TIR submits legal statement on amendment to the Federal Act on the International Trade in Endangered Species of Wild Fauna and Flora
In August, the Federal Department of Home Affairs (FDHA) opened a consultation on the amendment to the Federal Act on the International Trade in Endangered Species of Wild Fauna and Flora (BGCITES). In its legal statement, the Stiftung für das Tier im Recht (TIR) welcomes the intended tightening of sanctions and introduces additional amendments. In addition, we advocate greater consideration of animal welfare interests within the framework of species protection legislation.
November 22, 2019
By motion Barazzone 15.3958 "Illegal trade in endangered species. Stricter criminal sanctions", which was adopted by Parliament on
December 16, 2016, the Federal Council was instructed to tighten the
penal provisions of the Federal Act on the International Trade in
Endangered Species of Wild Fauna and Flora (BGCITES). On this occasion,
further selective improvements and updates of the law were undertaken.
The consultation process on this new draft was opened on August 14,
2019, and interested parties were invited to comment on it.
TIR
submitted its legal statement on the draft last Monday. In principle, we
welcome the amendments proposed in the draft. Above all, the tightening
of sanctions is of great importance in order to achieve a deterrent
effect in the area of illegal trade in protected wild animals and their
parts and products. Where appropriate, TIR put forward alternative
suggestions to the proposed statutory range of penalties and to the
power of prosecution.
Although not the subject of the draft, but a fundamental concern for TIR is a closer linkage between animal and species protection in the international wildlife trade. In TIR's opinion, animal and species protection law cannot be considered separately, because overlaps are real. This fact should be taken into account. In its legal statement, TIR therefore calls for these two areas of law to be more closely interlinked and proposes amendments to various provisions which would enshrine this interrelationship in law.
TIR hopes that its recommendations will be examined favorably and the draft will be adapted accordingly. TIR's legal statement can be consulted here (German).
Further information:
- Draft of the amendment of the Federal Act on the International Trade in Endangered Species of Wild Fauna and Flora (Initiation of the consultation process on August 14, 2019) (German)
- Explanatory report on the draft of the amendment of the Federal Act on the International Trade in Endangered Species of Wild Fauna and Flora (Initiation of the consultation process on August 14, 2019)(German)
- Federal Act on the International Trade in Endangered Species of Wild Fauna and Flora from March 16, 2012 (BGCITES) (German)