CITES MADE SIMPLE: MUSEUMS Chris Auger Licensing Quality Manager UK CITES Management Authority
WHO IS THE UK CITES MANAGEMENT AUTHORITY?
Determines the policy i.e. how EU CITES legislation will be implemented in the UK
Wildlife Licensing & Registration Service of Animal Health - issues CITES licences
THE PREAMBLE TO THE CITES CONVENTION RECOGNISES
“ Wild fauna and flora are an irreplaceable part of the natural systems of the earth which must be protected for this generation and the generations to come”
THE INTERNATIONAL CITES CONVENTION
CITES was drafted as a result of a resolution adopted in 1963 at a meeting of members of IUCN (The World Conservation Union). The text of the Convention was finally agreed at a meeting of representatives of 80 countries in Washington in 1973, and on 1 July 1975 CITES entered in force. There are now 175 signatories worldwide.
WHAT DOES CITES CONTROL ?
Over 30,000 species of wild animals and plants are included on the CITES appendices
As well as live specimens, any parts or derivatives of listed specimens are also controlled, for example:
Species listed under CITES are recorded within one of three Appendices globally: Appendix I (the most endangered) to Appendix III (the least endangered)
The EU has stricter measures and ‘translates’ these 3 appendices into 4 annexes: Annex A (the most critically endangered) through to Annex D species (monitored but not actively controlled)
EU implements CITES (the international “Convention”) through 2 EU Regulations
Council Regulation (in force since 1997)
Commission Regulation (current regulation in force since 2006)
WHAT YOU NEED TO KNOW ABOUT THE EU CONTROLS
Commercial use within the EU
What is commercial use?
How to apply
Imports into and exports from the EU
Annex A and B
Non-commercial loans (exports)
PROHIBITION ON COMMERCIAL USE
All commercial use of Annex A specimens (or their parts or derivatives) is prohibited unless the specimen is covered by an EC certificate.
WHAT DO EC CERTIFICATES ALLOW?
Purchase, offer to purchase
Acquisition for commercial purposes
Display to the public for commercial purposes
Use for commercial gain
Sale, keeping for sale
Offering for sale, transporting for sale
WHICH CERTIFICATE DO YOU NEED?
Article 10 certificate OR
Article 60 certificate
THE ANTIQUES DEROGATION
Worked specimens acquired before 1 June 1947 do not require a certificate
specimens can be treated as worked if
they are significantly altered from their raw state for jewellery, adornment, art, utility, or musical instruments, and
need no further carving, crafting or manufacture ‘to effect their purpose’
WHAT DO I HAVE TO PROVE?
The specimen pre-dates 1947
Documents of provenance
Letters of donation
Photos indicating the date
It comes within the definition of worked
Much harder to define
There are some guidelines
We can advise on a case by case basis
WHAT IS “WORKED”?
Rhino horn libation cup
Articulated skeleton Tiger skin rug
Mounted hunting trophy on a wall plaque
Broom made from elephant hair
Polished turtle shell, ready for wall mounting
Uncarved elephant tusk
Tigers bones in a box, previously drilled for articulation
Trophy removed from a wall plaque
Shell removed from a turtle
WHICH CERTIFICATE IS BEST?
issued in the name of a trader
one certificate per specimen
Covers all commercial uses
issued in the name of a scientific institution
covers the commercial use (except sale) of all Annex A specimens held by that institution which are being used to further conservation
WHO CAN HAVE AN ARTICLE 60?
Must be a scientific institution – eg. zoo,museum, botanic garden
Must use the Annex A specimens for one or more of the following, for the purpose of conservation of the species :
Research or education
APPLYING FOR AN ARTICLE 60
details of the research programme(s) incl. aims and objectives, methodologies, partners, published papers etc.
details of the education strategy and programme(s), education material, means of displaying interpretative information etc.
[Further details can be found in GN12]
SUPPORTING EVIDENCE (A60)
Applications must be accompanied by evidence of the origin of all the specimens to be covered
As museums often do not have a complete catalogue of their specimens, they may supply evidence of all Annex A specimens on display and an indication of others held in the collection
WHAT IS ‘COMMERCIAL’ USE?
