Notification Detail

Regulation on the import, export, re-export and transfer or possession of threatened species of wild flora and fauna (Convention on International Trade in Endangered Species, CITES)

Notification Number: 2017/9015/N (Norway )
Date received: 14/09/2017
End of Standstill: 15/12/2017

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Message 901

Communication from the Commission - TRIS/(2017) 02436
Procedure for the provision of information EC - EFTA

Notificación - Oznámení - Notifikation - Notifizierung - Teavitamine - Γνωστοποίηση - Notification - Notification - Notifica - Pieteikums - Pranešimas - Bejelentés - Notifika - Kennisgeving - Zawiadomienie - Notificação - Hlásenie-Obvestilo - Ilmoitus - Anmälan - Нотификация : 2017/9015/N - Notificare.

No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.

(MSG: 201702436.EN)

1. Structured Information Line
MSG 901 IND 2017 9015 N EN 14-09-2017 N NOTIF


2. Member State
N


3. Department Responsible
Royal Ministry of Trade, Industry and Fisheries
Department for Industrial and Trade Issues
P.O. Box 8014 Dep
N-0030 Oslo
Norway


3. Originating Department
Royal Ministry of Climate and Environment
Department for Industrial and Trade Issues
P.O. Box 8014 Dep
N-0030 Oslo
Norway


4. Notification Number
2017/9015/N - S60E


5. Title
Regulation on the import, export, re-export and transfer or possession of threatened species of wild flora and fauna (Convention on International Trade in Endangered Species, CITES)


6. Products Concerned
The subject and primary objective of the regulation, which is protection of biological diversity, falls outside the scope of the EEA Agreement. However, some of the products covered by the CITES regulation are also products covered by the EEA agreement. The regulation is therefore in its entirety notified on a voluntary basis for information purposes.


7. Notification Under Another Act
-


8. Main Content
The new Norwegian CITES regulation is intended to follow up the Convention on International Trade in Endangered Species of wild Fauna and Flora (CITES) as well as decisions made by the Conference of the Parties. The EU Wildlife Trade Regulation (338/97) is not incorporated into the EEA Agreement. In most cases, the Norwegian regulation nevertheless follows the same approach.

As CITES is a minimum convention, the Parties are given the opportunity to set stricter domestic rules. For some areas, Norway will make use of the opportunity to set stricter domestic rules. Thus, there will, inter alia be required CITES import permits for the import of Appendix II species in addition to the convention requirements of a CITES export permit. In addition to the import, export and re-export, also the internal trade of specific CITES species within Norway will require a CITES certificate. The requirements for internal CITES certificate covered are species covered by the regulations Appendix 1, list A and certain list B species as specified in Appendix 3 of the regulation. In addition to an internal Norwegian CITES certificate, the named species has to be tagged or otherwise marked. Covering internal trade the regulation also opens for the use of domestic supervision, in addition to the boarder control. Lastly, the penal provision opens for stricter measures than the current regulation.

Contrary to the EU legislation, the Norwegian regulation doesn’t have an Appendix D (species not covered by the convention). Furthermore, none of the CITES-listed species are uplisted. However, this will be possible after a scientific review of the species has been conducted.


9. Brief Statement of Grounds
The new Norwegian CITES regulation is an update of the Norwegian implementation of CITES. The Norwegian Nature Diversity Act will be the new legal basis for regulating CITES. The Act opens, inter alia to regulate domestic trade. Furthermore, the penal provision is stricter than in the current legal basis act. This, as well as new resolutions adopted by the CITES Conference of the Parties, lead to an overall update on the Norwegian CITES-legislation.

The requirement for CITES import permits for the import of Appendix II species in addition to the convention requirements of a CITES export permit, will bring the Norwegian regulation in accordance with the EU-regulation and thus prevent that Norway becomes a loophole for this sort of trade. Regulation of domestic trade of certain species is made to prevent circumvention of the convention. Border control will never be able to fully control the import of CITES species. Under the current regulation, species that have entered the country, can be subject to domestic trade even though international trade not would be allowed.

The Regulation is based on biological diversity considerations, and is proposed in order to conserve natural wild species, which are, or may become, threatened with extinction as the result of trade.


10. Reference Documents - Basic Texts
References of the Basic Texts: Act of 19 June 2009 no. 100 relating to the Management of Nature Diversity, section 26, the Act of 15 June 2001 no. 79 relating to Environmental Protection on Svalbard, section 26, second paragraph and the Act of 27 February 1930 no. 2 relating to Jan Mayen.


11. Invocation of the Emergency Procedure
No


12. Grounds for the Emergency
-


13. Confidentiality
No


14. Fiscal measures
No


15. Impact assessment
The new regulation will require permits in a somewhat larger degree than the current regulation, but at the same time increase the control of and the enforcement of the CITES convention under Norwegian law.


16. TBT and SPS aspects
TBT aspect

No - The draft has no significant impact on international trade

SPS aspect

No - The draft is not a sanitary or phytosanitary measure



**********
European Commission

Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu

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