13 Wildlife trafficking
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6351/14
COM(14) 64
| Commission Communication on the EU Approach against Wildlife Trafficking
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| Legal base | —
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| Documents originated | 7 February 2014
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| Deposited in Parliament | 13 February 2014
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| Department | Environment, Food and Rural Affairs
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| Basis of consideration | EM of 24 February 2014
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| Previous Committee Report | None
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| Discussion in Council | See para 13.8 below
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
13.1 The Commission comments that illegal cross-border
trade (trafficking) of wildlife is not new, but has changed its
scale, nature and impact considerably, with a significant global
upsurge in recent years: as a result, it has become one of the
most profitable criminal activities, involving the same groups
responsible for trafficking human beings, drugs and firearms,
and is a cause of instability in areas such as central Africa.
It also notes that the increase in trafficking has been mainly
driven by a high and growing demand for wildlife products (notably
in parts of Asia), by poverty and poor enforcement, and by inadequate
sanctions: and it adds that it poses a serious threat both to
biodiversity, with significant declines in species such as the
elephant and rhinoceros, and to the livelihoods of many indigenous
communities, as well as reducing Government revenues.
13.2 The Commission notes that the EU remains a major
destination for illegal wildlife products, whilst its ports and
airports are important transit points for trafficking, particularly
between Africa and Asia, and it points out that the role of organised
criminal groups is increasing, due to the high profitability and
low risk of detection involved. It says that this has resulted
in more political attention, including initiatives by several
Member States, and with the European Parliament having recently
called for a dedicated EU Action Plan.
The current document
13.3 In view of this, the Commission has produced
this Communication to draw attention to the urgent need to address
the problem more effectively, to take stock of and assess existing
EU measures, and to initiate a debate on the future approach of
the EU to this issue.
Global action
13.4 The Commission says that the EU has supported
a variety of initiatives to strengthen international efforts against
wildlife trafficking, involving:
Regulating trade
The EU is a major supporter of the Convention on
the International Trade in Endangered Species (CITES); has completed
bilateral Voluntary Partnership Agreements in the area of timber
trafficking to improve traceability systems and verify the legality
of imported products; is a leading force in the fight against
illegal, unreported and unregulated (IUU) fishing, having promoted
the adoption of comprehensive control measures by regional fisheries
management organisations and the FAO, and provided technical assistance
to more than 50 third countries; has included in its Free Trade
Agreements provisions to strengthen the implementation of multilateral
environmental agreements; and has provided additional trade preferences
under its Generalised Scheme of Preferences to developing countries
which ratify and implement international conventions on sustainable
development and good governance.
Enforcement
The Commission says that, in many countries, the
resources and engagement of enforcement agencies to implement
the existing rules is not sufficient, and it notes that the EU
is the main donor to the International Consortium to Combat Wildlife
Crime.
Support for international cooperation and action
The Commission points out that the EU and its Member
States are parties to the UN Convention against Transnational
Organised Crime, and to the UN Convention against Corruption,
although it observes that concrete and dedicated action against
wildlife trafficking under both Conventions so far remains limited.
It also notes that the Financial Action Task Force, which sets
standards and evaluates the implementation of anti-money laundering
measures, now includes "environmental crime" in its
list of relevant criminal offences. At a diplomatic level, it
says that the EU has raised the problem of wildlife trafficking
directly with key source and demand countries, but comments that,
as the main focus so far has been on Africa, there should be more
engagement with key demand countries and on partnerships at regional
level, similar to those on illegal fishing.
Development cooperation
The Commission observes that EU development cooperation
has sought to tackle threats to wildlife by efforts in conservation,
capacity-building and enforcement support, but that longer-term
measures are also required to provide sustainable sources of income
to local communities for whom involvement in illegal wildlife
trade may seem an easy option. It says that the EU has committed
more than €500 million for biodiversity conservation in Africa
over the last 30 years, but that the need for the proper management
and conservation of biodiversity remains high. It also suggests
that the synergies between conservation, the livelihoods of local
populations, enforcement and good governance have not always been
sufficiently exploited, and that the long term sustainability
of a number of projects remains fragile due to insufficient ownership
and support by national and local authorities and high dependence
on external funding. However, it points out that the programming
of the EU development cooperation for the period 2014-20 represents
an opportunity to address these shortcomings and to set out a
comprehensive approach on wildlife trafficking.
