The fascination for rare exotic animal species and, thus, the corresponding demand on the international market has increased significantly in recent years. As a result, the trade of these unusual species offers a lucrative business. However, the trade and the keeping of animals are still subject to rigorous legal requirements, which must be adhered to protect the animals.
Many endangered species are protected by the Washington Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This treaty regulates the import and export of certain rare, endangered or threatened animal species under a permit requirement or even prohibits them completely.
If the trade of endangered species is carried out contrary to the regulations, it is generally considered illegal. A violation of the Convention on International Trade in Endangered Species carries a fine of up to €50,000 or even imprisonment. The Federal Animal Protection Act regulates penalties and offences against animal protection in Germany. In addition, each federal state in Germany has its own animal and species protection laws.
The German law firm Schlun & Elseven Rechtsanwälte offers expert and committed legal assistance to provide our clients with clarity. Our lawyers are well-versed in all the relevant areas of law that this multi-faceted issue encompasses. Whether you need support and advice for the acquisition or trade of exotic animals or reliable criminal law representation in the event of an allegation of a violation of species protection laws – our lawyers are at your side with their expertise and many years of experience.
Laws and Agreements on Species Protection at International and National Level
Numerous agreements, conventions and guidelines exist at both global and European levels to ensure adequate species protection. In this context, the Washington Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) of 1973 should be mentioned, to which the Federal Republic of Germany acceded as early as 1976. Even though CITES, as a multinational agreement, does not interfere with the sovereignty of the signatory states, its implementation is ensured at least at EU level by the EU Species Protection Regulation (EC) No. 338/97.
At the national level, various laws deal with biodiversity protection (within the nature conservation framework). The most prominent example in Germany is probably the Federal Nature Conservation Act (Bundesnaturschutzgesetz, BNatSchG), which categorises threatened animal species into two levels of protection – specially protected and strictly protected species, § 44 para. 1 BNatSchG. The former fall under access prohibition. Accordingly, capturing, injuring or killing the animals concerned or taking their development forms from nature to damage or destroy them is strictly prohibited, § 44 para. 1 no. 1 BNatSchG. This protection naturally also extends to strictly protected animal species.
Furthermore, they may not be significantly disturbed during the breeding, rearing, moulting, hibernation and migration periods, § 44 para. 1 no. 2. A significant disturbance is deemed to exist if it leads to a deterioration in the conservation status of the local population. Which animal species fall under the category of specially and strictly protected species is defined in § 7 para. 2 nos. 13 and 14 BNatSchG, which refer to the Annexes of Directive 92/43/EEC, among others.
Species protection is a very sensitive topic worldwide, so the legal situation is very complex. For example, if you are accused of violating the CITES, the (inter)national legal requirements must always be considered. Should you find yourself in a corresponding situation relevant to German criminal law, our experienced team will be at your side reliably and competently to offer you comprehensive legal advice (in German and English).
The Washington Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
The Washington Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was signed in 1873 and is a convention on international trade in endangered species of wild animals and plants to protect against overexploitation. CITES protects more than 37,000 species of animals and plants, regardless of their nature. Both trade in live animals and animal products are protected.
On 3 March 1997, EU Regulation No. 338/97 made the Washington Convention binding within the European Union. The Federal Agency for Nature Conservation is the German enforcement authority for implementing CITES in Germany.
The main objective and principle of CITES is the precautionary principle. Trade in specimens or products of a species may only take place if it is not detrimental to the conservation of the species. Trade only means trade between different states (i.e., especially exports and imports), but not trade within a state. CITES stipulates staggered import and export licensing obligations. These obligations are generally based on the degree of endangerment of the species. The greater the degree of endangerment, the stricter the trade restrictions.
For species already threatened with extinction, trade is generally prohibited altogether. The Appendix I of CITES contains which species are threatened with extinction.
There are only a few exceptions and strict conditions under which trade in species listed in Appendix I is permitted by exception. For example, this would be the case if no economic purposes are pursued, but the interest is purely scientific or if the specimens originate from artificial propagation. However, these verifications are subject to the strictest scrutiny and are rarely approved.
Most species covered by the Convention are not yet threatened with extinction but are potentially threatened by trade. This listing can be found in Appendix II of the Convention. For these species, the Convention allows trade provided it is sustainable. An export permit for specimens of these animals and plants may only be granted by the exporting state if the taking of the specimens in question is not detrimental to the conservation of the species.
Finally, Appendix III lists species whose exports the states in which these species occur wish to control better and need the support of the other contracting states to do so.
Requirements for the Legal Trade in Endangered Species in Germany
It is essential first to obtain information on the status of the endangered species to engage in legal trade in endangered species. If the species is already threatened with extinction, trade is generally illegal unless non-economic interests are in the foreground, and these can be proven. If trade in the species is permitted under the CITES Convention, an application must be submitted to the competent nature conservation authority before import or export. A distinction must be made between a so-called EC certificate and the CITES documents.
An EC certificate is a marketing certificate based on European law on species protection. The application for an EC certificate must be submitted to the competent authority. The competent authority may vary depending on the federal state. CITES papers, on the other hand, only certify the legal acquisition of the animal. CITES documents and EC certificates are usually only required for Appendix I-listed species. Appendix II species rarely require CITES documents, but their keeping must be declared.
These applications aim to prove what is happening with the animals. If, for example, the animals are to be sold or bred, the application must be accompanied by appropriate documents confirming the information provided. These can be, for example, pedigrees or breeding certificates. The concrete requirements depend on the respective legal situation of the country for which the permit is applied. Here, the legal national differences regarding the identification obligation must be considered.
Schlun & Elseven: Expert Legal Advice and Criminal Defense in Germany
Our team of German criminal lawyers will be happy to answer any questions you may have on the criminal liability of trading in endangered species. Our experienced legal experts also advise you purely preventatively – if you are considering acquiring or trading in rare and specially protected species. If you have been confronted with an allegation of a violation of applicable law or are already in a criminally relevant situation, our team of experts will reliably and competently assist you. The sooner you contact an experienced criminal defense lawyer, the better the chances of your criminal defense. We are available to our clients internationally to protect their rights and interests.
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