National laws for implementation of the Convention
Directed to Parties
All Parties referred to in Annex 5 to these Decisions1 should provide to the Secretariat copies of all relevant new legislation and, where applicable, a translation of this legislation into one of the three working languages of the Convention.
a) Parties and overseas territories identified in Decision 11.172 should submit a "CITES Legislation Plan" to the Secretariat by 31 March 2003.
b) The CITES Legislation Plan should include the agreed steps needed for each Party to adopt adequate legislation by 30 June 2004. It should specify the entire legislative process from the date the proposed legislation is drafted until the date it is signed, published in the official gazette and sent to the Secretariat in one of the working languages of the Convention. It should include:
i) the legal form of enactment (legislative or regulatory);
ii) the precise scope and content of the proposed legislation;
iii) the schedule for transmittal of the draft legislation to the Secretariat for comments;
iv) the legislative and administrative steps that must be taken to adopt the legislation; and
v) the time in which the Party can achieve the proposed form of enactment in accordance with its own legal system (time-frames for initiating and completing each stage of the law-making process).
c) Parties that are preparing national legislation to fulfil the requirements of the Convention may request technical assistance from the Secretariat.
Directed to the Standing Committee
With respect to Parties referred to in Decision 12.80 that have not complied with paragraph a), the Standing Committee shall consider appropriate measures, which may include restrictions on the commercial trade in specimens of CITES-listed species to or from such Parties.
The Standing Committee shall adjust the deadlines for enactment of legislation agreed at its 46th meeting to allow affected Parties that are making good legislative progress additional time in which to complete the legislative process.
Directed to the Secretariat
The Secretariat shall:
a) consider the information on specific legislative measures adopted by the Parties to fulfil the requirements laid down in the text of the Convention and the Resolutions of the Conference of the Parties and amend the analyses of national legislation and the categories according to the criteria stated in Resolution Conf. 8.4;
b) advise the Parties concerned of any amendments to the analyses of their legislation and to their categories, specifying in the case of legislation in Categories 2 and 3 the requirements that are not yet met;
c) provide technical assistance to Parties requesting advice in the formulation of legislative proposals for CITES implementation by providing, to the extent resources are available:
i) legal guidance in the preparation of necessary legislative measures;
ii) training of CITES authorities and other relevant bodies responsible for the formulation of wildlife trade policies or legislation; and
iii) any specific support relevant to the fulfilment of the legislative requirements for the implementation of CITES;
d) report to the Standing Committee on Parties' progress in enacting legislation and, if necessary, recommend the adoption of appropriate compliance measures, including suspension of trade pursuant to the decisions taken at the 46th meeting of the Standing Committee (see Annex 5);
e) identify for the Standing Committee any countries that require attention as a priority under the National Legislation Project; and
f) report at the 13th meeting of the Conference of the Parties on:
i) the legislation adopted by the Parties to implement the Convention and any recommendations relating to Parties that have not adopted adequate legislation for implementation of the Convention; and
ii) any progress concerning technical assistance provided to the Parties in the development of their national legislation for implementation of CITES.
1 Corrected by the Secretariat: formerly indicated Parties referred to in Decisions 11.15 to 11.19. 2 Antigua and Barbuda, Belarus, Cambodia, Dominica, Georgia, Latvia, Mauritania, Mongolia, Myanmar, Saudi Arabia, Somalia, Swaziland, Uzbekistan and three overseas territories, namely Pitcairn Islands, Saint Helena and Dependencies, and South Georgia and the South Sandwich Islands. [A dispute exists between the Governments of Argentina and the United Kingdom of Great Britain and Northern Ireland concerning sovereignty over the Falkland Islands (Malvinas)].
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