CITES rules on trade in protected flora and fauna

What is CITES?

CITES stands for Convention on International Trade in Endangered Species of Wild Fauna and Flora. The rules under this convention ensure that endangered animals and plants do not become extinct. Countries inside and outside the European Union (EU) participate in the convention.

Which plants and animals are covered by CITES?

In the Species+ database you can look up whether a plant or animal is covered by CITES. Always use the scientific species name. If you do not know it or have another question, please contact the Dutch CITES office at cites@rvo.nl.

CITES covers living and dead plants and animals. It does not matter whether you have bought, received, or found these plants or animals. Parts or products of these plants or animals are also covered by CITES. For example:

• ivory objects or jewellery
• feathers and eggs
• bags, belts, or shoes made of animal skins
• musical instruments and furniture made of some types of wood

What if a plant or animal is covered by CITES?

Does the plant or animal species fall under CITES? Then you must comply with the rules for trade in and transport of CITES species. Which rules apply depends on the appendix in the CITES listing in which the species is placed. That appendix determines how strictly the species is protected (in Dutch).

The European Union has divided the species into 4 annexes of the CITES basic regulation: Annex A, B, C, and D. For species in Annex A, the rules are the strictest, for species in Annex D the least strict. In the Species+ database, the annex is listed for each species under EU Wildlife Trade Regulations > EU Listing > Annex. You can find the letter of the relevant annex if you scroll down on the page of the species you are looking for.

Depending on the annex, the following rules may apply:

• You must apply for CITES documents (in Dutch) if you import, export, or transport a CITES species to another country. This always applies to Annex A species and often also to species from other annexes. You apply for the documents at the Netherlands Enterprise Agency (Rijksdienst voor Ondernemend Nederland, RVO). There you can read more about the application process (in Dutch).
• You must mark animals that fall under Annex A. For birds you use a leg ring and for other animals a chip. This contains unique information about the animal.
• You must keep records for Annex A and B CITES species. These should include, for instance, where the species comes from and what markings it has. You should also keep all documents in these records. You can use the format for keeping CITES records from RVO (in Dutch).

Is a plant or animal species not covered by CITES? Then check the other rules for transport, trade, and possession of protected plants and animals.

Ban on import of trade

Some CITES species may not be imported into the EU at all. For example, because they could be harmful to plants or animals living here. These species are listed in the Implementing Regulation.

CITES can also temporarily ban trade with a particular country. For example, if that country does not comply with the CITES agreements. This may involve all trade or only trade in certain species. The CITES website shows which countries are subject to a temporary trade ban.

Permission or licence for trade and possession

In addition to CITES documents, you also need permission for trade and sometimes possession of CITES species under the Environment and Planning Act. This permission for possession is called a situation-specific regulation. You can apply for this situation-specific regulation from RVO (in Dutch). This applies to possession of and trade in:

• birds that come from the wild and are covered by the EU Wild Birds Directive in addition to CITES
• CITES species which you can prove were taken from the wild after 10 June 1994 in accordance with the rules and which are in:

  • Annex IV of the Habitats Directive
  • Annex I or II of the Bern Convention
  • Annex I of the Bonn Convention on the Conservation of Migratory Species of Wild Animals

Strictly protected CITES species

There is especially strict protection for some CITES species. For example, because they are close to extinction or are widely traded. Special rules apply to these species or their products (all links in Dutch):

• ivory (for example, incorporated into a piece of jewellery or musical instrument)
• African grey parrot
• antiques (for example, an old box or piece of furniture)
• Dalbergia wood (sometimes used for musical instruments or furniture)
• caviar (sturgeon eggs)
• hunting trophy (a dead or stuffed animal, or part thereof)
• tiger bones or rhino horns

Control and enforcement

The Netherlands Food and Consumer Product Safety Authority (NVWA), RVO, and Customs Administration of the Netherlands check whether you comply with the CITES rules. The Customs Administration checks the import and export of CITES species. The NVWA checks trade within the Netherlands (in Dutch).

If you do not follow the rules, you will be given an opportunity to rectify your lack of compliance. For example, by applying with the correct forms. If you then fail to do so, you may be fined. RVO can then also seize the plants or animals and:

• confiscate them
• send them back to the country they came from
• give them to a museum or zoo
• destroy them (this only applies to dead animals and plants, or products)