Decree No. 2020-455 Of 23 7. 2020

Original Language Title: Décret N° 2020-455 du 23 sept. 2020

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AECK/WG


REPUBLIC OF BÉNIN Fraternité Justice-Ïravail


PRESIDENCY OF THE REPUBLIC


ORDER N " 2O2O-455 DU 23 SEPTEIV] BRE 2O2O transmission to the National Assembly of the project


Act to protect and rules on international trade in endangered species of wild fauna and flora in the Republic of Benin.


THE PRESIDENT OF THE REPUBLIC,


HEAD OF STATE,


HEAD OF GOVERNMENT,


Having regard to the Law No. 90-32 of 11 December 1990 on the Constitution of the Republic of Benin, as amended by Law n " 2019-40 of November 07, 2019;


Having regard to Law No. 93-009 of 02 July 1993 on the Regime of Forests in the Republic of Benin;


Having regard to the Act 2002-16 of 1B October 2004 on the regime of fauna in the Republic of Benin;


' vu


Iar Law n " 2O2O-18 of 03 July 2020 on the special status of the officials of Waters, Forests and Hunting;


The decision by the Constitutional Court to declare on 30 March 2016 the final results of the presidential election of 20 March 2016;


Decree No. 2019-396 of 05 September 2019 on the composition of the Government;


Decree n " 2019-430 of 02 October 2019 establishing Ia structurretype of ministries;


Decree No. 2O2O-079 of 19 February 2020 on the powers, organisation and operation of the Ministry of Justice and Legislation;


Decree n " 2019-547 of 11 December 2019 concerning the powers, organisation and operation of the Ministry of the Living Environment and Sustainable Development;


Minister's proposal for the Living and Sustainable Development Framework,


Council of Ministers heard at its meeting on 23 September 2020 '


Vu


Vu


Vu


Vu


On


The


DEADED


The Draft Law on Protection and Rules on International Trade in


Endangered species of wild fauna and flora in the Republic of Benin


Whose text is attached, will be submitted to the National Assembly for consideration and


Adoption by the Minister of Justice and the Minister of Justice and the Minister of Justice


Minister of the Living and Sustainable Development Framework who are individually or


Jointly responsible for setting out the reasons and supporting the discussion.





Mr President of the National Assembly,


Ladies and gentlemen,


/{.


EXPOSE REASONS


The Convention on International Trade in Endangered Species of Wild Fauna and Flora was adopted at washington on 3 March 1g73 and amended in Bonn on 22 June 1979. Its purpose is to ensure that international trade in specimens of wild animals and plants does not threaten the survival of the species to which they belong.


The Convention on International Trade in Endangered Species of Wild Fauna and Flora is legally binding, in other words, the Parties are required to apply it. However, it does not act as a national law, but rather a framework for adopting legislation to ensure compliance with Ia Convention at the national level.


Having ratified the Convention on 28 May 1984, Benin has an obligation to transpose the provisions of the Convention on International Trade of Endangered Species of Wild Fauna and Flora into its domestic legal order. Indeed, to date, Benin does not yet have a national law d, appllcation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, even if certain requirements of the Convention are Taken into account in the laws and regulations dealing with fauna and flora. The analysis of these regulatory and regisrative texts to r, a claim to the Convention on International Trade in Endangered Species of Wild Fauna and Flora in Benin noted that all four fundamental criteria for An effective application of Ia Convention on International Trade in Endangered Species of Wild Fauna and Flora d, extinction is not taken into account and Benin has been classified as Category 2, i.e. the category of countries Legislation does not meet all the criteria for applying the Convention. These are the provisions relating to:


-the designation of the management, control and scientific authorities of the SEED, including the designation of regare, capacity and skills, rerations with other services;


-the prohibition of trade in violation of the Convention: cover of all species crrEs and provisions allowing |regular amendment of the risk of species; cover of all specimens and of all types of trade; plan for the Permits/certificates,


-the definition of offences and their sanctions in the case of illegal trade: clear offences, appropriate and appropriate sanctions; and,


2


-the management of the confiscation of illegally possessed or marketed specimens.


National Laws for the Implementation of the Convention on International Trade


Endangered species of wild fauna and flora are essential


To ensure that trade in protected species is legal, sustainable and traceable.


Legislation allows national authorities to act, regulate behaviour


People with regard to wildlife species of fauna and flora and to formulate


Conservation and trade policies for wildlife.


It is only through adequate national legislation, constantly updated, and


Applied in an effective manner, both within and within the country,


Convention on International Trade in Wild Fauna and Flora


Threatened with extinction can really work. Arrange a National CITES Act


Is also a necessary condition for ensuring that Benin complies.


