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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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1.Annex A shall contain:
(a)the species listed in Appendix I to the Convention for which the [F1United Kingdom has] not entered a reservation;
(b)any species:
which is, or may be, in demand for utilization in [F2Great 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 [F3United 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 [F4Great Britain] would constitute an ecological threat to wild species of fauna and flora indigenous to [F4Great 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 [F5United 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 [F6Great 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.
F75.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words 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)
F2Words 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)
F3Words 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)
F4Words 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)
F5Words 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)
F6Words 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)
F7Art. 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)
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