The Trade in Endangered Species of Wild Fauna and Flora (Commission Regulation (EC) No 865/2006) (Amendment) Regulations 2020

Amendment of Commission Regulation (EC) No 865/2006

2.  Before Chapter 10 of Commission Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein(1), insert—

“CHAPTER 9A NON-DESIGNATED CUSTOMS OFFICES

Article 45a Introduction, export or re-export through a non-designated customs office

1.   For the purpose of Article 12(4) of Regulation (EC) No 338/97, the criteria are set out in paragraphs 2 and 3.

2.   The first criterion is that the relevant person did not know—

(a) that the relevant person was required to use a customs office for carrying out the checks and formalities which is designated in accordance with Article 12(1) of Regulation (EC) No 338/97, or

(b) that the customs office used by the relevant person for carrying out the checks and formalities is not designated in accordance with Article 12(1) of Regulation (EC) No 338/97.

3.   The second criterion is that the relevant person has not previously used a customs office for carrying out the checks and formalities which was the subject of an authorisation under Article 12(4) of Regulation (EC) No 338/97 in relation to that relevant person.

4.   In this Article, “the relevant person” means—

(a) the importer,

(b) the (re-)exporter, or

(c) the authorised representative of the importer or the (re-)exporter.

Article 45b Treatment of references to customs offices

Where authorisation is given under Article 12(4) of Regulation (EC) No 338/97—

(a) references in Articles 22, 23, 24, and 25 of this Regulation to a border customs office at the point of introduction are to be treated as references to the border customs office at the point of introduction which is the subject of such authorisation;

(b) references in Articles 27, 28, 35, 42, 44f, 44m, and 53 of this Regulation to a customs office are to be treated as references to the customs office which is the subject of such authorisation.”.

(1)

EUR 2006/865, as amended by S.I. 2020/1395.