The provisions of the Convention.


Ielle is, Mr President of the National Assembly, the ladies and gentlemen, the substance of this bill that we have the honour to submit


To the assessment of your august Assembly for consideration and adoption.


Done at Cotonou, 23 September 2020


Patrice TALON


The Garde des Sceaux, Minister of Justice and Legislation,


-4J "-{, * L


Minister of the Framework of Life e Development Dura


Séverin Maxime José TONATO


PR 6 _ AN 1OO _ CC 2 _ CS 2 _ THESE 2 _ HAAC 2 _ HCJ 2. MCVDD 2-MJL 2-OTHER I \,lINISIERES 22


4


By the President of the Republic, Head of State, Head of Government,


AECKWG


REPUBLIC OF BÉNIN fraternity lustice ' Labour


NATIONAL ASSEMBLY


The National Assembly deliberated and adopted at its meeting of the


The content follows:


, the law


TITLE 1: GENERAL PROVISIONS


CHAPTER I: DEFINITIONS, OBJECT AND APPLIGATION FIELD


Article 1


For the purposes of this Law:


Scientific authority: any administrative structure specially competent for


To provide scientific and technical advice on species protected by the


Present law;


Species of first category: threatened species of extinction which are or


Could be affected by international trade in specimens;


Second category species:


A. Species which, although not necessarily threatened with extinction, may become endangered in the absence of protective measures


International trade, with the aim of avoiding incompatible exploitation


With their survival:


B. Species subject to protective measures to make effective control of international trade and the conservation of specimens


Species referred to in (a) above;


Species of third category: species subject to protective measures


The purpose of which is to prevent or restrict the operation of the


4


ACT 2020-Protecting and Rules on International Trade in Wildlife Species


Threatened with extinction in the Republic of Benin.


Cooperation of the other signatory states to be responsible for the control of international trade;


Certificate: administrative authorisation issued by any State for the various types of trade in specimens of species protected by this Law;


Certificate of origin: certificate of origin by |competent administrative authority accompanying specimens of species of third category and any other species not protected by this Law,


Certificate of capacity: administrative attestation acknowledging |ability of the holder to raise, sell, roll, transit or present live specimens of wild species of local or foreign fauna to the public;


Certificate of ownership: administrative authorization that confers on a party the right to hold or possess in title specimens protected by this Act;


A conservation centre: a regareal organization to provide appropriate care for specimens of live species, in particular those that have been confiscated;


Convention on International Trade in Endangered Species of Wild Fauna and Flora d, Extinction;


International trade: any export, re-export, import or any introduction from the sea, of specimens belonging to the animal or plant species protected by this Law;


Control for re-entry, export, re-export and transit: verification of permits or certificates, including the rexamen of specimens;


Raised in captivity: the situation of an offspring of the eggs, including offspring born or otherwise produced in controlled mirieu, or of parents who give birth or otherwise transmit gametes to a controlled mirieu, in the case of Sexual reproduction, or living parents in controlled environments early in the development of Ia progeny, in the case of asexual reproduction;


Ranch raised: status of a species raised in the wild and raised in the middle


2


4


Controlled;


Species: individual animal or plant, their subspecies or any of their population


Geographically isolated;


Wild fauna: all non-domesticated animal species living in


Freedom in their natural environment or in captivity;


Commercial purposes: all purposes whose commercial aspects are clearly predominant;


Wild flora: all plant species growing in a natural environment


Or controlled;


Introduction from the sea: direct introduction ' on the territory


Of any specimen taken from the marine environment that is not under the


Jurisdiction of a State, including the airspace above the sea and the funds


Marine and seafloor soils;


Controlled environment: medium manipulated by I ', man to produce a species


Selected and that has physical barriers that prevent animals,


Plants, eggs or gametes of the selected species are introduced


Or out of it;


Put on sale: any action consisting of placing on the market a species or


Specimen, including transactions assimilated to the sale, direct advertising, or


Indirect for sale and invitation to make offers;


Objectspersonusagedomestic: specimenquiestrelaxed


Personal title, for non-commercial purposes and acquired legally at the time of


L, import, export or re-export. It is worn, transported or included


In personal baggage or is part of a move;


CITES management body: administrative authority responsible for enforcement


Of this Act and of CITES;


Peasant: countriesoútsureteemporteredecteemporate


Before being introduced into the national territory,


3 .4f


Country of origin: the country in which the specimen was introduced from the sea, caught or collected in its natural environment or bred in captivity or artificially propagated;


Permit: administrative authorization to export or import specimens of first or second class species or to export specimens of third class species;


Plant forest products: wood, resins, gums, flowers, fruits, leaves, bark, roots, herbs and all other products of wild plant origin;


Export quota: maximum number of specimens or part of a specimen belonging to a species that can be exported over a period of one year;


Artificially propagated: the condition of any living plant derived from seeds, cuttings, divisions, callus tissue or other plant tissue, spores or other propagules under controlled conditions.


