In order to protect plant and animal species threatened by extinction, the import, transit, export or re-export of protected species of wild fauna and flora requires a CITES permit which proves that their withdrawal is legal and compatible with the sustainability of the species concerned.
The European Regulation which applies to Luxembourg in this matter is based on the international convention CITES although its application is more restrictive.
- the Administration of agricultural technical services (Administration des Services Techniques de l'Agriculture - ASTA) with regard to the protected species of flora;
- the Administration of Veterinary Services (Administration des Services Vétérinaires - ASV) with regard to the protected species of fauna.
Who is concerned
The following bodies are required to have a CITES permit to import or export animals or plants from species who are protected by the CITES convention:
- each undertaking involved in the trade of such animals or plants;
- each body involved in the public exhibition of such animals or plants;
- each body involved in non-commercial cross-border movement of such animals or plants;
- each scientific research centre using such animals or plants within the framework of their research.
Each private individual involved in the import, export or transit of such protected animals or plants must also have a CITES permit.
A CITES permit is required for the import or export of living or dead animals or plants, as well as of parts or products from these species (e.g. ivory).
The species concerned are listed in 3 categories, detailed in 3 annexes, depending on the threat of extinction to which they are exposed:
- annexe A lists the species in immediate danger of extinction. International trade in these species is completely banned (except if otherwise provided for by Regulation 338/97 art. 7 and art. 8 point 3);
- annexe B lists the species in danger of extinction in the short term. Trading in these species is strictly regulated and subject to the granting of permits and authorisations;
- annexe C describes the species declared in danger in one or more countries (e.g. the walrus in Canada or the Sacred Ibis in Ghana).
In order to access the online application, you will first need:
- a certification for your business eSpace by the Administration of agricultural technical services (for the flora), or;
- a certification for your business eSpace by the Administration of Veterinary Services (for the fauna).
To have your business eSpace certified, you must attach:
- a certification from the employer specifying that the employee has power of signature and acts in the interest and on behalf of the company (scanned document in PDF format);
- a copy of the company's business permit (scanned document in PDF format).
Applicants are requested to submit their application to the Administration of agricultural technical services (ASTA) or the Administration of Veterinary Services (ASV) at the latest 25 workdays before the export/import of such products.An additional validation deadline is required when it becomes necessary to verify the country of origin or when the competent scientific authority under the Ministry of Sustainable Development and Infrastructure ( ministère du Développement durable et des Infrastructures - MDDI) has to intervene in the case of species listed in annexe A and, where applicable, in annexe B.
How to proceed
Submitting the application
Depending on whether it concerns protected species of flora or fauna, applicants are required to submit the following via MyGuichet:
- an application for a CITES permit for the import, export or re-export of protected species of flora to the Administration of agricultural technical services;
- an application for a CITES permit for the import, export or re-export of protected species of fauna to the Administration of Veterinary Services.
Applicants must add to their application:
- for imports:
- either a CITES export permit from the country of origin;
- or a CITES re-export permit from the country of provenance;
- for exports: a proof of legal purchase of the merchandise;
- for re-exports:
- a proof of acquisition of the merchandise;
- a copy of the CITES import permit;
- where applicable, one or more intra-Community sales certificates enabling traceability;
- a power of attorney attesting that the applicant can act for and on behalf of another company, where applicable;
- the list of official markings in the case of caviar.
Conditions for denial
Applications for species listed in annexe A and annexe B can be denied in the case of a reasoned negative opinion from the consulted scientific authority.