PART 3Protection of species

Interpretation of Part 3

Interpretation of Part 349.

In this Part—

F1“the 2018 Regulations” means the Control of Trade in Endangered Species Regulations 2018;

“the forfeiture provisions” means—

(a)

section 21(6) of the WCA 1981 (penalties, forfeitures etc.) M1;

(b)

F2regulation 10(a) and (b) of the 2018 Regulations (forfeiture) ; or

(c)

regulation 128 of these Regulations;

“the implementation date” means—

(a)

where the relevant State became a member State before 10th June 1994, 10th June 1994, and

(b)

in any other case, the date on which the relevant State became a member State;

“relevant State” means (as the case may be) the State in whose territory—

(a)

the animal, or part of it, was taken from the wild; or

(b)

the plant, or part of it, was taken in the wild;

“the sampling provisions” means—

(a)

the following provisions of the WCA 1981—

  1. (i)

    section 18C (Group 1 offences and licences: examining specimens and taking samples) M2

  2. (ii)

    section 18E (Group 2 offences: examining specimens and taking samples) M3; or

  3. (iii)

    section 19XA (constables' powers in connection with samples) M4;

(b)

F3regulation 8(3) and (5) of the 2018 Regulations (powers of entry);

(c)

regulation 119 and 120 of these Regulations; or

(d)

regulation 63(2) of the Offshore Marine Conservation Regulations (powers relating to specimens);

“the TFEU” means the Treaty on the Functioning of the European Union.