Basic information
Outline of the system
This section provides a description on the EU legislation regulating the imports of certain endangered species of animals and plants (or parts or derivatives made thereof). Documents are required for the import and export of endangered species listed in Appendices I, II and III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), whether alive, dead, parts or derivatives, as well as a number of non-CITES species covered by the EU legislation.
Product coverage
TThe EU Wildlife Trade Regulations are based on the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and comprise a double-checking system involving export and import controls both at the country of origin and at EU level.
The EU Wildlife Trade Regulations and CITES cover trade in, by default, all specimens, whether alive or dead, including parts and derivatives, from animal and plant species listed in the Annexes (EU Regulation)/Appendices (CITES). The term "trade" (in CITES "trade" refers to all cross-border movements of CITES specimens) encompasses not only trade in a commercial sense but also, for example, imports and (re‐)exports for personal use. The species covered by Council Regulation (EC) No 338/97 – the "Basic Regulation" which together with several Implementing Regulations constitute the "Wildlife Trade Regulations" - are listed in four Annexes (A to D).
The EU Regulation lays down different requirements and procedures for each of the groupings of species listed in its Annexes A, B, C and D.
Species listed in Annex A: Any transaction with commercial purposes involving specimens of the species listed in this Annex is prohibited. Exemption from this prohibition can be granted on a case-by-case basis, by issuance of a special certificate by the management authority of the Member State in which the specimens are located, provided the specimens:
a. are captive-born and bred (animals), or artificially propagated (plants); or
b. are required, under exceptional circumstances, for the advancement of science or biomedical purposes; or
c. are intended for breeding or propagation purposes; or
d. are intended for research or education aimed at the preservation of the species.
Species listed in Annex B, i.e. most species concerned by the EU Wildlife Trade Regulations: transaction with commercial purposes involving specimens of these species listed in this Annex are possible under a number of strict conditions. Exemptions from this permit requirement can be granted on a case-by-case basis.
Species listed in Annexes C and D need also to meet a number of documentary requirements.
The EU may determine to prohibit the importation of certain specimens or species, either globally or originating from specific third countries. These suspensions are published periodically and affect imports into all EU member States. The latest list of restrictions is laid down in Commission Implementing Regulation (EU) No. 2019/1587 of 24 September 2019 prohibiting the introduction into the Union of specimens of certain species of wild fauna and flora.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The licensing is not intended to restrict the quantity or value of imports. The approval system aims at protecting endangered species from over-exploitation through trade in accordance with CITES. Management authorities of the EU Member States verify the following conditions for all imports of the covered species:
A. For all species:
a. whether or not the trade will be harmful to the survival of the species in the wild,
b. whether or not the specimen was legally acquired.
B. Additional requirements, for live specimens:
c. whether or not the specimen is properly prepared for transportation,
d. whether or not the importer has the suitable facilities to house and care for live specimens.
C. Besides, the authority must verify that specimens of species listed in Annex A to Council Regulation (EC) No 338/97 are not imported to be used for primarily commercial purposes.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The import licensing requirement applies to traders as well as individuals importing these items from all countries and territories outside the EU.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The EU implements CITES through a set of Regulations collectively known as the "EU Wildlife Trade Regulations".
Currently, these are:
- Council Regulation (EC) No. 338/97 of 9 December 1997 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, 03.03.1997, p.1) and its subsequent amendments. A consolidated version of the Regulation can be consulted at the following address: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01997R0338-202....
- Commission Regulation (EC) No. 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Regulation (EC) No. 338/97 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 166, 19.06.2006, p.1) and its subsequent amendments. A consolidated version of the Regulation can be consulted at the following address: https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1566906766279&uri=CE....
- 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, 07.09.2012, p.13) and its subsequent amendments. A consolidated version of the Regulation can be consulted at the following address: https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:02012R0792-202....
- 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 (248, 27.9.2019, p.5): https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32019R1587
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The legislation does not leave designation of products to be subjected to licensing to administrative discretion
Is it possible for the government to abolish the system without legislative approval?
It is not possible for the government (or the executive branch) to abolish the system without legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
Any person can lodge an application
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
The standard model forms that must be used for permits, certificates, notifications and applications for these documents, as well as labels for scientific specimens, are contained in Implementing Regulation (EU) No 792/2012 as regards the 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 in Commission Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97.
What documents is the importer required to supply with the application?
The standard model forms that must be used for permits, certificates, notifications and applications for these documents, as well as labels for scientific specimens, are contained in Implementing Regulation (EU) No 792/2012 as regards the 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 in Commission Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Import permits shall be applied for in good time to allow for their issue prior to the introduction of specimens into the EU. EU Member States Management authorities shall decide on the issue of permits and certificates within one month of the date of submission of a complete application.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
Issuing the license
Can a licence be granted immediately on request?
No. The issue of a licence is not automatic and shipments should not be effected unless and until the licence has been issued.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The issue of a licence is not automatic and shipments should not be effected unless and until the licence has been issued. EU Member States Management authorities shall decide on the issue of permits and certificates within one month of the date of submission of a complete application.
Which administrative body is responsible for approving application of licences?
Permits and certificates are issued exclusively by Member States Management Authorities, upon advice of their national Scientific Authority and taking into account the opinion of Scientific Review Group (SRG), when such an opinion has been issued.
Must the applications be passed on to other organs for visa, note or approval?
CITES authorities of exporting countries or of other importing Member States may need to be consulted in some cases. In a very limited number of cases the CITES Secretariat should be consulted.
Are there any other conditions attached to the issue of a licence?
Not applicable.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Certain EU Member States apply licensing fees.
What is the amount of the fee or charge?
The amount depends on each Member State.
Is there any deposit or advance payment required associated with the issue of licences?
Neither a deposit nor an advance payment is required.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Licensing policy follows closely the provisions and spirit of CITES, and an application for a licence can only be refused in case of failure to meet the conditions posed by the EU Wildlife Trade Regulations.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
Importation
Are there any limitations as to the period of year during which importation may be made?
No.
What documents are required upon actual importation?
Under the scheme, different types of documents are required for trade into (and from) the EU:
• an import permit for the import of specimens of Annex A‐ or B‐listed species;
• an import notification for the import of Annex C‐ or D‐listed species, which is to be completed by the importer.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No other administrative/procedural requirements prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The maximum validity of an import permit is six or 12 months. However, in the case of caviar of sturgeon and paddlefish species (Acipenseriformes) that originated from shared stocks that are subject to export quotas, the permit ceases to be valid at the latest on the last day of the year to which the quota applies (i.e. the quota year in which the caviar was harvested and processed). An import permit shall, however, not be valid in the absence of a valid corresponding document from the country of export or re-export (the maximum validity of these documents is six months).
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No penalty for non-utilization.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Not transferable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
No foreign exchange control.