EU Regulation 338/97

The European Union Wildlife Trade Regulation, Council Regulation (EC) No. 338/97 came into effect on 1 June 1997. The aim of the Regulation is to protect wild animals and plants currently or likely to become threatened by international trade, by regulating the trade in these species. It enforces CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) within the EU and provides additional measures for the conservation of species in trade. In full, the Regulation reads 'Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein'.

Subsequent regulations have been produced that correct, implement or amend Council Regulation (EC) No. 338/97. Whenever the list of species listed in the Annexes to Council Regulation (EC) No. 338/97 changes this is done through a Commission amending Regulation.

The main difference between this Regulation and CITES is that it contains 4 annexes instead of the 3 appendices of CITES. These annexes represent the following:

Annex A includes: 

• All CITES Appendix I species, except where an EU Member State has entered a reservation
• Some CITES Appendix II and III species, for which the EU has adopted stricter domestic measures
• Some non-CITES species

Annex B includes:

• All other CITES Appendix II species, except where an EU Member State has entered a reservation
• Some CITES Appendix III species · Some non-CITES species

Annex C includes:

• All other CITES Appendix III species, except where an EU Member State has entered a reservation

Annex D includes:

• Some CITES Appendix III species for which the EU holds a reservation
• Some non-CITES species

The relevance of this Regulation for the Large Herbivore Initiative is the same as explained for CITES.