- Latest available (Revised)
- Point in Time (31/12/2020)
- Original (As adopted by EU)
Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein
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Point in time view as at 31/12/2020.
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The object of this Regulation is to protect species of wild fauna and flora and to guarantee their conservation by regulating trade therein in accordance with the following Articles.
This Regulation shall apply in compliance with the objectives, principles and provisions of the Convention defined in Article 2.
For the purposes of this Regulation:
F1...
‘convention’ shall mean the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites);
‘country of origin’ shall mean the country in which a specimen was taken from the wild, captive-bred or artificially propagated;
‘import notification’ shall mean the notification given by the importer or his agent or representative, at the time of the introduction into [F2Great Britain] of a specimen of a species included in Annexes C or D, on a form prescribed [F3in regulations made by the Secretary of State];
‘introduction from the sea’ shall mean the introduction into [F4Great Britain] of any specimen which was taken in, and is being introduced directly from, the marine environment not under the jurisdiction of any State, including the air-space above the sea and the sea-bed and subsoil beneath the sea;
‘issuance’ shall mean the completion of all procedures involved in preparing and validating a permit or certificate and its delivery to the applicant;
[F5“management authority” shall mean the person designated in accordance with Article 13(1)(a);]
F6...
‘offering for sale’ shall mean offering for sale and any action that may reasonably be construed as such, including advertising or causing to be advertised for sale and invitation to treat;
‘personal or household effects’ shall mean dead specimens, parts and derivatives thereof, that are the belongings of a private individual and that form, or are intended to form, part of his normal goods and chattels;
‘place of destination’ shall mean the place at which at the time of introduction into [F7Great Britain], it is intended that specimens will normally be kept; in the case of live specimens, this shall be the first place where specimens are intended to be kept following any period of quarantine or other confinement for the purposes of sanitary checks and controls;
‘population’ shall mean a biologically or geographically distinct total number of individuals;
‘primarily commercial purposes’ shall mean all purposes the non-commercial aspects of which do not clearly predominate;
‘re-export from [F8Great Britain]’ shall mean export from [F8Great Britain] of any specimen that has previously been introduced;
[F9“Regulation 338/97 (pre-exit)” shall mean Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, as it had effect immediately before IP completion day;]
‘reintroduction into [F10Great Britain]’ shall mean introduction into [F10Great Britain] of any specimen that has previously been exported or re-exported;
‘sale’ shall mean any form of sale. For the purposes of this Regulation, hire, barter or exchange shall be regarded as sale; cognate expressions shall be similarly construed;
‘scientific authority’ shall mean a scientific authority designated F11..., in accordance with [F12Article 13(2)] or, in the case of a third country party to the Convention, in accordance with Article IX of the Convention;
F13...
‘species’ shall mean a species, subspecies or population thereof;
‘specimen’ shall mean any animal or plant, whether alive or dead, of the species listed in Annexes A to D, any part or derivative thereof, whether or not contained in other goods, as well as any other goods which appear from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be or to contain parts or derivatives of animals or plants of those species, unless such parts or derivatives are specifically exempted from the provisions of this Regulation or from the provisions relating to the Annex in which the species concerned is listed by means of an indication to that effect in the Annexes concerned.
A specimen will be considered to be a specimen of a species listed in Annexes A to D if it is, or is part of or derived from, an animal or plant at least one of whose ‘parents’ is of a species so listed. In cases where the ‘parents’ of such an animal or plant are of species listed in different Annexes, or of species only one of which is listed, the provisions of the more restrictive Annex shall apply. However, in the case of specimens of hybrid plants, if one of the ‘parents’ is of a species listed in Annex A, the provisions of the more restrictive Annex shall apply only if that species is annotated to that effect in the Annex;
[F14“third country” shall mean any country or territory other than Great Britain;]
[F14“third country authority” shall mean the authority of a third country party to the Convention designated in accordance with Article IX of the Convention;]
‘trade’ shall mean the introduction into [F15Great Britain], including introduction from the sea, and the export and re-export therefrom, as well as the use, movement and transfer of possession within [F15Great Britain] F16... of specimens subject to the provisions of this Regulation;
‘transit’ shall mean the transport of specimens between two points outside [F17Great Britain] through the territory of [F17Great Britain] which are shipped to a named consignee and during which any interruption in the movement arises only from the arrangements necessitated by this form of traffic;
‘worked specimens that were acquired more than 50 years previously’ shall mean specimens that were significantly altered from their natural raw state for jewellery, adornment, art, utility, or musical instruments, [F18before 3rd March 1947] and that have been, to the satisfaction of the management authority F19..., acquired in such conditions. Such specimens shall be considered as worked only if they are clearly in one of the aforementioned categories and require no further carving, crafting or manufacture to effect their purpose;
‘checks at the time of introduction, export, re-export and transit’ shall mean documentary checks on the certificates, permits and notifications provided for in this Regulation and — in cases where [F20United Kingdom legislation (as it applies to Great Britain) so provides] or in other cases by representative sampling of the consignments — examination of the specimens, where appropriate accompanied by the taking of samples with a view to analysis or more detailed checks.
