Submitted by the Member States in accordance with Article 15.4 (c) of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein April 2002 Report to the European Commission TRAFFIC EUROPE TRAFFIC Europe, April 2002 Compilation of EU Wildlife Regulation Implementation Reports INTRODUCTION 1 AUSTRIA 7 WASHINGTONER ARTENSCHUTZÜBEREINKOMMEN 8 REGELUNGEN IN DER EUROPÄISCHEN UNION 8 DER ARTENSCHUTZ IN ÖSTERREICH 9 1. GESETZLICHE MAßNAHMEN (BUNDES- UND VERWALTUNGSBEHÖRDLICHE GEBIETE)9 2. DURCHFÜHRUNGS-/DURCHSETZUNGSMAßNAHMEN 9 3. VERWALTUNGSMAßNAHMEN 9 4. INFORMATION/KOMMUNIKATION 9 5. DURCHFÜHRUNGSMAßNAHMEN 10 6. MAßNAHMEN, UM DIE WIRKSAMKEIT DER VERORDNUNGEN IN DER GEMEINSCHAFT UND DES WASHINGTONER ARTENSCHUTZÜBEREINKOMMENS JENSEITS DER NATIONALEN GRENZEN ZU ERHÖHEN 10 BELGIUM 72 1. MESURES LÉGISLATIVES 73 2. MESURES RÉGLEMENTAIRES ET APPLICATION 74 3. MESURES ADMINISTRATIVES 89 4. INFORMATION - COMMUNICATION 92 5. MESURES DE MISE EN OEUVRE 93 6. MESURES POUR AMÉLIORER L’EFFICACITÉ DES RÈGLEMENTS COMMUNAUTAIRES ET DE CITES AU DE-LÀ DES FRONTIÈRES NATIONALES 107 DENMARK 108 1. LEGISLATIVE MEASURES 109 2. ENFORCEMENT AND REGULATORY MEASURES 110 FINLAND 120 LEGISLATIVE MEASURES 121 REGULATORY/ENFORCEMENT MEASURES 122 ADMINISTRATIVE MEASURES 122 INFORMATION 122 FRANCE 124 1. RÉGLEMENTATION 125 2. APPLICATION DE LA RÉGLEMENTATION 126 3. MESURES ADMINISTRATIVES 128 4. COMMUNICATION 129 5. MISE EN ŒUVRE 129 6. REPRÉSENTATION COMMUNAUTAIRE ET INTERNATIONALE 131 TRAFFIC Europe, April 2002 Compilation of EU Wildlife Regulation Implementation Reports GERMANY 134 1. LEGISLATIVE MEASURES (FEDERAL AND ADMINISTRATIVE REGIONS) 135 2. ENFORCEMENT AND REGULATORY MEASURES 140 3. ADMINISTRATIVE MEASURES 158 4. COMMUNICATION 159 5. IMPLEMENTATION MEASURES 161 6. INTERNATIONAL INITIATIVES AND CONTRIBUTIONS TO ENHANCE BEYOND NATIONAL BORDERS THE EFFECTIVENESS OF THE COMMUNITY REGULATIONS AND OF CITES 176 GREECE 179 LEGISLATIVE MEASURES 180 REGULATORY/ENFORCEMENT AND ADMINISTRATIVE MEASURES 184 INFORMATION/COMMUNICATION 189 IMPLEMENTATION MEASURES 189 IRELAND 192 LEGISLATIVE MEASURES 193 ENFORCEMENT/REGULATORY MEASURES 193 ADMINSTRATIVE AND IMPLEMENTATION MEASURES 193 ITALY 195 1. LEGISLATIVE MEASURES 196 2. REGULATORY/ENFORCEMENT MEASURES 196 3. ADMINISTRATIVE MEASURES. 206 4. INFORMATION/COMMUNICATION 209 5. IMPLEMENTATION MEASURES 211 6. MEASURES TO ENHANCE THE EFFECTIVENESS OF THE COMMUNITY REGULATIONS AND OF CITES BEYOND NATIONAL BORDERS 219 LUXEMBOURG 221 1. MESURES LÉGISLATIVES/RÉGLEMENTAIRES: 222 2. MESURES D’APPLICATION LE LA RÉGLEMENTATION 224 3. MESURES ADMINISTRATIVES : 225 4. INFORMATION/COMMUNICATION : 226 5. MESURES D’IMPLÉMENTATION 226 6. INITIATIVES /CONTRIBUTIONS POUR RENFORCER L’EFFICACITÉ AU-DELÀ LES FRONTIÈRES NATIONALES : 230 NETHERLANDS 231 1. LEGISLATIVE MEASURES 232 2. ENFORCEMENT MEASURES 232 3. ADMINISTRATIVE MEASURES 236 TRAFFIC Europe, April 2002 Compilation of EU Wildlife Regulation Implementation Reports 4. INFORMATION/COMMUNICATION 237 5. IMPLEMENTATION MEASURES 240 6. MEASURES TO ENHANCE THE EFFECTIVENESS OF COMMUNITY 245 REGULATIONS AND CITES BEYOND NATIONAL BORDERS 245 PORTUGAL 252 1. MESURES LÉGISLATIVES 253 2. MESURES RÉGULAMENTAIRES 253 3. MESURES ADMINISTRATIVES 254 SPAIN 256 1.- MEDIDAS LEGISLATIVAS 257 2.- APLICACIÓN 257 3.- MEDIDAS ADMINISTRATIVAS 278 4.- INFORMACIÓN 281 5.- MEDIDAS DE IMPLEMENTACIÓN 281 6.- INICIATIVAS PARA FAVORECER LA EFECTIVIDAD DE CITES FUERA DE LAS FRONTERAS NACIONALES 283 SWEDEN 307 LEGISLATIVE MEASURES 308 REGULATORY/ ENFORCEMENT MEASURES 308 ADMINISTRATIVE MEASURES 312 INFORMATION 312 UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND 313 1. LEGISLATIVE MEASURES 314 2. REGULATORY/ENFORCEMENT MEASURES 315 3. ADMINISTRATIVE MEASURES 317 4. INFORMATION/COMMUNICATION 319 5. IMPLEMENTATION MEASURES 320 6. MEASURES TO ENHANCE THE EFFECTIVENESS OF THE COMMUNITY REGULATIONS AND OF CITES BEYOND NATIONAL BORDERS 320 TRAFFIC Europe, April 2002 Compilation of EU Wildlife Regulation Implementation Reports Introduction This compilation was produced by TRAFFIC Europe on behalf of the European Commission as part of its contract on the Monitoring of the implementation of Wildlife Trade Regulations in the EU. It compiles all biennial reports submitted by the Member States in an unabridged form and is meant to reflect the measures taken by each Member States to assure the implementation of EU Wildlife Trade Regulations. For their first reporting period, 1997-1998, Member States relied on the unique provisions of the Regulation, laid down in Article 39.5 (939/97) only lays down that the biennial report “shall include details on legislative, regulatory and administrative measures taken to implement and enforce the provisions of Regulation (EC) No 338/97 and of