Specimen: any animar or prante, either alive or dead belonging to the species covered by this Law, or any part or product obtained from them, incorporated or not incorporated into other goods and any other goods In the case where it appears from a supporting document, from |embailment or d, a mark, or label or any other, whether it is parts or products of animals or plants of those species;


Wild specimen: specimen of wild origin or produrt in a controlled environment that is not bred in captivity;


Operation assimirée à ra vente: troc, rocation ou tous échanges anarogues à ra vente.


Article 2


The purpose of this king is to establish the rules for the protection and international trade of specimens of species of wild fauna and flora threatened with extinction in the Republic of Benin.


4


-4


Article 3


The provisions of this king shall apply to the detention, export, re-export, import, introduction from Ia mer, transport, transit and transhipment of specimens of species of fauna and flora Wild first, second and third categories.


CHAPTTER lt: TNSTTTUTIONAL FRAMEWORK


Article 4


The protection and control of international trade in specimens of species of wild fauna and flora protected by this Law shall be provided by the administration in charge of Waters, Forests and Hunting. It is the management body under CITES.


Article 5


The scientific authority responsible for issuing opinions under its competence under the SrES shall be set up by decree of the Council of Ministers. It is independent of the management body with which it works.


Article 6


The Water, Forestry and Hunting Authority is responsible for:


Issuing licences and certificates provided for in this Act;


Cooperate aÿec other competent authorities to ensure protection


Specimens of species of wild fauna and flora protected by this Law;


Propose any updating of the list of specimens of species protected by this Law;


Set quotas for the export of specimens of species of first and second categories for commercial purposes following the assent of the scientific authority;


A


B


D


E


F


5


*


Keep international trade records of species specimens and prepare reports under CITES;


Propose to the Minister responsible for Water, Forests and Hunting any action to ensure the implementation of CITES;


Authorise the establishment of the conservation centres for specimens of live species after advisory opinions of the scientific authority;


H report on its activities to the guardianship ministry and the secretariat of the


CIITES


Article 7


The Administration of Water, Forests and Hunting works with the structures


Competent, including security and defence forces, communities


Local ministries, sectoral ministries, non-governmental organisations involved in the management of fauna and flora.


Rule 8


The Scientific Authority is responsible for:


A. Issuing opinions on the issue of export permits or certificates of introduction from the sea for specimens of species of


First and second category, indicating whether these transactions would be detrimental to


Or not to the survival of the species concerned;


Issuing notices on the issuance of permits for the importation of specimens of first class species, indicating whether the objectives of


Import would or would not affect the survival of these species;


Issue an opinion on the issuance of any other certificate under the


This Law, of the jurisdiction of the Administration in charge of Waters,


Forests and Hunting;


Advise the Administration of Waters, Forests and Hunting on the final destination of specimens of live species seized or confiscated and on all


S


B


C


6


-f


D. Monitor on an ongoing and appropriate basis the status of second category species and export data


And if necessary, recommend corrective action to be taken to limit


Export of species specimens in order to conserve each species, throughout its range at a level that is both consistent with


Its role in ecosystems and well beyond what it would entail


Membership in the first category;


E.


Which it considers relevant in the sphere of protection of


Species of wild fauna and flora


Rule 9


Scientific authority collaborates and cooperates with scientific institutions


National and international sectors, sectoral ministries, relevant structures and


Non-governmental organizations involved in wildlife management and


Of flora.


CHAPTER I: ACTIVITIES SUBJECT TO AUTHORISATIoN


Rule 10


Laproduction, lading, l, commercial, laventeetla


Fabricationoffeedstocks, species, species, species


Dispositionsdelapreseloi, sontsubsequencetol, preclearance of authoritiesparl, AdministrationenchargedesWater, FortasetChasse


After advice of the scientific authority '


Lesmodalityd, obtentiondecespermitsettsyrelativesare


Fixed by order of the Minister responsible for Forestry and Hunting


Rule 11


Any purchaser or holder of a live specimen


D, specifiedspecifiespresentemeruncertificatdepropertyby


The Administration in charge of Water, Forests and Hunting


The certificate of ownership is nominative and bears the characteristics of the


Specimend, specifiedentlyTransmissingtikedecessionoudeready.