No definition in the Regulations, so open to interpretation
Our role is to provide advice on UKMA interpretation
Seek independent legal advice if in doubt
ILLUSTRATIVE EXAMPLES: commercial element (relatively) clear
A permanent exhibition or display of Annex A specimens in a museum which charges an entry fee: A10/60 is required
A permanent exhibition or display of Annex A specimens in a museum which is free to enter: A10/60 is not required
A permanent exhibition or display of Annex A specimens in a museum which is free to enter, but which has a commercial cafeteria or shop on site: A10/60 is not required
ILLUSTRATIVE EXAMPLES: commercial element unclear
A permanent exhibition or display of Annex A specimens in a free entry museum, with a box for donations: A10/60 is not required as long as making a donation is completely voluntary and is not a requirement
A temporary exhibition or display containing Annex A specimens for which there is an entrance fee, within an otherwise free entry museum: A10/60 is required (even if the Annex A specimens are not themselves the main attraction)
ILLUSTRATIVE EXAMPLES: events
A one-off commercial event such as a Valentine Ball, where the museum is being used merely as a venue and the display of Annex A specimens within another part of the museum is incidental: A10/60 is not required
A one-off commercial event where the display of Annex A specimens is integral to the event, eg a Halloween party where the museum displays their stuffed Annex A bats specifically to attract customers: A10/60 is required
ILLUSTRATIVE EXAMPLES: visitors behind the scenes
A museum charges visitors to view their storage area where Annex A specimens are on display: A10/60 is not required
As above but where the Annex A specimens are the main focus of the display: A10/60 is required
ILLUSTRATIVE EXAMPLES: images
If the purpose of the filming/photography is not specifically targeted at Annex A specimens, and the museum is simply being used as a backdrop/location: A10/60 is not required
If the purpose of the filming/photography is specifically focussed on an Annex A specimen (or its display): A10/60 is required
Sale of postcards of an Annex A specimen, or use of a poster of an Annex A specimen to attract visitors to the museum: A10/60 is not required
IS MY ORGANISATION COVERED?
Q : Does an A10/60 certificate issued to a ‘lead organisation’ also cover its subsidiaries?
A : It depends on the legal situation, and who ‘owns’ the specimen
if A,B and C are separate legal entities which are loosely associated – they all need their own A10/60
If B and C are part of A, and A ‘owns’ all the collections displayed by B and C, then A’s certificate covers use of the specimens by B and C
HOW CAN I CHECK IF MY INSTITUTION IS COVERED?
We can’t publish a list of Article 60 holders due to this information being ‘commercial in confidence’
Contact us to check whether you (or your lead organisation) have been issued with an Article 60 (or Article 30) certificate
IMPORTING AND EXPORTING
Annex A and B specimens require import and export permits from country of origin and destination
Annex C and D specimens coming into the EU require you to complete an import notification (for C-listed specimens you will also need an export permit or certificate of origin from the country of origin)
NON-COMMERCIAL LOANS BY SCIENTIFIC INSTITUTIONS
Registered scientific institutions may use labels provided by the UK Management Authority instead of export permits, for:
Preserved, dried and embedded specimens (eg miscroscope slides, specimens preserved in alcohol, taxidermy specimens, preserved skins)
Frozen tissue samples
Animal DNA derived from preserved, dried or embedded museum specimens
NON-COMMERCIAL LOANS (contd)
Only for the transfer of specimens between registered institutions
Label must be completed and the top part attached to the container; bottom part returned to UKMA
Annual report must be sent to UKMA by 31 December each year
[Further details can be found in GN16]
THE MUSEUM SECTOR vs TOTAL APPLICATIONS 42,733 4,815 1,873 21,681 14,357 1,194 142 68 339 645 TOTAL RE-EXP EXPORT IMPORT EC CERT
0117 372 8774
1/17 Temple Quay House 2 The Square Temple Quay Bristol BS1 6EB