CITES implementation in the Latvia.

Gunta GabrāneIlona Vilne

CITES MA Latvia

CITES history in Latvia

• Convention on International Trade in Endangered Species of Wild Fauna and Flora law in force since 12.05.1997.

• Cabinet of Ministers Regulation No.133 ''An order by which the international trade of endangered species of wild fauna and flora is secured'' (adopted on 6 April 1999 and in force from 9 April 1999)

• EU Wildlife trade regulations are directly applicable starting from 2004.

CITES history in Latvia

• CITES MA

• From 1999-2002 - Ministry of Environment (Mr. Vilnis Bernards)

• Since 2003. – Nature Conservation Agency (Nature Protection Board)

• CITES SA

• Since 09.04.1999. University of Latvia Faculty of Biology• Since 09.04.1999. University of Latvia Institute of Biology• Since 07.04.2004. Natural History Museum of Latvia

CITES Institutions

• Inland control: Till 2010 - State Environmental Service and

Police; Since July of 2010 – Nature Conservation

Agency and Police

• Border control: State Revenue service - Custom officials

Nature Conservation Agency and CITES

Nature Surveilance and Education Department - CITES issues (2 officials)The main functions:• To fulfil functions of Management Authority of Convention on International Trade

in Endangered species of wild Fauna and Flora (CITES) including issuing of CITES permits, public avareness campaigns and consulatation

• To control internal trade• To cooperate with and to organise training semminars for customs, police and

environmental inspectors• To work with regulations developement • To issue (and cancel) permits for reintroduction (non-game species) in to wild life

of Latvia • To issue (and cancel) permits for obtaining of non-game species • To issue permits for CITES animal keeping • The zoo licensing and supervising• To consult work of state environmental inspectors in the regional administrations

on different issues (permits, nature surveilance, complicate cases etc.) and review of decissions of state environmental inspectors.

• Educational work

National CITES legislation I• Latvia implements CITES by EU regulations and national

legislation. There are several legislative acts related to CITES provisions that are stricter than EU obligations.

• The Cabinet of Ministers Regulations No.1139 “Order on Storage, Registration, Keeping in Captivity, Labeling and Trade of the Endangered Species of Wild Fauna and Flora by International Trade and Order on Issuing Certificates”

– Regulations prescribe • order on storage, registration, keeping in captivity, labeling and trade of the

endangered species of wild fauna and flora by international trade and order on issuing certificates;

• order on licensing caviar processing and (re-)packaging plants; • order on licensing breeders of Annex A animals and plants of Council

Regulation (EK) Nr.338/97.

• Regulation states what can be the document that proves the origin (lawful acquisition) of each animal. The scientific name of animal must be shown on a document that proves the origin (lawful acquisition) of each animal.

National CITES legislation II

• The Cabinet of Ministers Regulations No.133 “On Order by which the International Trade of Endangered Species of Wild Fauna and Flora is Secured”

– Article 2 and 3 states MA and SA and their duties– Article 13: If there is fixed the violence of regulation in respect to endangered fauna

and flora species, as well as confiscation of endangered wild species is done, competent institutions immediately inform Management Authority.

– Article 14: Management Authority takes the decision about confiscated specimen use.

– Article 15 and 16 states where to keep live confiscated or seized specimens

• The Cabinet of Ministers Regulations No.1019 “On Amount of State Tax of Permits and Certificates defined by Washington Convention of 1973 on International Trade with Endangered Species of Wild Fauna and Flora, Terms of Payment and Payment Facilities”

– Amount of state taxa for permit issuing: code - P, H, L, Z – no taxa, code T – 11,38 Eur, code Q – 8,54 Eur; other purposes – 4,27 Eur.

– The Cabinet of Ministers Regulations No.260 “On Amount of State Tax of Registration of the Endangered Species of Wild Fauna and Flora by International Trade”

• State taxa for registration of one specimen – 9,96 Eur

National CITES legislation III– Animal Protection Law Article 31: It is prohibited to buy, keep in captivity, hold or dispose for

sale or exchange, as well as offered for sale such animals:• wild species of Order Carnivore;• animals of order Primates;• marine mammals;• animals of order Crocodilia;• snakes;

These animals can be kept in captivity only in zoos and registered places for wild animal keeping.

Article 24.3.: It is prohibited to carry out experiments with animals listed on Appendixes of CITES or EC No.338/97, except situations when purpose of the experiment is conservation of respective species or there are no other species that can be used for concrete experiment of biomedicine

Article 33: Wild animal owners shall be required to have a document, as set out in regulatory enactments, regarding the origin (lawful acquisition) of each animal

National CITES legislation IV

– Law on the Conservation of Species and Habitats Article 21: Specimen (Individual) shall mean any live animal, as well as dead animal,

plant, lichen, or the part of it, as well as derivate which appear from an accompanying document, the packaging or a mark or label indicating that it contains a plant, lichen, or dead animal parts.

Law regulates the issues connected with endangered species, habitats, and international trade of endangered specimens of wild fauna and flora. Tis Law is main base for CITES related rules.

– Hunting Law Article 11.: Non-game wild animals may be obtained, hunted or kept in captivity, if for

each time a permit has been received from the Nature Conservation Agency.

– Environmental protection Law The law states the rights and duties of state environmental inspector

National CITES legislation V• The Cabinet of Ministers Regulations No.507 “Statutes of Nature

Conservation Agency” – Nature Conservation Agency has the function to carry out Management Authority

functions in accordance with the legislation of international trade on endangered species of wild fauna and flora. Nature Conservation Agency controls trade of endangered specimens of wild fauna and flora.

Latvian Administrative Violation Code: CITES violations – for individuals - from EUR 70- 700, with confiscation, for legal

persons – from EUR 140 - 1400, with confiscationCustom violations – individuals – from EUR 70 up to EUR 350 with confiscation, for

legal persons from EUR 700 up to EUR 7000, with the confiscation

Criminal LawViolating of CITES - deprivation of liberty for a term not exceeding two years

or detention, or community service, or a fine not exceeding one hundred times the minimum monthly wage.

CITES and Latvia – future challenges V

• EU is one of the largest and most diverse markets for wildlife products. EU is one of the largest and most diverse markets for wildlife products. • Latvian challenges:

• Latvia - eastern border of EU;eastern border of EU;• free movement of goods between EU member states;free movement of goods between EU member states;• different national legislation and provisions. different national legislation and provisions.

• Although EU member states implement CITES by wildlife trade regulations, there can be differences how each country interpret these regulations.

• Many member states – many views and problems, but simultaneously larger experience and more ways how to solve problems.

• EU member state national problems are not problems of Latvia and vice versa.

Customs control• In June 2013 at Russian – Latvian border 22 skins were

from Lynx lynx (II A). Since the importer could not present CITES permits all skins of Lynx lynx were confiscated.

Customs control

• In Augusts 2013 at Belarusian – Latvian border cargo with cosmetic products (3419 units) that according to accompanying documents contained black caviar extract

Internal control

• More frequenty seasures – snakes

• 2012 – 4 live snakes (2 cour cases)

• 2013 – 2 live snakes , 2 bear skins

Thank you for your attention