What procedures apply to import and (re-)export of captive-bred animals and of artificially propagated

Reference Guide to the European Union Wildlife Trade Regulations 55

 Second-generation offspring (F2) and “subsequent generation offspring (F3, F4, etc.)” means specimens produced in a controlled environment from parents that were also produced in a controlled environment (it should be noted that first-generation offspring (F1) specimens that are produced in a controlled environment from parents - at least one of which was conceived in or taken from the wild - are not covered by this definition);

 Breeding stock means all the animals in a breeding operation that are used for reproduction, and

 A controlled environment means an environment that is manipulated for the purpose of producing animals of a particular species, that has boundaries designed to prevent animals, eggs or gametes of the species from entering or leaving the controlled environment, and the general characteristics of which may include, but are not limited to: artificial housing, waste removal, health care, protection from predators and the artificial supply of food.

In order for an animal specimen to qualify as “born and bred in captivity” (rather than merely captive-born, which carries no special advantage), a competent Management Authority, in consultation with a competent Scientific Authority of the Member State, must be satisfied that all of the following conditions have been met¹⁹⁵:

 the specimen is, or is derived from:

o the offspring born – or otherwise produced – in a controlled environment – of either:

 parents that mated (or had gametes otherwise transferred – e.g. by artificial fertilisation) in a controlled environment – if reproduction is sexual; or

 parents that were in a controlled environment when development of the offspring began – if reproduction is asexual;

 the breeding stock was established in accordance with the legal provisions that applied in the place and time when it was first obtained (even if this pre-dates the Regulations or the Convention), and in a manner not detrimental to the survival of the species in the wild; and

 the breeding stock is maintained without the introduction of new specimens from the wild, except (and given that any new specimens are obtained in a legal and non-detrimental way) for the following purposes:

o to prevent deleterious inbreeding (in which case the amount of the new addition must be determined by the need for new material);

o to dispose of confiscated specimens; or o exceptionally, for use as breeding stock.

 the breeding stock has either:

o itself produced second or subsequent generation offspring (so-called F2, F3 and so on) in a controlled environment, or otherwise; or

o is managed in a manner that has been demonstrated to be capable of reliably producing second generation offspring in a controlled environment (e.g. for species where husbandry and breeding techniques are long established and widely documented).

Similarly, in order for a plant specimen to qualify as artificially propagated, a competent Management Authority, in consultation with a competent Scientific Authority of the Member State, must be satisfied that all of the following conditions have been met¹⁹⁶:

195 Article 54 Regulation (EC) No 865/2006.

196 Article 56 Regulation (EC) No 865/2006.

Reference Guide to the European Union Wildlife Trade Regulations 57

 the specimen is, or is derived from, plants grown from seeds, cuttings, divisions, callus tissues or other plant tissues, spores or other propagules under controlled conditions (i.e. a non-natural environment that is heavily manipulated by such practices as tillage, fertilisation, weed control, irrigation, potting, bedding, protecting from weather etc.)¹⁹⁷;

 the cultivated parental stock was established in accordance with the legal provisions that applied in the place and time when it was first obtained (even if this pre-dates the Regulation or the Convention), and in a manner not detrimental to the survival of the species in the wild;

 the cultivated parental stock is managed in such a way that its long-term maintenance is guaranteed, and

 in the case of grafted plants, both the root stock and the graft have been artificially propagated in accordance with the preceding conditions.

The following are also considered "artificially propagated":

 Timber taken from trees grown in monospecific plantations¹⁹⁸;

 Trees of agarwood-producing taxa grown in cultivation such as:

(a) gardens (home and/or community garden);

(b) state, private or community production plantations, either monospecific or mixed species¹⁹⁹.

The above definitions for captive-bred animals and artificially propagated plants also apply to specimens of species listed in Annex B. Provided the above criteria are met, this will be a relevant factor to be considered by the Scientific Authority when assessing whether or not the import or export is harmful to the conservation of the species.

If there is doubt as to whether a plant or animal specimen was born and bred in captivity or artificially propagated, the Management or Scientific Authority can request proof through, for example, DNA testing of blood or other tissue for animal species²⁰⁰. In such cases the analysis, or the necessary samples, must be made available to the Management or Scientific Authority.

3.6.1.2 What rules apply for captive-bred animals of Annex A-listed species?

The EU does not currently implement the recommendations of the Conference of the Parties to CITES set out in Resolution Conf. 12.10 (Rev. CoP15), with regard to restrictions on trade in specimens of Appendix I-listed animal species produced by commercial captive-breeding operations. This means that, for the time being, breeding operations do not have to be registered with the CITES Secretariat for trade in specimens of Appendix I-listed species to or from the EU to take place. Some Member States however register facilities based on their national registration.

Most specimens of Annex A-listed animal species do, however, have to be uniquely marked. For the provisions of marking of captive-bred specimens see Section 6.

197 For agarwood producing taxa, which are grown from seeds, cuttings, grafting, marcoting-air-layering, divisions, callus tissues or other plant tissues, spores or other propagules, “under controlled conditions” refers to a tree plantation, including other non-natural environment that is manipulated by human intervention for the purpose of producing plants or plant’s parts and derivatives (Article 56(1) Regulation (EC) No 865/2006).

198 Plantations containing one species.

199 Article 56(3) Regulation (EC) No 865/2006.

200 Article 55 Regulation (EC) No 865/2006.

3.6.1.3 What special provisions apply for artificially propagated plants?

For artificially propagated Annex B and C-listed plants, and hybrids of unannotated²⁰¹ Annex A-listed plants, phytosanitary certificates may be used instead of export permits²⁰².

In these cases, the certificate must include the scientific name at species level or, if this is not possible, at the genus level, but only for those taxa for which the entire family is listed in the Annexes to the Regulations²⁰³.

Artificially propagated Annex B-listed orchid and cacti species need only be referred to at the family level – i.e. simply as “orchids” or “cacti”. Phytosanitary certificates must also include the type and quantity of specimens and bear a stamp, seal or other specific indication stating that:

“ ...the specimens are artificially propagated as defined by CITES”²⁰⁴.

As explained in Section 3.5 above, a permit is required for the export of artificially propagated specimens of plant species listed in Annexes A or B of the Regulation. However, nurseries that artificially propagate plants listed in Annex A, and which have been registered in accordance with the guidelines outlined in CITES Resolution Conf. 9.19 (Rev. CoP15)²⁰⁵, may obtain pre-issued export permits from the relevant Management Authority for species listed in Annexes A or B. The registration number of the nursery, as well as the following statement²⁰⁶ must be included in these pre-issued certificates:

“Permit valid only for artificially propagated plants as defined by CITES Resolution Conf. 11.11 (Rev.

CoP13). Valid only for the following taxa:…”