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Enforcement of Cites Regulation in The Netherlands

Enforcement of Cites Regulation in The Netherlands. Emiel van den Berg 19 october 2010. Outline. Opportunity principle Enforcement Strategy Documents Statistics Additional remarks. Opportunity principe. Exclusive competence of public prosecutors to bring criminal cases before the courts

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Enforcement of Cites Regulation in The Netherlands

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  1. Enforcement of Cites Regulation in The Netherlands Emiel van den Berg 19 october 2010

  2. Outline • Opportunity principle • Enforcement Strategy Documents • Statistics • Additional remarks

  3. Opportunity principe • Exclusive competence of public prosecutors to bring criminal cases before the courts • Public prosecutors are free to decide whether or not they will bring a case before a criminal court • Possibility for interested parties to obtain a court order to the public prosecutor (par 12 CCP) to sue • Competence of Courts of Appeal • Also open for NGO’s within the framework of their (statutory) objective or their factual activity

  4. Enforcement Strategy Documents • Means to lay down enforcement policies and to give guidance to the public prosecutors • Content • Introduction • Description of the FFA • Priorities for enforcement • Environmental strategy, core legal provisions, administrative enforcement • Strategy for criminal enforcement • Guidelines for sentences demanded by public prosecutors in court

  5. Statistics • Derived from factsheet of June 2008 on compliance with CITES legislation • Introduction • Intended to give insight to parliament and interested parties by providing a snapshot • Relevant legislation • Tasks and responsibilities of competent authorities • Programmed enforcement • Implementation figures • Monitoring and Enforcement figures • Seizure figures • Examples from police, general inspection service and customs practice

  6. Additional remarks • Last week, Ministry of Agriculture, Nature and Food Quality had been integrated with Ministry of Economic Affairs into Ministry Economic Affairs, Agriculture and Innovation • In 2010, General Inspection Service became a part of the New Food and Vendible's Authority • The Implementation Service of the Ministry of Agriculture, Nature and Food Quality also has monitoring and administrative enforcement competence for the FFA • Customs at Schiphol Airport have competence to offer transaction to air passengers if they leave the illegally imported specimens to customs • All authorities involved in monitoring and enforcement participate in bimonthly consultations to make enforcement arrangements and to accommodate their respective activities • Guidelines for sentences demanded in court are under review

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