7, ï


TITLE ll: PROVISIONS COMMON TO THE DELIVER OF


AUTHORITIES AND ADMINISTRATIVE CERTIFICATIONS; AND


TO SAFEGUARD MEASURES


Rule 12


No specimen of species raised in |any of the categories set out in this Act may be held for commercial purposes, imported, exported, re-exported or introduced from the sea, without a permit or d, a certificate.


Rule 13


Any permit or certificate shall be verified at the time of presentation at the border post of impoftation, export, re-export or d, introduction from the sea.


The documentary control can be followed by an inspection of |expedition by any means, including the examination of specimens, sl necessary, and the sampling for analysis.


Rule 14


Certificates and permits issued in accordance with, inter alia:


A. Certificate of origin;


B. Certificate of capacity;


C. Ownership certificate;


D. Re-export certificate;


E. Certificate of introduction from the sea;


F. Import permit;


G. Re-export permit;


H. Export permit.


This Law shall be


Rule 15


The models for the application for the derivation of certificates and permits, the procedures for the derivation of the order and the conditions of the use are fixed by an order of the minister responsible for water, forestry and hunting.


8


4


CHAPTER ll: PERMTS AND CERTTFTCATS


GHAPITRE lll: TRANSPoRT, clRCULATloN, TRANSIT AND TRANSACTION


SPECTAMENS OF WILDLIFE SPECIES AND WILD FLORA


Rule 17


Specimen d, species living, transported, in transit or transshipped east


Conditioned so as to avoid any ill treatment, any risk of injury and


Diseases in accordance with CITES guidelines or, in the case of transport


International Air Transport Regulation


Rule 18


It shall be issued for each consignment of specimens of species transported together and forming part of a single shipment, an import permit or


An export certificate, a re-export certificate, an originating certificate


Of the sea, a cerlificate of origin or a re-export permit, as the case may be.


CFIAPI.RE] V: RELIZATION OF PRACTICE STUDIES


L. ELEVAGEENCAPTIVITEoULAREPRoDUcTIoNARTIFICIELLEADESF | NS


Rule 19


For I ', captive breeding of animals and Ia artificial reproduction of the


Plants, lapopulationparentaleutiliseestandelineveynepas


Jeopardize the survival of the species in the wild and managed to ensure the


Long-term maintenance of this parental population '


Rule 20


Estsoumiseàl, registrationdel, AdministrationdesWaters, Forests


And Chasse:


Any person who is of high wild origin


Wishing to reproduce animals


Or plants of wild or moral origin


In captivity


9 .q


Rule 16


No specimen of first, second or third species


Export category, cannot be transported to the interior of the territory


And without a transportation permit.


Artificially propagated for commercial purposes of any species subject to the provisions of this Act;


Any natural or legal person wishing to trade in captive bred animals or artificially propagated plants of any specimen of species subject to the provisions of this Law.


Rule 21


An establishment engaged in the trade or breeding in captivity of animals or the artificial reproduction of plants for the commercial purposes of specimens of species subject to the provisions of this Act, shall maintain a register of records of entry and Ia out of its facilities of any kind of species. This register side and initialled by the President of the Court of First Instance of the place of the seat of the establishment concerned shall be presented at any request of the administrative or judicial authority.


Rule 22


An order of the Minister responsible for Waters, Forests and Hunting sets out the conditions for registration and the models of register d, establishment.


Rule 23


The stalls authorized to hold wild animals are the Safeguard Centres, Ees of Revealing d, Wildlife Animals, Sell Establishments and All Sales-Assimilated Transactions and Establishments For presentation to the pubric of d, live species of the local or exotic fauna.


B


Rule 24


Without prejudice to the provisions in force relating to commercial activities and the protection of the environment, establishments d, animal husbandry of wild species, sales and all operations assimiated for sale, transit and res In the course of the exercise or extension of their activities, a capacity certificate shall be obtained for presentation to the pubric of specimens of live species of Ia local or exotic fauna.


4 10


Rule 26


Are subject to the control of the Administration of Water, Forests and Hunting, Ies


Establishments holding specimens of wildlife species such as


Defined in Article 23.


Are subject to the control of the Administration of Water, Forests and Hunting and


Of the Scientific Authority Iorsqu'ils hold specimens of live species:


Scientific institutions;


Educational and training institutions;


Institutions and institutes specializing in biomedical research, in


Monitoring and applied ecology.


