CITES made simple

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  • 1. CITES MADE SIMPLE:MUSEUMS Chris Auger Licensing Quality Manager UK CITES Management Authority

2. WHO IS THE UK CITES MANAGEMENT AUTHORITY?

  • Defra
    • Determines the policy i.e. how EU CITES legislation will be implemented in the UK
  • Wildlife Licensing & Registration Service of Animal Health -issues CITES licences

3. 4. THE PREAMBLE TO THE CITES CONVENTION RECOGNISES

  • Wild fauna and flora are an irreplaceable part of the natural systems of the earth which must be protected for this generation and the generations to come

5. THE INTERNATIONAL CITES CONVENTION

  • CITES was drafted as a result of a resolution adopted in 1963 at a meeting of members of IUCN (The World Conservation Union). The text of the Convention was finally agreed at a meeting of representatives of 80 countries in Washington in 1973, and on 1 July 1975 CITES entered in force. There are now 175 signatories worldwide.

6. WHAT DOES CITES CONTROL ?

  • Over 30,000 species of wild animals and plants are included on the CITES appendices
  • As well as live specimens, any parts or derivatives of listed specimens are also controlled, for example:
    • Leather products, tortoiseshell items, taxidermy items, ivory, hunting trophies, scrimshaw items, brazilian rosewood furniture and musical instruments.

7. 8. 9. 10. THE BASICS

  • Species listed under CITES are recorded within one of three Appendices globally: Appendix I (the most endangered) to Appendix III (the least endangered)
  • The EU has stricter measures and translates these 3 appendices into 4 annexes: Annex A (the most critically endangered) through to Annex D species (monitored but not actively controlled)

11. THE BASICS

  • EU implements CITES (the international Convention) through 2 EU Regulations
    • Council Regulation (in force since 1997)
    • Commission Regulation (current regulation in force since 2006)

12. WHAT YOU NEED TO KNOW ABOUT THE EU CONTROLS

  • Commercial use within the EU
    • What is commercial use?
    • Antiques derogation
    • Worked specimens
    • Which certificate?
    • How to apply
  • Imports into and exports from the EU
    • Annex A and B
    • Annex C
    • Annex D
  • Non-commercial loans (exports)

13. PROHIBITION ON COMMERCIAL USE

  • All commercial use of Annex A specimens (or their parts or derivatives) is prohibited unless the specimen is covered by an EC certificate.

14. WHAT DO EC CERTIFICATES ALLOW?

  • Purchase, offer to purchase
  • Acquisition for commercial purposes
  • Display to the public for commercial purposes
  • Use for commercial gain
  • Sale, keeping for sale
  • Offering for sale, transporting for sale

15. WHICH CERTIFICATE DO YOU NEED?

  • Article 10 certificate OR
  • Article 60 certificate

16. THE ANTIQUES DEROGATION

  • Worked specimens acquired before 1 June 1947 do not require a certificate
  • specimens can be treated as worked if
    • they are significantly altered from their raw state for jewellery, adornment, art, utility, or musical instruments, and
    • need no further carving, crafting or manufacture to effect their purpose

17. WHAT DO I HAVE TO PROVE?

  • The specimen pre-dates 1947
    • Documents of provenance
    • Receipts
    • Letters of donation
    • Photos indicating the date
  • It comes within the definition of worked
    • Much harder to define
    • There are some guidelines
    • We can advise on a case by case basis

18. WHAT IS WORKED?

  • Worked
    • Antique furniture
    • Rhino horn libation cup
    • Ivory statuette
    • Articulated skeleton Tiger skin rug
    • Mounted hunting trophy on a wall plaque
    • Broom made from elephant hair
    • Polished turtle shell, ready for wall mounting
  • Not worked
    • Uncarved elephant tusk
    • Polished tusk
    • Tigers bones in a box, previously drilled for articulation
    • Trophy removed from a wall plaque
    • Shell removed from a turtle

19. WHICH CERTIFICATE IS BEST?

  • Article 10
    • issued in the name of a trader
    • one certificate per specimen
    • Covers all commercial uses
    • costs 25
  • Article 60
    • issued in the name of a scientific institution
    • covers the commercial use (except sale) ofallAnnex A specimens held by that institution which are being used to further conservation
    • costs 177

20. WHO CAN HAVE AN ARTICLE 60?

  • Must be a scientific institution eg. zoo,museum, botanic garden
  • Must use the Annex A specimens for one or more of the following, for the purpose of conservation of the species :
    • Research or education
    • Breeding/artificial propagation

21. APPLYING FOR AN ARTICLE 60

  • Research
    • details of the research programme(s) incl. aims and objectives, methodologies, partners, published papers etc.
  • Education
    • details of the education strategy and programme(s), education material, means of displaying interpretative information etc.
    • [Further details can be found in GN12]

