1 - PEACE Institute Charitable Trust

1 - PEACE Institute Charitable Trust 1 - PEACE Institute Charitable Trust

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CITES UPDATE CoP for ensuring that CITES budget approved at the CoP is not only cost effective but also incorporates cost saving measures. It is also imperative that all Parties are prompt in making their committed annual contributions to the CITES Trust Fund. It is heartening to note that the performance of Parties in South Asia in making timely contributions to the CITES Trust Fund has improved considerably over time. Congratulations. Wishing all our patrons a VERY HAPPY NEW YEAR 2006 Manoj Kumar Misra Glossary of technical terms (Here we explain in simple language selected technical terms relating to the Convention which require better understanding – Editor) ‘Pre – Convention Specimens’ Any specimen which pre dates the Convention coming into force in 1975 is termed pre – Convention Specimen in the event of its entering later an international commercial transaction. It is thus termed since the relevant provisions of the Convention would not get attracted in respect of it. Paragraph 2 of Article VII of the Convention deals with a pre-convention specimen as under: ‘Where a Management Authority of the State of export or re export is satisfied that a specimen was acquired before the provisions of the present Convention applied to that specimen, the provisions of Articles III (Trade in specimens of Appendix I species), IV (Trade in specimens of Appendix II species) and V (Trade in specimens of Appendix III species) shall not apply to that specimen where the MA issues a certificate to that effect.’ In order to prevent misuse of preconvention specimen clause and to clarify related issues the matter has been debated and resolved at various CoPs (Conf. 4.11 and Conf. 5.11) CITES News The 54 th meeting of the CITES Standing Committee (SC) has been scheduled from 2-6 October 2006 at Geneva (Switzerland). (The performance of most CITES Parties from South Asia in relation to progress made by them in respect of domestic CITES legislation would come up for review at the said meeting of SC – editor) CITES CoP 14 is fast approaching The CITES CoP 14 has been scheduled to be held from 3-15 June 2007 in Netherlands. (Now while 2007 may seem remote at this point of time, in view of the fact that a Party wishing to submit any proposal for consideration at the CoP need submit the same at least 150 days in advance of the start of the CoP, June 2007 is not that far away – editor). CITES Notifications (Here we carry the operational part of such notifications issued by the CITES Secretariat that bear relevance to the Parties in South Asia – Editor) Notification No. 2005/067 dated 8 December 2005 deals with Training presentations The Secretariat has sent to the Parties two copies of an ID-ROM (card sized CD-ROM) with training presentations on CITES. It contains 16 training presentations in PowerPoint format, the text of the Convention, CITES Appendices I, II and Issue No. 1 of Vol. II 2

CITES UPDATE III (valid from 23 June 2005) and the standard CITES export/import permit and re export certificate. The PowerPoint presentations include an introductory section and cover the following topics: Definitions, roles of CITES Authorities, role and function of the Scientific Authority, permits and certificates, special procedures, reading the Appendices, using the Appendices, science, non-detriment findings and data, role of quotas in CITES, trade with non-Parties, permit management systems, filling in permit forms, reservations and plants. The Secretariat is aware that a number of non-governmental organizations now offer CITES related training to CITES Parties. Having reviewed some of the presentations used in such training, the Secretariat is concerned that in some cases it appears that out-of-date or incorrect advice is provided. The Secretariat wishes to remind Parties that CITES training conducted by nongovernmental organizations using materials other than those distributed by the Secretariat or by a Party may contain incorrect or biased interpretation of the Convention. Nevertheless, the Secretariat encourages non-governmental organizations to support CITES capacity building efforts, and is willing to work with such organizations wishing to develop CITES training materials, to ensure the accuracy of these materials. The Secretariat has also updated the CD- ROM training programme for Customs. Two copies of this CD-ROM are provided with the present Notification. Additional copies of the above-mentioned ID-ROM and CD-ROM are available on request from the Secretariat. Notification No. 2005/069 dated 8 December 2005 deals with Implementation of Resolution Conf. 12.8 (Rev. CoP13) regarding suspension of trade with specific Parties (Recommendations of the Standing Committee) As part of the Review of Significant Trade, the Animals and Plants Committees regularly make recommendations to States to ensure that trade in specimens of Appendix-II species is not detrimental to them. If Parties fail to implement the recommendations, or fail to submit the necessary information to the Secretariat, the Standing Committee may recommend that all Parties suspend imports from the States concerned of specimens of a particular species. Over 20 States are currently affected by such recommendations for suspension of imports. These States, and the species involved, are listed on the CITES website in the section ‘Resources/Trade suspensions’. It appears, however, that there have been a number of instances where Parties have not implemented such recommendations. This has led to a situation where the offspring of specimens obtained against the Standing Committee’s recommendations are also now being traded internationally. The Secretariat understands that, in some cases, imports of such specimens may have occurred inadvertently; for example, border control agencies may not have been aware of the recommendation when shipments were presented for import or Management Authorities may have failed to recognize that such recommendations Issue No. 1 of Vol. II 3

CITES UPDATE<br />

CoP for ensuring that CITES budget<br />

approved at the CoP is not only cost<br />

effective but also incorporates cost saving<br />

measures.<br />

It is also imperative that all Parties are<br />

prompt in making their committed annual<br />

contributions to the CITES <strong>Trust</strong> Fund. It<br />

is heartening to note that the performance<br />

of Parties in South Asia in making timely<br />

contributions to the CITES <strong>Trust</strong> Fund has<br />

improved considerably over time.<br />

Congratulations.<br />

Wishing all our patrons a VERY HAPPY<br />

NEW YEAR 2006<br />

Manoj Kumar Misra<br />

Glossary of technical terms<br />

(Here we explain in simple language selected<br />

technical terms relating to the Convention which<br />

require better understanding – Editor)<br />

‘Pre – Convention Specimens’<br />

Any specimen which pre dates the<br />

Convention coming into force in 1975 is<br />

termed pre – Convention Specimen in the<br />

event of its entering later an international<br />

commercial transaction. It is thus termed<br />

since the relevant provisions of the<br />

Convention would not get attracted in<br />

respect of it.<br />

Paragraph 2 of Article VII of the<br />

Convention deals with a pre-convention<br />

specimen as under:<br />

‘Where a Management Authority of the<br />

State of export or re export is satisfied<br />

that a specimen was acquired before the<br />

provisions of the present Convention<br />

applied to that specimen, the provisions of<br />

Articles III (Trade in specimens of<br />

Appendix I species), IV (Trade in<br />

specimens of Appendix II species) and V<br />

(Trade in specimens of Appendix III<br />

species) shall not apply to that specimen<br />

where the MA issues a certificate to that<br />

effect.’<br />

In order to prevent misuse of preconvention<br />

specimen clause and to clarify<br />

related issues the matter has been<br />

debated and resolved at various CoPs<br />

(Conf. 4.11 and Conf. 5.11)<br />

CITES News<br />

The 54 th meeting of the CITES Standing<br />

Committee (SC) has been scheduled from<br />

2-6 October 2006 at Geneva<br />

(Switzerland).<br />

(The performance of most CITES Parties from South<br />

Asia in relation to progress made by them in respect<br />

of domestic CITES legislation would come up for<br />

review at the said meeting of SC – editor)<br />

CITES CoP 14 is fast approaching<br />

The CITES CoP 14 has been scheduled to<br />

be held from 3-15 June 2007 in<br />

Netherlands.<br />

(Now while 2007 may seem remote at this point of<br />

time, in view of the fact that a Party wishing to<br />

submit any proposal for consideration at the CoP<br />

need submit the same at least 150 days in advance<br />

of the start of the CoP, June 2007 is not that far<br />

away – editor).<br />

CITES Notifications<br />

(Here we carry the operational part of such<br />

notifications issued by the CITES Secretariat that<br />

bear relevance to the Parties in South Asia – Editor)<br />

Notification No. 2005/067 dated 8<br />

December 2005 deals with Training<br />

presentations<br />

The Secretariat has sent to the Parties two<br />

copies of an ID-ROM (card sized CD-ROM)<br />

with training presentations on CITES. It<br />

contains 16 training presentations in<br />

PowerPoint format, the text of the<br />

Convention, CITES Appendices I, II and<br />

Issue No. 1 of Vol. II 2

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