CYIL Vol. 5, 2014

CITES AT THE BEGINNING OF ITS FIFTH DECADE… applying to Appendix I species is to minimize the volume of transboundary transactions having for their object specimens of these species. 15 The control of international trade complements in this case other conservation measures, mainly the in situ ones that should ensure a strict protection of the concerned species in their natural habitats. As important as it is, the control of international trade in specimens of species threatened with extinction represents nevertheless only one part of the CITES agenda, and indeed the smaller one. Most CITES-listed species do not appear in Appendix I but in Appendix II, 16 which includes “all species which although not necessarily now threatened with extinction may become so unless trade in specimens of such species is subject to strict regulation in order to avoid utilization incompatible with their survival”. 17 The commercial nature of the intended use of the specimen has little or no relevance (specimens of Appendix II species may and generally are used for commercial purposes); the main criterion is the impact of the trade on the population status of the species. Contrary to Appendix I species, the trade in specimens of Appendix II species does not need to be justified by exceptional circumstances; it can be authorised in each case when the relevant scientific authority acknowledges that it will not be detrimental to the survival of the species. The difference in purpose of Appendix I and Appendix II regimes is crucial: whilst the first one seeks to complement the strict protection of species endangered by extinction by a general ban of transboundary transactions, the second wants to contribute to sustainable use of species that are not endangered. Given the difference in the numbers of species listed in the two Appendices, the title of the CITES seems a little inappropriate. 18 import of specimens of Appendix-I species should not be permitted. The burden of proof for showing that the intended use of specimens of Appendix-I species is clearly non-commercial shall rest with the person or entity seeking to import such specimens.” 15 Two exceptions to the Appendix I regime are worth noting. First, the specimens of Appendix I species that are bred in captivity for commercial purposes (animals) or artificially propagated for commercial purposes (plants) are deemed to be specimens of species included in Appendix II (CITES, art. VII para. 4), and second, the trade control measures do not apply to non-commercial loans, donations or exchange between scientists and scientific institutions, registered by a management authority of their State, of herbarium and museum specimens and of live plant material which carry a label issued or approved by a management authority ( ibid. , art. VII para. 6). 16 As of October 2013, the number of species listed in Appendix II was 34 419 (plus 11 subspecies). See CITES. The CITES species , n. 11. 17 CITES, art. II para. 2 (a). Sub-paragraph (b) adds another category of species to be included in Appendix II: those “ which must be subject to regulation in order that trade in specimens of certain species referred to in sub-paragraph (a) of this paragraph may be brought under effective control”. Annex 2b of Resolution Conf. 9.24 (Rev. CoP16), entitled Criteria for amendment of Appendices I and II , specifies and in fact broadens the second criterion. It provides that species may be included in Appendix II in accordance with article II paragraph 2(b) of the convention either because “specimens of the species in the form in which they are traded resemble specimens of a species included in Appendix II … or in Appendix I, so that enforcement officers … are unlikely to be able to distinguish between them” , or because “there are [other] compelling reasons … to ensure that effective control of trade in currently listed species is achieved” . 18 It should be completed that CITES includes one more appendix (Appendix III) that includes “all species

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