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Obowiązujące regulacje prawne dotyczące kontroli obrotu ginącymi gatunkami roślin i zwierząt zawarte w Konwencji Waszyngtońskiej (CITES), prawie unijnym oraz ustawodawstwie polskim

100%
Chackiewicz M.
Roczniki Wydziału Nauk Prawnych i Ekonomicznych KUL
|
2008
|
vol. 4
|
issue 1 Prawo
233-250
EN
According to the increasing problem of endangered Species of Wild Fauna and Flora all over the world, it was highly necessary to stop it immediately by means of proper regulations and legislative system. As the example of working it out and achieving it, was issuing the appropriate principles. There are international agreements which covered a lot of species with the protection in the continent and worldwide, for instance: The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which was signed in 1973, aims to ensure that international trade in specimens of wild animals and plants does not threaten their survival. There were many countries that joined the Convention as parties of agreement, Poland was one of them (12.12.1989). The government's statement and the convention's text was published in the Official Journal No 27, 112, 113 of 4 April 1991. Holding conferences every two or three years seems to be the most important aspect of cooperation among CITES Convention parties of agreement. There have been 14 meetings arranged so far, their dates and venues are mentioned in the article. European Community issued regulations concerning the control of Trade in Endangered Species of Wild Fauna and Flora as follows: 1) Council Regulation (EC) No 338/1997 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, 3.3.1997, p. 1–69). 2) Commission Regulation (EC) No 407/2009 of 14 May 2009 amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 123, 19.5.2009, p. 3). 3) Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 166, 19.6.2006, p. 1–69). 4) Commission Regulation (EC) No 100/2008 of 4 February 2008 amending, as regards sample collections and certain formalities relating to the trade in species of wild fauna and flora, Regulation (EC) No 865/2006 (OJ L 31, 5.2.2008, p. 3. 5) Commission Regulation (EC) No 359/2009 of 30 April 2009 suspending the introduction into the Community of specimens of certain wild fauna and flora (OJ L 110, 1.5.2009, p. 3). Polish legislative system issued regulations concerning the given subject as follows: Act of 16 April 2004 on the protection of wild fauna and flora (OJ 92, 880) Act of 3 October 2008 on modification of the protection of wild fauna and flora act (OJ 13 November 2008 No 201, 1237). The regulations concerning the control of Trade in Endangered Species of Wild Fauna and Flora are being updated and altered all the time due to e.g. species status classification. Summarizing income from smuggling and illegal trade in Endangered Species of Wild Fauna and Flora is estimated to be close to the illegal trade in weapon or drugs. The figures highlight how big the problem is. Simultaneously the punishment for the infringements and crime in trade of Endangered Species of Wild Fauna and Flora is relatively low to the punishment for drugs or weapons.
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