- Latest available (Revised)
- Point in Time (11/08/2009)
- Original (As made)
Version Superseded: 01/10/2018
Point in time view as at 11/08/2009.
There are currently no known outstanding effects for the The Control of Trade in Endangered Species (Enforcement) (Amendment) Regulations 2009 (revoked).
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.
Statutory Instruments
Wildlife
Made
2nd July 2009
Laid before Parliament
8th July 2009
Coming into force
11th August 2009
The Secretary of State, being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the environment, makes these Regulations in exercise of the powers conferred by that section and paragraph 1A of Schedule 2(3) to that Act.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for references in these Regulations to Council Regulation (EC) No 338/97 (on the protection of species of wild fauna and flora by regulating trade therein(4)) and to Commission Regulation (EC) No 865/2006(5) (laying down detailed rules concerning the implementation of that Council Regulation) to be construed as references to those Regulations as amended from time to time.
1.—(1) These Regulations may be cited as the Control of Trade in Endangered Species (Enforcement) (Amendment) Regulations 2009 and come into force on 11th August 2009.
(2) In these Regulations “the COTES Regulations” means the Control of Trade in Endangered Species (Enforcement) Regulations 1997(6).
2. In regulation 2 of the COTES Regulations (interpretation)—
(a)in paragraph (1)—
(i)for the definition of “Principal Regulation” substitute—
““Principal Regulation” means Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein;”, and
(ii)for the definition of “Subsidiary Regulation” substitute—
““Subsidiary Regulation” means Commission Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation No 338/97”; and
(b)after paragraph (4) insert—
“(5) In these Regulations—
(a)any reference to the Principal Regulation is a reference to the Principal Regulation as amended from time to time; and
(b)any reference to the Subsidiary Regulation is a reference to the Subsidiary Regulation as amended from time to time.”.
3. After regulation 8 of the COTES Regulations insert—
8A.—(1) For the purposes of regulation 8 (purchase and sale etc), a split-listed specimen is presumed to be of a species listed in Annex A to the Principal Regulation, provided that—
(a)where the specimen falls within paragraph (3), it is not reasonably practicable to determine the population from which that specimen derives;
(b)where the specimen falls within paragraph (4), it is not reasonably practicable to determine the subspecies to which that specimen belongs;
(c)where the specimen falls within paragraph (5), it is not reasonably practicable to determine the species or subspecies to which that specimen belongs.
(2) In paragraph (1), “split-listed specimen” means a specimen falling within paragraph (3), (4) or (5).
(3) A specimen falls within this paragraph if—
(a)the specimen is of a species or subspecies, or is included in a higher taxon than species, listed in either Annex A or Annex B to the Principal Regulation (or listed in both of those Annexes); and
(b)one or more geographical populations of that species, subspecies or higher taxon are included in one of those Annexes and all the other populations of that species, subspecies or higher taxon are included in the other of those Annexes.
(4) A specimen falls within this paragraph if—
(a)the specimen is of a species listed in either Annex A or Annex B to the Principal Regulation; and
(b)one or more subspecies of that species are included in one of those Annexes and all the other subspecies of that species are included in the other of those Annexes.
(5) A specimen falls within this paragraph if—
(a)the specimen is included in a higher taxon than species and that taxon is listed in either Annex A or Annex B to the Principal Regulation; and
(b)one or more species or subspecies of that higher taxon are included in one of those Annexes, all the other species or subspecies included in that taxon are included in the other of those Annexes, and all geographical populations of those species or subspecies are included in those Annexes.”.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
2nd July 2009
(This note is not part of the Regulations)
These Regulations insert a new regulation 8A into the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/1372) (“the COTES Regulations”), describing three cases in which a specimen is presumed to be of a species listed in Annex A to Council Regulation (EC) No 338/97 (OJ No L 61, 3.3.97, p. 1) (“the Principal Regulation”). This presumption applies for the purposes of regulation 8 of the COTES Regulations, which provides for certain offences relating to the purchase, sale etc. of specimens, the details of which differ depending on whether the specimen is of a species listed in Annex A or Annex B to the Principal Regulation. The presumption in favour of Annex A relates to cases where different species, subspecies or geographical populations of species are split between Annexes A and B to the Principal Regulation.
An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006.
OJ No L 61, 3.3.97, p 1, amended by Commission Regulation (EC) No 407/2009 (OJ No L 123, 19.5.09, p 3); there are other amending instruments but none is relevant.
OJ No L 166, 19.6.06, p 1, amended by Commission Regulation (EC) No 100/2008 (OJ No L 31, 5.2.08, p 3).
S.I. 1997/1372, amended by S.I. 2005/1674 and 2007/2952.
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 Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates 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. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: