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EU Regulation 338/97

Definition

The European Union's main wildlife trade instrument, implementing CITES and in many respects going further, applying to internal as well as international trade and covering some species not listed by CITES.

Type
EU wildlife trade regulation
Relationship to CITES
Implements CITES, extends beyond it
Scope
Internal EU trade and international trade
Coverage
Includes some species not listed by CITES

Common questions

How does EU Regulation 338/97 go further than CITES itself?+

CITES only governs trade crossing international borders, but Regulation 338/97 also regulates trade of listed species within the EU's internal market, and it adds protection for some species the CITES appendices do not cover.

Does a CITES permit alone satisfy EU wildlife trade requirements?+

Not necessarily. Because the Regulation can impose stricter conditions than CITES, including on species or movements CITES does not restrict, EU import and internal trade can require additional documentation beyond a valid CITES permit.

Why is this Regulation relevant to a forensic wildlife investigation within the EU?+

It defines the specific offences and permit requirements that a seized specimen may be tested or documented against, so establishing a violation often depends on this Regulation's listings and rules rather than CITES appendices alone.

Related terms

Appendix I
The highest protection tier in CITES, listing species threatened with extinction. Commercial international trade is prohibited; non-commercial trade requires both export and...
Appendix II
The intermediate CITES tier, covering species not yet threatened but requiring controlled trade. Export permits require a non-detriment finding from the exporting...
CITES
The Convention on International Trade in Endangered Species of Wild Fauna and Flora, a multilateral treaty signed in 1973 now with over...
Lacey Act
US federal legislation originally from 1900, substantially amended in 1981 and 2008, that prohibits trade in wildlife taken in violation of any...
Non-Detriment Finding (NDF)
A Scientific Authority's determination that a proposed export will not be detrimental to the survival of the species in the wild, required...

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