What are the main differences between CITES and the EU Wildlife Trade Regulations?
If you are already familiar with the workings of the Convention but not with those of the EU Wildlife Trade Regulations governing CITES, you should be aware that there are important differences between the former and the latter. Nor, as has already been said, can you rely on CITES Resolutions and Decisions for correct interpretation of the Regulations.
The EU Wildlife Trade Regulations not only implement the provisions of CITES but go beyond the Convention in some respects, for example:
Annexes contain non-CITES listed species: the EU Wildlife Trade Regulations have four Annexes of which A, B and C largely correspond to the first three Appendices of the Convention but also contain some non-CITES listed species protected under EU internal legislation.
Some species are listed in a “higher” equivalent Annex in the EU, i.e. they are listed in CITES Appendix II, but in EU Annex A, and trade in these species is consequently more strictly controlled by EU Member States than by other CITES Parties.
Annex D has no equivalent in CITES and contains species for which import levels are monitored.
The EU has stricter import conditions: import permits are required also for Annex B-listed species (not required under CITES for Appendix II-listed species). Import notifications are required for Annex C and D.
Proper housing conditions are required for live specimens of species listed in Annex A and in Annex B; CITES requires suitable care and housing only for imports of live specimens of Appendix I-listed species.
Internal EU trade in Annex A and Annex B-listed species is also controlled; CITES only regulates international trade.
The EU can restrict imports of species from certain countries: Regulation (EC) No 338/97 enables the Commission to suspend imports with regard to certain specimens even if the trade is allowed under CITES.