Dáil Éireann Debate, Tuesday - 7 November 2023
656. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage the measures his Department is taking to help an organisation (details supplied) with issues over bringing birds to and from Ireland as personal belongings; and if he will make a statement on the matter. [48108/23]
View answerThe Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) aims to regulate and monitor the international trade in certain species of animals and plants, and to ensure that trade does not threaten their survival in the wild. Ireland became a CITES Party in 2002 with the NPWS of my Department being the CITES Management Authority in Ireland.
The CITES Convention is legally binding and in the EU is implemented through Regulations known as the Wildlife Trade Regulations and through national legislation. All birds of prey are listed in CITES and the EU Regulations. This means that an import, export or re-export permit must be issued before any bird of prey enters or leaves the EU. In addition, for an Annex A bird of prey such as a peregrine falcon, an EU certificate, known as an Article 10 certificate, is required for commercial use.
Resolution Conf. 10.20 adopted by the Conference of the Parties to the Convention on the frequent cross-border movement of personally owned live animals specifies the recommendations and implementation of Personal Ownership Certificates. Personal Ownership Certificates include personally owned live animals that are based and registered in the owner's State of usual residence, in this case reflecting raptors and birds of prey. The resolution states that parties may issue a certificate of personal ownership and thus is not established in legislation. Personal ownership certificates (where used) can be used to facilitate travel with personally-owned live animals of species listed in Annexes A, B or C of the CITES Regulations, provided that those animals are held for personal non-commercial purposes only. A personal ownership certificate may be used more than once, providing that all conditions are met, thereby precluding the need for application for CITES permits each time an international border is crossed.
Under Council Regulation 338/97 on the protection of species of wild fauna and flora by regulating trade therein, Article 8(1) defines commercial activities as “the purchase, offer to purchase, acquisition for commercial purposes, display to the public for commercial purposes, use for commercial gain and sale, keeping for sale, offering for sale or transporting for sale of specimens”. In addition sale is defined as “sale shall mean any form of sale”. For the purposes of this Regulation, hire, barter or exchange shall also be regarded as sale. As these birds may be on display at shows – this may be seen as a “commercial activity” and therefore the personal ownership certificate would not be the appropriate instrument in this case, an import and export permit would be more pertinent as it involves commercial trade outside of the EU, more specifically in the UK.
Ireland as a Party to CITES is bound to the text of the Convention. Article XXIII (2) of the text states that any State may, on depositing its instrument of ratification, acceptance, approval or accession, enter a specific reservation with regards to any species included in Appendix I, II, or III. The CITES Management Authority of Ireland are not in a position to implement Res. Conf. 10.20 at this time. NPWS will however keep this matter under review and will engage further with relevant stakeholders as necessary.
