Article 5Export or re-export from F6Great Britain

1

The export or re-export from F17Great 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 F2the 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; F21...

c

the management authority is satisfied that:

  1. (i)

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

  2. (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 F12... 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 F19Great Britain in accordance with the provisions of this Regulation;

F13aa

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 F10United Kingdom before the entry into force of F4Regulation 338/97 (pre-exit), were introduced in accordance with the provisions of Regulation (EEC) No 3626/82; or

c

if introduced into the F5United Kingdom before 1984, entered international trade in accordance with the provisions of the Convention; or

d

were legally introduced into the territory of F1the United Kingdom before the provisions of the Regulations referred to in (a) F16, (aa) and (b) or of the Convention became applicable to them F9....

4

The export or re-export from F18Great 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 F14the 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.

F7 5

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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:

  1. (i)

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

  2. (ii)

    dead specimens and parts and derivatives thereof for which the applicant provides documentary evidence that they were legally acquired before the provisions of F15Regulation 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 F20... shall monitor the issuance of export permits by F3the 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 F8... management authority, in writing, of suitable measures to be taken to limit the issuance of export permits for specimens of that species

F11b

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.