Specimens of species listed in the Annexes that are in transit between two “third” countries (i.e. two non-EU countries) do not need an import permit or notification for entering the EU or a re-export certificate to leave the EU1. However, for those species listed in EU Wildlife Trade Regulations Annexes that are also listed in CITES Appendices I and II, a valid CITES export permit or re-export certificate, that clearly indicates the final destination of the shipment, must have been issued by the exporting country2. Without such a valid (re-)export document, or proof of its existence, specimens must be seized and may be confiscated, provided that a document is not issued retrospectively3 (see also Section 8.3).
“Transit” refers only to specimens that remain in Customs control, and are in the process of being shipped to a named consignee. Introduction into bonded warehouses equals import into the EU and therefore requires a permit. For a definition of “transit” under the EU Wildlife Trade Regulations see Annex III of this Guide.
If the shipment in transit is not accompanied by valid CITES documents (or the comparable documents from a non-Party) it will be seized. In the past, it was often the case that CITES documents did not necessarily travel with the associated shipments and this was tolerated if a valid document could be produced on demand. However, the EU has now taken the collective view that the original of the export permit and the copy of the import permit must accompany shipments of Appendix I species.
Resolution Conf. 9.7 (Rev. CoP15) of the CITES Conference of the Parties recommends that, when an illegal shipment in transit or being transhipped is discovered but cannot be seized, the country of final destination and the CITES Secretariat are provided with all relevant information on the shipment as soon as possible.