Textual Amendments
F1Art. 2(a) 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(2)(a)
F2Words in Art. 2(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(2)(b)(i)
F3Words in Art. 2(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(2)(b)(ii)
F4Words in Art. 2(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(2)(c)
F5Art. 2(g) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(d)
F6Art. 2(h) 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(2)(e)
F7Words in Art. 2(k) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(f)
F8Words in Art. 2(n) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(g)
F9Art. 2(na) inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(h)
F10Words in Art. 2(o) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(i)
F11Words in Art. 2(q) 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(2)(j)(i)
F12Words in Art. 2(q) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(j)(ii)
F13Art. 2(r) 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(2)(k)
F14Art. 2(ta)(tb) inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(l)
F15Words in Art. 2(u) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(m)(i)
F16Words in Art. 2(u) 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(2)(m)(ii)
F17Words in Art. 2(v) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(n)
F18Words in Art. 2(w) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(o)(i)
F19Words in Art. 2(w) 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(2)(o)(ii)
F20Words in Art. 2(x) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(p)
In this Regulation—
(a)references to the importation or introduction of anything into Great Britain includes the importation or introduction of anything into Northern Ireland before IP completion day;
(b)references to the export, or re-export of anything from Great Britain includes the export, or re-export of anything from Northern Ireland before IP completion day;
(c)references to the transit of specimens through Great Britain includes the transit of specimens through Northern Ireland before IP completion day.]
Textual Amendments
1.Annex A shall contain:
(a)the species listed in Appendix I to the Convention for which the [F22United Kingdom has] not entered a reservation;
(b)any species:
which is, or may be, in demand for utilization in [F23Great Britain] or for international trade and which is either threatened with extinction or so rare that any level of trade would imperil the survival of the species;
or
which is in a genus of which most of the species or which is a species of which most of the subspecies are listed in Annex A in accordance with the criteria in subparagraphs (a) or (b)(i) and whose listing in the Annex is essential for the effective protection of those taxa.
2.Annex B shall contain:
(a)the species listed in Appendix II to the Convention, other than those listed in Annex A, for which the [F24United Kingdom has] not entered a reservation;
(b)the species listed in Appendix I to the Convention for which a reservation has been entered;
(c)any other species not listed in Appendices I or II to the Convention:
which is subject to levels of international trade that might not be compatible:
with its survival or with the survival of populations in certain countries, or
with the maintenance of the total population at a level consistent with the role of the species in the ecosystems in which it occurs:
or
whose listing in the Annex for reasons of similarity in appearance to other species listed in Annex A or Annex B, is essential in order to ensure the effectiveness of controls on trade in specimens of such species;
(d)species in relation to which it has been established that the introduction of live specimens into the natural habitat of [F25Great Britain] would constitute an ecological threat to wild species of fauna and flora indigenous to [F25Great Britain].
3.Annex C shall contain:
(a)the species listed in Appendix III to the Convention, other than those listed in Annexes A or B, for which the [F26United Kingdom has] not entered a reservation;
(b)the species listed in Appendix II to the Convention for which a reservation has been entered.
4.Annex D shall contain:
(a)species not listed in Annexes A to C which are imported into [F27Great Britain] in such numbers as to warrant monitoring;
(b)the species listed in Appendix III to the Convention for which a reservation has been entered.
F285.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F22Words in Art. 3(1)(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(4)(a)(i)
F23Words in Art. 3(1)(b)(i) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(4)(a)(ii)
F24Words in Art. 3(2)(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(4)(b)(i)
F25Words in Art. 3(2)(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(4)(b)(ii)
F26Words in Art. 3(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(4)(c)
F27Words in Art. 3(4)(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(4)(d)
F28Art. 3(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(4)(e)
1.The introduction into [F30Great 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 border customs office at the point of introduction, of an import permit issued by [F31the management authority].
