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LEGISLATION

APPLICATION CITES LEGISLATION

An obligation that emanates from the CITES Convention is the adoption of national legislation that allows for the application of the provisions of the CITES Convention and the Resolutions approved by the Conference of the Parties. This does not prevent the adoption of stricter national measures.

In the case of the European Union, this is done through common regulations that apply and develop the CITES Convention, also fulfilling the objective of achieving harmonization throughout the territory of the EU.

INTERNATIONAL LEGISLATION

EU LEGISLATION

Spain directly applies EU legislation essentially contained in Regulations (EC) 338/97 and 865/2006. The first of them is the basic regulation that outlines the general principles and the second is the Implementing Regulation that develops its foundations. Both have been modified by subsequent regulations, all of which are listed below, in addition to the Suspension Regulation that prohibits the importation into the EU of certain specimens.

Regulation (EC) 338/97 of the Council, of December 9, 1996, relating to the protection of species of wild fauna and flora through the control of their trade (published in the DOCE No. L61 of 03/03/97). The version of this Consolidated Regulations includes the following modifications.

  • Regulation (EC) 1882/2003 of the European Parliament and of the Council of 29 September 2003 on the adaptation to Council Decision 1999/468/EC of the provisions relating to committees which assist the Commission in the exercise of its implementing powers provided for in the acts subject to the procedure established in Article 251 of the EC Treaty (published in DOL no. L 284 of 10/31/2003).
  • Regulation (EC) 398/ 2009 of the European Parliament and of the Council, of 23 April 2009, amending Council Regulation (EC) 338/97 on the protection of species of wild fauna and flora by controlling their trade in regarding the execution powers attributed to the Commission (published in DOCE No. 126/5 of 05/21/2009).
  • Regulations (EU) 750/2013, of July 29, 2013, which modifies Council Regulation (EC) 338/97, relating to the protection of species of wild fauna and flora through the control of their trade ( published in DOL No. 212 of 08/07/2013).
  • Regulations (EU) of the Commission 2021/2280 of December 16, 2021 amending Council Regulation (EC) No. 338/97 and Commission Regulation (EC) 865/2006 of May 4, 2021 2006, which establishes provisions for the application of Regulation (EC) 338/97.
  • Commission Regulation (EU) 2023/966 of 15 May 2023 amending Council Regulation (EC) No 338/97 to reflect the amendments adopted at the 19th session of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Regulations (EC) 865/2006 of the Commission, of 4 May 2006, establishing provisions for the application of Council Regulation (EC) 338/97 on the protection of species of fauna and flora wild animals by controlling their trade (published in DOCE No. L166 of 06/19/2006). The version of this consolidated Regulation includes the following modifications:

  • Commission Regulation (EC) 100/2008, of 4 February 2008, amending it, with regard to sample collections and certain formalities related to the international trade in endangered species of wild fauna and flora, Regulation (EC) No 865/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 338/97.
  • Commission Regulation (EU) 791/2012, of 23 August 2012, which modifies, with regard to certain requirements on trade in endangered species of wild fauna and flora , Regulation (EC) 865/2006, which establishes provisions for the application of Council Regulation (EC) 338/97 (published in DOL no. 242 of 09/07/2012).
  • Commission Implementing Regulation (EU) 792/2012, of 23 August 2012, laying down provisions on the design of permits, certificates and other documents provided for in the Regulation (EC) 338/97 of the Council, relating to the protection of species of wild fauna and flora by controlling their trade, and amending Commission Regulation (EC) 865/2006 (published in DOL 242 of 07 /09/2012).
  • Commission Regulation (EU) 2021/2281 of December 16, 2021 amending Commission Implementing Regulation (EU) No. 792/2012, so concerns the addition of a new code of origin for plants from assisted production and related changes.

Commission Implementing Regulation (EU) 1587/2019 of 24 September 2019, suspending the introduction into the Union of specimens of certain species of wild fauna and flora (published in the DOL No. 248 of 09/27/2019). NOTE: contains species currently prohibited from being imported into the EU.

Commission Regulation (EU) 2019/2117 of 29 November 2019 amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by controlling their trade. NOTE: Includes new Annexes A to D adopted after CoP18.

NATIONAL LEGISLATION

Instrument of accession of Spain, of May 16, 1986, to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). (Published in the BOE no. 181 of 07/30/1986).

Royal Decree 1333/ 2006, of November 21, which regulates the destination of confiscated specimens of threatened species of wild fauna and flora protected by controlling their trade (published in the BOE no. 286 of 11/30/ 2006). Modified by Royal Decree 986/ 2021 (published in BOE no. 295 of 10/12/2021).

Second additional provision of LAW 32 2007 of November 7 and modified in June 2017, for the care of animals, on their farm, transportation, experimentation and sacrifice (published in the BOE on 06/28/2017). NOTE: establishes the fees for the management and processing of CITES permits and certificates.

Instrument of Acceptance of the Amendment to Article XXI. of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Washington, March 3, 1973), adopted in Gaborone on April 30, 1983 (published in BOE 270 of 11/11/2013).

Royal Decree 7/ 2018, of January 12, which establishes the documentation, possession and marking requirements regarding trade in endangered species of wild fauna and flora, in accordance with the provisions of the European Union regulations in implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. Modified by Royal Decree 986/2021 (published in BOE no. 295 of 10/12/2021).

Royal Decree 986/ 2021, of November 16, establishing measures for the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), done in Washington on March 3, 1973, and the Regulations (EC) No. 338/97, of the Council, of December 9, 1996, relating to the protection of species of wild fauna and flora through the control of their trade (published in 2021 (BOE No. 295 of 10/12/2021 ).

Resolution of November 21, 2022, of the Department of Customs and Excise Taxes, of the State Tax Administration Agency, on the form of declaration of specimens subject to the regulations of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (BOE no. 30 of 4/02/2023).

Resolution of 20 January 2023, of the Undersecretariat, by which the Agreement entrusting the management of the State Tax Administration Agency to the Ministry of Industry, Commerce and Tourism, Secretary of State for Commerce, for carrying out the verifications prior to customs clearance provided for in Regulation (EC) No. 338/97, of the Council, of December 9, 1996, relating to the protection of species of wild fauna and flora through the control of their trade (BOE no. 23 of 01/27/2023).

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CITES SANCTIONING LEGISLATION

The Member States of the European Union, in application of Regulation (EC) 338/97, must develop national legislation that sanctions non-compliance with CITES regulatory provisions. In the case of Spain, the legislation in this regard is contained in the following provisions:

  • Organic Law 10-1995, of November 23, 1995, of the Penal Code (modified on several occasions). Published in BOE No. 281 of 11/24/1995.
  • Organic Law 12-1995, of December 12, 1995, on the Repression of Smuggling. Published in BOE No. 297 of 12/13/1995.
  • Royal Decree 1649/1998, of July 24, 1998, which develops Title II of Organic Law 12/1995, of December 12, on the Repression of Smuggling, relating to administrative offenses of smuggling . Published in BOE No. 214 of 09/07/1998.
  • Organic Law 6/ 2011, of June 30, which modifies Organic Law 12/1995, of December 12, on the repression of smuggling. Published in BOE No. 156 of 01/07/2001.