legislation. Since 1 January 1984, CITES has been implemented throughout the European Union by EC Regulations. These impose stricter controls for many species than would be required by CITES itself.

The current regulations are listed below:

  • Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (came into effect on 1st June 1997).
  • Commission Regulation (EC) No 865/2006 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 (came into effect on 9 July 2006). This replaced Commission Regulation (EC) No. 1808/2001.

These Regulations strengthen and extend previous import and export controls. The Regulation categorises species in four Annexes, A-D. Annexes A to C are roughly equivalent to CITES Appendices I to III. 

A principle requirement of the Regulation is the undertaking of checks on imports at the first point of entry into the EU, irrespective of the final destination. There are a number of areas where these Regulations are stricter than CITES, including:

  • the inclusion of some non-CITES listed species,
  • stricter import conditions apply for species in Annexes A and B,
  • import permits are required for all Annex B species and import notifications for Annex C and D species,
  • housing conditions are specified for live Annex A and B specimens (animals),
    · transport conditions apply to all live specimens (animals),
  • more comprehensive restrictions are applicable for internal trade in, or commercial use of, Annex A specimens,
  • imports can be suspended of species that are considered to be an ecological threat in the European Community or of animals which have a high mortality rate during shipment or which survive poorly in captivity.

A detailed Guide to the EC Regulations has been produced for the European Commission by TRAFFIC. 

The Commission have also produced a compilation report summarising points of interpretation and clarification in respect of the EU Regulations.

Since the adoption of the main Council Regulation 338/97 and the implementing Commission Regulation 939/97, a number of amending regulations have been adopted. The regulations currently in force are listed below:-

Council Regulation 338/97 (Main Wildlife Trade Regulation)
amended by 1497/2003, 834/2004 and 1332/2005 (amends all the Annexes)

Commission Regulation 605/2006 (Import suspensions)
suspending the introduction into the Community of specimens of certain species of wild fauna and flora. Came into force 19 April 2006

Commission Regulation 865/2006 (Implementing Regulation) came into force 9 July 2006. This regulation implements the resolutions and decisions agreed at the 12th Conference of CITES parties held in 2002. It introduces some major changes, including new forms to aid the cross-border movement of travelling exhibitions and pets. The Regulations also bring in new registration schemes for traders in biological samples, dead specimens, travelling exhibitions and pets. In addition, all tins of caviar imported, exported or marketed in the EU will have to bear a label certifying that the caviar is legally-sourced and all caviar re-packaging plants must be licensed.

A list of the Scientific Review Group current negative opinions can be found on the UNEP-WCMC website.

A general Index to EC Legislation can be found on the web site of the European Commission which provides a search facility.

More detailed information about the European Wildlife Trade Regulations can be found at www.eu-wildlifetrade.org. This website, prepared by TRAFFIC Europe for the European Commission, offers advice to traders, travellers and others on complying with the EU Regulations on wildlife trade.

UK Legislation

Under the EC Regulations there is an obligation on Member States to introduce comprehensive national legislation to enforce the Regulation's requirements. In the UK, the Customs and Excise Management Act 1979 provides all the necessary powers to enforce import and export controls. Further powers to enforce controls are contained in The Control of Trade in Endangered Species (Enforcement) Regulations 1997 (COTES). Among other things, this gives police with enforcement powers over internal sales and movement offences, certain powers of entry, and the power to obtain samples for DNA analysis.

Return to top of page

Introduction | Enforcement | News | Licensing | Information for travellers | Contacts

wpe1.jpg (4309 bytes)
Logo animalhealth_colour_162.jpg (3796 bytes) Royal Botanic Gardens Kew
www.jncc.gov.uk
Joint Nature Conservation Committee,
Monkstone House, City Road
Peterborough, PE1 1JY
United Kingdom.

www.defra.gov.uk/animalhealth/

Wildlife Licensing and Registration Service
Defra, 1/17 Temple Quay House,
2 The Square,Temple Quay,
Bristol BS1 6EB
United Kingdom.
www.rbgkew.org.uk
Conventions and Policy Section,
Herbarium, Royal Botanic Gardens, Kew
Richmond, Surrey, TW9 3AE
United Kingdom.