El Dictamen de Extracción no Perjudicial (DENP) que elabora la autoridad científica

  • International trade in wild fauna and flora must be carried out avoiding negative effects on the conservation status of the concerned species. Aiming at regulating such international trade, the CITES Convention and, at European Union level, the Council Regulation (EEC) No 338/97 of 9 December 1996 were adopted. Under that Regulation (Article 4), it is necessary the advice of a Scientific Authority to consider that the importation of the specimen will not have a detrimental effect on the conservation status of the species or on the extent of the territory occupied by the population of the concerned species. The positive or negative character of this assessment is the result of the analysis carried out through the Non-detriment Finding (NDF).

    Specifying for our country, both for the import and export of the species of Annex A and B, it is necessary that the Scientific Authority of Spain (competence of the Dirección General de Calidad y Evaluación Ambiental del Ministerio de Agricultura y Pesca, Alimentación y Medio Ambiente) certifies that the population of origin of the species in question is not harmed.

    Ultimately, the NDFs must conclude whether the extraction of the specimens intended to be carried out will affect the survival of their original population. This is why there is widespread interest by the Scientific Authorities of CITES parties in establishing an integrative and objective methodology for the development of NDFs.

    For the adequate processing in Spain of the NDFs, it is useful that operators and applicants for import permits know the information that the CITES Scientific Authority of Spain needs to be able to prepare an NDF.

  • What international background does exist in relation to the information that is necessary for the elaboration of the NDF?

    The ”Guidance for CITES Scientific Authorities" produced by IUCN (Rosser and Haywood, 2002)1 and subsequently expanded, revised and developed for specific taxa, is the main reference for the development of NDFs.

    CITES Resolution 16.7 (COP, 2013)2 recommends the inclusion of the following variables as the assessment methodology for the development of NDF:

    A. species biology and life-history trauts;
    B. species range (historical and current);
    C. population structure, status and trends (in the harvested area, nationally and internationally);
    D. threats;
    E. historical and current species-specific levels and patterns of harvest and mortality (e.g. age, sex) from all sources combined;
    F. management measures currently in place and proposed, including adaptive management strategies and consideration of levels of compliance;
    G. population monitoring; and
    H. conservation status

    The EU Scientific Review Group (SRG)3; develops and regularly updates the 'Scientific Authority Guidelines'4 under the Regulation (EC) No 338/97 And (EC) No. 865/2006 ", which recommends that the Scientific Authorities prepare the NDFs based on the same considerations as those set out in Resolution Conf. 16.7, also adding as a new consideration the conservation benefits derived from trade. Finally, the document 'Non-detriment findings in CITES (NDFs)' (Roser, 2014)5 provides for 5 indicators that should be included in all NDFs

    - Plausibility of the provided data (accuracy and correctness)
    - National distribution and abundance
    - Management plan and quotas (taking into account the conservation status)
    - Monitoring (method, areas covered and confidence in monitoring))
    - Trade statistics (allows releasing conclusions on the dynamics of trade)

    For this reason, the variables that the CITES Scientific Authority in Spain requires for the elaboration of the NDFs integrate all the minimum parameters previously recommended.

    1https://cites.unia.es/cites/file.php/1/files/CITES-guidance-prelims.pdf
    2https:https://cites.org/sites/default/files/document/S-Res-16-07-R17.pdf
    3Grupo de asesoramiento científico establecido por el Reglamento (CE) 338/97, y en el que están representados todos los Estados miembro a través de su Autoridad Científica.http://ec.europa.eu/environment/cites/srg_en.htm
    4http://ec.europa.eu/environment/cites/pdf/srg/guidelines.pdf
    5https://cites.unia.es/cites/file.php/1/files/guide-CITES-NDFs-en.pdf

  • In what cases is information required for the development of a NDF?

    NDFs must be prepared for import and export / re-export of specimens of Annexes A and B to Regulation (EC) No 338/97. In some cases, the CITES Scientific Authority of Spain has information to carry out the NDF, based on different bibliographic sources or direct communications from involved entities (administrations or operators in the transfer of specimens).

