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—

    1. a

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

    2. b

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

    3. c

      regulation 128 of these Regulations;

  • the implementation date” means—

    1. a

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

    2. 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—

    1. a

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

    2. b

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

  • the sampling provisions” means—

    1. 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;

    2. b

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

    3. c

      regulation 119 and 120 of these Regulations; or

    4. 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.