A Practical Guide to CITES

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A Practical Guide to CITES For EU timber traders Thematic article series no. 3 Published June 2018 The European Commission support for the production of this publication does not constitute endorsement of the contents which reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein. Developed by NEPCon under the project “Supporting Legal This material has been funded by UK aid from the UK government; however the views expressed do not Timber Trade” funded by the LIFE programme of the necessarily reflect the UK government’s official policies. European Union and UK Aid from the UK government. Thematic Article Series Introduction Contents The Convention on International Trade in Endangered Species of Wild Fauna and Flora – or CITES as it is more commonly known as – is an Introduction 02 international agreement that specifies how or if rare and endangered species of plants and animals can be traded internationally. It’s a 1. How does CITES work? 03 system that works via permits. Some species are not allowed to be traded commercially at all, whereas others can be traded if they have 2. How do the EU Wildlife Trade 05 the relevant permit. Regulations work? Read this article to find out: • How CITES works 3. What timber species are covered by 07 CITES or the EU Wildlife Trade • How the EU Wildlife Trade Regulations (which implement CITES in EU countries) work Regulation? • What main timber species are covered by CITES and the EU 4. What permits do I need? 15 Regulations • What permits you need to import, export or re-export CITES-listed timber species 5. What does a CITES permit look like? 21 • Other useful, practical information such as what CITES permits look 6. FAQs 23 like, how you apply for one and what the regulations mean in terms of due diligence. References 25 This article is primarily aimed at timber companies operating in the EU. The information on CITES permits applies to all timber companies in the world, but companies in the US and Australia need to comply with additional requirements1 which are not discussed here. Disclaimer: While we’ve done our utmost to ensure that the information in this article is correct at the time of publication, the CITES regulations are complicated and change over time. You should therefore use this article as a guide and not rely on it as a definitive description of your legal obligations. Thematic Article no. 3 02 Thematic Article Series The CITES Convention lists 300 additional timber species (all species in three different Dalbergia rosewood and Appendices, each one with a palisander species) were brought different level of protection2. under CITES trade controls, see How does Trade in any of these species to or Box 13. from any country that is party to Species may be listed on one of the convention - which is virtually the Appendices at the level of a all countries in the world – is group of species, an individual regulated as follows: CITES species, a sub-species or a • Species listed on Appendix I geographically distinct are threatened with population4. For example, all extinction. Trade in primates are listed on Appendix II work? specimens of these species is (other than those on Appendix I)5. permitted only in exceptional Sometimes only certain parts of a circumstances. listed species – for example, logs, sawn wood and veneer sheets – • Species listed on Appendix II may be protected whereas other are not necessarily parts may not be protected. threatened with extinction, but trade in them is The full text of the Convention can controlled to protect their be found here. survival. • Appendix III is a list of species that a country has requested be listed in order to facilitate international cooperation in its trade. Every three years, the countries that have signed up to the CITES Convention meet and vote on proposals to add or remove species (or sub-species) to Appendices I or II. Countries that have put a species on Appendix III may unilaterally make changes to its listing at any time. For example, at the most recent Convention, in 2017, more than Thematic Article no. 3 04 Thematic Article Series If you are based in the EU, then CITES requirements (which is you not only need to abide by the known as a country ‘entering CITES Convention, but also need a reservation’). to abide by the EU Wildlife Trade • Annex D contains all CITES Regulations. How do the Appendix III species for The EU uses the Wildlife Trade which an EU member state Regulations in order to implement has entered a reservation, as the CITES requirements. The well as some non-CITES EU Wildlife Wildlife Trade Regulations list species that are listed in species on one of four Annexes order to be consistent with instead of the three Appendices of other EU regulations, such as CITES6. the Habitats Directive and the Birds Directive. Trade • Annex A is mostly equivalent to the species on CITES In some cases, the requirements Appendix I. However, some of the Wildlife Trade Regulations Appendix I species may not are stricter than those of CITES. Regulations be included and some CITES We describe what permits are Appendix II and III species or needed for both CITES and the non-CITES species may be Wildlife Trade Regulations below. included if the EU has The European Commission and adopted stricter protection Traffic have produced a work? measures. comprehensive guide to the • Annex B is mostly equivalent Wildlife Trade Regulations which to the species on CITES can be found here. Appendix II. However, as above, some Appendix II species may not be included and some CITES Appendix III species or non-CITES species may be included if the EU has adopted stricter protection measures. • Annex C contains all CITES Appendix III species apart from those where an EU member state has stated that it will not be bound by the Thematic Article no. 3 06 Thematic Article Series Roughly 5,800 species of animals Monitoring Centre of the UN and 30,000 species of plants are Environment Programme that currently protected by the CITES lists species protected under Convention. At least 22 genera of both CITES and the EU What commercial timber are protected – Wildlife Trade Regulations. mostly with a single species within Cites and Timber (RBG, Kew) the genus protected; some with includes useful instructions multiple species or the entire for using this site. genus protected. timber Endangered CITES-listed species The tables below show which may sometimes be passed off as a timber species are protected. related, similar-looking but non- Unless otherwise stated, the CITES-listed species. For example, species are information comes from the highly CITES-listed African teak informative guide on CITES and (Pericopsis elata) is sometimes tree species by the Royal Botanic intentionally mislabelled as iroko Gardens, Kew7. If you have (Milicia excelsa)8. You should further questions about this topic, therefore pay close attention to covered by we highly recommend this guide the species determination. Our which provides more detail than article on the laboratory we go into here. techniques to help determine the species (and geographical origin) We have endeavoured to ensure of timber may be of help. CITES or that the main commercial timber species covered by CITES are There are some extra points to included in the tables below, but note about whether or not you will to be sure whether you need a need a permit. In particular: the EU permit or not, especially given • Both CITES and the EU that the number of protected Wildlife Trade Regulation species will change over time, you provide protection for wild should check by: plants and animals. You do Wildlife • Looking in the CITES not need any permits for Appendices plants that were ‘artificially propagated’ 9 * or that come • Looking in the EU Annexes from a commercial Trade • Using the Species+ website plantation. The ‘plantations’ which is a helpful searchable column in the tables below database developed by CITES gives an indication of whether Regulation? and the World Conservation there are known commercial * The exemption only applies if the plants are produced exactly in accordance with Resolution Conf. 11.11 (Rev. CoP15)9, if not permits are required. Thematic Article no. 3 08 Thematic Article Series plantations available. see the ‘notes’ section of the Commercial tree species on CITES Appendix I / Species+ website. • If you imported or exported a EU Annex A species before it was covered • The CITES Convention allows by the Convention, you do countries to put a Commercial, international trade in wild-sourced specimens of these not need to retrospectively ‘reservation’ on a species. If species is prohibited. apply for any permits10. this is the case for the species and country you wish Scientific name Common name Distribution Uses Parts and Reservations Suspensions – Are there any • The CITES Convention may populations – countries any national commercial to trade, and you are11: protectedb that have export plantations? only protect certain parts of a stated they suspensions of shall not be CITES tree.

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