We say goodbye to the old 2016 and welcome the new year and also a novelty.
Not wanting to create alarmism, the CITES, which for those who don't know what it is is the acronym for Convention on International Trade of Endangered Species which for non-English speakers can simply be translated as Convention on International Trade in Endangered Species, has recently issued a new directive concerning the rosewood and bubinga.
For those who do not chew this type of topics we will try to be exhaustive, for particular types of materials such as animal skins, exotic animals or ivory or particularly rare woods there is a legal process that regulates the import of these exotic materials within the European Union.
What types of regulations are we facing?
- It is forbidden to import, (re) export, transport, sell, display and hold specimens protected by CITES that do not have specific permits. Specific sanctions, including of a criminal nature, are provided for by national legislation in the event of violations of the Convention and Community Regulations.
- It is possible to import and / or (re) export animals and plants, their parts and derivative products included in the Appendices of CITES and in the Annexes of the Community Regulations only if authorized. In fact, permits are required that contain precise data in reference to the species to be moved (example: date of issue and validity, scientific and common name of the species, exact description of the goods and the details of the origin / provenance of the same, etc. ). In Italy, certificates are issued by the State Forestry Corps and the Ministry of Economic Development.
- At 23 of the Italian customs offices i are present CITES Operational Units of the State Forestry Corps for the control and product verification of shipments of animals and plants protected by CITES.
- There are hundreds of animal and plant species whose trade is prohibited and tens of thousands of those regulated by CITES and related international, community and national legislation. Parrots, monkeys, reptiles, cacti, orchids as well as ivory objects, tortoise shells, stuffed animals, cat skins and many other specimens are thus protected.
- It is recommended to pay close attention before buying and importing live specimens or derivatives of species protected by CITES. If you do not have the necessary authorizations, you could incur an administrative sanction or a criminal complaint, pursuant to current legislation.
- The latest update to the list of protected species pursuant to Regulation (EC) no. 338/97 is contained in Reg. (EC) no. 101/2012 currently in force
(Source: State Forestry Corps website)
Based on the species to be protected and the degree of control to be applied, there are four types of attachments.
- Annex A: includes the species listed in Appendix I of the CITES and some other species of Appendix II inserted according to different criteria (rarity, commercial pressure of use, similarity with Appendix I species, presence in the wild on the Community territory);
- Annex B: substantially includes the species listed in Appendix II of the CITES (except those included in Annex A), the species in Appendix I for which a reservation has been made, other species included according to different criteria, such as international trade volume which could be incompatible with the survival of the species or some populations, or - of extreme ecological importance - the species for which it has been established that the introduction of live specimens into the natural environment of the Community could constitute a danger ecological for similar indigenous species;
- Annex C: includes the species of Appendix III of the CITES, different from those of Annexes A and B, especially of Appendix II of the Convention for which a reservation has been made;
- Annex D: includes some species for which the importance of the volume of Community imports justifies a control and especially of Appendix III of the Convention for which a reservation has been made. The creation of this Annex D is extremely important because listing non-CITES species for which import levels must be controlled constitutes an important contribution to the precautionary principle.
(Source: State Forestry Corps website)
Now, this list is updated and can be consulted in the Journal of the European Union under the law 338/97 and allows anyone to know which elements do not infringe the convention of Washington, which regulates these transactions import / export, and according to the various types of operation, regulation must be carried out.
Those who have been trading wood for years will already be more familiar with the practices and attachments (A & B) that deal with these issues, but what changes for the end user?
It changes that apparently both of these woods, used for many years for the construction of guitars, must be regularly registered at the Cites office. nearest and in case of sale or movement of the instrument outside the XNUMX-XNUMX business days the instrument must be accompanied by an accompanying document that acts as a guarantee on the regularity of the acquisition of the aforementioned.
What are the risks of those who sell or buy without a regular document?
Violations of the provisions of the Convention and Regulation (EC) no. 338 of 1997 are punished with the sanctions provided for by the law of 7 February 1992, n. 150 integrated and amended by law 59/93 and by Legislative Decree 275/01 which, in addition to providing for specific sanctions for crimes of violation of CITES regulations, indicates precise measures to regulate the possession and trade of the species.
Under this law, it is prohibited to import, export or re-export, sell, exhibit and hold live specimens, dead as well as their parts and products derived from the species listed in Appendix I, II and III that do not have regular permits.
Law 150/92 configures non-observance of the aforementioned prohibitions as crimes and penalizes them witharrest or l 'amends and, always, with the confiscation of the specimens or products. Article 8 entrusts the State Forestry Corps with monitoring the application of the legislation that is carried out by the Operational Units set up at the authorized customs offices and the CITES Territorial Services.
Administrative sanctions and specific exceptions to the prohibition of detention in the absence of suitable documentation are envisaged only for objects that are personal effects.
(Source: State Forestry Corps website)
What can we expect, a rise in prices or just a bureaucratic woodiness?
Currently the Dismamusica association is activated through a chat on their website active every day from 12 to 13 while for other times it is possible to leave an email using the appropriate form to get information and we will make sure you keep users informed on the matter.
