CBD and CITES for Gardens

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ReportPresentationSummary

This workshop considered the opportunities and challenges for gardens in delivering the objectives of the Convention on Biological Diversity and the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Madeleine Groves outlined how CITES is implemented in the European Union and managed in the UK, Kew’s role as UK CITES Scientific Authority for plants, and when permits are required. Annexes A, B, C and D apply to movement of plants in or out of the EU; appendices I, II and III are relevant when moving plants elsewhere. She explained which plants are regulated by CITES; and what’s on the annexes and how to interpret the annotations; as well as the commercial use of Annex A material. A garden or herbarium can become a Registered Scientific Authority; under some circumstances, they may then be able to use labels issued by CITES Management Authorities instead of formal export permits (this system is designed to ease the exchange of specimens between institutions, organisations, and individuals, for non-commercial purposes). Relevant information on plants is within the animal health section on the Defra website (see URL below) and they will give you advice.

Guy Clarke, from the UK Border Agency, told us about some of the interceptions by the CITES team at Heathrow Airport, and what to do to ensure compliant import and export of plants. Apply for the required permits well before the plants are to arrive in the UK, but remember that permits are only valid for 6 months.

Natasha Ali spoke about the ‘grand bargain’: equitable sharing of benefits arising out of the use of genetic resources, in relation to ex situ collections. Under the CBD, biological resources belong to the states on whose territory they are found. The implications when planning fieldwork or a collecting expedition were discussed, as well as acquisition agreements for exchanging plants. If you are offered a plant collection, you need documentation to show its origin and that it was legally collected.

There was a lot of detail in the presentations. See the PlantNetwork website for these and associated links, information and discussion. It is important that the scientific and horticultural community takes the lead in applying the principles of justice and equity enshrined in the CBD.

CITES

  • Within the EU, CITES is administered differently to the rest of the world: The appendices of CITES (I, II & III) are re-defined as Annexes (A, B, C, D). These often differ, take care!
  • Annex A listed species – Every part of the plant, including its derivatives are regulated.
  • Annex B listed species – All parts of the plants except derivatives are regulated.
  • Annex A & B listed species require export AND import permits.
  • Annex D comprises plants for which a licence must still be obtained, even though they are not CITES species – EU is tracking the scale of trade. Be aware that there are many unexpected species on this list, including Menyanthes trifoliata (Bogbean).
  • UK Overseas territories, unlike French Overseas Territories, require permits.
  • CITES Permits cost £59 per genus!
  • A Garden or Herbarium can become a Registered Scientific Institute, which makes the above free. Must produce an annual report however.
  • Proof of Origin of material is essential, manuscript material must be carefully filed – you must be able to prove all your CITES specimens were legally obtained.
  • The only grounds for transferring CITES listed material is through the non-detriment clause.
  • Read the Annex lists on the Defra website.
  • The Annexes are annotated with three different sets of numbers, read and understand these for any plants you are interested in moving.
  • Displaying CITES species is akin to commercial use, any use of an Annex A specimen dead or alive, or even photographic (i.e a postcard!) requires a license (Article 10 for an individual; Article 60 for an institution).
  • Be aware that CITES permits can be forged by suppliers – check with care, YOU will be held accountable.

CBD

  • The Convention on Biological Diversity is really very straightforward – biological resources belong to the states on whose territory they are found.
  • It is important that the scientific and horticultural community takes the lead in applying the principles of justice and equity enshrined in the Convention on Biological Diversity.
  • Access to genetic material can be given in exchange for equitable sharing of the Benefits (Access and Benefit Sharing – ABS).
  • Herbarium specimens are seen as a low risk activty, seeds are obviously high risk.
  • Take a practical approach (Collecting Expeditions):
    • Have a clear work plan (Prior Informed Consent).
    • Check ABS requirements. (National Focal Points, ABS measures database – both on CBD website)
    • Work with local partners. (Embassies or colleagues/other Botanic Gardens who have worked in the county previously)
    • Set out Benefit sharing, and Mutually Agreed Terms (MAT).
  • Be aware that local researchers often do not require permission and may not be fully aware of restrictions on overseas workers. Be aware that penalties in some countries may be severe.
  • Also remember that there may be many levels of permission: national and regional authorities, landowners, indigenous people.
  • Donations of plants to your collections:
    • At Kew, all donors (especially those from private collections) are asked to sign a donation letter confirming:
    • The material wass collected legally (attaching proof)
    • Copyright in the associated data is assingned to Kew
    • A list of what the material is
    • An understanding of the use to which the material will be put (Scientific research, display, education etc,)
  • All plant exchanges need to be undertaken with an understanding of acquisition terms, the use it will be put to, and subsequent supply to a third party – Material Supply Agreements should be signed for all plant transfers (Kew’s Material Supply Agreement for DNA).
  • The Principles on Access to Genetic Resources & Benefit-sharing are an interim measure until the legal issues surrounding ABS are settled.
  • The International Plant Exchange Network (IPEN) provides a system for the exchange of non-commercial plant material between botanic gardens, based on the CBD.
  • The Swiss guide to ‘Access and benefit sharing: Good practice for academic research on genetic resources’ is a useful document outlining how Scientists can comply with the CBD.
  • All agreed terms need to be tracked with the material (you need a good records system!)
  • Long-term ABS agreements might be entered into with Government partners in the case of High-risk (living plant transfers). Or a Memorandum of Understanding could be signed between Institutions where Herbarium specimens (low risk) are being exchanged.