22. SUPPORTING EVIDENCE (A60)

  • Applications must be accompanied by evidence of the origin of all the specimens to be covered
  • As museums often do not have a complete catalogue of their specimens, they may supply evidence of all Annex A specimens on display and an indication of others held in the collection

23. WHAT IS COMMERCIALUSE?

  • No definition in the Regulations, so open to interpretation
  • Our role is to provide advice on UKMA interpretation
  • Seek independent legal advice if in doubt

24. ILLUSTRATIVE EXAMPLES: commercial element (relatively) clear

  • A permanent exhibition or display of Annex A specimens in a museum which charges an entry fee:A10/60isrequired
  • A permanent exhibition or display of Annex A specimens in a museum which is free to enter: A10/60is notrequired
  • A permanent exhibition or display of Annex A specimens in a museum which is free to enter, but which has a commercial cafeteria or shop on site: A10/60is notrequired

25. ILLUSTRATIVE EXAMPLES: commercial element unclear

  • A permanent exhibition or display of Annex A specimens in a free entry museum, with a box for donations: A10/60is notrequired as long as making a donation is completely voluntary and is not a requirement
  • A temporary exhibition or display containing Annex A specimens for which there is an entrance fee, within an otherwise free entry museum: A10/60isrequired (even if the Annex A specimens are not themselves the main attraction)

26. ILLUSTRATIVE EXAMPLES: events

  • A one-off commercial event such as a Valentine Ball, where the museum is being used merely as a venue and the display of Annex A specimens within another part of the museum is incidental: A10/60is notrequired
  • A one-off commercial event where the display of Annex A specimens is integral to the event, eg a Halloween party where the museum displays their stuffed Annex A bats specifically to attract customers: A10/60isrequired

27. ILLUSTRATIVE EXAMPLES:visitors behind the scenes

  • A museum charges visitors to view their storage area where Annex A specimens are on display: A10/60is notrequired
  • As above but where the Annex A specimens are the main focus of the display: A10/60isrequired

28. ILLUSTRATIVE EXAMPLES: images

  • Corporate filming
    • If the purpose of the filming/photography is not specifically targeted at Annex A specimens, and the museum is simply being used as a backdrop/location: A10/60is notrequired
    • If the purpose of the filming/photography is specifically focussed on an Annex A specimen (or its display): A10/60isrequired
  • Sale of postcards of an Annex A specimen, or use of a poster of an Annex A specimen to attract visitors to the museum: A10/60is notrequired

29. IS MY ORGANISATION COVERED?

  • Q : Does an A10/60 certificate issued to a lead organisation also cover its subsidiaries?
  • A : It depends on the legal situation, and who owns the specimen
  • if A,B and C are separate legal entities which are loosely associated they all need their own A10/60
  • If B and C are part of A, and A owns all the collections displayed by B and C, then As certificate covers use of the specimens by B and C

30. HOW CAN I CHECK IF MY INSTITUTION IS COVERED?

  • We cant publish a list of Article 60 holders due to this information being commercial in confidence
  • Contact us to check whether you (or your lead organisation) have been issued with an Article 60 (or Article 30) certificate

31. IMPORTING AND EXPORTING

  • Annex A and B specimens require import and export permits from country of origin and destination
  • Annex C and D specimens coming into the EU require you to complete an import notification (for C-listed specimens you will also need an export permit or certificate of origin from the country of origin)

32. NON-COMMERCIAL LOANS BY SCIENTIFIC INSTITUTIONS

  • Registered scientific institutions may use labels provided by the UK Management Authority instead of export permits, for:
    • Herbarium specimens
    • Preserved, dried and embedded specimens (eg miscroscope slides, specimens preserved in alcohol, taxidermy specimens, preserved skins)
    • Frozen tissue samples
    • Animal DNA derived from preserved, dried or embedded museum specimens

33. NON-COMMERCIAL LOANS (contd)

  • Only for the transfer of specimens betweenregisteredinstitutions
  • Label must be completed and the top part attached to the container; bottom part returned to UKMA
  • Annual report must be sent to UKMA by 31 December each year
  • [Further details can be found in GN16]

34. 35. THE MUSEUM SECTOR vs TOTAL APPLICATIONS 42,733 4,815 1,873 21,681 14,357 1,194 142 68 339 645 TOTAL RE-EXP EXPORT IMPORT EC CERT 36. CONTACT US

  • 0117 372 8774
  • [email_address]
  • www.defra.gov.uk/animalhealth/cites
  • 1/17 Temple Quay House 2 The Square Temple Quay Bristol BS1 6EB