TITLE lll: SPECIFIC PROVISIONS ON TRADE


INTERNATIONAL OF THE SPECIMENS


Rule 27


Specimens of first, second and third categories


Are those listed in the CITES Appendices l, ll and lll, respectively.


In case of amendments to the annexes l, II or lll of CITES adopted by the


Conference of the States Parties to CITES after the entry into force of the


This Law, Ia list of first, second and third categories is


Updated by decree adopted in the Council of Ministers on the proposal of the minister responsible


Of Waters, Forests and Hunting, within ninety (90) days of the said Conference.


B


C


, &L1


Rule 25


The provisions of Articles 20 to 22 above shall not apply to public institutions for training or research on species specimens


Wild.


CHAPTER I: EXPORTING SPECIMENS


Rule 28


The export of a specimen of first, second or third species


Category is subject to the issuance of an export permit issued by the Water, Forestry and Hunting Authority.


Rule 29


Issuance of an export permit for specimens of species of


The first category is made under the following conditions:


The scientific authority issues the opinion that this export is not detrimental to survival


Of the species concerned,


B. The Administration des Eaux, Forêts et Chasse verifies that the specimen (s) of species have not been obtained in violation of the laws and regulations relating to the conservation of fauna and flora;


Administration des Eaux, Forêts et Chasse verifies that the specimen (s)


Live species will be conditioned and transported so as to avoid the risk of injury, disease or ill-treatment;


D. The Administration des Eaux, Forêts and Chasse verifies that an import permit has been granted by the competent authority of the State of destination for that specimen.


A* Article 30


The issuance of an export permit for specimens of second class species occurs under the following conditions:


The scientific authority issues the opinion that this export does not affect survival


In the case of non-quota export;


Administration des Eaux, Forêts et Chasse verifies that the specimen (s)


Have not been obtained in violation of the laws and regulations relating to the conservation of the flora and fauna in force


Benin;


L


A


B


, f12


I ' Administration des Eaux, Forêts et Chasse verifies that the specimen (s)


Of living species will be conditioned and transported in such a way as to avoid


Risks of injury, illness or ill-treatment.


Rule 31


Issuance of an export permit for specimens of species of


Third category is made under the following conditions:


A l' Administration des Eaux, Forêts et Chasse verifies that the species specimen


Has not been obtained in the vlolation of the laws and regulations on Ia


Conservation of Ia fauna and flora in Benin;


B. The Administration des Eaux, Forêts and Chasse verifies that the specimens of live species will be packed and transported in such a way as to avoid


Risks of injury, illness or ill-treatment.


CHAPTER ll: EXPORT OF SPECIMENS


A, rticle 32


Re-export of a specimen of first, second, or other species


Third category is subject to the obtaining of a re-export permit issued by the Administration of Water, Forests and Hunting


Rule 33


Issuance of a re-export permit for specimens of species of


The first category is made under the following conditions:


Administration des Eaux, Forêts et Chasse verifies that the specimen (s)


Of species have been regularly imported and assures the opinion of the authority


Scientific evidence that the objectives of re-export do not adversely affect the


Survival of the species;


B. L, Administration des Eaux, Forêts et chasse verifies that the specimen (s), live species, will be packed and transported so as to avoid the


Risks of injury, illness or ill-treatment;


C


A


13 /6


I ' Administration des Eaux, Forêts et Chasse verifies that an import permit has been granted for the specimens of the live species concerned.


Rule 34


Issuance of a re-export permit for specimens of species of


The second category is made under the following conditions:


Administration des Eaux, Forêts et Chasse verifies that the specimen (s)


Species have been regularly imported;


B. I ' Administration des Eaux, Forêts et Chasse verifies that the specimen (s) of live species will be packed and transported in such a way as to avoid the risk of injury, disease or ill-treatment.


Rule 35


The issuance of the re-export permit for specimens d, species of third category shall be made under the following conditions:


I ' Administration des Eaux, Forêts et Chasse verifies that the specimen or specimens of the species have been regularly imported;


B. The Administration des Eaux, Forêts and Chasse verifies that the specimen (s) of live species will be packed and transported in such a way as to avoid the risk of injury, disease or ill-treatment.


CHAPTER Ill: IMPORTATION OF SPECIMENS


Rule 36


The importation of a specimen of a species of first, second or third category is subject to the obtaining of a permit, issued by the Administration of Water, Forests and Hunting, after obtaining the opinion of the scientific authority.