    In other cases, however, there is often a significant lack of technical and scientific information for the species included in Annex B, mainly relating to the situation of populations of origin and to actions to ensure their adequate conservation status. It is therefore the species of Annex B to Regulation (EC) No 338/97 which are imported into Spain for commercial purposes, for which it is possible for interested parties to contribute by providing additional information (see following section) from valid data sources, allowing an agile and precise elaboration of the NDF by the Scientific Authority CITES of Spain. In this sense, and according to different official CITES regulations4,5, the absence of adequate information would make impossible to assess whether the survival of the population would be affected by the extraction and, consequently, under the principle of precaution, the NDF would be negative.

     

    4http://ec.europa.eu/environment/cites/pdf/srg/guidelines.pdf
    5https://cites.unia.es/cites/file.php/1/files/guide-CITES-NDFs-en.pdf

  • What information is required to issue a NDF?

    For the importation of wild species included in Annex B, a positive NFD of the Scientific Authority is mandatory. This NFD is valid for each import and is based on the verification of compliance with three considerations regarding the extraction of the specimen:
    a) it has not had or will not have a detrimental effect on the population of origin,,
    b) produces significant and tangible benefits for the conservation of the species, and
    c) has a positive impact on the local human population or on the environment that coexists with wildlife.

  • What can the applicant do to expedite the preparation of the NDF?

    Operators, authorities or those interested in the commercial importation of species listed in Annex B in the Regulation (EC) No 338/97 may voluntarily contribute by providing, where feasible, the following information:

    - Population size of the target species in the harvesting area of the specimens. This information should be based on the most recent censuses, counts and robust estimates, and might include the methodology and origin of the data. The area of extraction refers to the population unit that is affected, the most geographically precise, or, if there is no information at that scale, at the national level, provided that they constitute demographic units. Population counts or estimates of the last three or five consecutive years are required, or in their absence, at least the most recent possible.

    - Population trend of the target species in the harvesting area. The population trend data (direction and magnitude of the trend) in the last 30 years at the aforementioned geographic scale are considered important.

    - Demographic parameters of the species in the harvesting area. Data on the productivity of the species (or expressed as fertility, birth rate or reproductive success), gender distribution in the population (sex ratio) and mortality / survival rates are considered important.

    - List of threats affecting the species in the area of harvesting, information on the impact it has on the populations and their conservation status in the country of origin is considered important.

    - In case of maximum export quotas, the biological information (eg population and demographic) on which the establishment of this quota was based is considered important.

    - Range of the species at the national level. Cartographic information in this respect is considered important or, failing that, indication of the type of distribution: broad and continuous, broad but fragmented / discontinuous, restricted and fragmented or local presence; or the percentage that it represents in relation to the national territory.

    - Percentage of the national population of the species within protected areas or within lands subject to environmental management of sustainable use of natural resources.

    - Conservation status and risk of extinction according to IUCN criteria6.

    - Information on control systems and monitoring of the quotas or quantities of wild-caught specimens exploited, as well as of the wild populations of the extraction area.

    - Information on the existence of management plans for the sustainable exploitation of the species and its content.

    - Information on legal or official initiatives related to:

    1. distribution and sharing of economic benefits from the extraction of specimens of the target species among local communities, and
    2. the application of conservation actions with the species6.

    The above information would have to be accompanied by the reference from which it came, indicating bibliographical sources, reports, consultation of experts or any other, to enable the CITES Scientific Authority to ensure the validity of such information.


    6http://s3.amazonaws.com/iucnredlist-newcms/staging/public/attachments/3099/redlist_cats_crit_sp.pdf

  • Does the opinion of the scientific authority have repercussions in other EU countries?

    The Spanish Scientific Authority communicates to the rest of European scientific authorities the conclusions of the NDFs that it issues, so that, in the framework of UE coordination, the rest of scientific authorities take them into consideration when making their own opinions. The guidelines for the application of Community rules on the trade of wild fauna and flora4 indicate that the issue of a negative opinion on an import by a Member State must be formalized as a suspension of imports throughout the whole European Union, following consultation with the Scientific Review Group (SRG).

    4http://ec.europa.eu/environment/cites/pdf/srg/guidelines.pdf