The import permit may be issued only in accordance with the restrictions established pursuant to paragraph 6 and when the following conditions have been met:
(a)the competent scientific authority F32... has advised that the introduction into [F33Great Britain]:
would 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;
is taking place:
for one of the purposes referred to in Article 8(3)(e), (f) and (g), or
for other purposes which are not detrimental to the survival of the species concerned;
(b)
the applicant provides documentary evidence that the specimens have been obtained in accordance with the legislation on the protection of the species concerned which, in the case of import from a third country of specimens of a species listed in the Appendices to the Convention, shall be an export permit or re-export certificate, or copy thereof, issued in accordance with the Convention by a competent authority of the country of export or re-export;
however, the issuance of import permits for species listed in Annex A in accordance with Article 3(1)(a) shall not require such documentary evidence, but the original of any such import permit shall be withheld from the applicant pending presentation of the export permit or re-export certificate;
(c)the competent scientific authority is satisfied that the intended accommodation for a live specimen at the place of destination is adequately equipped to conserve and care for it properly;
(d)the management authority is satisfied that the specimen is not to be used for primarily commercial purposes;
(e)the management authority 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 import permit; and
(f)in the case of introduction from the sea, the management authority is satisfied that any live specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.
2.The introduction into [F34Great Britain] of specimens of the species listed in Annex B shall be subject to completion of the necessary checks and the prior presentation, at the border customs office at the point of introduction, of an import permit issued by [F35the management authority].
The import permit may be issued only in accordance with the restrictions established pursuant to paragraph 6 and when:
(a)the competent scientific authority, after examining available data F36... is of the opinion that the introduction into [F37Great Britain] would 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, taking account of the current or anticipated level of trade. This opinion shall be valid for subsequent imports as long as the abovementioned aspects have not changed significantly;
(b)the applicant provides documentary evidence that the intended accommodation for a live specimen at the place of destination is adequately equipped to conserve and care for it properly;
(c)the conditions referred to in paragraph 1(b)(i), (e) and (f) have been met.
3.The introduction into [F38Great Britain] of specimens of the species listed in Annex C shall be subject to completion of the necessary checks and the prior presentation, at the border customs office at the point of introduction, of an import notification and:
(a)in the case of export from a country mentioned in relation to the species concerned in Annex C, the applicant shall provide documentary evidence, by means of an export permit issued in accordance with the Convention by an authority of that country competent for the purpose, that the specimens have been obtained in accordance with the national legislation on the conservation of the species concerned; or
(b)in the case of export from a country not mentioned in relation to the species concerned in Annex C or re-export from any country, the applicant shall present an export permit, a re-export certificate or a certificate of origin issued in accordance with the Convention by an authority of the exporting or re-exporting country competent for the purpose.
4.The introduction into [F39Great Britain] of specimens of the species listed in Annex D shall be subject to completion of the necessary checks and the prior presentation of an import notification at the border customs office at the point of introduction.
5.The conditions for the issuance of an import permit as referred to in paragraph 1(a) and (d) and in paragraph 2(a), (b) and (c) shall not apply to specimens for which the applicant provides documentary evidence:
(a)that they had previously been legally introduced into or acquired in [F40Great Britain] and that they are, modified or not, being reintroduced into [F40Great Britain]; or
(b)that they are worked specimens that were acquired more than 50 years previously.
[F416.In consultation with the countries of origin concerned, F42... and taking account of any opinion from the [F43scientific authority, the Secretary of State may, by regulations,] establish general restrictions, or restrictions relating to certain countries of origin, on the introduction into [F44Great Britain]:
(a)on the basis of the conditions referred to in paragraph 1(a)(i) or (e), of specimens of species listed in Annex A;
(b)on the basis of the conditions referred to in paragraph 1(e) or paragraph 2(a), of specimens of species listed in Annex B; and
(c)of live specimens of species listed in Annex B which have a high mortality rate during shipment or for which it has been established that they are unlikely to survive in captivity for a considerable proportion of their potential life span; or
(d)of live specimens of species for which it has been established that their introduction into the natural environment of [F45Great Britain] presents an ecological threat to wild species of fauna and flora indigenous to [F45Great Britain].
The [F46Secretary of State must] on a quarterly basis publish a list of such restrictions, if any F47....
7.Where special cases of transhipment, air transfer or rail transport occur following introduction into [F48Great Britain], derogations from completion of the checks and presentations of import documents at the border customs office at the point of introduction which are referred to in paragraphs 1 to 4 [F49may, by regulations, be prescribed by the Secretary of State] in order to permit such checks and presentations to be made at another customs office designated in accordance with Article 12(1).
F50...]
