Endangered species
- Document symbol
- G/LIC/N/3/NOR/10
- Original language
- English
- Published on
- 27/04/2021
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
By virtue of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), of which Norway is a member, import of such species that are covered by the Convention are subject to licensing. CITES aims to ensure that no species are threatened with extinction as a result of non-sustainable international trade. Species covered by the Convention are listed in Appendices I, II or III, according to how threatened each species are by international trade. Relevant for the purpose of this questionnaire are import of species listed under Appendix I and II of the Convention, as import of such species into Norway require an import licence issued by the Norwegian Environment Agency, in addition to an export permit issued by the CITES authority in the state of exportation.
The CITES convention is implemented in the Norwegian legal system through Regulation on the import, export, re-export and transfer or possession of threatened species of wild flora and fauna (Convention on International Trade in Endangered Species, CITES) of 15 June 2018 No. 889, with statutory authority by
Law No. 79 of 15 June 2001 § 26 (2) (Svalbard Environmental Act, see http://lovdata.no/cgiwift/wiftldles?doc=/app/gratis/www/docroot/all/nl-20010615-079.html&emne=svalbardmilj%F8*&&)
Law No. 2 of 27 February 1930 § 2 (Act relating to Jan Mayen, see http://lovdata.no/cgiwift/wiftldles?doc=/app/gratis/www/docroot/all/nl-19300227-002.html&emne=jan*%20%2b%20mayen*&&;
Law No. 100 of 19 June 2009 § 2 and § 26 (Nature Diversity Act, see https://lovdata.no/dokument/NL/lov/2009-06-19-100/KAPITTEL_3#%C2%A726);
Delegation of authority of Regulation No. 889 of 15 June 2018 § 31 regarding adjustments of Appendices I, II and III to the Norwegian Environmental Agency.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The Convention establishes a system for cooperation between all State parties to the Convention with regards to all import, export, re-export and introduction from the sea of species covered by the Convention to be authorized through a licensing system. Products included in the licensing system are the species (and their by-products) listed in one of the three Appendices. The purpose of this coverage is:
(a) To place a strict limitation on trade in wild specimens and by-products of species classified as endangered, cf. Appendix I;
(b) To establish a system of monitoring of specimens and by-products susceptible to becoming endangered through a licensing mechanism, cf. Appendices I and II;
(c) To allow individual countries to exercise surveillance on importation in other countries specimens and by-products of species which are considered endangered by the exporting country only, cf. Appendix III.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to endangered species originating in and exported from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
See point 1 above. The licensing system allows importation in endangered species and their by products in internationally agreed circumstances.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
Is the licensing statutorily required?
See point 1 above law and administrative order under which the licensing is maintained. Endangered species are placed in Appendices I, II and III.
Does the legislation leave designation of products to be subject to licensing to administrative discretion? Is it possible for the government to abolish the system without legislative approval?
It is not possible either to make the regime more flexible or to modify the legal bases.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
How far in advance of importation must application for a licence be made?
An individual import permit is normally granted after a review period of 1-4 weeks provided the criteria for issuing a permit are met. Therefore, it is recommended that an application is submitted giving the CITES authorities reasonable time before the expected date of importation to review the application.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Import licences are usually not granted retrospectively.
Q7.b. Can a licence be granted immediately on request?
See Answer 7a
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Permit applications are processed by the Norwegian Environment Agency, which is the single administrative organ that the applicant needs to contact.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
An applicant for a licence may only be refused when the application fails to meet the ordinary criteria set out in the Convention.
Are the reasons for any refusal given to applicants?
If the criteria have not been met, the applicant will be informed of the reasons for refusal.
Have applicants a right of appeal in the event of refusal to issue a licence?
Yes.
If so, to what bodies and under what procedures?
In such event, an appeal may be forwarded to the Ministry of Climate and Environment.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Citizenship and residency are not criteria.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
What information is required in applications?
The applicant is required to provide information about the specific specimen of the species requested for import such as the origin of the specimen and the purpose for the request of import. The application form is to be found at https://soknadssenter.miljodirektoratet.no/CitesSkjema/Startside/Index?s%C3%B8knadstypeId=35
What documents is the importer required to supply with the application?
Documentation issued by the appropriate CITES authorities in the country of origin or in any subsequent re-exporting country authorizing export must accompany all applications. A product arriving in Norway without a duly authentic CITES export permit will not be cleared by Norway Customs and is subject to seizure.
Q11. What documents are required upon actual importation?
Documents required upon actual importation are both authentic CITES documents issued by the appropriate CITES authorities in the country of origin or in any subsequent re-exporting country authorizing export, and authentic CITES documentation issued by the Norwegian Environment Agency.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
No fees.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The validity of the CITES import permits is not subject to regulation.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
No.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.