Key Benefits:
Public concerned: any person who imports or introduces into French Polynesia or Wallis-et-Futuna, or exports from the territory of these communities, specimens subject to the provisions of the Convention on International Trade in Endangered Species of Fauna and Flora.
Subject: procedure for issuing export permits, re-export certificates, import permits and introduction certificates from the sea in French Polynesia and Wallis-et-Futuna.
Entry into force: the text comes into force on the day after its publication.
Notice: France joined the Convention on International Trade in Endangered Species of Wild Fauna and Flora in 1978, known as CITES. The objective of CITES, of which 175 States are now Parties, is to ensure that the international trade in the species listed in its annexes as well as parts and products derived from it does not adversely affect the conservation of biodiversity and is based on the sustainable use of wildlife. The objective of CITES is to avoid overexploitation of fauna and flora by limiting imports and exports to only specimens accompanied by permits or certificates proving that their removal is lawful and not prejudicial to the conservation of the species.
In metropolitan territory and overseas departments, the implementation of CITES is based on Article L. 412-1 of the Environmental Code.
In French Polynesia and Wallis-et-Futuna, it is based, respectively, on articles L. 624-2 and L. 635-2 of the same code under which this decree is taken.
References: the texts amended by this decree can be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy and the Minister of Overseas,
Considering the Convention on International Trade in Endangered Species of Wild Fauna and Flora of 3 March 1973 opened for signature in Washington until 30 April 1973 and, after that date, in Bern until 31 December 1974, published by the Decree No. 78-959 of 30 August 1978together chapters VI and XV of Resolution Conf. 12.3 of the Conference of the Parties to CITES and Resolution Conf. 10.20 of the Conference of the Parties to CITES;
Considering the environmental code, including articles L. 412-1, L. 415-3 to L. 415-5, L. 624-2 and L. 624-3, L. 635-2 and L. 635-3;
Vu la Act No. 2004-192 of 27 February 2004 amended to have the status of autonomy of French Polynesia;
Vu la Act No. 61-814 of 29 July 1961 amended conferring on the Wallis and Futuna islands the status of overseas territory;
Vu la Act No. 2000-321 of 12 April 2000 relating to the rights of citizens in their relations with administrations, including Article 21 and Article 24;
Having regard to the Government of French Polynesia of 10 August 2011;
The State Council (section of public works) heard,
Decrete:
In Chapter IV "Other Provisions" of Book VI title II of the Environmental Code Regulatory Part, a section 1 entitled "Miscellaneous Provisions" includes section D. 624-1 in its current drafting, and section 2 entitled "International trade in endangered fauna and flora species" as follows:
“Section 2
“International trade
endangered species of fauna and flora
"Art. R. 624-2.-I. ― Exceptions provided for in the Convention on International Trade in Endangered Species of Wild Fauna and Flora of March 3, 1973 are subject to authorization for the export, re-export, import and introduction from the sea of all or part of animals and their products as well as of all or part of plants and their products under the provisions of this Convention.
"This authorization is issued prior to each shipment of specimens transported together and being part of the same load to a single consignee.
"She takes the form:
« 1° An export permit, which must be submitted when the territory of a specimen of a species listed in Annexes I, II or III of the Convention on the International Trade in Endangered Species of Wild Fauna and Flora;
« 2° A re-export certificate, which must be submitted upon the release of the territory of a previously introduced specimen, of a species listed in Annexes I, II or III to that Convention;
« 3° An import permit, which must be submitted, simultaneously with the export permit or the corresponding re-export certificate issued by the competent authorities of the country of origin, for the entry into the territory of a specimen of a species listed in Annex I or II of that Convention;
« 4° A certificate of introduction from the sea for the introduction from the sea of a specimen of a species listed in Annex I or II of the same convention.
“II. ― In the particular case of pets, specimens presented in itinerant exhibitions or specimens accompanied by a temporary admission customs document, belonging to a species listed in Annexes I, II or III of the same convention, the authorization may take the form of a certificate of ownership, a certificate for itinerant exposure or a certificate for the collection of samples. This certificate shall be submitted at the time of entry and exit of the territory to replace the permit or certificate provided for in paragraph I of this section.
"Art. R. 624-3.-To obtain the authorization under section R. 624-2, the applicant must establish the lawful origin of the specimen being the subject of his application.
"The application for authorization includes:
"– the full names and addresses of the exporter and importer;
"– the scientific name of the species or subspecies to which the specimen belongs;
"– the specific description of the specimen, including its identification mark, where applicable;
" ― the origin of the specimen, its origin, its age, and its method of obtaining;
"– the number or quantity of specimens subject to demand;
"– the purpose of the planned operation;
" — a copy of the export permit or re-export certificate issued for the shipment considered by the competent authorities of the country of origin, if any.
"Art. R. 624-4.-The authorization referred to in Article R. 624-2 is issued by the High Commissioner of the Republic in French Polynesia after notice, when required by the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the scientific authority designated by joint decree of the Ministers responsible for the Protection of Nature and Overseas.
"For a limited period of time, it may be subject to conditions specific to the species under review or intended use.
