- Latest available (Revised)
- Original (As adopted by EU)
Council Regulation (EC) No 338/97Show full title
Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Revised version PDFs
- Revised 01/01/20202.11 MB
- Revised 04/02/20172.08 MB
- Revised 26/11/20161.84 MB
- Revised 20/12/20142.09 MB
- Revised 10/08/20131.94 MB
- Revised 15/12/20122.00 MB
- Revised 14/02/20121.92 MB
- Revised 15/08/20101.43 MB
- Revised 10/06/20090.32 MB
- Revised 11/04/20080.30 MB
- Revised 22/08/20050.31 MB
- Revised 20/05/20040.31 MB
- Revised 20/11/20030.30 MB
- Revised 30/08/20030.30 MB
- Revised 21/12/20010.28 MB
- Revised 05/08/20010.34 MB
- Revised 18/12/20000.34 MB
- Revised 29/04/19990.28 MB
- Revised 19/10/19980.28 MB
- Revised 27/11/19970.28 MB
- Revised 01/06/19970.34 MB
- Revised 03/03/19970.26 MB
Legislation originating from the EU
When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.
This item of legislation originated from the EU
Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).
Changes to legislation:
There are currently no known outstanding effects by UK legislation for Council Regulation (EC) No 338/97, Article 8.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Article 8U.K.Provisions relating to the control of commercial activities
1.The purchase, offer to purchase, acquisition for commercial purposes, display to the public for commercial purposes, use for commercial gain and sale, keeping for sale, offering for sale or transporting for sale of specimens of the species listed in Annex A shall be prohibited.
F12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.In accordance with the requirements of other [F2United Kingdom legislation (as that legislation applies in Great Britain)] on the conservation of wild fauna and flora, exemption from the prohibitions referred to in paragraph 1 may be granted by issuance of a certificate to that effect by [F3the management authority], on a case-by-case basis where the specimens:
[F4(a)were—
(i)acquired in, or were introduced into, a Member State before the provisions relating to species listed in Appendix I to the Convention or in Annex C1 to Regulation (EEC) No 3626/82 or in Annex A to Regulation 338/97 (pre-exit) became applicable to the specimens; and
(ii)acquired in, or were introduced into, the United Kingdom before IP completion day; or]
[F5(aa)were acquired in, or were introduced into, the United Kingdom before the provisions relating to species listed in Appendix 1 to the Convention or in Annex C1 to Regulation (EEC) No 3626/82 or in Annex A to Regulation 338/97 (pre-exit) became applicable to the specimens; or]
(b)are worked specimens that were acquired more than 50 years previously; or
(c)were introduced into [F6Great Britain] in compliance with the provisions of this Regulation and are to be used for purposes which are not detrimental to the survival of the species concerned; or
(d)are captive-born and bred specimens of an animal species or artificially propagated specimens of a plant species or are parts or derivatives of such specimens; or
(e)are required under exceptional circumstances for the advancement of science or for essential biomedical purposes pursuant to [F7, and in accordance with, the Animals (Scientific Procedures) Act 1986,] where the species in question proves to be the only one suitable for those purposes and where there are no specimens of the species which have been born and bred in captivity; or
(f)are intended for breeding or propagation purposes from which conservation benefits will accrue to the species concerned; or
(g)are intended for research or education aimed at the preservation or conservation of the species; or
(h)originate in [F8Great Britain] and were taken from the wild in accordance with the legislation in force in [F9the United Kingdom (as that legislation applies in Great Britain)].
[F104.General derogations from the prohibitions referred to in paragraph 1 based on the conditions referred to in paragraph 3, as well as general derogations with regard to species listed in Annex A in accordance with point (ii) of Article 3(1)(b) may be defined by the [F11Secretary of State in regulations]. Any such derogations must be in accordance with the requirements of other [F12United Kingdom legislation (as that legislation applies in Great Britain)] on the conservation of wild fauna and flora. F13...]
5.The prohibitions referred to in paragraph 1 shall also apply to specimens of the species listed in Annex B except where it can be proved to the satisfaction of the [F14management] authority F15... that such specimens were acquired and, if they originated outside [F16Great Britain], were introduced into it, in accordance with the legislation in force for the conservation of wild fauna and flora.
6.The [F17management authority] shall have discretion to sell any specimen of the species listed in Annexes B to D [F18it has] confiscated under this Regulation, [F19provided the specimen] is not thus returned directly to the person or entity from whom it was confiscated or who was party to the offence. Such specimens may then be treated for all purposes as if they had been legally acquired.
Textual Amendments
F1Art. 8(2) 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(9)(a)
F2Words in Art. 8(3) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(9)(b)(i)(aa)
F3Words in Art. 8(3) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(9)(b)(i)(bb)
F4Art. 8(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(9)(b)(ii)
F5Art. 8(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(9)(b)(iii)
F6Words in Art. 8(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(9)(b)(iv)
F7Words in Art. 8(3)(e) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(9)(b)(v)
F8Words in Art. 8(3)(h) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(9)(b)(vi)(aa)
F9Words in Art. 8(3)(h) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(9)(b)(vi)(bb)
F10Substituted by Regulation (EC) No 398/2009 of the European Parliament and of the Council of 23 April 2009 amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, as regards the implementing powers conferred on the Commission.
F11Words in Art. 8(4) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(9)(c)(i)
F12Words in Art. 8(4) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(9)(c)(ii)
F13Words in Art. 8(4) 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(9)(c)(iii)
F14Word in Art. 8(5) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(9)(d)(i)
F15Words in Art. 8(5) 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(9)(d)(ii)
F16Words in Art. 8(5) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(9)(d)(iii)
F17Words in Art. 8(6) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(9)(e)(i)
F18Words in Art. 8(6) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(9)(e)(ii)
F19Words in Art. 8(6) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(9)(e)(iii)
Options/Help
Print Options
PrintThe Whole Regulation
PrintThis Article only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as adopted version that was used for the EU Official Journal
- lists of changes made by and/or affecting this legislation item
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.
The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.
For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as adopted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.