Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein

Changes over time for: Article 5

Alternative versions:

22/08/2005- Amendment
10/06/2009- Amendment
Exit day: start of implementation period31/01/2020 11pm- Amendment
End of implementation period31/12/2020- Amendment
31/12/2020
Point in time

Status:

Point in time view as at 31/12/2020.

Changes to legislation:

There are currently no known outstanding effects for the Council Regulation (EC) No 338/97, Article 5.

Changes to Legislation

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Article 5U.K.Export or re-export from [F1Great Britain]

1.The export or re-export from [F2Great Britain] of specimens of the species listed in Annex A shall be subject to completion of the necessary checks and the prior presentation, at the customs office at which the export formalities are completed, of an export permit or re-export certificate issued by [F3the management authority].

2.An export permit for specimens of the species listed in Annex A may be issued only when the following conditions have been met:

(a)the competent scientific authority has advised in writing that the capture or collection of the specimens in the wild or their export will not have a harmful effect on the conservation status of the species or on the extent of the territory occupied by the relevant population of the species;

(b)the applicant provides documentary evidence that the specimens have been obtained in accordance with the legislation in force on the protection of the species in question; F4...

(c)the management authority is satisfied that:

(i)

any live specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment; and

(ii)

the specimens of species not listed in Annex I to the Convention will not be used for primarily commercial purposes, or
in the case of export to a State party to the Convention of specimens of the species referred to in Article 3(1)(a) of this Regulation, an import permit has been issued;

and

(d)the management authority F5... is satisfied, following consultation with the competent scientific authority, that there are no other factors relating to the conservation of the species which militate against issuance of the export permit.

3.A re-export certificate may be issued only when the conditions referred to in paragraph 2 (c) and (d) have been met and when the applicant provides documentary evidence that the specimens:

(a)were introduced into [F6Great Britain] in accordance with the provisions of this Regulation;

[F7(aa)were acquired in, or were introduced into, the United Kingdom before IP completion day and in accordance with the requirements of Regulation 338/97 (pre-exit);]

(b)if introduced into the [F8United Kingdom] before the entry into force of [F9Regulation 338/97 (pre-exit)], were introduced in accordance with the provisions of Regulation (EEC) No 3626/82; or

(c)if introduced into the [F10United Kingdom] before 1984, entered international trade in accordance with the provisions of the Convention; or

(d)were legally introduced into the territory of [F11the United Kingdom] before the provisions of the Regulations referred to in (a) [F12, (aa)] and (b) or of the Convention became applicable to them F13....

4.The export or re-export from [F14Great Britain] of specimens of the species listed in Annexes B and C shall be subject to completion of the necessary checks and the prior presentation, at the customs office at which the export formalities are completed, of an export permit or re-export certificate issued by [F15the management authority].

An export permit may be issued only when the conditions referred to in paragraph 2 (a), (b), (c) (i) and (d) have been met.

A re-export certificate may be issued only when the conditions referred to in paragraph 2 (c) (i) and (d) and in paragraph 3 (a) to (d) have been met.

F16 5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.The conditions for the issuance of an export permit or re-export certificate as referred to in paragraph 2 (a) and (c) (ii) shall not apply to:

(i)

worked specimens that were acquired more than 50 years previously; or

(ii)

dead specimens and parts and derivatives thereof for which the applicant provides documentary evidence that they were legally acquired before the provisions of [F17Regulation 338/97 (pre-exit)], or of Regulation (EEC) No 3626/82 or of the Convention became applicable to them.

7.(a)The competent scientific authority F18... shall monitor the issuance of export permits by [F19the management authority] for specimens of species listed in Annex B and actual exports of such specimens. Whenever such scientific authority determines that the export of specimens of any such species should be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystem in which it occurs, and well above the level at which that species might become eligible for inclusion in Annex A in accordance with Article 3 (1) (a) or (b) (i), the scientific authority shall advise the F20... management authority, in writing, of suitable measures to be taken to limit the issuance of export permits for specimens of that species

[F21(b)Whenever the management authority is advised of the measures referred to in (a), it shall inform and send comments to the Secretary of State who may make regulations restricting exports of the species concerned.]

Textual Amendments

F1Words in Art. 5 heading substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(6)(a)

F2Words in Art. 5(1) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(6)(b)(i)

F3Words in Art. 5(1) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(6)(b)(ii)

F4Words in Art. 5(2)(b) omitted (31.12.2020) by virtue of The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(6)(c)(i)

F5Words in Art. 5(2)(d) omitted (31.12.2020) by virtue of The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(6)(c)(ii)

F6Words in Art. 5(3)(a) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(6)(d)(i)

F7Art. 5(3)(aa) inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(6)(d)(ii)

F8Words in Art. 5(3)(b) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(6)(d)(iii)(aa)

F9Words in Art. 5(3)(b) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(6)(d)(iii)(bb)

F10Words in Art. 5(3)(c) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(6)(d)(iv)

F11Words in Art. 5(3)(d) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(6)(d)(v)(aa)