this Regulation“ to prepare their biennial report. Based on the assessment of the first reports and in order to assist Member States in preparing their report for the second period, 1999-2000, guidelines on the formulation of biennial reports were developed and made available to the EU authorities in February 2000 for the report to be submitted in June 2001. The aim of the guidelines was to harmonise the reporting, to facilitate the review of the reports and to provide a useful tool to assess the level of compliance of the implementation of wildlife trade regulations by Member States. According to the guidelines, the information in the biennial reports should be arranged under six main headings and a number of sub-headings. Box 1 shows a summary of the proposed headings and the articles of the Regulations that the headings refer to. Table 1 provides a short overview of the report and takes into consideration the headings used by the Member States in their reports. The table gives a general idea of the information provided. In the event some Member States did not systematically follow the proposed format and dealt with certain topics under more general or different headings than the ones suggested, so this table does not reflect the exact content of the reports. With regard to the very detailed and comprehensive information provided in the reports it seemed appropriate to compile the original versions into one document, since any attempt to produce a short sum-up overview version would have inevitably led to an important loss of information. In addition the presentation of all reports in one document seemed to give the best impression of the efforts made by each Member State in producing their report. In order to obtain a harmonised lay out, the reports were revised and transferred to a uniform font. Content-wise no changes were made. Certain documents from the annexes of the reports were not included, as no electronic versions were available. Documents that were not included in the compilation but provided by Member States are listed at the end of the introduction. The reports are presented in the language they were handed in. Germany submitted its report not only in German but also in English, to ease the reading the English version was included in the compilation. 1 TRAFFIC Europe, April 2002 Compilation of EU Wildlife Regulation Implementation Reports Documents that were submitted with the reports but not included in the compilation • Austria: Annexes, (Beilage) 1, 8, 9 and 11 to the Austrian report were not included in the compilation, as they were not submitted as an electronic version. Annex 1 contained texts of two laws, the species marking regulation (Arten-Kennzeichnungsverordnung) and the species trade law (Artenhandelsgesetz). Versions of the laws can be found on the website of the Austrian Federal Environmental Agency (Bundesumweltamt) under http://www.ubavie.gv.at/. Annex 8 was a brochure used at crossing points. Annex 9 was a compilation of all CITES pages of the web-site of the Federal Environmental Agency (Bundesumweltamt). Annex 11 were examples of the Austrian model forms. • France The Annex to the French report that contained an organigram of the Ministry of Regional Planning and the Environment (Ministère de l’aménagement du territoire et de l’environment) and the Direction of Nature and landscape (Direction de la Nature et des Paysages) was not included as no electronic version was submitted. • Ireland: The documents were not submitted in an electronic version. Wildlife Act, 1976, Wildlife (Amendment) Act, 2000, Copy Wildlife (Amendment) Act, 2000 (Commencement) (No.2) Order, 2001, Wildlife (Import and Export of Fauna and Flora) (Designation of Ports and Airports) Regulations, 2001 • Netherlands: No electronic versions of these documents were submitted. Annexe 2 of the Dutch report was a scenario for the use and disposal of confiscated specimens. Annex 3 was a survey of storage-institutions in The Netherlands. Annex 4 were examples of the model forms used by The Netherlands. BOX 1 Summary of information in biennial report – Relevant Articles 1. LEGISLATIVE MEASURES (FEDERAL AND ADMINISTRATIVE REGIONS) 1.1. Specific provisions and legal instruments 20 (338/97), 44 (939/97) 1.2. Sanctions 16.1 (338/97) 1.3. Provisions for Seizures and Confiscations 16.2 (338/97) 2. REGULATORY/ENFORCEMENT/MEASURES 2.1. Monitoring of compliance 14.1(a) (338/97) 2.2. Infringements and legal actions. Steps to ensure compliance 14.1(b) (338/97) 2.3. Significant infringements 14.1(c) (338/97) 2.4. Investigations advised by Commission 14.2 (338/97) 2.5. Enforcement Group 14.3(a) & (b) (338/97) 2.6. The use and disposal of confiscated specimens 16.3 (338/97) 2.7. Seizure/confiscation of live