Commission Recommendation of 13 June 2007 identifying a set of actions for the enforcement of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (notified under document number C(2007) 2551)
Date: 2007-06-13
Institutions: European Commission
Subjects: cooperation policy, exchange of information, illicit trade, protection of animal life, protection of plant life, wildlife

20.6.2007

EN

Official Journal of the European Union

L 159/45

RECOMMENDATIONS

COMMISSION

COMMISSION RECOMMENDATION

of 13 June 2007

identifying a set of actions for the enforcement of Council Regulation (EC) No 338/97 on the
protection of species of wild fauna and flora by regulating trade therein

(notified under document number C(2007) 2551)

(2007/425/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community, and in particular Article 211 thereof,

establishing the European

In accordance with Article 16 of Regulation (EC) No
338/97 Member States must ensure the imposition of
sanctions for infringements thereof that are appropriate
to their nature and gravity.

Whereas:

(1)

(2)

(3)

(4)

Illegal trade in specimens of species included in Council
Regulation (EC) No 338/97 of 9 December 1996 on the
protection of species of wild fauna and flora by regu-
lating trade therein (1) implementing the Convention on
International Trade in Endangered Species of Wild Flora
and Fauna (hereinafter CITES) causes serious damage to
wildlife resources, reduces the effectiveness of wildlife
management programmes, undermines legal, sustainable
trade and threatens sustainable development particularly
in the developing economies of many producing
countries.

Addressing the root causes of
important in order to underpin enforcement efforts.

illegal wildlife trade is

In accordance with Article 14 of Regulation (EC) No
338/97, the Member States shall take appropriate steps
to ensure compliance with, and enforcement of Regu-
lation (EC) No 338/97 and where necessary,
to
instigate legal action.

(6)

(7)

(8)

(9)

According to settled case law of the Court of Justice, it is
the responsibility of the Member States to ensure that
penalties
infringements of Community law are
effective, dissuasive and proportionate.

for

In accordance with Article 10 of
the EC Treaty, co-
ordination and co-operation amongst Member States
and their authorities is essential to ensure the effective
enforcement of Regulation (EC) No 338/97.

Application of Regulation (EC) No 338/97 requires inter-
national co-operation, which is also fundamental
to
fulfilling the objectives of CITES.

The Commission Study on Enforcement of
the EU
Wildlife Trade Regulations in the EU-25, published in
the need to identify
November 2006,
priority areas for coordinated work and to develop a
set of common guidelines to facilitate the application
of Regulation (EC) No 338/97.

recognises

In accordance with Article 15 of Regulation (EC) No
338/97, the Member States and the Commission must
ensure that the necessary steps are taken to make the
public aware and inform it of the provisions regarding
implementation of CITES and of the Regulation.

(10)

In its December 2006 conclusions on halting the loss of
biodiversity (2), the Council calls upon the Member States
to reinforce efforts to combat illegal trade in CITES listed
species
and the
Commission to strengthen a coordinated response and
actions for the enforcement of CITES.

and calls upon Member

States

(1) OJ L 61, 3.3.1997, p. 1. Regulation as last amended by Commission

Regulation (EC) No 1332/2005 (OJ L 215, 19.8.2005, p. 1).

(2) 2773rd Environment Council meeting on 18 December 2006.

L 159/46

EN

Official Journal of the European Union

20.6.2007

(11)

in this Recommendation
The set of actions set out
reflects discussions held in the context of
the En-
forcement Group set up under Article 14 of Regulation
(EC) No 338/97 and of the Committee on Trade in Wild
Fauna and Flora, established under Article 18 of the same
Regulation,

(g) in addition to the checks at border-crossing points
required under Regulation (EC) No 338/97, ensuring
in-country enforcement,
in particular through regular
checks on traders and holders such as pet shops,
breeders and nurseries;

HEREBY RECOMMENDS:

(h) using risk and intelligence assessments systematically in
order to ensure thorough checks at border-crossing
points as well as in-country;

I. Actions

identified by this Recommendation should be
carried out by Member States in order to facilitate the
enforcement of Regulation (EC) No 338/97.

