Regulations for the implementation of the Convention on 3 March 1973 on International Trade in Endangered Species of Wild Fauna and Flora (CITES)


Date FOR-2002-11-15-1276


Ministry of Foreign Affairs


Published in 2002 Booklet 15


Commencement 01.01.2003

Edited
FOR 2013-07-09-875

Changes

FOR-1989-01-10-52, TO-1998-08-18-818

For
Norway

Legal

LOV-1997-06-06-32-§1 LOV-1997-06-06-32-§3, LOV-1981-05-29-38-L-26, LAW-2001-06-15- 79-L-26, LOV-1925-07-17-11-§4, LAW-1930-02-27-2-§2, LAW-2009-06-19-100-L-26

Promulgated
19.11.2002

Short Title
regulat. on trade in endangered species, etc. (CITES)

Chapter Overview:

Chapter I. Purpose and scope (§§ 1-2)
Chapter II. General provisions (§§ 3-9)
Chapter III. Exception (§§ 10-13)
Chapter IV. Miscellaneous provisions (§§ 14-20)
Annex. Checklist of CITES species in 2010

Adopted by Royal Decree on 15 November 2002 pursuant to the Act of 6 June 1997 no. 32 on innførsle- and perform exchangers regulation § 1 and § 3, Act of 29 May 1981. 38 about wildlife § 26 no. 9, law of 15 June 2001 no. 79 on environmental protection in Svalbard (Svalbard environmental Protection Act) § 26, second paragraph, the Act of 17 July 1925. 11 on Svalbard § 4, and the Act of 27 February 1930 No.. 2 about Jan Mayen § 2. Issued by the Foreign Ministry.
Changes: Amended by regulations 23 June 2010 no. 1915 March 15, 2013 no. 284, July 9, 2013 No.. 875.

Chapter I. Purpose and scope

§ 1. Purpose The purpose of this regulation is to limit the adverse effects of international trade may have on the continued existence of animal and plant species that are or may be threatened with extinction.

§ 2. Scope These regulations apply to the import, export and reutførsel of animal and plant species listed in the regulation's list I, II and III, between Norway - including Svalbard and Jan Mayen - and other states, and between Svalbard and the Norwegian mainland.
The regulations include the following items:

1.
Any individual, living or dead, of said species.

2.
Parts and products of these species.

The regulations are in addition to other laws and regulations governing the import, export and sale.

Chapter II. General provisions

§ 3. General Upon import, export or reutførsel of specimens of species covered by these regulations required a special permit under the provisions of this Chapter, unless otherwise stated in the exceptions referred to in Chapter III.

§ 4. Exportation Exportation of specimens of species covered by Regulation List I is prohibited.
The export of specimens of species covered by the Regulations Appendix II and Appendix III may be permitted when the following conditions are met:

A)
Exportation must not bring the species' continued existence at risk

B)
Each copy must be acquired in accordance with the law for the protection of flora and fauna

C)
shipment / transport of living individuals must be conducted in a way that does not harm or inflict unnecessary suffering individual.

Permit under subsection provided in accordance with § 8

§ 5. Importation Importation of specimens of species covered by Regulation List I is prohibited.
Importation of specimens of species covered by the Regulation list II are permitted when an export license / reutførselslisens from exporting state are submitted and this is issued in accordance with its provisions.
Importation of specimens of species covered by the Regulations Appendix III is allowed when proof of origin may be submitted. Upon entry of a state that has listed the species in Appendix III shall also export license from the State submitted.
Importation is controlled by the customs authority in Svalbard by the Governor, who shall transmit Environment Directorate the documentation presented for all importation of copies of the Regulations list II and III.

§ 6. Reutførsel With reutførsel means export of any specimen that has previously been introduced to the country.
Reutførsel of specimens of species covered by Regulation List I is prohibited.
Reutførsel of specimens of species covered by Regulation List II may be permitted when the following conditions are met:

A)
the export / reutførselslisens the State specimen previously carried out by must be submitted

B)
shipment / transport of living individuals must be conducted in a way that does not harm or inflict unnecessary suffering individual.

Reutførsel of specimens of species listed in the Regulations Appendix III may be permitted if the conditions of subsection b are met. It also requires the presentation of certificates of origin. If the item has been previously performed from a state that has listed the species in the Convention Appendix III requires submission of the export / reutførselslisens.

Permit for third and fourth paragraphs given in accordance with § 8

§ 7. Cultivated plants, animals born in captivity and specimens are pre-convention Notwithstanding the other provisions of this chapter may Environment Directorate authorize the exportation, importation and reutførsel of specimens covered by this regulation, if the applicant can document that:

1.
Animal born in captivity.

2.
The plant is cultivated.

3.
Specimen is pre-Convention.

If a specimen of a species listed in Schedule I are either farmed or cultivated in revenue purposes, then the rules for species covered by List II apply.