"It is individual and incessant.
"Art. R. 624-5.- Authorization can only be issued if the conditions set out in the Convention on International Trade in Endangered Species of Wild Fauna and Flora are met.
"For the importation of a specimen of a species listed in Appendix II to this Convention, the authorization may only be issued if:
"—the intended operation does not adversely affect the conservation status of the species under review;
"in the case of a living animal, the recipient has the appropriate skills and facilities to keep and treat it carefully.
"Art. R. 624-6.-If the conditions of an authorization are not met, the authorization may be suspended or withdrawn, the recipient heard.
"Art. R. 624-7.-In addition to the accompanying documents provided for in the Convention on International Trade in Endangered Species of Wild Fauna and Flora, animals and plants or their parts or products under this Convention may be subject to control of their specific identity, their physical or biological characteristics and the legal nature of their origin, without prejudice to the application of the existing public legislative or regulatory provisions relating to the health »
In Chapter V "Other Provisions" of Title III of Book VI of the Regulatory Part of the Environmental Code, a section 1 entitled "Miscellaneous Provisions" includes section D. 635-1 in its current drafting and section 2 entitled "International trade in endangered fauna and flora species" as follows:
“Section 2
“International trade
endangered species of fauna and flora
"Art. R. 635-2.-I. ― Exceptions provided for in the Convention on International Trade in Endangered Species of Wild Fauna and Flora of March 3, 1973 are subject to authorization for the export, re-export, import and introduction from the sea of all or part of animals and their products as well as of all or part of plants and their products under the provisions of this Convention.
"This authorization is issued prior to each shipment of specimens transported together and being part of the same load to a single consignee.
"She takes the form:
« 1° An export permit, which must be submitted when the territory of a specimen of a species listed in Annexes I, II or III of the Convention on the International Trade in Endangered Species of Wild Fauna and Flora;
« 2° A certificate of re-export, which must be submitted upon the release of the territory of a previously introduced specimen, of a species listed in Annexes I, II or III of the same Convention on International Trade in Endangered Species of Wild Fauna and Flora;
« 3° An import permit, which must be submitted, simultaneously with the export permit or the corresponding re-export certificate issued by the competent authorities of the country of origin, for the entry into the territory of a specimen of a species listed in Annex I or II of that Convention;
« 4° A certificate of introduction from the sea for the introduction from the sea of a specimen of a species listed in Annex I or II of the same convention.
“II. ― In the particular case of pets, specimens presented in itinerant exhibitions or specimens accompanied by a temporary admission customs document, belonging to a species listed in Annexes I, II or III of the same convention, the authorization may take the form of a certificate of ownership, a certificate for itinerant exposure or a certificate for the collection of samples. This certificate shall be submitted at the time of entry and exit of the territory to replace the permit or certificate provided for in paragraph I of this section.
"Art. R. 635-3.-To obtain the authorization under section R. 635-2, the applicant must establish the lawful origin of the specimen being the subject of his application.
The application for authorization includes:
"– the full names and addresses of the exporter and importer;
"– the scientific name of the species or subspecies to which the specimen belongs;
"– the specific description of the specimen, including its identification mark, where applicable;
" ― the origin of the specimen, its origin, its age, and its method of obtaining;
"– the number or quantity of specimens subject to demand;
"– the purpose of the planned operation;
" — a copy of the export permit or re-export certificate issued for the shipment considered by the competent authorities of the country of origin, if any.
"Art. R. 635-4.-The authorization provided for in Article R. 635-2 shall be issued by the superior administrator of the territory of the Wallis and Futuna Islands after notice, when required by the Convention on International Trade in Endangered Species of Wild Fauna and Flora, of the scientific authority designated by joint decree of Ministers responsible for the Protection of Nature and Overseas.
"For a limited period of time, it may be subject to conditions specific to the species under review or intended use.
"It is individual and incessant.
"Art. R. 635-5.-The authorization referred to in Article R. 635-2 may only be issued if the conditions laid down in the Convention on the International Trade in Endangered Species of Wild Fauna and Flora are met.
"For the importation of a specimen of a species listed in Appendix II to this Convention, the authorization may only be issued if:
"—the intended operation does not adversely affect the conservation status of the species under review;
"in the case of a living animal, the recipient has the appropriate skills and facilities to keep and treat it carefully.
"Art. R. 635-6.-If the conditions of an authorization are not met, the authorization may be suspended or withdrawn, the recipient heard.
"Art. R. 635-7.-In addition to the accompanying documents provided for in the Convention on International Trade in Endangered Species of Wild Fauna and Flora, animals and plants or their parts or products under this Convention may be subject to control of their specific identity, their physical or biological characteristics and the legal nature of their origin, without prejudice to the application of the existing public legislative or regulatory provisions relating to the health »
The Minister of Ecology, Sustainable Development and Energy and the Minister of the Overseas are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 27 February 2013.
Jean-Marc Ayrault
By the Prime Minister:
The Minister of Ecology,
Sustainable Development
and energy,
Delphine Batho
Minister of Overseas,
Victorin Lurel
