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REGULATIONS AND LEGISLATIONS






WORLD LEGISLATION


C.I.T.E.S.
(Convention on International Trade in Endangered Species of Wild Fauna and Flora)

The word CITES is the acronym of "Convention on international trade in species of wild fauna and flora threatened with extinction". It is usually called, for short, "The Washington Convention".

The commercial exploitation, along with the destruction of the natural environment made by man, is one of the main causes of extinction for a large amount of plant and animal species; so, the governments of almost all countries of the world have found an international agreement (signed in 1960 and entered into force in 1975) in order to monitor, in fact, exchange for profit of animals and plants in danger.

CITES belongs to the activities of the United Nations Environment Programme (UNEP) and is now an integral part of the legal system of 175 countries in the world. The Convention lists animal and plant species at risk of extinction, and the list is updated on a periodic basis by a committee of biologists and researchers from around the world.

The species at risk of extinction taken into account in the CITES Appendices are divided into three Appendix:

Appendix I: contains the list of species subject to severe threat of extinction whose trade is strictly prohibited, except when being used for scientific research purposes.

Appendix II: contains the list of species whose trade is regulated and closely monitored in order to avoid any utilization incompatible with their survival. The specimens included in this appendix may be marketed only if accompanied by an appropriate paper.

Appendix III: contains the list of species reported by individual member states of the Convention in order to regulate trade and exports from their territories.

For more information visit the CITES website:

> www.cites.org (Home page)
> www.cites.org/eng/app/appendices.php (Appendix I-II-III)



NEW: Notification of the Secretariat n. 2013/012 of 19/04/13. Amendments to Appendices I and II of the Convention adopted by the 16th Conference of the Parties, held in Thailand from 3 to 14/03/13. Into force for the States Parties to the Convention on Third Party since 12/06/13.

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EUROPEAN LEGISLATION


The European Union, because of its territorial extension and its level of modernization, is one of the most important markets of destination and exchange of goods, including animals and plants. The EU has therefore decided to implement CITES regulations by acquiring Regulations that, for certain species, are also more restrictive than CITES.

Those are the Regulation (CE) n. 338/97 of 09.12.96 amended and supplemented by Regulation (CE) n. 750/13 of the Commission of 29.07.13. In Europe, the species at risk are divided into four Annexes:

Annex A: includes the list of species included in Appendix I to CITES and for which no European state has advanced reservations, or all species threatened with extinction which are currently the subject of international trade. It also includes some species listed in Appendix II of CITES to which the EU member states have deemed it necessary to strengthen the protection measures.

Annex B: includes the list of species listed in Appendix II of CITES, except those listed in Annex A; further includes the species listed in Appendix I of CITES and for which at least one Member State has made a reservation. Additionally, it includes all species not included in the CITES Appendices I and II for which at least one Member State has requested monitoring the volume of international trade, as these may not be compatible with the protection of the population. In all cases, they are species whose introduction into the wild European does not constitute an ecological threat.

Annex C: includes a list of the species listed in CITES Appendix III other than those listed in Annexes A or B, for no member state has expressed reservations, also includes the species listed in Appendix II of CITES for which at least one member state had reservations.

Annex D: includes species that are not listed in Annexes A-B-C for which the volume of imports into the European Community requires some form of control, also includes the species listed in CITES Appendix III for which at least one Member State has made a reserve. .

For more information see the following documents:

> Regulation (CE) n.338/97 of 09/12/96
> Regulation (CE) n.750/13 of 29/07/13



ATTENTION: With the Implementing Regulation (UE) 578/2013 of 17/06/13 the European Commission has completely suspended the introduction into the Europe of specimens of certain species of wild fauna and flora.

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ITALIAN LEGISLATION


In Italy the implementation of the Washington Convention is entrusted to various ministries: Ministry for the Environment, Land and Sea, Ministry of Economic Development and Ministry of Agriculture and Forestry. In particular, the last one plays a key role, according to the current legislation, through "CITES Service" of the State Forestry Corps: it takes care of certificates issuing and technical-specialistic control for compliance with the Convention.

The Italian law D.M. 03/05/01 (Ministry of Environment and Ministry of Agriculture and Forestry), subsequently replaced by D.M. 08/01/02, makes it mandatory to register of possession of specimens of species of animals and plants danger of extinction. The registry refers to specimens alive or dead, of animal and plant species and parts of plants and animals, including Annexes A and B to Regulation (EC) n. 338/97 of the Council of 09.12.96 and subsequent implementations and modifications.

For more information see the following documents:

> D.M. 08/01/02
> Explanatory circular for the D.M. 08/01/02

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HOW WE WORK





In full compliance with Italian law, SeedsCactus.com is in possession
of the Official Register for Detention Plant Species included in
Annexes A/B and Appendices CITES I-II of Regulation (CE)
n.338/97 of 09/12/96 and subsequent amendments.
Register n.000003/2001/VAB issued by the State Forestry Corps.



All our suppliers of cactus seeds are allowed to possess and trade species listed in the CITES Appendices A-B and Annexes I-II of the CE Regulations. They are also allowed to trade in artificially propagated plants and seeds and are able to document this occurrence.

