Trade in endangered animals and plants: CITES in practice

Trade in protected animals and plants is tightly regulated. The CITES Convention determines worldwide which species enjoy protection. The European Union has implemented that convention more strictly, through a basic regulation with four annexes. Since 1 January 2024 the Netherlands anchors enforcement in the Environment and Planning Act (Omgevingswet) and the Environmental Activities (Living Environment) Decree (Bal). A breach is not an administrative oversight but an economic offence (economisch delict). Seizure, fines and prosecution are real risks, including for bona fide traders who are missing a single document.

The short answer

CITES governs international trade in endangered species. The EU applies it through a basic regulation and an implementing regulation.
The EU works with four annexes: A, B, C and D. Annex A is the strictest, Annex D the lightest.
Import, export and re-export require documents. In the Netherlands these are issued by the Netherlands Enterprise Agency (RVO).
The Netherlands Food and Consumer Product Safety Authority (NVWA) supervises domestic trade. Customs checks at the border.
It is not only live animals that are caught. Parts and products are too, such as ivory, timber, coral, leather and traditional medicines.

What CITES governs

CITES stands for the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The convention links trade in a species to the extent to which trade threatens that species.

The convention has three appendices. Appendix I lists species threatened with extinction; commercial trade is in principle prohibited. Appendix II lists species whose trade must be regulated to prevent decline. Appendix III lists species that a country has itself notified.

The convention addresses cross-border trade. Protection of species within the Netherlands follows a different line. You can read more about that under biodiversity.

How the EU applies it

The Union has transposed CITES into a basic regulation and an implementing regulation. Those regulations apply directly in every Member State. In places they go further than the convention itself.

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Where CITES has three appendices, the EU uses four annexes:

Annex	What it contains	What this means
A	Appendix I species and a number of additional species	Commercial trade in principle prohibited; EU certificate required
B	Appendix II species and a number of additional species	Import and export permit required; trade within the EU usually permitted
C	Appendix III species	Export permit or certificate of origin; notification on import
D	Species under monitoring	Import notification; no permit requirement

The classification changes regularly. Check the current annexes for every transaction. A species that could be traded freely last year may fall under Annex B this year.

Permits and certificates

In the Netherlands, CITES documents are issued by the Netherlands Enterprise Agency. Which document you need depends on the annex and on the transaction.

An import permit for bringing Annex A and B specimens into the Union.
An export permit for taking specimens out of the Union.
A re-export certificate where a previously imported specimen leaves the Union again.
An EU certificate for commercial dealings within the Union in Annex A specimens.
An import notification for Annex C and D specimens.

Administrative obligations apply alongside the documents. They include marking with a microchip or a closed leg ring, and keeping records. On inspection, those records are often decisive on the question whether your specimen is lawful.

Enforcement in the Netherlands

Since 1 January 2024 the national basis is the Environment and Planning Act, worked out in the Environmental Activities (Living Environment) Decree. The former Flora and Fauna Act (Flora- en faunawet) and Nature Conservation Act (Wet natuurbescherming) no longer apply. References to them in older documentation are out of date.

Three bodies are decisive in practice. Customs checks consignments on entry and export, particularly through Schiphol and the port of Rotterdam. The NVWA inspects traders, fairs, markets, zoos and the internet. The RVO assesses applications and can withdraw documents.

Where there is a breach, the first step is often administrative. Seizure is the most far-reaching instrument. Live animals are placed with a shelter; dead specimens and products may be destroyed. The costs may be charged to you.

Criminal law risks

In the Netherlands, breach of the CITES rules is an economic offence. That means investigation by special investigating officers (bijzondere opsporingsambtenaren) and prosecution by the Functional Public Prosecutor’s Office (Functioneel Parket) of the Public Prosecution Service.

The sanctions are substantial. Fines and custodial sentences are possible, as is confiscation of the trading stock. In cases of organised smuggling, money laundering may be charged in addition.

Two misconceptions are common. The first is that an antique item is automatically exempt. It is not; worked specimens from before 1947 are subject to specific conditions that you must be able to prove. The second is that buying online without a document is harmless. The buyer, too, may be liable.

When is a specimen lawful?

The central question at every inspection is whether you can demonstrate lawful origin. The starting point is strict: without evidence, a specimen is readily treated as unlawfully obtained. In practice the burden of proof rests on the holder.

Three categories occur most often. Specimens lawfully imported, with the corresponding permit. Specimens bred in captivity, with breeding records and a mark. And worked specimens acquired before the species was protected, with evidence of date and origin.

Mind the chain. Even if your supplier produced documents, you remain responsible yourself for their accuracy when you resell.

Practical steps

Check, per species and per country, whether it appears in an annex before you buy or sell.
Apply for documents before the consignment leaves. Repair after the event is rarely possible.
Keep proof of origin, invoices and earlier certificates for the whole period of possession.
Record in your contracts who is responsible for the documents. See sustainability clauses in commercial contracts.
Obtain legal assistance immediately on an inspection or a seizure. Statements made in the first hour carry weight.

Importers should also note that other European rules may run alongside, for timber and timber products for example. See also trade law.

Frequently asked questions

May I sell an inherited item containing ivory?
Only subject to conditions. Annex A requires an EU certificate. You must be able to demonstrate lawful origin and age.

Does CITES apply within the European Union as well?
Yes, for Annex A. Commercial dealings in those specimens are prohibited within the Union too without a certificate.

What should I do if Customs detains my consignment?
Respond in writing and with reasons, and obtain assistance. An administrative track and a criminal track often run alongside each other at that point.

Are you facing a CITES inspection, a seizure or a permit application? Contact Law & More. We advise on the documentary obligations and represent you in administrative and criminal proceedings. Our offices in Eindhoven and Amsterdam work in Dutch and English.

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Trade in endangered animals and plants: CITES in practice