Textual Amendments
F29Words in Art. 4 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(5)(a)
F30Words in Art. 4(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(5)(b)(i)(aa)
F31Words in Art. 4(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(5)(b)(i)(bb)
F32Words in Art. 4(1)(a) 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(5)(b)(ii)(aa)
F33Words in Art. 4(1)(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(5)(b)(ii)(bb)
F34Words in Art. 4(2) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(c)(i)(aa)
F35Words in Art. 4(2) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(c)(i)(bb)
F36Words in Art. 4(2)(a) 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(5)(c)(ii)(aa)
F37Words in Art. 4(2)(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(5)(c)(ii)(bb)
F38Words in Art. 4(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(5)(d)
F39Words in Art. 4(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(5)(e)
F40Words in Art. 4(5)(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(5)(f)
F41Substituted 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.
F42Words in Art. 4(6) 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(5)(g)(i)(aa)
F43Words in Art. 4(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(5)(g)(i)(bb)
F44Words in Art. 4(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(5)(g)(i)(cc)
F45Words in Art. 4(6)(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(5)(g)(ii)
F46Words in Art. 4(6)(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(5)(g)(iii)(aa)
F47Words in Art. 4(6)(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(5)(g)(iii)(bb)
F48Words in Art. 4(7) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(h)(i)(aa)
F49Words in Art. 4(7) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(h)(i)(bb)
F50Words in Art. 4(7) 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(5)(h)(ii)
1.The export or re-export from [F52Great 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 [F53the 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; F54...
(c)the management authority is satisfied that:
any live specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment; and
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 F55... 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 [F56Great Britain] in accordance with the provisions of this Regulation;
[F57(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 [F58United Kingdom] before the entry into force of [F59Regulation 338/97 (pre-exit)], were introduced in accordance with the provisions of Regulation (EEC) No 3626/82; or
(c)if introduced into the [F60United Kingdom] before 1984, entered international trade in accordance with the provisions of the Convention; or
(d)were legally introduced into the territory of [F61the United Kingdom] before the provisions of the Regulations referred to in (a) [F62, (aa)] and (b) or of the Convention became applicable to them F63....
4.The export or re-export from [F64Great 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 [F65the 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.
F66 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:
worked specimens that were acquired more than 50 years previously; or
dead specimens and parts and derivatives thereof for which the applicant provides documentary evidence that they were legally acquired before the provisions of [F67Regulation 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 F68... shall monitor the issuance of export permits by [F69the 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 F70... management authority, in writing, of suitable measures to be taken to limit the issuance of export permits for specimens of that species
[F71(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
F51Words 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)
F52Words 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)
F53Words 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)
F54Words 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)
F55Words 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)
F56Words 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)
F57Art. 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)
F58Words 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)
F59Words 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)
F60Words 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)
F61Words 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)
F62Word in Art. 5(3)(d) 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)(v)(bb)
F63Words in Art. 5(3)(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)(d)(v)(cc)
F64Words in Art. 5(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(6)(e)(i)
F65Words in Art. 5(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(6)(e)(ii)
F66Art. 5(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(6)(f)
F67Words in Art. 5(6)(ii) 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)(g)
F68Words in Art. 5(7)(a) 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)(h)(i)(aa)
F69Words in Art. 5(7)(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)(h)(i)(bb)
F70Word in Art. 5(7)(a) 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)(h)(i)(cc)
F721.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F732.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.When an application is made for a permit or certificate relating to specimens for which such an application has previously been rejected [F74by the management authority or by a third country authority], the applicant must inform the [F75management authority] of the previous rejection.
F764.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F72Art. 6(1) 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(7)(a)
F73Art. 6(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(7)(a)
F74Words in Art. 6(3) inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(7)(b)(i)
F75Words in Art. 6(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(7)(b)(ii)
F76Art. 6(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(7)(a)
1.Specimens born and bred in captivity or artificially propagated
(a)Save where Article 8 applies, specimens of species listed in Annex A that have been born and bred in captivity or artificially propagated shall be treated in accordance with the provisions applicable to specimens of species listed in Annex B.
(b)In the case of artificially propagated plants, the provisions of Articles 4 and 5 may be waived under special conditions [F77set out in regulations made by the Secretary of State], relating to:
the use of phytosanitary certificates;
trade by registered commercial traders and by the scientific institutions referred to in paragraph 4 of this Article; and
trade in hybrids.
[F41(c) The criteria for determining whether a specimen has been born and bred in captivity or artificially propagated and whether for commercial purposes, as well as the special conditions referred to in (b), shall be specified [F78in regulations made by the Secretary of State]. F79...]
2.Transit
(a)By way of derogation from Article 4, where a specimen is in transit through [F80Great Britain], checks and presentation at the border customs office at the point of introduction of the prescribed permits, certificates and notifications shall not be required.
(b)In the case of species listed in the Annexes in accordance with Article 3 (1) and Article 3 (2) (a) and (b), the derogation referred to in (a) shall apply only where a valid export or re-export document provided for by the Convention, relating to the specimens that it accompanies and specifying the destination of the specimens, has been issued by the competent authorities of the exporting or re-exporting third country.