Rule 37


The issuance of import permits for specimens of first class species occurs under the following conditions:


The Scientific Authority is of the opinion that the objectives of the import do not adversely affect the survival of the species;


A


A


14


, tr


A.


The scientific authority verifies that, in the case of a live specimen,


The consignee has the appropriate facilities to maintain and


Treat with care;


The Administration des Eaux, Forêts and Chasse verifies that the species specimen will not be used for commercial purposes.


Rule 38


Importing a specimen of a second or third species


Category is subject to the issuance of an import permit, on presentation


An export permit or a re-export certificate.


CHAPTER lV: INTRODUCTION OF SPECIMENS FROM THE SEA


Rule 39


The intr:oduction from the sea of a specimen of


First, second or third category is subject to the obtaining of a


Certificate of entry from the sea issued by the Administration of


Waters, Forests and Hunting.


Rule 40


The issuance of a certificate of introduction from the sea of


Specimens of first class species are made under the following conditions:


A. The Scientific Authority is of the opinion that the introduction does not interfere with the survival of the species;


B. I ' Administration des Eaux, Forêts et chasse verifies that, in the case of a specimen of living species, the recipient has the facilities


Adequate to preserve and treat it carefully;


C. L, Administration des Eaux, Forêts et chasse verifies that the species specimen will not be used for commercial purposes'


B


15, r


Rule 41


The issue of a certificate of introduction from the sea of specimens of second class species shall be issued on the condition that:


The Scientific Authority takes the view that the introduction does not affect the survival of


The said species;


I ' Administration des Eaux, Forêts et Chasse verifies that any specimen of living species will be conditioned and transported in such a way as to avoid risks


Injury, illness or ill-treatment.


CHAPITRE V: SPECIMENS OF NON-REGISTERED ESPECES


AT THE FIRST, SECOND OR THIRD CATEGORIES


Rule 42


The export and re-export of a specimen of species not listed in the first, second or third categories shall be subject, respectively, to the obtaining of a certificate of origin and a certificate of re-export issued by The Water, Forestry and Hunting Administration.


Rule 43


The issuance of a certificate of origin shall be made under the following conditions:


A. The Administration des Eaux, Forêts et Chasse verifies that the specimen (s) of the species in question have not been obtained in violation of the laws and regulations on the conservation of fauna and flora.


B. The Administration des Eaux, Forêts and Chasse verifies that the specimen or specimens of live species will be packed and transported in such a way as to avoid the risk of injury, disease or ill-treatment.


CHAPTER Vl: DEROGATIONS AND DtSPOStTONS pARTtCULtERES


Rule 44


The provisions of Chapters l, Il, lll and lV of this Title shall not apply to the transit or transhipment of specimens in the national territory, where such specimens remain under customs control.


A


B


16


K


Rule 45


The provisions of Chapters I, ll, Ill and V of this Title shall not be


Applicable, when the Administration of Water, Forests and Hunting has evidence that the


Specimen of species was acquired before the coming into force of this Act.


However, the Administration of Water, Forests and Hunting issues a certificate to


This effect.


Rule 46


The provisions of Chapters l, ll, lll and lV of this Title shall not apply


Not to specimens of species that are personal or household objects.


However, they apply:


A. Specimens of first class species, when acquired in


Outside the national territory;


B. Specimens of second category species:


(i) when they have been acquired, outside the national territory, in the wild environment in which the catch or harvest took place;


(ii) where the State in which the catch or harvest took place requires the


Pre-issuance of an export permit.


Rule 47


Specimens of the first category of animals raised in


Captivity or artificially propagated plants for commercial purposes are


Considered as specimens of second class species'


Rule 48


Where the Water, Forestry and Hunting Authority has evidence that a


Specimen of an animal species has been raised in captivity or a specimen of a


Plant species has been reproduced artiflcially, or that it is part of such


Or of such a plant, or of such a plant, a certificate issued by


L, Administration des Eaux, Forêts and hunting for this purpose shall be accepted instead of


Permits and certificates required in accordance with this Act.


17 4


Rule 49


The provisions of Chapters l, ll, lll and IV of this Title shall not apply


Loans, donations and exchanges for non-commercial purposes between men of


Science and authorized scientific institutions, herb specimens, others


Specimens of preserved, desiccated or under-included museums and living plants that carry a label issued or approved by the Administration des Eaux, Forêts and Hunting.


