Legal Framework

NATIONAL AND INTERNATIONAL REGULATION

Valued by Various Industries

Since Candelilla wax may be used in several applications, it is highly appreciated for different national and international industries, especially cosmetics. Mexico is the only Candelilla wax producer, and a big part of this production is exported to different countries. In order to guarantee the sustainability of the Candelilla plant during the production of the wax and further exportation, there are some national and international regulations that must be met, as explained below.

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FOR THE USE OF CANDELILLA

NATIONAL LEGAL FRAMEWORK

The exploitation of Candelilla is regulated by the Sustainable Forest Development General Law (Ley General de Desarrollo Forestal Sustentable LGDFS) through its Regulation (Reglamento RLGDFS), as well as the Norm NOM-018-RECNAT-1999.

The article 84 of the Law LGDFS specifies that in order to harvest the Candelilla plant, a Harvesting Permit is required. With this permit, the person concerned must inform and justify how many plants are going to be harvested and the method that is going to be used. The requirements to get a Harvesting Permit are described in the article 71 of the Regulation RLGDFS.

Requirements for the Harvesting Permit

To prepare a Harvesting Permit, a Technical Study must be completed by a Forestry Engineer registered in the National Forestry Registration. This Forestry Engineer must guarantee that the harvesting of Candelilla will be sustainable and will not jeopardize the survival of the species. This Harvesting Permit must be submitted to SEMARNAT which will assign an identification code so the property can operate (Article 75 of the RLGDFS). In addition, ejidos (common lands) or properties with a Harvesting Permit must prepare an annual report indicating the quantity of Candelilla wax produced.

Documentation required for transport and sale

When the wax is going to be sold or transported, the permit holder must provide a Forestry Permit that meets the policy’s requirements. The criteria and technical specifications to sustainably harvest the Candelilla are described in the Norm NOM-018-RECNAT-1999.

Process to export Candelilla wax

To export Candelilla wax, the seller must have forestry documents certifying the wax’s legal origin, pay the corresponding fees for the CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) permit, and submit the necessary information to SEMARNAT.

Verification and authorization for export

Once SEMARNAT verifies that the Candelilla wax meets all requirements, the CITES permit is issued and it is sent to the port of shipment. There, the Federal Attorney for Environmental Protection (PROFEPA) inspects both the product and the permit. If everything is in order, export is authorized. This CITES permit will also be required for import into the destination country.

CITES AND CONABIO

INTERNATIONAL LEGAL FRAMEWORK

CITES

CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) is an international agreement between governments signed in Washington D.C. in 1973 and coming into effect July 1, 1975. Its aim is to ensure that international trade in species of wild animals and plants enlisted in its Appendices does not threaten their survival. CITES is one of the most important international agreements of biodiversity conservation since its guidelines are incorporated in the national legislation of the signatory countries. Mexico is part of the CITES since 1991.

 

Regulation of species trade by CITES

CITES regulates the exportation, re-exportation, importation, and introduction from the sea of plants and animals dead or alive included in its Appendices. This regulation is based on a system of permits and certifications that can only be issued if certain conditions are met and must be presented to get out or get into a country. In order to do this, it is essential that each signatory country designates one or more Administrative Authorities that regulate and issue the permits and certifications, and one or more Scientific Authorities that advise on the effects of the commercial trade on the species.

 

CITES authorities in Mexico

In Mexico there are three CITES Authorities:

  1. The Administrative Authority, which is represented by the DGVS-SEMARNAT (Direccion General de Vida Silvestre de la Secretaria de Medio Ambiente y Recursos Naturales)
  2. The Scientific Authority, which is the CONABIO, National Commission for the Knowledge and Use of the Biodiversity (Comisión Nacional para el Conocimiento y Uso de la Biodiversidad)
  3. The Law Enforcement Authority, which is PROFEPA (Procuraduría Federal de Protección al Ambiente)

Candelilla in CITES Appendix II

Since 1975, Candelilla (Euphorbia antisyphilitica) has been listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), under Euphorbia spp. Therefore, its international trade requires a CITES certificate issued by the CITES Management Authority of Mexico (i.e. the Wildlife Department of the Mexican Environment Ministry; DGVS-SEMARNAT) and must be endorsed by the National Commission for Knowledge and Use of Biodiversity (CONABIO).

 

Exemption for finished products made with Candelilla

Since 2010, Candelilla has the annotation number 4 to exempt “all the finished products of Euphorbia antisyphilitica packaged and ready for retail trade”, in such a way that those who deal with finished products may internationally trade them with no need of a CITES permit.

CONABIO

The National Commission for the Knowledge and Use of the Biodiversity CONABIO (Comisión Nacional para el Conocimiento y Uso de la Biodiversidad) is a permanent commission formed by different ministries in 1992. CONABIO has the mission to promote, coordinate, support and perform the activities to increase the knowledge of the biological diversity, as well as its conservation and sustainable use for the benefit of society.

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CONABIO as CITES Scientific Authority in Mexico

Since 2000, CONABIO is the CITES Scientific Authority in Mexico, its mission is to ensure that the international trade of the species listed in the CITES Appendices is regulated using the best scientific, technical and commercial evidence available, in order to ensure the conservation and sustainable exploitation.

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SPECIES PROTECTION AND TRADE REGULATIONS

THE CITES APPENDICES

Appendices I, II and III of the Convention are lists of species afforded different levels or types of protection from over-exploitation. The categories of each appendix are detailed below:

Appendix I

Lists species that are the most endangered among CITES-listed animals and plants. They are threatened with extinction and CITES prohibits international trade in specimens of these species except when the purpose of the import is not commercial, for instance for scientific research.

Appendix II

Lists species that are not necessarily now threatened with extinction but that may become so unless trade is closely controlled. It also includes so-called “look-alike species”, i.e. species of which the specimens in trade look like those of species listed for conservation reasons. International trade in specimens of Appendix-II species may be authorized by the granting of an export permit or re-export certificate. Candelilla is listed in this appendix.

Appendix III

Is a list of species included at the request of a Party that already regulates trade in the species and that needs the cooperation of other countries to prevent unsustainable or illegal exploitation. International trade in specimens of species listed in this Appendix is allowed only on presentation of the appropriate permits or certificates.