[F41(c) If the document referred to in (b) has not been issued before export or re-export, the specimen must be seized and may, where applicable, be confiscated unless the document is submitted retrospectively in compliance with the conditions specified [F81in regulations made by the Secretary of State]. F82...]
[F413.Personal and household effects
By way of derogation from Articles 4 and 5, the provisions therein shall not apply to dead specimens, parts and derivatives of species listed in Annexes A to D which are personal or household effects being introduced into [F83Great Britain], or exported or re-exported therefrom, in compliance with provisions that shall be specified [F84in regulations made by the Secretary of State]. F85...
4 .Scientific institutions
The documents referred to in Articles 4, 5, 8 and 9 shall not be required in the case of non-commercial loans, donations and exchanges between scientists and scientific institutions, registered by the management authorities of the States in which they are located, of herbarium specimens and other preserved, dried or embedded museum specimens, and of live plant material, bearing a label, the model for which has been F86... issued or approved by a management authority of a third country.]
Textual Amendments
F41Substituted 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.
F77Words in Art. 7(1)(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(8)(a)
F78Words in Art. 7(1)(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(8)(b)(i)
F79Words in Art. 7(1)(c) 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(8)(b)(ii)
F80Words in Art. 7(2)(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(8)(c)
F81Words in Art. 7(2)(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(8)(b)(i)
F82Words in Art. 7(2)(c) 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(8)(b)(ii)
F83Words in Art. 7(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(8)(d)(i)(aa)
F84Words in Art. 7(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(8)(d)(i)(bb)
F85Words in Art. 7(3) 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(8)(d)(ii)
F86Words in Art. 7(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(8)(e)
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.
F872.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.In accordance with the requirements of other [F88United 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 [F89the management authority], on a case-by-case basis where the specimens:
[F90(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]
[F91(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 [F92Great 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 [F93, 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 [F94Great Britain] and were taken from the wild in accordance with the legislation in force in [F95the United Kingdom (as that legislation applies in Great Britain)].
[F414.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 [F96Secretary of State in regulations]. Any such derogations must be in accordance with the requirements of other [F97United Kingdom legislation (as that legislation applies in Great Britain)] on the conservation of wild fauna and flora. F98...]
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 [F99management] authority F100... that such specimens were acquired and, if they originated outside [F101Great Britain], were introduced into it, in accordance with the legislation in force for the conservation of wild fauna and flora.
6.The [F102management authority] shall have discretion to sell any specimen of the species listed in Annexes B to D [F103it has] confiscated under this Regulation, [F104provided 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
F41Substituted 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.
F87Art. 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)
F88Words 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)
F89Words 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)
F90Art. 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)
F91Art. 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)
F92Words 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)
F93Words 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)
F94Words 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)
F95Words 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)
F96Words 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)
F97Words 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)
F98Words 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)
F99Word 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)
F100Words 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)
F101Words 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)
F102Words 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)
F103Words 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)
F104Words 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)
1.Any movement within [F105Great Britain] of a live specimen of a species listed in Annex A from the location indicated in the import permit or in any certificate issued in compliance with this Regulation [F106, or Regulation 338/97 (pre-exit),] shall require prior authorization from [F107the management authority]. In other cases of movement, the person responsible for moving the specimen must be able, where applicable, to provide proof of the legal origin of the specimen.
2.Such authorization shall:
(a)be granted only when the competent scientific authority F108... is satisfied that the intended accommodation for a live specimen at the place of destination is adequately equipped to conserve and care for it properly;
(b)be confirmed by issuance of a certificate; F109...
F110(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.However, no such authorization shall be required if a live animal must be moved for the purpose of urgent veterinary treatment and is returned directly to its authorized location.
4.Where a live specimen of a species listed in Annex B is moved within [F111Great Britain], the holder of the specimen may relinquish it only after ensuring that the intended recipient is adequately informed of the accommodation, equipment and practices required to ensure the specimen will be properly cared for.
5.When any live specimens are transported into, from or within [F112Great Britain] or are held during any period of transit or transhipment, they shall be prepared, moved and cared for in a manner such as to minimize the risk of injury, damage to health or cruel treatment and, in the case of animals, in conformity with [F113United Kingdom legislation] on the protection of animals during transport [F114(as that legislation applies in Great Britain)].
[F416.The [F115Secretary of State may, by regulations,] establish restrictions on the holding or movement of live specimens of such species in relation to which restrictions on introduction into [F116Great Britain] have been established in accordance with Article 4(6). F117...]
Textual Amendments
F41Substituted 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.
F105Words in Art. 9(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(10)(a)(i)
F106Words in Art. 9(1) inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(10)(a)(ii)
F107Words in Art. 9(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(10)(a)(iii)
F108Words in Art. 9(2)(a) 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(10)(b)(i)
F109Word in Art. 9(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(10)(b)(ii)
F110Art. 9(2)(c) 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(10)(b)(iii)
F111Words in Art. 9(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(10)(c)
F112Words in Art. 9(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(10)(d)(i)
F113Words in Art. 9(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(10)(d)(ii)
F114Words in Art. 9(5) inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(10)(d)(iii)
F115Words in Art. 9(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(10)(e)(i)(aa)
F116Words in Art. 9(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(10)(e)(i)(bb)
F117Words in Art. 9(6) 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(10)(e)(ii)
On receiving an application, together with all the requisite supporting documents, from the person concerned and provided that all the conditions governing their issuance have been fulfilled, [F118the management authority] may issue a certificate for the purposes referred to in Article 5 (2) (b), 5 (3) and (4), Article 8 (3) and Article 9 (2) (b).
Textual Amendments
F118Words in Art. 10 substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(11)
F1191.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1202.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.Any permit or certificate issued in accordance with this Regulation may stipulate conditions and requirements imposed by the [F121management] authority to ensure compliance with the provisions thereof. F122...
4.Any import permit issued on the basis of a copy of the corresponding export permit or re-export certificate shall be valid for the introduction of specimens into [F123Great Britain] only when accompanied by the original of the valid export permit or re-export certificate.
[F415.The [F124Secretary of State may, by regulations,] establish time limits for the issuance of permits and certificates. F125...]
Textual Amendments
F41Substituted 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.
F119Art. 11(1) 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(12)(a)
F120Art. 11(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(12)(a)
F121Word in Art. 11(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(12)(b)(i)
F122Words in Art. 11(3) 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(12)(b)(ii)
F123Words in Art. 11(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(12)(c)
F124Words in Art. 11(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(12)(d)(i)
F125Words in Art. 11(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(12)(d)(ii)
1.[F126The Secretary of State may] designate customs offices for carrying out the checks and formalities for the introduction into and export from [F127Great Britain], in order to assign to them a customs-approved treatment or use, F128... of specimens of species covered by this Regulation and shall state which offices are specifically intended to deal with live specimens.
2.All offices designated in accordance with paragraph 1 shall be provided with sufficient and adequately trained staff. [F129The Secretary of State must] ensure that accommodation is provided in accordance with relevant [F130United Kingdom] legislation as regards the transport and accommodation of live animals [F131(as that legislation applies in Great Britain)] and that, where necessary, adequate steps are taken for live plants.
[F1323.A list of the customs offices designated in accordance with paragraph 1 must be published in such form and manner as the Secretary of State considers appropriate.]
[F414.In exceptional cases and in accordance with the criteria [F133set out in regulations made by the Secretary of State, the] management authority may authorise the introduction into [F134Great Britain] or the export or re-export therefrom at a customs office other than one designated in accordance with paragraph 1. F135...]
5.[F136The Secretary of State] shall ensure that at border crossing-points the public are informed of the implementing provisions of this Regulation.
Textual Amendments
F41Substituted 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.
F126Words in Art. 12(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(13)(a)(i)
F127Words in Art. 12(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(13)(a)(ii)
F128Words in Art. 12(1) 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(13)(a)(iii)
F129Words in Art. 12(2) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(13)(b)(i)
F130Words in Art. 12(2) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(13)(b)(ii)
F131Words in Art. 12(2) inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(13)(b)(iii)
F132Art. 12(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(13)(b)(iv)
F133Words in Art. 12(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(13)(c)(i)(aa)
F134Words in Art. 12(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(13)(c)(i)(bb)
F135Words in Art. 12(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(13)(c)(ii)
F136Words in Art. 12(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(13)(d)
1.(a)[F137The Secretary of State must] designate a management authority with primary responsibility for implementation of this Regulation [F138(the management authority)]:
(b)[F139The Secretary of State] may also designate additional management authorities and other competent authorities to assist in implementation, in which case the primary management authority shall be responsible for providing the additional authorities with all the information required for correct application of this Regulation.
2.[F140The Secretary of State may] designate one or more scientific authorities with appropriate qualifications whose duties shall be separate from those of any designated management authority.
F1413.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F137Words in Art. 13(1)(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(14)(a)(i)(aa)
F138Words in Art. 13(1)(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(14)(a)(i)(bb)
F139Words in Art. 13(1)(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(14)(a)(ii)
F140Words in Art. 13(2) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(14)(b)
F141Art. 13(3) 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(14)(c)
1.(a)The competent authorities [F142must] monitor compliance with the provisions of this Regulation.
