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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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There are currently no known outstanding effects for the Council Regulation (EC) No 338/97, Article 9.
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1.Any movement within [F1Great 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 [F2, or Regulation 338/97 (pre-exit),] shall require prior authorization from [F3the 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 F4... 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; F5...
F6(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 [F7Great 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 [F8Great 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 [F9United Kingdom legislation] on the protection of animals during transport [F10(as that legislation applies in Great Britain)].
[F116.The [F12Secretary 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 [F13Great Britain] have been established in accordance with Article 4(6). F14...]
Textual Amendments
F1Words 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)
F2Words 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)
F3Words 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)
F4Words 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)
F5Word 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)
F6Art. 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)
F7Words 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)
F8Words 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)
F9Words 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)
F10Words 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)
F11Substituted 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.
F12Words 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)
F13Words 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)
F14Words 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)
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