To prevent the disappearance of certain endangered species of fauna and flora, whose beauty and variety are irreplaceable elements of ecosystems, the signatory states strove to design a treaty to restrict, and even forbid in certain situations, the international trade of critically endangered species.

 

The Convention for International Trade of Endangered Species (CITES), commonly known as the Washington Convention, was signed in Washington on 3 March 1973 and ratified by France in 1978. As of today, 180 countries have joined the Convention.

 

In 1982, the European Council of Environment Ministers designed legislation concerning the community’s application of CITES. A regulation on the means of application of the 1982 regulation was adopted in 1983.

 

Today, the two main prevailing community texts are: 

 

- Council Regulation (EC) n° 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein.

 

- The Community regulation strengthens the protection of endangered species relative to the Washington Convention since it controls trade internal to the Community (and even within a Member State).

 

It is important to take note of provisions in the Washington Convention as well as those of the 1997 and 2001 regulations.

 

A - Classification:

 

The Washington Convention classifies endangered species of flora and fauna into 3 categories (I, II and III) while Council Regulation (EC) n° 338/97 classifies species according to 4 categories (A, B, C and D).

 

Species are classified according to the danger of extinction that their trade represents.

 

Regarding psittacidae, a comparison of the two texts reveals that annexes A, B, and C of the Council Regulation from 1997 corresponds to annexes I, II and III of the Washington Convention.

 

There are however two exceptions:

 

- Eunymphicus cornutus cornutus is not listed in the Council Regulation (EC) from 1997 in Annex A while the Washington Convention lists it in Annex I.

- All Vini sub-species appear exclusively in Annex A (1997 regulation) while only Vini ultramarina appears in Annex I of the Washington Convention.

 

B – Trade regulations:

 

1) Annex I or A includes all endangered species that are or could be affected by trade.

 

The trade of species included in Annex I or A is in principle forbidden.

 

Only importing for scientific reasons is authorised. A scientific authority in the importing country (in France, this is the Muséum National d’Histoire Naturelle) must deliver a favourable opinion. Then, a management authority from the importing state issues an import permit (CITES). The export permit or the re-export certificate can only be issued after the issuance of the import permit.

 

In France, the management authority is, as of 1 January 2001, the Directions Régionales de l’Environnement - DIREN.

 

2) Annex II or B includes all species susceptible to becoming endangered if their trade is not strictly regulated.

 

An export permit or a re-export certificate must be issued by the management authority of the Member State in which the specimens are located. The issuance of an import permit by the directions régionales de l’environnement is only possible after presentation of an export permit or re-export certificate and after the favourable opinion of the Muséum National d’Histoire Naturelle.

 

3) Annex III or C lists species considered as endangered on the territory of one or more countries and which require a particular regulation and co-operation among other parties to the Convention to control their trade.

 

Their export requires the issuance of an export permit when the Member State has listed the species in III.

 

To import a specimen, a certificate of origin must be issued as well as an export permit if the Member State of origin has listed the relevant specimen in Annex III.

 

For a re-export, a certificate is also necessary.

 

4) Lastly, the Council Regulation includes a fourth category. Annex D includes species not listed in Annexes A, B and C but whose volume of Community importing justifies close monitoring.

 

C - Scope:

 

The new Council Regulation goes further than the Washington Convention in its provisions but is binding only for the Member States of the European Community.

 

The Washington Convention allows in its article X that states party to the Convention who deal with non-party states (importing, exporting or re-exporting) may accept similar documents (in place of the CITES permit), provided that the conditions for issuance of these documents are similar to those allowed by the Convention. 

 

The protection of species applies to living and dead birds as well as to all parts or products issued from the animal (in particular, feathers, skin, stuffed animals, etc.). 

 

Article XIV allows for stricter, internal provisions to supersede the Washington Convention.

 

D - Derogations:

 

Specimens of species listed in Annex I or A, which are born and bred in captivity or artificially propagated in a facility sanctioned by authorities, can be traded internationally or within the European Community and are therefore subject to the applicable provisions for species listed in Annex B or II.

 

A specimen can however not be traded if it is protected by the Arrêté de Guyane.

 

Articles and Appendices of the Washington Convention