(b)If, at any time, the competent authorities have reason to believe that these provisions are being infringed, they shall take the appropriate steps to ensure compliance or to instigate legal action.
F143(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1442.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1453.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F142Word in Art. 14(1)(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(15)(a)(i)
F143Art. 14(1)(c) 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(15)(a)(ii)
F144Art. 14(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(15)(b)
F145Art. 14(3) 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(15)(b)
F1461.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.[F147The Secretary of State must] communicate with the Convention Secretariat so as to ensure that the Convention is effectively implemented throughout the territory to which this Regulation applies.
F1483.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.F149(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F150(b)[F151The Secretary of State must] make publicly available, before 31 October each year a Union-wide overview on the introduction into, and the export and re-export from, [F152Great Britain] of specimens of the species to which this Regulation applies and shall forward to the Convention Secretariat information on the species to which the Convention applies.]
F153(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F154(d)The Secretary of State must publish a report on the implementation and enforcement of this Regulation when reporting that information under the Convention, to the Convention Secretariat.]
[F155(e)[F156The Secretary of State must communicate to the Convention Secretariat before 31st October] each year all the information relating to the preceding year for drawing up the annual illegal trade report referred to in CITES Resolution Conf. 11.17 (rev. CoP17).]
F157 5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[X16. F158... [F159The Secretary of State] shall take appropriate measures to protect the confidentiality of information obtained in implementation of this Regulation [F160, having regard to the Environmental Information Regulations 2004 and the Environmental Information (Scotland) Regulations 2004].]
Editorial Information
X1Substituted by Corrigendum to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (Official Journal of the European Communities L 61 of 3 March 1997).
Textual Amendments
F146Art. 15(1) 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(16)(a)
F147Words in Art. 15(2) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(16)(b)
F148Art. 15(3) 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(16)(a)
F149Art. 15(4)(a) 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(16)(c)(i)
F150Substituted by Regulation (EU) 2019/1010 of the European Parliament and of the Council of 5 June 2019 on the alignment of reporting obligations in the field of legislation related to the environment, and amending Regulations (EC) No 166/2006 and (EU) No 995/2010 of the European Parliament and of the Council, Directives 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU of the European Parliament and of the Council, Council Regulations (EC) No 338/97 and (EC) No 2173/2005, and Council Directive 86/278/EEC (Text with EEA relevance).
F151Words in Art. 15(4)(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(16)(c)(ii)(aa)
F152Words in Art. 15(4)(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(16)(c)(ii)(bb)
F153Art. 15(4)(c) 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(16)(c)(i)
F154Art. 15(4)(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(16)(c)(iii)
F155Inserted by Regulation (EU) 2019/1010 of the European Parliament and of the Council of 5 June 2019 on the alignment of reporting obligations in the field of legislation related to the environment, and amending Regulations (EC) No 166/2006 and (EU) No 995/2010 of the European Parliament and of the Council, Directives 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU of the European Parliament and of the Council, Council Regulations (EC) No 338/97 and (EC) No 2173/2005, and Council Directive 86/278/EEC (Text with EEA relevance).
F156Words in Art. 15(4)(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(16)(c)(iv)
F157Art. 15(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(16)(a)
F158Words in Art. 15(6) 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(16)(d)(i)
F159Words in Art. 15(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(16)(d)(ii)
F160Words in Art. 15(6) inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(16)(d)(iii)
1.[F161The following are infringements] of this Regulation:
(a)introduction into, or export or re-export from, [F162Great Britain] of specimens without the appropriate permit or certificate or with a false, falsified or invalid permit or certificate or one altered without authorization by the issuing authority;
(b)failure to comply with the stipulations specified on a permit or certificate issued in accordance with this Regulation;
(c)making a false declaration or knowingly providing false information in order to obtain a permit or certificate;
(d)using a false, falsified or invalid permit or certificate or one altered without authorization as a basis for obtaining a [F163permit or certificate issued in accordance with this Regulation] or for any other official purpose in connection with this Regulation;
(e)making no import notification or a false import notification;
(f)shipment of live specimens not properly prepared so as to minimize the risk of injury, damage to health or cruel treatment;
(g)use of specimens of species listed in Annex A other than in accordance with the authorization given at the time of issuance of the import permit or subsequently;
(h)trade in artificially propagated plants contrary to the provisions laid down in accordance with Article 7(1)(b);
(i)shipment of specimens into or out of or in transit through [F164Great Britain] without the appropriate permit or certificate issued in accordance with this Regulation and, in the case of export or re-export from a third country party to the Convention, in accordance therewith, or without satisfactory proof of the existence of such permit or certificate;
(j)purchase, offer to purchase, acquisition for commercial purposes, use for commercial gain, display to the public for commercial purposes, sale, keeping for sale, offering for sale or transporting for sale of specimens in contravention of Article 8;
(k)use of a permit or certificate for any specimen other than one for which it was issued;
(l)falsification or alteration of any permit or certificate issued in accordance with this Regualation;
(m)failure to disclose rejection of an application for [F165an] import, export or re-export permit or certificate, in accordance with Article 6 (3).
