CITES in Austria

Federal Ministries

Federal Ministry for Agriculture and Forestry, Climate and Environment Protections, Regions and Water Management (BMLUK)

The enforcement authority within the meaning of Article IX of the Convention and Article 13(1)(a) of Council Regulation (EC) No. 338/97 is the Federal Ministry for Agriculture and Forestry, Climate and Environmental Protection, Regions and Water Management. The main responsibility for implementing this EU wildlife trade regulation and for national coordination of the implementation of the Washington Convention on International Trade in Endangered Species in Austria lies with the enforcement authority in Division VI/4 of the BMLUK (National Parks, Nature and Species Conservation). Applications for the issuance of CITES permits (for example: import, export, and re-export) and CITES certificates (for example: granting an exemption from the marketing ban for intra-Community trade; travel certificate; model collection certificate) must be submitted to this division using the designated forms.

Timeframe for issuing CITES documents

The BMLUK issues approximately 9,000 CITES documents per year. Processing CITES certificates for intra-Community trade, import or export permits, or re-export certificates requires verification of their legality, usually in consultation with the respective scientific authority in the relevant federal state. In complex cases, it must be considered that processing may take longer, and applications should therefore be submitted in good time to meet the expectations of potential buyers, for example in the case of (hybrid) falcons. In any case, the issuance of CITES documents is legally regulated in Article 8(3) of the EU Implementing Regulation (EC) 865/2006.

Federal Ministry of Finance (BMF)

Monitoring compliance with Council Regulation (EC) 338/97 and Implementing Regulation (EC) 865/2006, as well as Austrian federal laws and regulations (Wildlife Trade Act, BGBl. I No. 16/2010; Species Labeling Regulation, BGBl. II No. 300/2013; Species Irrelevance Regulation II, BGBl. No. 113/2010) and investigating violations, is primarily the responsibility of the customs administration in accordance with §13 of the Wildlife Trade Act. Thus, the combined control and procedural authority, both for import, export, and re-export as well as for intra-Community trade, lies with the BMF – see also the Customs Law Implementation Act (jusline.at).

Federal Ministry of the Interior (BMI)

Within the BMI – Federal Criminal Police Office – the Environmental Crime Department is the Interpol contact for wildlife protection worldwide. Intervention under criminal law is possible pursuant to §181f of the Criminal Code (StGB) (in German only), intentional damage to animal or plant populations.

Federal Ministry of Social Affairs, Health, Care, and Consumer Protection (BMSGPK)

Live animals and animal-derived products are subject to veterinary border control upon import and transit, which also concerns CITES-listed species. The implementation of these measures in Austria falls under the BMG and is carried out on the basis of Community law, the Animal Disease Act, the Food Safety and Consumer Protection Act, and related regulations, in particular the “Veterinary Import Regulation 2008” (VEVO 2008). Inspections at Austrian border control points are conducted by border veterinarians of the BMG in cooperation with customs authorities. Restrictions and controls also apply to the transport of animals and animal products by travelers.

Authorities

Scientific Authorities in the Federal States

Within the meaning of Article IX of the Convention and Article 13(2) of Council Regulation (EC) No. 338/97, in addition to the enforcement authority, a scientific authority must also be established, whose tasks are precisely defined and must not overlap with the responsibilities of the enforcement authority. For example, sustainability assessments (whether the conservation status of a species is adversely affected by trade) or the verification of breeding criteria are conducted by the scientific authority. The expert opinions prepared by the scientific authorities form the scientific basis for the permit procedure. In Austria, a scientific authority is established in each federal state in accordance with regional legal provisions (see also §13(3) Wildlife Trade Act, BGBl. No. 16/2010).

Federal Office for Food Safety (BAES) and Federal Forestry Office (BFW)

These two federal offices are the first-instance authorities for phytosanitary import control of plants, plant products, and other items. The BAES is responsible for the agricultural sector, and the BFW for the forestry sector. The legal basis is Regulation (EU) 2016/2031. Accompanying national regulations in this area are set out in the Plant Protection Act 2018. The purpose of phytosanitary import control is to prevent the introduction and spread of harmful organisms.

Additionally, the BFW is responsible for enforcing the Forestry Reproductive Material Act 2002 (FVG) and the Wood Trade Monitoring Act 2013 (HolzHÜG), BGBl. I No. 178/2013. The associated controls aim to ensure Austria’s supply of high-quality seed and plant material and, on the other hand, to prevent illegally harvested timber and timber products derived from such timber from entering the Austrian market. This includes species that are covered by CITES.

• CITES Enforcement in Austria (PDF, 134 KB)
• EU and international CITES expert committees (PDF, 80 KB)