EU regulations govern the prohibition of the introduction of certain wildlife species into the European Union (EU), which is of great importance in the context of protecting the environment as a whole. These regulations are regularly updated. The European Commission’s (EC) draft regulation, which is currently being consulted, aims to update the existing trade restriction on certain wild plant varieties and animal species from non-EU countries. The draft regulation will enter into force on the 20th day after its publication in the Official Journal of the European Union.
The European Commission invites all interested parties to submit their opinions, comments and proposals by October 7, 2024. As the EC points out, the submitted comments and opinions on this draft legislation will be taken into account in the development of its final form.
Regulations restricting the import of certain wildlife species
In order to ensure the effective protection of wildlife species, restrictions have been placed on the import of these species into the EU and their export from the Community. With regard to live specimens, these restrictions are supplemented by additional sanctions at the Community level on the possession or transport of such specimens within the EU.
The above-mentioned rules were first regulated within the framework of Council Regulation No. 338/97 of December 9 , 1996 on the protection of species of wild fauna and flora by regulating trade in them , normalizing the transit of specimens through the Community. Its purpose was to protect species and guarantee their preservation by regulating trade. According to Council Regulation 338/97, the European Commission may establish restrictions on the introduction of specimens of certain species of fauna and flora into the European Union.
Updates to existing restrictions shall be made using the criteria set forth in the aforementioned regulation and shall be adopted or removed, taking into account the opinion of the Scientific Review Group. Scientific Review Group, bringing together scientific specialists from EU member states.
Endangered animal species and plant varieties – an overview of regulations restricting imports
The multitude of biological and ecological aspects considered in the preparation of Council Regulation No. 338/97 necessitated the establishment of the Scientific Review Group. The Scientific Review Group, whose opinions the European Commission transmits to, among others. administrative bodies of the member states, thus assisting them in making final decisions. The current list of banned species was established in December 2023. by Executive Regulation (EU) 2023/27702.
Taking into account the recommendations made by the Standing Committee of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the Scientific Review Group has concluded that the introduction of specimens of the following species into the European Union should be prohibited. Scientific Review concluded that the ban on the introduction into the European Union of specimens of the following species: Trioceros montium and Trioceros quadricornis from Cameroon; Trioceros feae from Equatorial Guinea; Mantella cowanii, Mantella crocea, Mantella viridis and Scaphiophryne gottlebei from Madagascar and Varanus dumerilii, Varanus jobiensis and Varanus salvadorii from Indonesia are no longer required.
Currently, following the recommendations of the Scientific Review Group. Scientific Review Group, consultations are underway on changes to the list of trade restrictions introduced in December 2023. list of trade restrictions on certain wild plant varieties and animal species from non-EU countries. It is proposed that certain species be removed from this list.
Import of some wildlife still banned
The wildlife species that will continue to be banned from import into the EU are listed in an annex to the draft regulation under consultation. The annex indicates the banned species and the country from which imports are banned. It lists, among others. species of mammals, birds, reptiles, insects, and species of flora, e.g. legumes, orchids, rosaceae.
Whereby a species is considered in this context to be a species, subspecies or population thereof. And for a specimen – any animal or plant, alive or dead, belonging to a species listed in the annexes to Council Regulation No. 338/97, any part or derivative product thereof contained in other goods, and any other goods which, according to the accompanying document, packaging, marking, labeling and any other circumstances, may contain or include parts or derivative products of animals or plants belonging to those species.