Rule 50


The Administration of Water, Forests and Hunting may grant derogations from the


Obligations under the provisions of Chapters l, ll, lll and V of this Title and permit the movement of specimens of species which are included without a permit or certificate


A zoo, a circus, a menagerie, a travelling exhibition of animals or plants provided that:


The exporter or importer declares the complete characteristics of these species specimens to the Administration of Water, Forests and Hunting,


Such specimens fall within one of the categories specified in section 47 of this Act;


The Administration des Eaux, Forêts et Chasse verifies that any specimen of live species will be conditioned and transported in such a way as to avoid the risk of injury, disease or ill-treatment.


TITLE IV: PENALES


CHAPTER I: ACTTONS AND POURSUtETs


Rule 51


The research, the finding, prosecution and punishment of offences under this Act shall be governed by the laws in force.


Rule 52


Officials of Waters, Forests and Hunting shall be able to search all trains, boats, boats, aircraft, aircraft, vehicles and all other means of


A


B


C


4


May contain specimens of species subject to the provisions of this Act.


They have free access to wharves, at stations and terminals, and are allowed to


Travel freely through the waterways and the railways whenever the


Service requires it in the search for infringements, in accordance with the provisions of the Code of Criminal Procedure.


CHAPTER ll: SEIZURES AND FINDINGS


Rule 53


The officers responsible for finding infringements of the provisions of the


This Law shall be entitled to seize:


Specimens of species that are the subject of an offence;


Watercraft, automobiles and other vehicles used by the authors


To carry the specimens of the species in question;


Cages, bags, or any other container containing such specimens


Of species as well as any other item or material used to commit the


The offence.


Rule 54


Cages, bags, or other seized containers shall be confiscated by


Decision by the competent court of judgment.


Boats, cars and other vehicles used to commit


Offence may also be forfeited.


By decision of the prosecutor of the Republic:


A. Specimens of perishable species seized shall be returned to the authorities


Administrative charges against receipts for consumption in


Public or private social institutions;


B. Specimens of non-perishable species are sold by auction


By the Administration des Eaux, Forêts and Chasse au


Profit from the Public Treasury;


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C. Prohibited products are destroyed;


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D. Confiscated boats and other automobiles are sold at auction


Public.


The seized specimens, materials and means of transport shall be referred to in the minutes.


Certain species of species may be subject to judicial decision


Of conservation.


Rule 55


It is an aggravating circumstance of the offence, the disappearance or damage to the specimens, material and means of transport seized by the action or the fault of the offender.


Rule 57


Objects abandoned by unknowable offenders are seized and filed at the Registry of the competent court. The confiscation and, if necessary, the sale shall be ordered by the court upon request of the Water, Forestry and Hunting Administration.


Rule 58


Specimens of species of first, second or third category imported, re-exported, introduced from the sea, in transit or transhipment in Benin without being accompanied by an appropriate title, are seized and made available to The Administration of Waters, Forestry and Hunting and returned to the sending country at the expense of the offender, notwithstanding any investigation or prosecution.


The Water, Forestry and Hunting Administration proceeds with your seizure, when the recipient refuses to acknowledge the specimen, or if the offender does not have the means to ensure their return to the country of origin.


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Rule 56


The perpetrators and accomplices of the offence who led to confiscation cannot participate in public auctions.


Rule 59


The expenses and expenses incurred in the seizure, including the costs of Ia


Preservation of specimens and the costs of transportation, maintenance, custody and


Handling of specimens shall be the responsibility of the perpetrators of the offences concerned.


CHAPTER III: SANCTIONS


Rule 60


Any person who is found, in any place, without the holder of a title issued by


The competent authority, in possession of a specimen of a species:


A. First class, shall be punished with imprisonment of three (03) months to twelve months


(12) months and a fine of five hundred thousand (500,000) to five million


(5,000,000) CFA francs or one of these two penalties only;


B. Second category, shall be punished by imprisonment of three (03) months to six


(06) months and a fine of five hundred thousand (500,000) to three million


(3,000,000) CFA francs or one of these two penalties only;


C. A third category, shall be punished with imprisonment of three (03) months to six


(06) months and a fine of one hundred thousand (100,000) to one million (1,000 ' 000)


Of CFA francs or one of these two penalties only.


