CITES or the Washington Convention on International Trade in Endangered Species of Wild Fauna and Flora aims to protect species of wild flora and fauna destined for international trade. The European Union has translated this convention into specific regulation. Trade in aquatics depends on this regulation and it must be understood and completely respected.
• What is CITES?
• Which species destined for the aquatics market are regulated by CITES?
• Which species destined for the aquatics market are banned from import into the European Union?
• Commercial activity of the AMBLARD company and CITES
• The sale of CITES species
• Illegal sale and animal trafficking: the risks incurred
• To know more
What is CITES?
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) came into effect in 1975. It is one of the most important agreements today for the conservation of species in the natural environment. Today, more than 160 nations have signed up to the Convention, notably the 27 member states of the European Union as well as the candidate countries.
The objective of CITES is to ensure that international trade of animals and plants and flora and fauna does not threaten wild populations. This convention actually regulates the sale of about
30 000 species of animals and plants. It also limits the acquisition of threatened species by delivering on a case by case basis the permits and certificates necessary for their expedition. Three additional appendixes define the status of conservation for each species as well as the conditions of acquisition for each one.
Application of CITES regulation in Europe is governed by community ruling n° 338/97 of the Council.
Which species destined for the aquatics market are regulated by CITES?
The main species of fish and invertebrates destined for the aquatics market which are registered to CITES make up appendix II/B. This appendix groups all species that are not threatened by extinction but that could become so if trade in them is not regulated.
Which species destined for the aquatics market are banned from import into the European Union?
The scientific examination group (GES) of the European Commission and the French Scientific Authority (National Natural History Museum– Paris) can impose restrictions on the introduction of certain species in the European Community.
The list of banned species, regularly updated, can be downloaded by clicking on this link.
Commercial activity of the AMBLARD company and CITES
The sale of CITES species registered in appendix A (captive bred only) and B of the community regulation is possible under certain conditions.
All of the administrative formalities necessary for the import of these species are managed by the AMBLARD company. The CITES import permit number, given by the French CITES authorities, is noted on invoices: so that every species subject to this regulation benefits from perfect traceability. The retailers who are supplied by AMBLARD also have the guarantee that their animals are imported completely legally.
Conforming to article 4.2.b of community regulation (CE) n° 338/97, species subject to C.I.T.E.S. ordered on direct import « trans-shipping » must pass by the AMBLARD company’s acclimatisation centre, situated at Villepinte, beside Paris (1st destination area) before being delivered to clients.
The sale of CITES species
We would advise you strongly only to acquire species subject to CITES if the origin is clearly lawful. Take responsibility by only buying species that are legally imported.
A CITES number generally corresponds to a batch of animals of the same species. Many animals of the same species will therefore have the same number. On the other hand, two animals with different genus cannot have the same number. If, for example, on a coral invoice the same number is used for acropora spp. and for montipora spp., this is an administrative irregularity considered as fraud which engages your responsibility. The choice of a serious retailer is therefore fundamental.
Illegal sale and trafficking of animals: the risks incurred
The sale of illegal species is severely punished, notably by article 414 of the customs code that stipulates:
« Are punishable by a maximum imprisonment of three years, by seizure of the objects of fraud, seizure of the transport method, seizure of the objects used to hide the fraud and a fine of between one and two times the value of the object of fraud, in all cases of smuggling as well as all cases of undeclared import or export where the offences relate to merchandise in the prohibited or strongly taxed category in the sense of the present code.
The prison sentence is fixed at a maximum duration of ten years and the fine can increase to five times the value of the object of fraud in the case of smuggling, import or export of merchandise that is dangerous to health or public security, where the list is decided by the decree of the minister in charge of customs, or when they are committed by an organised gang. »
Find out more
Sites to consult:
www.cites.org
http://www.cites.org/fra/index.shtml
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
www.douane.gouv.fr
Official site of customs administration.
www.legifrance.gouv.fr
The essentials of French law; the official paper since 1990; the integral text of codes, collective conventions and laws and decrees since 1978.
Documents to download:
• Regulation (CE) No. 338/97 of Council, of 9th December 1996, relative to the protection of wild species of flora and fauna, by controlling their sale.
These measures are directly applicable in all member states and form the legal base for the application of CITES internally within the European Union.
• Regulation (CE) n° 865/2006 of Commission, of 4th May 2006, including methods of application of regulation (CE) n° 338/97 of council relative to the protection of wild species of flora and fauna by control of their sale.
This regulation concerns the practical aspects of regulation of trade in wild species.
