AEWA and CITES. It is important to distinguish the AEWA Action Plan’s trade provisions from the requirements of the Convention on International Trade in Endangered Species of Fauna and Flora (CITES). While CITES offers a comprehensive approach to “international trade” in protected species, it does not address domestic trade in any way. Moreover, a comparison of CITES and AEWA listings shows that the large majority of the migratory waterbird species covered by AEWA are not listed by CITES and consequently do not receive protection under the Convention. For more details: CITES database; AEWA Conservation guidelines on regulating trade in migratory waterbirds.
AEWA and CITES. The AEWA Action Plan requires strict protection from trade for all birds of populations listed in Column A of Table 1 as well as their eggs or any readily recognisable parts or derivatives of such birds (Paragraph 2.1.1 (c)). Birds of populations listed in Column B of Table 1 shall only be traded if they have not been taken in contravention of any prohibition (on hunting) laid down pursuant to Paragraph 2.1 of the Action Plan. For birds of populations listed in Column C of Table 1 the Action Plan does not provide detailed provisions on hunting and trade. Hunting and trade, however, when taking place, should be sustainable (see Article III e (b)
AEWA and CITES. It is important to distinguish the AEWA Action Plan’s trade provisions from the requirements of the Convention on International Trade in Endangered Species of Fauna and Flora (CITES). While CITES offers a comprehensive approach to “international trade” in protected species, it does not address domestic trade in any way. Moreover, a comparison of CITES and AEWA listings shows that the large majority of the migratory waterbird species covered by AEWA are not listed by CITES and consequently do not receive protection under the Convention. For more details: CITES database; AEWA Conservation guidelines on regulating trade in migratory waterbirds. Direct prohibition on trade, possession and use of strictly protected populations Where the relevant waterbird population is completely protected so that no takings are permitted without specific exemption, it can be appropriate for national legislation to prohibit possession of birds and eggs of that population or any commercial activities involving birds or eggs, unless the person can provide proof of the exemption. In these cases, civil and criminal penalties may be more easily proven against the possessors, sellers and purchasers of these species, since there is less chance they were legally taken. This should be the case for all Column A populations (unless an exemption applies) as well as other waterbird populations requiring absolute protection in accordance with national objectives. Provisions prohibiting trade, possession and use are typically found in general biodiversity legislation or wildlife conservation legislation. However, provisions on trade in listed species can also exist in relevant trade law, or criminal statutes. Drafters should thus check multiple legal sources to ensure there is no conflict or overlap. Practical example 18: Egypt, Environment Law, 1994
AEWA and CITES. The AEWA Action Plan requires strict protection from trade for all birds of populations listed in Column A of Table 1 as well as their eggs or any readily recognisable parts or derivatives of such birds (Paragraph 2.1.1 (c)). Birds of populations listed in Column B of Table 1 shall only be traded if they have not been taken in contravention of any prohibition (on hunting) laid down pursuant to Paragraph 2.1 of the Action Plan. For birds of populations listed in Column C of Table 1 the Action Plan does not provide detailed provisions on hunting and trade. Hunting and trade, however, when taking place, should be sustainable (see Article III e (b) Agreement text). The term of “trade” is not defined in the AEWA Action Plan, but also not restricted. The common understanding is in fact that trade could be international trade (import and export), but also – which is of much higher practical relevance for most migratory waterbirds and not covered by CITES – domestic trade.28 The AEWA Conservation Guidelines on regulating trade in migratory waterbirds define trade as the exchange of goods for money or other goods, either between people in different countries (international trade) or amongst people within a nation (domestic trade). Food, pets, hunting trophies, zoo specimens or traditional medicines can be traded, and trade can involve a low level of commercialisation (e.g. rural market trade) or be very commercial (e.g. international trade in rare species). Trade can involve live or dead intact birds, or parts of birds, such as skins and feathers, or eggs or young.29 CITES is of particular importance for the objectives of AEWA since it regulates the international trade in certain endangered species covered by AEWA. However, it is important to realise that the CITES regulations do not (fully) imply the implementation of the more general AEWA requirements related to controlling trade of specimens for two main reasons: 1) CITES actually covers only a relatively small part of all AEWA waterbird populations (44 populations of 19 species); 2) CITES deals exclusively with international and not – as in the case of AEWA – also with domestic trade. In September 2002 the CITES and the CMS Secretariats, “realising that activities under CITES concern migratory species and issues that also are covered by CMS or Agreements concluded under its auspices”, signed a Memorandum of Understanding30 in which it was agreed to reach institutional cooperation and policy compatibility, inter...
