Legislation

All the animals must be respected as living beings.

First the animals are classified in domestic and non-domestic.

The trade of the domestic one is free. It is however subject to constraints, including sanitary

Concerning the non-domestic animals, the main objective of the legislation  is the preservation of endangered species.

Before the legal lists of  endangered species, there is a scientific classification:

IUCN Red list of Threatened Species

IUCN: International Union for Conservation of Nature

Categories:

  • EXTINCT (EX)
  • EXTINCT IN THE WILD (EW)
  • CRITICALLY ENDANGERED (CR)
  • ENDANGERED (EN)
  • VULNERABLE (VU
  • NEAR THREATENED (NT)
  • LEAST CONCERN (LC)
  • DATA DEFICIENT (DD)
  • NOT EVALUATED (NE)

Details there: http://www.iucnredlist.org/static/categories_criteria_3_1

How to know at what appendix belong an animal?

Go to this site and type the name (taxon): http://www.iucnredlist.org

International legislation

Its objectives are to:

  • control the trade of animals in order to preserve the species.
  • limit traffic and collection of wild animals in nature
  • control the trade of skins and leathers

Global level: CITES 

CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora, also known as the Washington Convention)

The Cites regules the trade of the protected animals and the plants and their products.

The protected animals are classified into three Appendix:

  • Appendix I:
    • about 1200 species,
    • species that are threatened with extinction and are or may be affected by trade.
    • Commercial trade in wild-caught specimens of these species is illegal (permitted only in exceptional licensed circumstances).
    • Captive-bred animals are considered Appendix II specimens, with concomitant requirements.
    • Any trade in these species requires export and import permits.
  • Appendix II: 
    • about 21,000 species

    • species that are not necessarily threatened with extinction, but may become so unless trade in specimens of such species is subject to strict regulation in order to avoid utilization incompatible with the survival of the species in the wild.

    • it can include species similar in appearance to species already listed in the Appendices.

    • International trade in specimens of Appendix II species may be authorized by the granting of an export permit or re-export certificate. In practice, many hundreds of thousands of Appendix II animals are traded annually. No import permit is necessary for these species under CITES, although some Parties do require import permits as part of their stricter domestic measures. A non-detriment finding and export permit are required by the exporting Party.

    • Animals listed in Appendix I that are bred in captivity for commercial purposes are treated as Appendix II.

  • Appendix III
    • about 170 species,are species that are listed after one member country has asked other CITES Parties for assistance in controlling trade in a species.
    • The species are not necessarily threatened with extinction globally.
    • In all member countries, trade in these species is only permitted with an appropriate export permit and a certificate of origin from the state of the member country who has listed the species.

How to know at what appendix belong an animal? Go to site: https://www.speciesplus.net

Site Species for CITES

European level:

Council Regulation (EC) No. 338/97 of 9 December 1996

(all langages in link)

Based on CITES, it take account of it to propose a regulation adapted to the European Union.

The animals (and plants) are classified in 5 annexes:

  • Annex A includes:
    • All CITES Appendix I species,except where EU Member States have entered a reservation
    • Some CITES Appendix II and III species, and some non-CITES species, for which the EU has adopted stricter domestic measures
  • Annex B includes:
    • All other CITES Appendix II species, except where EU Member States have entered a reservation
    • the specimens of species listed in Annex A that have been born and bred in captivity
    • Some CITES Appendix III species
    • Some non-CITES species
  • Annex C includes:
    • All other CITES Appendix III species, except where EU Member States have entered a reservation
  • Annex D includes: 
    • Some CITES Appendix III species for which the EU holds a reservation
    • Some non-CITES species in order to be consistent with other EU regulations on the protection of native species, such as the Habitats Directive and the Birds Directive.

How to know at what appendix belong an animal?

Site Species+ for EU

Species+ for EU next

Effects for the listed animals:

  • The importation in EU and exportaiton need an import or export permit, with conditions listed in the council regulation
  • the sale and the holding of specimens of the species listed in Annex A shall be prohibited.
  • the movement into te EU requires a prior official authorization for Annex A
  • Where a live specimen of a species listed in Annex B is moved within the Community, the holder of the specimen may relinquish it only after ensuring that the intended recipient is adequately informed of the accommodation, equipment and practices required to ensure the specimen will be properly cared for.

Legislation against Rabies: 

(REGULATION (EU) No 576/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 June 2013)

To move from one country to anotherof  the EU, the domestic carnivores (Dogs, cats and ferrets) must:

  • being identified by chip
  • carry a European passport
  • be properly vaccinated against rabies (Depending on the country, a derogation is possible for young animals to less than 15 weeks which cannot be vaccinated)
  • in addition, some country can add a treatment against echinococcus multilocularis, or ticks.
  • Some countries may require a quarantine

To enter the EU, in addition the animals must be checked by a rabies serology.

National level

The national legislations are intended to

  • transpose the european law for the international trade in the country
  • define what are domestic animals, for which no law of protection is necessary
  • sets of lists of animals for each of the different statutes, as well as different types of animal keepers.
  • Specifies the rights and duties for each of these categories

French legislation

Czech legislation

Estonian legislation

Latvian legislation