Dear Friends,
I draw your attention to the document "Some Steps for Exhibitors from the European Union", which was issued by the organisers of WOC2005 recently. This is a guide for customs and CITES requirements for exhibitors to the show (full document at www.woc2005.org/docs/cites/exposantsUE-anglais.doc)
The document correctly states that the European Union is treated as a single territory for CITES purposes - so that import and export permits are not required for movement of orchids within the European Union.
However, it goes on to state that, "Within European Union, any holder of samples belonging to species listed in appendices of Rule (EC) n� 338/97 must be in a position to justify their lawful origin and source." No basis is provided for this bald statement.
"Any "European" (including French) exhibitor should be in a position to provide control services with a proof paper of lawful origin and source of specimens belonging to species listed in appendix A or B of the Rule (EC) n� 338/97."
The requirements are complex:
"As the case may be, this proof of lawful origin is constituted with the following documents :
1) if the plant is produced within European Union, the proof will be :
- if the exhibitor is also the producer, a self-certificate indicating that the specimens (description) are obtained by artificial breeding
or
- if the exhibitor is not the producer, a selling certificate (or bill) indicating name and address of the seller, those of the exhibitor and the fact that specimens (description) are "artificially-produced"
2)if the plant originates from an outside European Community country and was beforehand imported into Community, the certificate will be :
- if the exhibitor is the importer, the yellow file (copy n� 2) of the import CITES permit delivered by one of the European Community Member country and stamped by the entry customs services
or
- if the exhibitor is not the importer, a selling certificate (or bill) indicating seller name and address, those of exhibitor, description of the specimen and full number of import CITES permit. In such case however, it is advisable that the exhibitor should require, from the importer, the former import CITES permit or a copy, as this document will be necessary for the possible "non-European" buyer in Dijon to obtain from DIRES the re-export CITES certificate, if plants are sent to his own country."
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Do the organisers of WOC2005 really expect any exhibitors to be able to fully comply with these requirements, particularly amateur orchid societies? When was the last time you received a receipt from an orchid trader, let alone one annotated "artificially propagated"? When did you last ask a trader whether the plant you are buying originated from the EU or outside it?
In my view, CITES seeks to regulate trade in endangered species - i.e., the import and export of listed species across borders. As such, my view is that you only have to comply with its requirements, e.g., in relation to getting permits, etc when you seek to actually import or export orchids. By this reasoning, the mere act of possession of a plant, even a CITES plant, is outside the realms of the treaty. I am not aware of any EU law which regulates the mere possession of a CITES plant.
It is unreasonable to extend the CITES provisions to plants which have been bought in good faith from someone else, perhaps months or years beforehand. Is it reasonable for someone to be guilty under a law that regulates the import or export of items, when he is not actually seeking to import or export anything, or knowingly dealing in something which has been illegally imported into the EU? Is the reversal of burden of proof deliberate, or just ill thought through?
My predictions: (i) there will be a riot on the show floor if the requirements are imposed, (ii) the show floor will be empty as no one will take the risk of showing in the face of such burdensome requirements, and/or (iii) the jails in Dijon will be full over WOC2005.
Dr Chong-Yee Khoo
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