F1662.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.Where a specimen is confiscated, it shall be entrusted to [F167the relevant competent authority of the United Kingdom] which:
(a)following consultation with [F168the relevant scientific authority of the United Kingdom], shall place or otherwise dispose of the specimen under conditions which it deems to be appropriate and consistent with the purposes and provisions of the Convention and this Regulation; and
(b)in the case of a live specimen which has been introduced into [F169Great Britain], may, after consultation with the State of export, return the specimen to that State at the expense of the convicted person.
4.Where a live specimen of a species listed in Annex B or C arrives at a point of introduction into [F170Great Britain] without the appropriate valid permit or certificate, the specimen must be seized and may be confiscated or, if the consignee refuses to acknowledge the specimen, [F171the relevant competent authority of the United Kingdom] may, if appropriate, refuse to accept the shipment and require the carrier to return the specimen to its place of departure.
Textual Amendments
F161Words in Art. 16(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(17)(a)(i)
F162Words in Art. 16(1)(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(17)(a)(ii)
F163Words in Art. 16(1)(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(17)(a)(iii)
F164Words in Art. 16(1)(i) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(17)(a)(iv)
F165Word in Art. 16(1)(m) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(17)(a)(v)
F166Art. 16(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(17)(b)
F167Words in Art. 16(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(17)(c)(i)
F168Words in Art. 16(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(17)(c)(ii)
F169Words in Art. 16(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(17)(c)(iii)
F170Words in Art. 16(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(17)(d)(i)
F171Words in Art. 16(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(17)(d)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F172Art. 17 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(18)
1.Regulations made under this Regulation are to be made by statutory instrument.
2.A statutory instrument containing regulations made under this Regulation is to be laid before Parliament after being made, except for a statutory instrument containing regulations made under the following Articles, which is subject to annulment in pursuance of a resolution of either House of Parliament—
(a)Article 4(6);
(b)Article 5(7);
(c)Article 7(1);
(d)Article 7(2);
(e)Article 7(3);
(f)Article 8(4);
(g)Article 9(6);
(h)Article 19(4);
(i)Article 19(5).
3.Such regulations may—
(a)contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));
(b)make different provision for different cases.]
Textual Amendments
F173Art. 18 substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(19)
1.F174...
The [F175Secretary of State may, by regulations, prescribe] the design of the documents referred to in Articles 4, 5, 7(4) and 10 F176....
F177 2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.The [F178Secretary of State must, by regulations, prescribe] conditions and criteria for:
(a)the issue, validity and use of the documents referred to in Articles 4, 5, 7(4) and 10;
(b)the use of phytosanitary certificates referred to in Article 7(1)(b)(i);
(c)the establishment of procedures, where necessary, for marking specimens in order to facilitate identification and ensure enforcement of the provisions.
F179...
4.The [F180Secretary of State may, by regulations,] implement resolutions of the Conference of the Parties to the Convention, decisions or recommendations of the Standing Committee of the Convention and recommendations of the Convention Secretariat. F181...
5.The [F182Secretary of State may, by regulations,] amend Annexes A to D except in the case of amendments to Annex A which do not result from decisions of the Conference of the Parties to the Convention. [F183Before amending Annex B with respect to species described at Article 3(2)(c) or (d), or amending Annex D with respect to species described at Article 3(4)(a), the Secretary of State must consult the scientific authority regarding the amendment.]]
Textual Amendments
F41Substituted 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.
F174Words in Art. 19(1) 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(20)(a)(i)
F175Words in Art. 19(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(20)(a)(ii)(aa)
F176Words in Art. 19(1) 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(20)(a)(ii)(bb)
F177Art. 19(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(20)(b)
F178Words in Art. 19(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(20)(c)(i)
F179Words in Art. 19(3) 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(20)(c)(ii)
F180Words in Art. 19(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(20)(d)(i)
F181Words in Art. 19(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(20)(d)(ii)
F182Words in Art. 19(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(20)(e)(i)
F183Words in Art. 19(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(20)(e)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F184Arts. 20-22 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(21)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F184Arts. 20-22 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(21)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F184Arts. 20-22 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(21)
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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