(i) ensuring that facilities are available for the temporary
specimens and
long-term re-

confiscated live
their

care of
mechanisms
homing, where necessary.

seized or
are

in place

for

II. In order to increase enforcement capacity, Member States

should take the following actions:

III.

In order to increase co-operation and information exchange,
Member States should take the following actions:

(a) adopting national action plans

for coordination of
enforcement;
defined
objectives and time frames, and should be harmonised
and reviewed on a regular basis;

should

clearly

these

have

(b) ensuring that all relevant enforcement agencies have
adequate financial and personnel resources for the en-
forcement of Regulation (EC) No 338/97 and that they
have access
to specialized equipment and relevant
expertise;

(c) ensuring that penalties for infringements of Regulation
(EC) No 338/97 act as a deterrent against wildlife trade
crime, in accordance with settled case law of the Court
of Justice, are consistent as to their application and, in
particular,
inter alia the
they take into account
market value of the specimens, the conservation value
of the species involved in the offence and the costs
incurred;

that

(d) for the purpose of point (c), carrying out training or
awareness raising activities for enforcement agencies,
prosecution services and the judiciary;

(e) ensuring that all relevant enforcement agencies have
access to adequate training on Regulation (EC) No
338/97 and on identification of species;

(a)

(b)

establishing procedures for co-ordinating enforcement
among all their relevant national authorities through,
inter alia, the establishment of inter-agency committees
as well as memoranda of understanding and other
inter-institutional cooperation agreements;

facilitating access for relevant enforcement officers to
existing resources,
tools and channels of communi-
cation for the exchange of information relating to the
enforcement of Regulation (EC) No 338/97 and CITES,
so that all relevant information is made available to
enforcement officers at all
including front line
staff;

levels,

(c)

appointing national focal points for the exchange of
wildlife trade information and intelligence;

(d)

sharing relevant information about significant trends,
seizures and court cases at the regular meetings of
the Enforcement Group as well as intersessionally;

(e)

co-operating with relevant enforcement agencies in
other Member States on investigations of offences
under Regulation (EC) No 338/97;

(f)

using the means of communication, coordination and
know-how of the European Anti-fraud Office in co-
ordinating investigations at Community level;

(f) ensuring the provision of adequate information to the
public and stakeholders with a view,
in particular, to
raising awareness about the negative impacts of illegal
wildlife trade;

(g)

exchanging information on penalties for wildlife trade
offences to ensure consistency in application;

20.6.2007

EN

Official Journal of the European Union

L 159/47

(h) assisting in capacity building for application of

the
Regulation (EC) No 338/97 in other Member States
including
and by
through training programmes
sharing training manuals and materials;

(i) making available to other Member States, existing
awareness-raising tools and materials aimed at
the
public and stakeholders;

(j)

(k)

(l)

assisting other Member States with the temporary care
and long-term re-homing of seized or confiscated live
specimens;

agencies

in source,

liaising closely with CITES Management Authorities and
law enforcement
and
consumer countries outside of
the Community as
well as the CITES Secretariat, ICPO Interpol and the
World Customs Organization to help detect, deter
and prevent
trade in wildlife through the
exchange of information and intelligence;

transit

illegal

providing advice and support to CITES Management
Authorities and law enforcement agencies in source,
transit
the
Community to facilitate legal and sustainable trade
through correct application of procedures;

countries outside of

consumer

and

(m) supporting capacity-building programmes

in third
countries in order to improve implementation and
enforcement of CITES, inter alia, through Development
Co-operation funds and in the framework of a future
‘Aid for Trade Strategy’ (1);

(n)

fostering inter-regional collaboration to combat illegal
wildlife trade inter alia by building links with other
regional and sub-regional initiatives.

IV. Information concerning the measures taken on the basis of
transmitted to the
this Recommendation should be
Commission at the same time as the information referred
to in Article 15(4)(c) of Regulation (EC) No 338/97.

Done at Brussels, 13 June 2007.

For the Commission

Stavros DIMAS
Member of the Commission

(1) Communication from the Commission to the Council, the European
Parliament, the European Economic and Social Committee and the
Committee of the Regions Towards an EU Aid for Trade strategy —
the Commission's contribution (COM(2007) 163 final).