Laws still needed on endangered species trafficking, by Grazyna Krzywkowska Convention on species trading slow to gain adoption Photo: REC GRANTS ARCHIVES SHOW BUSINESS: The popularity of "dancing bears" as a circus sideshow attraction fuels a brisk, illegal trade of the animals throughout South Eastern Europe. It's been 30 years since the signing of the Convention on International Trade of Endangered Species (CITES). Parties to the convention in South Eastern Europe (SEE)include Bulgaria, Croatia, FYR Macedonia, Romania and Serbia and Montenegro. However, these countries do not always provide an adequate legal framework to regulate the trading of species included on the CITES list. Croatia and Serbia and Montenegro are both still elaborating the laws needed to put CITES in force. Moreover, in South Eastern Europe — as is the case in Poland — much work lies ahead in raising public awareness about laws and why they are important for the protection of endangered species. In Bulgaria two specific acts — one dealing with foreign trade of endangered species, the other about nature protection — along with the Biodiversity Law of 2002, serve as the implementing laws for CITES. Since 2001 a permitting procedure has been in force at the environmental ministry, one that works hand-in-hand with the Bulgarian Academy of Science and customs authorities. The Biodiversity Law also regulates customs supervision and control and registration of CITES species. Article 127 of the law provides for fines against violators. In Croatia, the Law on Nature Protection forbids the unauthorised trading, exporting or importing of endangered Croatian species. Permits for these activities may be obtained, although no regulations have been adopted to govern the process. An enforcement system for CITES is also lacking. In 2000, FYR Macedonia's Ministry of Environment appointed an authority to issue permits and designated scientific institutions to provide official opinions on the international trade of endangered fauna and flora. The decision provided a procedure for exporting, re-exporting and importing CITES species. The ministry has retained the authority to prohibit trade in specific species. The ministry can impose penalties for the domestic or international trading of protected species without a permit. But these penalties may be imposed only on legal entities, not individuals. In Romania, Ministerial Order No 647 of 2001 implemented CITES. It regulates the acquisition and domestic and international trade of wild fauna and flora. Romanian law strictly regulates the cultivation, seizure, acquisition and trading of CITES species and some others not on the list. Violators are subject to penalties ranging from administrative fines to imprisonment. In Romania as in other CITES countries, the ministry of environment looks after the permitting procedure but customs authorities also play an important role in applying CITES legislation. In Serbia and Montenegro, the permitting procedure is enforced under the Law on Basic Issues of Environmental Protection of 1994, Article 24. The Law on Foreign Trade of 1992, as amended, states that the export of protected, mobile natural resources requires a permit. The import, export or transit of wild flora and fauna needs a permit from the environmental ministry. As elsewhere in South Eastern Europe, those applying for a permit must obtain a supporting opinion from eitther the Institute for Biological Research, Belgrade, or the Institute for Marine Biology, Kotor, Montenegro. Regulations on export, import and transit of endangered and protected wild flora and fauna are in the drafting stage as is a list of protected species. Poland is getting in step with CITES by training its customs officers and conducting public awareness campaigns. Though Poland ratified CITES 12 year ago, the permitting procedure for trade in endangered species has been in force only since May 1, 2002. The import or export of CITES-protected species is forbidden without a permit. Moreover, the law states that CITES species brought into Poland must be registered by November 1, 2003. Unfortunately, some citizens who own CITES species will have difficulty complying with the registration law. Those who imported species before the passage of Article 27 of Nature Protection Law of 1991 won ¡¯t be able to produce the necessary import permits or certificates stating that the creatures were born in captivity. An even bigger hindrance may be that few people are aware of the registration requirement. — Grazyna Krzywkowska is a lawyer working for the REC's Environmental Policy Programme

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