Species protection
Species protection legislation places entire populations of certain species under protection in order to prevent their extinction. This legislation concerns the natural stocks of plants and animals. Species protection thus makes an important contribution to maintaining biodiversity, and not least to stabilising the entire ecosystem. It must be distinguished from animal welfare legislation which protects animals as individuals, not as populations.
Overview of the legal foundations
The basis for species protection under international law is the Washington Convention of 1973, internationally known as "CITES". To date, it has been ratified by 175 states - almost all of the world’s states. Species are listed in three appendices according to the degree to which they are at risk or in need of protection.
In the EU, CITES is being implemented by Council Regulation (EC) No 338/97 "on the protection of species of wild fauna and flora by regulating trade therein" and the associated Regulation (EC) No 865/2006 "laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97". In addition, there are EC directives such as the Directive on the Conservation of Birds (RL 2009/147/EC), and the Habitats Directive (RL 92/43/EEC).
In Germany, these provisions have been specified in more detail, and implemented at the national level, in the Federal Nature Conservation Act and the Federal Ordinance on the Conservation of Species.
Which is the competent authority, and where can I acquire the necessary documents?
Customs clearance of protected animals or plants always requires submission of the relevant species protection documents.
The provisions of species protection legislation apply equally to imports and exports.
The Federal Agency for Nature Conservation (Bundesamt für Naturschutz), which is subordinate to the Federal Ministry for the Environment, Nature Conservation, Building, and Nuclear Safety, is responsible for granting import and export authorisations for protected species of animals or plants.
If your business is planning to import or export protected species of animals or plants, you must always contact the Federal Agency for Nature Conservation and apply for the appropriate CITES documents prior to custom clearance, so that the import or export authorisation is already available when the customs clearance takes place.
In this context you should also be aware that the provisions of species protection legislation apply not only to live, but also to dead, plants and animals, to parts of them, as well as to products made from or containing animal substances (sturgeon caviar, skin lotion, Asian medicinal products, and food supplements, for example).
Where can I carry out my own research?
In WISIA, the Federal Agency for Nature Conservation provides a research database where you can, in advance, find non-binding information as to whether, and if so, which, protection status an animal or a plant enjoys, and which species protection-relevant legal documents are required.
Federal Agency for Nature Conservation’s species protection database (WISIA)
Clearance of protected species
Once you have obtained the required species protection documents from the Federal Agency for Nature Conservation, you should present them to the customs office, together with the usual customs declaration.
If you intend to present live animals for clearance you must inform the relevant customs office of your intention at least 18 hours in advance, stating the species and the number of animals.
Which customs offices may conduct clearance procedures for endangered species?
Not all customs offices are competent to conduct clearance procedures for endangered species. You can find out whether your nearest customs office is authorised for such clearance by consulting the customs services directory; it lists offices that are authorised to conduct customs clearances under species protection legislation with the following note in the second column: "Clearance of animals and plants that are subject to an import or export procedure pursuant to European Community legislation (for example, Regulation (EC) No 338/97) and/or possession or marketing restrictions pursuant to the Federal Nature Conservation Act (Federal Nature Conservation Act, Section 49 Paragraph 3)".
Customs services (in German)
If you are planning to conduct an increased number of customs clearances under species protection legislation we recommend to refer to the CITES section on the homepage of the originally competent authority, the Federal Agency for Nature Conservation. In addition to the provisions of species protection legislation, animal health and/or animal or welfare legislation, and phytosanitary legislation may be of relevance.
