Case C-510/99, Procureur de la République v. Xavier Tridon

Introduction:

Many species of wild flora and fauna are threatened with extinction. Changes in land-use, population pressure, trade in particular products like ivory or skins and trade in living species all contribute to this threat. Almost 30years ago the Convention on international trade in endangered species of wild flora and fauna (CITES) was concluded in Washington. At present, 158 States are party to this Convention. Although one would expect that as a result of increased knowledge about the threats to biodiversity, the demand for specimens of such endangered species, or products made thereof, would decrease, the opposite seems to be true.

The trade in exotic birds or reptiles for keeping as pet for instance, seems to have increased over the recent years. The parties to CITES, individual States and the European Community try to get a grip on this trade. One aspect of the problem concerns the fact that an industry has emerged based on the breeding in captivity or the artificial propagation of endangered species of wild flora and fauna. If one wishes to protect species occurring in the wild by adopting trade restrictive measures, one must take account of the fact that the specimens taken from the wild cannot be distinguished from those bred in captivity.

Various measures can be adopted to achieve an effective level of protection. On the one hand, one can completely prohibit trade in and commercial use of endangered species, including captive-bred animals or artificially propagated plants. On the othe rhand, one can try to separate the trade in wild specimens from those that are bred or grown in a controlled environment, for instance by establishing a monitoring and inspection system together with a system of certificates and the marking of captive bred animals. That these differences in approach canlead to legal dispute becomes clear in the case of Mr Tridon.