SeedsCactus.com buys and sells seeds that are part of the above lists only and exclusively within the countries belonging to the European Economic Community. In this context, it is enough to show that the seeds subject to special regulations and/or restrictions come from artificially propagated plants. SeedsCactus.com reminds all customers to print the order summary and the payment receipt (an invoice is issued upon request) of purchases containing the information required and ensure immediate updating of the Register.

At the moment, for organizational issues, we do not make commercialization of cacti and succulent seeds outside the EU. Therefore, the website prevents the completion of the purchase to users with shipping address outside the European Union.

We give you the possibility of a free consultation for any questions, clarifications or requests for information about the legal and administrative aspects of the legislation. Send an email to Info.


SeedsCactus.com adopts and approves the code of conduct presented by the IOS (International Organization for Succulent plant study) on the 17th World Congress of Frankfurt, which is given here in full:



We invite collectors not to buy imported plants that deplete the source environment: a natural heritage that belongs to everyone. These plants, bring to a home, often do not survive as they can't acclimatize and, at best, are deformed and never flourish if they do so stunted. The road to follow is that of sowing, which although slow is bestower of great satisfaction. Those who are not able to sow can buy plants from nurseries whose seriousness is known but only if the specimen for sale are derived from artificial reproduction.

To the Collector in the Field

Before collecting anything:
- DO acquaint yourself with CITES and national and state controls, and find out which species are protected;
- DO obtain all necessary permits, both for collecting and for export and import to other countries;
- DO notify interested local organizations of your intentions.
Then:
- DO strictly observe restrictions on what may be collected (which species, how many specimens, what kind of material);
- Where possible, collect seed, offsets or cuttings, not the whole plant;
- DO leave mature plants for seed production. They are needed to perpetuate the wild population, and are unlikely to transplant successfully;
- DO collect discreetly; Don't lead local people to believe the plants are valuable, or encourage or pay them (or their children) to collect for you;
- DO make careful field-notes, including precise locality, altitude, type of vegetation and soil, date of collection and your own field number;
- Try to assess the number of individuals and extent of the population, the amount of seed-setting and the frequency of seedlings;
- DO note possible threats to the habitat, e.g. through grazing, drainage or cultivation, urban spread or road-widening;
- DO take photographs and/or preserve representative herbarium material. Submit this material, with a copy of your notes, to an appropriate institution or organization.
- DON'T underrate the value of your field observations: carefully recorded they will be a useful contribution to science and to conservation.
IF... you plan to collect in commercial quantities, don't.
IF... you plan to sell any of the plants you collect to defray the cost of your trip, don't.
IF... you plan to collect for research or study obtain the agreement (and preferably the collaboration) of competent scientific authorities, such as a government agency or university department, in the host country.
IF... you think "two or three plants won't be missed", remember someone else may be thinking the same tomorrow, and the next day, and the next...

To the Importer, Private or Commercial

- Don't import wild plants, even if legally permitted, except as a nucleus for propagation and seed-production. And then:
- Do check the credentials of suppliers offering wild plants and satisfy yourself they are "legal";
- Do observe international and national export/import regulations.

To the Nurseryman

- Do sell nursery-raised or propagated material only; don't advertise or sell un-propagated wild plants under any circumstances, even when legally permitted to do so.
- Do try to propagate all rare or documented material and distribute it to recognized IOS Reference Collections.
- Do keep more than one clone of rare species, even self-fertile ones, for seed production.
- Do keep careful records of the origin of all stock, especially any with collectors' numbers or locality data, and pass on the information to interested purchasers.

To the Grower/Collector at Home

- Do make successful cultivation your prime objective, not the size of your collection or rarity of the plants.
- Don't buy any plant unless you are sure it was nursery-grown; remember that your choice will influence the seller's market.
- Don't buy wild-collected plants even if with the aim of saving the "individual". We want to save the species, not the specimen. Only when importers see their wild-collected plants rotting because nobody buys them they will stop the import of wild-collected plants.
- Do enjoy the satisfaction of raising from seed. Some of the rare or "difficult" species will test your skill and patience, but reward your success accordingly!
- Do record when and from whom you got your plant/seeds, and ask your source for any data: collector's numbers, locality, and so on: all just as vital, to the serious enthusiast, as the name on the label.
- Do try to propagate rare and documented material and distribute it to other enthusiasts. It's the old proverb: To keep- a plant, give it away!
- Do notify the IOS secretary if you suspect a supplier is infringing legal controls.

To the Society and Club

- DO endorse the precepts of this Code of Conduct, as a guide for responsible and conscientious behaviour.
- DON'T permit wild plants to be advertised for sale in your publications, either openly or by hints.
- DO publicize national and international regulations on the export, import and sale of wild plants.
- DO sponsor or support national and international measures to protect the habitats of rare and threatened species.
- DO inform the competent authorities of any suspect sale of collected plants. If you know of people travelling to countries where succulents grow wild, with the intention to collecting, inform the competent authorities; the best way to stop habitat exploitation by collectors is to catch them at the port of entry with the plants in hand.

To the Show Committee and Judges

- DO include in the schedule some classes for plants raised from seed by the exhibitor.
- DON'T permit species protected by CITES Appendix I to be shown in competitive classes, except as seedlings or other propagations raised artificially.
- DO make a policy of giving preference to well-grown seedlings over field-collected plants. Check that obvious or suspected "imports" are properly rooted and established

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