Rule 61


A person who sells a specimen of a species submitted to the


The provisions of this Law without the holder of administrative authorisation


Request:


A. For the first category, shall be punished by imprisonment of twelve (12) months to


Twenty-four (24) months and a fine of five hundred thousand (500 ' 000) to five


Million (5,000,000) CFA francs or one of these two penalties


Only;


B. For the second category, shall be punished by imprisonment of six (06) months to


Twenty-fifthatre( 24) monthendedecentthousand (100,000) francsCFAà


Cinqmillion (5.000.000) defrancsCFAoudel, unedecesdeuxsentencing


4


Only;


21,


Rule 62


Any carrier or freight forwarder who performs for the purpose of exporting or importing a specimen of a species subject to the provisions of this Act, an act of his profession without the required title, shall be punishable by imprisonment of three (03) Months to six (06) months and a fine of one hundred thousand (100,000) francs cFA to one million (1,000,000) francs cFA or |one of these two penalties only.


Rule 63


Rule 64


A person who transacts, exposers to the public for commercial purposes or uses for profit for profit, without being authorized to do so, a specimen of:


A. In the first category, shall be punished by imprisonment of three (03) months to twelve (12) months and a fine of five hundred mile (900,000) CFA francs to five millaude (s.000.000) of CFA or |one of these two penalties only;


B in the second category, shall be punished by imprisonment of one (01) month to six (06) months and a fine of one hundred thousand (100,000) CFA francs to one million (1,000,000) CFA francs or one of those two penalties only; that third category shall be punished Imprisonment of one (01) months to three (03) months and a fine of fifty mile (50,000) CFA francs to five hundred thousand only;


(500,000) CFA francs or one of these two penalties


In the event of a repeat offence, the above penalties shall be doubled.


)), *


C. For the third category, shall be punished by imprisonment of three (03) months to twelve (12) months and a fine of fifty thousand (50,000) CFA francs to three million (3,000,000) CFA francs or |one of these two penalties.


It shall be punishable by imprisonment of three (03) months to twelve (12) months and d, a fine of one hundred thousand (100,000) CFA to one million (1,000,000) CFA francs or one of those penalties only, any person who has infringed or attempted to breach The provisions of Articles 1 1, 1B and 24 of this Law.


Rule 65


Lndepending on the criminal proceedings which may be carried out in


Application of the provisions of this Chapter, administrative measures up to the closure of the establishment may be ordered by the


Minister responsible for Water, Forests and Hunting, in the event of failure to comply with the


Provisions of Article 21 of this Law.


Rule 66


Without prejudice to the provisions in force relating to the exercise of trade, any person imports, exports, re-exports or imports from the


Sea a specimen of a species subject to this Act in violation of the provisions of the above Title shall be punished:


A. For specimens of first class species, imprisonment for


Three (03) years to five (05) years and a fine of one million (1,000,000)


CFA francs to five million (5,000,000) CFA francs or one of these two


Penalties only,


B. For specimens of second-cable species, imprisonment for


Two (02) years to four (04) years and a fine of five hundred thousand (500,000) to


Million (4,000,000) CFA francs or one of these two penalties


Only;


C. For specimens of third class species, imprisonment


One (01) year to two (02) years and a fine of one hundred thousand (100,000) francs


CFA in kois million (3,000,000) CFA francs or one of these two penalties


Only.


Rule 67


A term of imprisonment of two (02) years to five (05) years and one


A fine of one million francs (1,000,000) francs to two million francs (2,000,000) francs


CFA or one of these penalties only, anyone who:


A. Gives false indications in order to conceal the nature of the specimens in the


The issuance of permits or certificates;


B. Uses an invalid licence or certificate, or modified without authorization.


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Rule 68


Any person who wilfully interferes with the performance of the duties of a competent official in the implementation of this Law shall be liable to the penalties laid down in the provisions of the Criminal Code in force.


Rule 69


The complicity and attempt of the offences provided for in this Law shall be punishable by the same penalties as the offence itself.


Rule 70


It is considered to be an accomplice and liable to the same penalties as |author, carrier or freight forwarder who has not required the submission of the required permit or certificate.


CHAPTER IV: TRANSACTIONS


Rule 71


For infringements of the provisions of this Law, officials of Waters, Forestry and hunting with the quality of judicial police officer, under the control of their superiors, may deal with the offender, except For specimens of first class species, either before or after the judgment.


Before judgment,


Same facts.


The transaction extinguished public action based on the


After the judgment, the transaction only has effect on monetary penalties


TITLE V: TRANSITIONAL AND FTNALES


Afticle72


As of the date of the promotion of the present king, the holders of specimens of the species of wild flora and fauna classified in l, one of the categories provided for by this king, shall have a twelve (12) month period to comply with the Provisions of this Act.


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" + {


Rule 73


This Law, which repeals all previous provisions to the contrary, shall be


Executed as an Act of the State.


Done at Porto-Novo,


The President of the National Assembly,


Louis Gbèhounou VLAVONOU

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