Draft proposal to amend Commission Regulation 856/2006
Non-Paper by DG ENV Unit E2
The present non-paper results from the review of the EU regulatory framework on wildlife trade that has been carried out in the last months by the Commission, in consultation with Member States and stakeholders. It also builds upon a study on the effectiveness on the Wildlife Trade Regulations1.
This review has the following objectives:
- contribute to ensure that EU rules effectively deliver what they seek to achieve, i.e. that trade into and within the EU is not detrimental to the conservation of wildlife fauna and flora, and
- make sure that EU rules are not overly complex and their implementation too resource-intensive in relation to their substantive goals.
In addition, some provisions of the EU regulatory framework need to be updated to reflect the decisions adopted at the latest Conference of the Parties to the CITES Convention, which took place in March 2010.
DG ENV services propose that an adaptation of the wildlife trade regulatory framework is done partly through a revision of a number of provisions of Commission (EC) Regulation 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 (the so-called Implementing Regulation, or "IR"), and partly through the creation of clear and transparent interpretative guidance.
This non-paper presents the changes that DG ENV proposes to introduce in the Implementing Regulation. In the document accompanying this non-paper, DG ENV services have introduced such changes in the consolidated text of the current Implementing Regulation (this was done in order to present changes in an easily readable manner but they would be introduced in fine via an independent amending Regulation).
Those two documents are draft papers with no formal status. They are tabled for informal discussion with Member States at the 54th Meeting on Trade in Wild Fauna and Flora which will take place on 22 March 2011.
The formal procedure for adoption of the amendments will be launched at a later stage in the course of 2011.
A number of issues raised during the consultation process with stakeholders and Member States will be addressed through guidance which will be developed in the coming months.
Internal trade certificates for Annex A species – new exemptions (Articles 8(3) and 8(4) of EC Regulation 338/97, Article 62, 64, 66 and Annex X of IR)
Introduction in Article 62 IR of exemptions from the certificate requirement under Article 8(3) of EC Regulation 338/97 for the species Acipenser brevirostrum (shortnose sturgeon) and for Annex A crocodilian species, under the following conditions:
the Scientific Review Group and the wildlife trade Enforcement Group (EG) should evaluate those requests, on the basis of the criteria identified in previous COM and SRG discussions for including species into Annex X of the Implementing Regulation. The EG should especially check if the marking requirements under Article 66 IR are sufficient to prevent fraudulent use. It is also useful to get a better knowledge of existing and anticipated trade in Acipenser brevirostrum, as it does seem that trade has started yet;
the exemption should encompass dead specimens and parts and derivatives only (thereby excluding live specimens);
the specimens should originate from breeding facilities approved by the CoP and registered on the CITES website;
the specimens should be marked, or identified via other means, in accordance with the relevant provisions of the IR
Re-sale of personal and household effects (Articles 2(j) and 7(3) of the Basic Regulation, Articles 57 and 58 of Regulation 865/2006)
Introduction of new provisions in a new Article 58a in order to allow commercial transactions for personal and household effects of Annex B specimens under the following conditions:
the applicant should be able to demonstrate that the specimen has been introduced in the EU at least two years before it can be used for commercial purpose, and
the Management Authority of the Member State concerned has verified that the specimen in question could have been imported for commercial purposes at the time when it was introduced into the EU.
Once those conditions are fulfilled, the Management authority would deliver a written statement that the specimen can be used for commercial purpose.
The provisions on personal and household effects in Article 15(3a) are deleted to take account of these new provisions.
No change in relation to the prohibition of commercial use of Annex A personal and household specimens.
Proof of origin of founder stock (Article 56 IR)
Introduction of CITES Conf. Resolution 11.11 definition of "cultivated parental stock" into Article 56 of the IR.
Marking requirements: scope and marking techniques (Article 11(3) and Chapter XVI IR)
Amendment of Art.11(3) IR to make it clear that marking only applies to LIVE specimens when specimen-specific certificates are issued on the basis of Article 48. For dead specimens, other identification techniques are to be used.
Sources and Purpose codes (Article 5 and Annexes I, III, V and IX of IR)
Introduction in Annexes I, III, V and IX IR of new definitions of codes D and R as contained in CITES Conf. Resolution 12.3 revised at CoP15
Electronic permitting (Article 8 IR)
Introduction of appropriate changes in the IR to implement Resolution Conf. 12.3 as revised at CoP 15 in order to allow that certificates and permits be issued electronically.
Content and design of EU certificates (Article 2(5) and Annex V of the IR)
Introduction of changes in Annex V IR in order to render EU certificates easier to understand and fill in (indication of purpose of the certificate, use of bold headings, additional subboxes in box 19).
Clarify conditions for validity of pre-issued certificates (Article 63 of IR)
Introduction of changes in Article 63 IR to address the problem of fraudulent use of pre-issued certificates.
Agarwood from specimens of Gyrinops spp. and Aquilaria spp.
Amendment of Article 56.2 IR on agarwood from specimens of Gyrinops spp. and Aquilaria spp., in order to align it with Res. Conf. 10.13 (rev. CoP15)
Definition of "hunting trophy"
Introduction of a definition of hunting trophy in article 1 IR in line with the definition in Res. Conf. 12.3 as revised at CoP15.
Endorsement of export permits and contact between importing and exporting countries
Addition of a paragraph 5 in Article 7 IR on permits and certificates issued by third countries in line with the new paragraph (f) of section 14 in Res. Conf. 12.3 as revised at CoP15.
Nomenclature (Annex VIII of IR)
Amendment of nomenclature contained in Annex VIII IR to keep it in line with Res. Conf. 12.11 (rev. Cop 15).
Introduction of a requirement for legal acquisition/origin as a condition for delivering certain certificates under Article 8 of Council Regulation (Article 59 IR)
Introduction in Article 59 IR of a requirement that certificates foreseen to allow commercial activities in the cases of exemptions foreseen in Article 8(3) )(c), (d), (e), (f) and (g) of the Council Regulation can only be delivered when the management authority has the assurance that the specimens have been legally acquired by the applicant.
Transmission of import notifications to the relevant management authorities (Article 25 and 45 IR)
Introduction of a duty for the management authority receiving the import notification from its customs office to transmit the import notifications to other relevant management authorities of EU Member States (country of final destination).
Personal ownership certificates (Chapters VII of IR)
Introduction of changes in Article 37 IR in order to align it with Resolution Conf. 10.20 and increase the types of specimens which can be covered by travelling exhibition certificates.