EU action
13.5 The Commission notes the following areas:
Regulating wildlife trade
The Commission says that trade in wildlife is subject
to a comprehensive set of rules, which include giving effect to
CITES, action on the illegal timber trade and IUU fishing, and
that it also has in place legislation prohibiting the illegal
killing of endangered species. However, it comments that criminal
networks have in some cases taken advantage of the complexity
of the rules, including the fact that some species can be subject
to different regimes.
Effective enforcement
The Commission says that the effective enforcement
by Member States, including by the police and judiciary, is required,
but suggests that limited resources, the lack of specialised police
and prosecution units, and varying degrees of cooperation between
wildlife and other enforcement agencies has impeded effective
enforcement, and suggests that legislation on binding criteria
for effective Member State inspections and surveillance, as called
for by the Seventh EU Environmental Action Programme (2014-20),
could help to improve the situation. Similarly, it says that,
although Directive 2008/99/EC requires all Member States to provide
for effective, proportionate and dissuasive criminal sanctions,
an initial assessment of its transposition shows that there are
still shortcomings in some Member States which need to be addressed:
and it also observes that the level of criminal sanctions applicable
to wildlife trafficking vary significantly within the EU, and
in some Member States limit their deterrent effect.
Training and capacity building
The Commission points out that effective enforcement
requires technical skills and awareness throughout the whole enforcement
chain, and that some initiatives to address this are being taken,
including use of the next funding period to fill existing gaps
in the fight against wildlife trafficking. In addition, it notes
that EU networks of environmental enforcement practitioners, customs
authorities, prosecutors and judges play an important role, but
says that their status and funding is secured only on a short
term basis, and that cooperation between them so far has been
limited.
Fighting organised crime
The Commission says that there are several EU horizontal
instruments, which can in principle provide useful tools against
organised wildlife trafficking, but that these apply only when
a certain sanction threshold is met, which is not currently the
case in all Member States. It adds that investigating the illegal
financial flows associated with organised crime is important,
with Directive 2005/60/EC providing for preventive measures, notably
through due diligence obligations for financial institutions to
detect suspicious financial transactions, and that the development
of specific guidance on its application in the context of environmental
crime could be helpful. It also notes that, although Europol issued
a specific environmental crime assessment in October 2013 which
focussed on trade in endangered species, it has at present no
dedicated focal point working on this. The Commission says that
both Europol and Eurojust could provide important assistance,
and suggests that national enforcement authorities should provide
them with the necessary data and submit requests for their assistance
(which has not so far been the case). Finally, it says that agreed
EU priorities for 2014-17 for the fight against organised crime
do not include any area of environmental crime, but that a mid-term
review will provide an opportunity to reconsider the priorities.
Engaging civil society
The Commission says that civil society is an important
partner in ensuring that all relevant stakeholders are mobilised
against wildlife trafficking, and that the input of some non-governmental
organisations has been valuable in assisting public authorities.
13.6 The Commission concludes that, although comprehensive
global and EU-wide rules exist to regulate wildlife trade, significant
enforcement gaps remain, often linked to the low priority given
to this issue, and a lack of coordination between the various
authorities involved. It has therefore invited stakeholders to
let it have by 10 April 2014, answers to a list of questions seeking
to establish what improvements might best be made to the current
arrangements.
The Government's view
13.7 In his Explanatory Memorandum of 24 February
2014, the Parliamentary Under Secretary of State at the Department
for Environment, Food and Rural Affairs (Lord de Mauley) notes
that there are no specific policy proposals, but says that, subject
to the caveat that, if any such proposals were made, it would
be necessary to assess whether they were necessary, the Government
supports the Commission's aim of fostering debate, and agrees
that wildlife trafficking is a global problem, which needs to
be tackled through enforcement, demand reduction, and sustainable
livelihoods.
13.8 The Minister also notes that the Commission
will consider the next steps, including whether to submit specific
proposals, following the outcome of its public consultation.
Conclusion
13.9 As this document is simply seeking views
at this stage, it does not seem to us to require further consideration
by the House. On the other hand, it provides a useful resumé
of the issues arising on a subject, which are a matter of topical
(and growing) concern, and, for that reason, we think it right
to draw it to the attention of the House.
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