§ 8. Conditions in license and permit design - Licenses In permit under § 4, second paragraph, § 6, third or fourth paragraph and § 7 first paragraph may be imposed as deemed necessary to implement the Regulation purposes, including requirements marking each copy.
Permits mentioned in the first paragraph, provided in the form of a license issued by the Environment Agency.
License shall be required for each shipment of specimens. It may be required license for each copy of a shipment with multiple copies.
The license shall be submitted to the customs authority in Svalbard Governor and Jan Mayen for Commissioner in Salten.
Each license shall contain the title of the Convention, the name and stamp of the issuing administrative body, a control number issued by the agency and the validity date. The license shall also include an overview of the species consignment comprises and which lists the individual species are listed on.
All copies of a license shall be clearly marked as copies and can not be used instead of the original.

§ 9. States not party to CITES on imports from State or upon exportation / reutførsel the State not party to CITES, the Environment Directorate accept satisfactory documentation from the authorities in this state instead of licenses issued under CITES 'provisions .

Chapter III. exceptions

§ 10. The transit provisions of Chapter II does not apply to goods in direct transit are under customs authority, on Svalbard under the Governor's, control. Addressee and destination state must be identical to what is stated by the Clearing of goods from exporting state.

§ 11. Loans, switch etc. between scientific institutions The provisions of Chapter II does not apply to non-commercial loans, gifts or exchange of herbarieeksemplarer, others preserved, dried or embedded museum specimens and live plant and animal material, between Norwegian research institutions approved Environment Directorate and registered scientific institutions in other states. The shipment / copy must carry a label issued or approved by the administrative authority of the individual state.
Environment Directorate may issue regulations on reporting of such shipments.

§ 12. Personal effects following personal effects are excluded from the provisions of Chapter II:

A)
Effects of species listed in the regulation's list I and II, which are included to Norway by a person permanently residing outside Norway, and acquired in their homeland. The effect must be performed by the return trip and presented to the customs authority or the Governor on entry and exit.

B)
Effects of species on Appendix II, which introduced a permanent resident of Norway, if documentation is presented to the customs authorities or the Governor that the object is not derived from animals or plants that have been removed from their natural environment.

C)
Effects of species listed on Appendix III, when such effects imported from states other than the state that has led the species on Appendix III.

The exception in the first paragraph does not apply to live animals and plants.

§ 13. Exemption Environment Directorate may, when special reasons, grant exemptions from the provisions of the regulations. In the dispensation may be laid as deemed necessary to implement the Regulation and CITES 'purposes.

Chapter IV. MISCELLANEOUS PROVISIONS

§ 14. Marking Environment Agency may issue rules on subsequent labeling as a condition for import of specimens covered by this regulation.

§ 15. Inspection Provisions customs authorities control that these regulations are complied with.
In Svalbard passed control of the Governor.
On Jan Mayen passed control of the Chief Constable in Salten or whoever he appoints.

§ 16. Safeguarding living specimens - repatriation If importation of a specimen that are already in this country is not allowed, shall Environment Directorate, if necessary, ensure that the copy is taken care of. The costs of such compliance and eventual repatriation may be claimed by the owner.

Live individuals may be required returned by administrative authority of the exporting state. The costs of such a shipment covered by the exporting state. The shipment must take place in a way that does not harm or inflict unnecessary suffering individual.

§ 17. Appeals Ministry appealed to individual decisions made by Environment Agency under this Regulation.

§ 18. Penalties Violation of regulations or decisions issued pursuant to these regulations is punishable under these laws:
For live or dead wild and eggs or products thereof, the law of 29 May 1981. 38 about wildlife § 56.
For other species or products thereof, the Act of 6 June 1997. 32 about innførsle- and perform exchangers regulation § 4.
For exportation or importation from abroad and Svalbard, the law of 15 June 2001 . 79 about environmental protection on Svalbard § 99 and Act of 17 July 1925. 11 on Svalbard § 4, second paragraph.
For exportation or importation between Norway and Jan Mayen, the Law of 27 February 1930 No.. 2 on Jan Mayen § 2, second paragraph.

§ 19. Amendments to the Regulations list Environment Agency adopts amendments to the lists in accordance with Norway's obligations under CITES.

§ 20. Entry into force This regulation enters into force on 1 January 2003. From the same date, the Regulations of 10 January 1989 no. 52 to the implementation of the General Export Regulations § 1a and regulations of 18 August 1998 no. 818 on implementation of import regulation § 1a.

Annex. Checklist of CITES species in 2010

To read the attachment see here: