Council Regulation (EC) No 338/97Show full title

Article 1 U.K. Object

The object of this Regulation is to protect species of wild fauna and flora and to guarantee their conservation by regulating trade therein in accordance with the following Articles.

This Regulation shall apply in compliance with the objectives, principles and provisions of the Convention defined in Article 2.

Article 2 U.K. Definitions

For the purposes of this Regulation:

(a)

F1 ...

(b)

‘convention’ shall mean the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites);

(c)

‘country of origin’ shall mean the country in which a specimen was taken from the wild, captive-bred or artificially propagated;

(d)

‘import notification’ shall mean the notification given by the importer or his agent or representative, at the time of the introduction into [F2 Great Britain] of a specimen of a species included in Annexes C or D, on a form prescribed [F3 in regulations made by the Secretary of State];

(e)

‘introduction from the sea’ shall mean the introduction into [F4 Great Britain] of any specimen which was taken in, and is being introduced directly from, the marine environment not under the jurisdiction of any State, including the air-space above the sea and the sea-bed and subsoil beneath the sea;

(f)

‘issuance’ shall mean the completion of all procedures involved in preparing and validating a permit or certificate and its delivery to the applicant;

(g)

[F5 “management authority” shall mean the person designated in accordance with Article 13(1)(a);]

(h)

F6 ...

(i)

‘offering for sale’ shall mean offering for sale and any action that may reasonably be construed as such, including advertising or causing to be advertised for sale and invitation to treat;

(j)

‘personal or household effects’ shall mean dead specimens, parts and derivatives thereof, that are the belongings of a private individual and that form, or are intended to form, part of his normal goods and chattels;

(k)

‘place of destination’ shall mean the place at which at the time of introduction into [F7 Great Britain], it is intended that specimens will normally be kept; in the case of live specimens, this shall be the first place where specimens are intended to be kept following any period of quarantine or other confinement for the purposes of sanitary checks and controls;

(l)

‘population’ shall mean a biologically or geographically distinct total number of individuals;

(m)

‘primarily commercial purposes’ shall mean all purposes the non-commercial aspects of which do not clearly predominate;

(n)

‘re-export from [F8 Great Britain]’ shall mean export from [F8 Great Britain] of any specimen that has previously been introduced;

(na)

[F9 “Regulation 338/97 (pre-exit)” shall mean Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, as it had effect immediately before IP completion day;]

(o)

‘reintroduction into [F10 Great Britain]’ shall mean introduction into [F10 Great Britain] of any specimen that has previously been exported or re-exported;

(p)

‘sale’ shall mean any form of sale. For the purposes of this Regulation, hire, barter or exchange shall be regarded as sale; cognate expressions shall be similarly construed;

(q)

‘scientific authority’ shall mean a scientific authority designated F11 ..., in accordance with [F12 Article 13(2)] or, in the case of a third country party to the Convention, in accordance with Article IX of the Convention;

(r)

F13 ...

(s)

‘species’ shall mean a species, subspecies or population thereof;

(t)

‘specimen’ shall mean any animal or plant, whether alive or dead, of the species listed in Annexes A to D, any part or derivative thereof, whether or not contained in other goods, as well as any other goods which appear from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be or to contain parts or derivatives of animals or plants of those species, unless such parts or derivatives are specifically exempted from the provisions of this Regulation or from the provisions relating to the Annex in which the species concerned is listed by means of an indication to that effect in the Annexes concerned.

A specimen will be considered to be a specimen of a species listed in Annexes A to D if it is, or is part of or derived from, an animal or plant at least one of whose ‘parents’ is of a species so listed. In cases where the ‘parents’ of such an animal or plant are of species listed in different Annexes, or of species only one of which is listed, the provisions of the more restrictive Annex shall apply. However, in the case of specimens of hybrid plants, if one of the ‘parents’ is of a species listed in Annex A, the provisions of the more restrictive Annex shall apply only if that species is annotated to that effect in the Annex;

(ta)

[F14 “third country” shall mean any country or territory other than Great Britain;]

(tb)

[F14 “third country authority” shall mean the authority of a third country party to the Convention designated in accordance with Article IX of the Convention;]

(u)

‘trade’ shall mean the introduction into [F15 Great Britain], including introduction from the sea, and the export and re-export therefrom, as well as the use, movement and transfer of possession within [F15 Great Britain] F16 ... of specimens subject to the provisions of this Regulation;

(v)

‘transit’ shall mean the transport of specimens between two points outside [F17 Great Britain] through the territory of [F17 Great Britain] which are shipped to a named consignee and during which any interruption in the movement arises only from the arrangements necessitated by this form of traffic;

(w)

‘worked specimens that were acquired more than 50 years previously’ shall mean specimens that were significantly altered from their natural raw state for jewellery, adornment, art, utility, or musical instruments, [F18 before 3rd March 1947] and that have been, to the satisfaction of the management authority F19 ..., acquired in such conditions. Such specimens shall be considered as worked only if they are clearly in one of the aforementioned categories and require no further carving, crafting or manufacture to effect their purpose;

(x)

‘checks at the time of introduction, export, re-export and transit’ shall mean documentary checks on the certificates, permits and notifications provided for in this Regulation and — in cases where [F20 United Kingdom legislation (as it applies to Great Britain) so provides] or in other cases by representative sampling of the consignments — examination of the specimens, where appropriate accompanied by the taking of samples with a view to analysis or more detailed checks.

Textual Amendments

F1 Art. 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(2)(a)

F2 Words in Art. 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(2)(b)(i)

F3 Words in Art. 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(2)(b)(ii)

F4 Words in Art. 2(e) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(c)

F5 Art. 2(g) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(d)

F6 Art. 2(h) 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(2)(e)

F7 Words in Art. 2(k) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(f)

F8 Words in Art. 2(n) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(g)

F9 Art. 2(na) inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(h)

F10 Words in Art. 2(o) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(i)

F11 Words in Art. 2(q) 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(2)(j)(i)

F12 Words in Art. 2(q) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(j)(ii)

F13 Art. 2(r) 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(2)(k)

F14 Art. 2(ta)(tb) inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(l)

F15 Words in Art. 2(u) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(m)(i)

F16 Words in Art. 2(u) 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(2)(m)(ii)

F17 Words in Art. 2(v) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(n)

F18 Words in Art. 2(w) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(o)(i)

F19 Words in Art. 2(w) 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(2)(o)(ii)

F20 Words in Art. 2(x) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(p)

[F21 Article 2a U.K. References to importation etc.

In this Regulation—

(a) references to the importation or introduction of anything into Great Britain includes the importation or introduction of anything into Northern Ireland before IP completion day;

(b) references to the export, or re-export of anything from Great Britain includes the export, or re-export of anything from Northern Ireland before IP completion day;

(c) references to the transit of specimens through Great Britain includes the transit of specimens through Northern Ireland before IP completion day.]

Textual Amendments

F21 Art. 2a inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(3)

Article 3 U.K. Scope

1. Annex A shall contain:

(a) the species listed in Appendix I to the Convention for which the [F22 United Kingdom has] not entered a reservation;

(b) any species:

(i)

which is, or may be, in demand for utilization in [F23 Great 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

(ii)

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 [F24 United 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:

(i)

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

(ii)

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 [F25 Great Britain] would constitute an ecological threat to wild species of fauna and flora indigenous to [F25 Great 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 [F26 United 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 [F27 Great 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.

F28 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 Words 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)

F23 Words 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)

F24 Words 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)

F25 Words 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)

F26 Words 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)

F27 Words 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)

F28 Art. 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)

Article 4 U.K. Introduction into [F29 Great Britain]

1. The introduction into [F30 Great Britain] of specimens of the species listed in Annex A shall be subject to completion of the necessary checks and the prior presentation, at the border customs office at the point of introduction, of an import permit issued by [F31 the management authority].

The import permit may be issued only in accordance with the restrictions established pursuant to paragraph 6 and when the following conditions have been met:

(a) the competent scientific authority F32 ... has advised that the introduction into [F33 Great Britain]:

(i)

would not have a harmful effect on the conservation status of the species or on the extent of the territory occupied by the relevant population of the species;

(ii)

is taking place:

• for one of the purposes referred to in Article 8(3)(e), (f) and (g), or

• for other purposes which are not detrimental to the survival of the species concerned;

(i)

the applicant provides documentary evidence that the specimens have been obtained in accordance with the legislation on the protection of the species concerned which, in the case of import from a third country of specimens of a species listed in the Appendices to the Convention, shall be an export permit or re-export certificate, or copy thereof, issued in accordance with the Convention by a competent authority of the country of export or re-export;

(ii)

however, the issuance of import permits for species listed in Annex A in accordance with Article 3(1)(a) shall not require such documentary evidence, but the original of any such import permit shall be withheld from the applicant pending presentation of the export permit or re-export certificate;

(c) the competent scientific authority 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;

(d) the management authority is satisfied that the specimen is not to be used for primarily commercial purposes;

(e) the management authority is satisfied, following consultation with the competent scientific authority, that there are no other factors relating to the conservation of the species which militate against issuance of the import permit; and

(f) in the case of introduction from the sea, the management authority is satisfied that any live specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.

2. The introduction into [F34 Great Britain] of specimens of the species listed in Annex B shall be subject to completion of the necessary checks and the prior presentation, at the border customs office at the point of introduction, of an import permit issued by [F35 the management authority].

The import permit may be issued only in accordance with the restrictions established pursuant to paragraph 6 and when:

(a) the competent scientific authority, after examining available data F36 ... is of the opinion that the introduction into [F37 Great Britain] would not have a harmful effect on the conservation status of the species or on the extent of the territory occupied by the relevant population of the species, taking account of the current or anticipated level of trade. This opinion shall be valid for subsequent imports as long as the abovementioned aspects have not changed significantly;

(b) the applicant provides documentary evidence that the intended accommodation for a live specimen at the place of destination is adequately equipped to conserve and care for it properly;

(c) the conditions referred to in paragraph 1(b)(i), (e) and (f) have been met.

3. The introduction into [F38 Great Britain] of specimens of the species listed in Annex C shall be subject to completion of the necessary checks and the prior presentation, at the border customs office at the point of introduction, of an import notification and:

(a) in the case of export from a country mentioned in relation to the species concerned in Annex C, the applicant shall provide documentary evidence, by means of an export permit issued in accordance with the Convention by an authority of that country competent for the purpose, that the specimens have been obtained in accordance with the national legislation on the conservation of the species concerned; or

(b) in the case of export from a country not mentioned in relation to the species concerned in Annex C or re-export from any country, the applicant shall present an export permit, a re-export certificate or a certificate of origin issued in accordance with the Convention by an authority of the exporting or re-exporting country competent for the purpose.

4. The introduction into [F39 Great Britain] of specimens of the species listed in Annex D shall be subject to completion of the necessary checks and the prior presentation of an import notification at the border customs office at the point of introduction.

5. The conditions for the issuance of an import permit as referred to in paragraph 1(a) and (d) and in paragraph 2(a), (b) and (c) shall not apply to specimens for which the applicant provides documentary evidence:

(a) that they had previously been legally introduced into or acquired in [F40 Great Britain] and that they are, modified or not, being reintroduced into [F40 Great Britain]; or

(b) that they are worked specimens that were acquired more than 50 years previously.

[F41 6. In consultation with the countries of origin concerned, F42 ... and taking account of any opinion from the [F43 scientific authority, the Secretary of State may, by regulations,] establish general restrictions, or restrictions relating to certain countries of origin, on the introduction into [F44 Great Britain]:

(a) on the basis of the conditions referred to in paragraph 1(a)(i) or (e), of specimens of species listed in Annex A;

(b) on the basis of the conditions referred to in paragraph 1(e) or paragraph 2(a), of specimens of species listed in Annex B; and

(c) of live specimens of species listed in Annex B which have a high mortality rate during shipment or for which it has been established that they are unlikely to survive in captivity for a considerable proportion of their potential life span; or

(d) of live specimens of species for which it has been established that their introduction into the natural environment of [F45 Great Britain] presents an ecological threat to wild species of fauna and flora indigenous to [F45 Great Britain].

The [F46 Secretary of State must] on a quarterly basis publish a list of such restrictions, if any F47 ....

7. Where special cases of transhipment, air transfer or rail transport occur following introduction into [F48 Great Britain], derogations from completion of the checks and presentations of import documents at the border customs office at the point of introduction which are referred to in paragraphs 1 to 4 [F49 may, by regulations, be prescribed by the Secretary of State] in order to permit such checks and presentations to be made at another customs office designated in accordance with Article 12(1).

F50 ...]

Textual Amendments

F29 Words in Art. 4 heading substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(a)

F30 Words in Art. 4(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(5)(b)(i)(aa)

F31 Words in Art. 4(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(5)(b)(i)(bb)

F32 Words in Art. 4(1)(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(5)(b)(ii)(aa)

F33 Words in Art. 4(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(5)(b)(ii)(bb)

F34 Words in Art. 4(2) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(c)(i)(aa)

F35 Words in Art. 4(2) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(c)(i)(bb)

F36 Words in Art. 4(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(5)(c)(ii)(aa)

F37 Words in Art. 4(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(5)(c)(ii)(bb)

F38 Words in Art. 4(3) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(d)

F39 Words in Art. 4(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(5)(e)

F40 Words in Art. 4(5)(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(5)(f)

F41 Substituted 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.

F42 Words in Art. 4(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(5)(g)(i)(aa)

F43 Words in Art. 4(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(5)(g)(i)(bb)

F44 Words in Art. 4(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(5)(g)(i)(cc)

F45 Words in Art. 4(6)(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(5)(g)(ii)

F46 Words in Art. 4(6)(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(5)(g)(iii)(aa)

F47 Words in Art. 4(6)(d) 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(5)(g)(iii)(bb)

F48 Words in Art. 4(7) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(h)(i)(aa)

F49 Words in Art. 4(7) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(h)(i)(bb)

F50 Words in Art. 4(7) 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(5)(h)(ii)

Article 5 U.K. Export or re-export from [F51 Great Britain]

1. The export or re-export from [F52 Great Britain] of specimens of the species listed in Annex A shall be subject to completion of the necessary checks and the prior presentation, at the customs office at which the export formalities are completed, of an export permit or re-export certificate issued by [F53 the management authority].

2. An export permit for specimens of the species listed in Annex A may be issued only when the following conditions have been met:

(a) the competent scientific authority has advised in writing that the capture or collection of the specimens in the wild or their export will not have a harmful effect on the conservation status of the species or on the extent of the territory occupied by the relevant population of the species;

(b) the applicant provides documentary evidence that the specimens have been obtained in accordance with the legislation in force on the protection of the species in question; F54 ...

(c) the management authority is satisfied that:

(i)

any live specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment; and

(ii)

• the specimens of species not listed in Annex I to the Convention will not be used for primarily commercial purposes, or

• in the case of export to a State party to the Convention of specimens of the species referred to in Article 3(1)(a) of this Regulation, an import permit has been issued;

and

(d) the management authority F55 ... is satisfied, following consultation with the competent scientific authority, that there are no other factors relating to the conservation of the species which militate against issuance of the export permit.

3. A re-export certificate may be issued only when the conditions referred to in paragraph 2 (c) and (d) have been met and when the applicant provides documentary evidence that the specimens:

(a) were introduced into [F56 Great Britain] in accordance with the provisions of this Regulation;

[F57 (aa) were acquired in, or were introduced into, the United Kingdom before IP completion day and in accordance with the requirements of Regulation 338/97 (pre-exit);]

(b) if introduced into the [F58 United Kingdom] before the entry into force of [F59 Regulation 338/97 (pre-exit)], were introduced in accordance with the provisions of Regulation (EEC) No 3626/82; or

(c) if introduced into the [F60 United Kingdom] before 1984, entered international trade in accordance with the provisions of the Convention; or

(d) were legally introduced into the territory of [F61 the United Kingdom] before the provisions of the Regulations referred to in (a) [F62 , (aa)] and (b) or of the Convention became applicable to them F63 ....

4. The export or re-export from [F64 Great Britain] of specimens of the species listed in Annexes B and C shall be subject to completion of the necessary checks and the prior presentation, at the customs office at which the export formalities are completed, of an export permit or re-export certificate issued by [F65 the management authority].

An export permit may be issued only when the conditions referred to in paragraph 2 (a), (b), (c) (i) and (d) have been met.

A re-export certificate may be issued only when the conditions referred to in paragraph 2 (c) (i) and (d) and in paragraph 3 (a) to (d) have been met.

F66 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. The conditions for the issuance of an export permit or re-export certificate as referred to in paragraph 2 (a) and (c) (ii) shall not apply to:

(i)

worked specimens that were acquired more than 50 years previously; or

(ii)

dead specimens and parts and derivatives thereof for which the applicant provides documentary evidence that they were legally acquired before the provisions of [F67 Regulation 338/97 (pre-exit)], or of Regulation (EEC) No 3626/82 or of the Convention became applicable to them.

7. (a) The competent scientific authority F68 ... shall monitor the issuance of export permits by [F69 the management authority] for specimens of species listed in Annex B and actual exports of such specimens. Whenever such scientific authority determines that the export of specimens of any such species should be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystem in which it occurs, and well above the level at which that species might become eligible for inclusion in Annex A in accordance with Article 3 (1) (a) or (b) (i), the scientific authority shall advise the F70 ... management authority, in writing, of suitable measures to be taken to limit the issuance of export permits for specimens of that species

[F71 (b) Whenever the management authority is advised of the measures referred to in (a), it shall inform and send comments to the Secretary of State who may make regulations restricting exports of the species concerned.]

Textual Amendments

F51 Words in Art. 5 heading substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(6)(a)

F52 Words in Art. 5(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(6)(b)(i)

F53 Words in Art. 5(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(6)(b)(ii)

F54 Words in Art. 5(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(6)(c)(i)

F55 Words in Art. 5(2)(d) 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(6)(c)(ii)

F56 Words in Art. 5(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(6)(d)(i)

F57 Art. 5(3)(aa) inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(6)(d)(ii)

F58 Words in Art. 5(3)(b) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(6)(d)(iii)(aa)

F59 Words in Art. 5(3)(b) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(6)(d)(iii)(bb)

F60 Words in Art. 5(3)(c) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(6)(d)(iv)

F61 Words in Art. 5(3)(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(6)(d)(v)(aa)

F62 Word in Art. 5(3)(d) inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(6)(d)(v)(bb)

F63 Words in Art. 5(3)(d) 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(6)(d)(v)(cc)

F64 Words in Art. 5(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(6)(e)(i)

F65 Words in Art. 5(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(6)(e)(ii)

F66 Art. 5(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(6)(f)

F67 Words in Art. 5(6)(ii) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(6)(g)

F68 Words in Art. 5(7)(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(6)(h)(i)(aa)

F69 Words in Art. 5(7)(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(6)(h)(i)(bb)

F70 Word in Art. 5(7)(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(6)(h)(i)(cc)

F71 Art. 5(7)(b) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(6)(h)(ii)

Article 6 U.K. Rejection of applications for permits and certificates referred to in Articles 4, 5 and 10

F72 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F73 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. When an application is made for a permit or certificate relating to specimens for which such an application has previously been rejected [F74 by the management authority or by a third country authority], the applicant must inform the [F75 management authority] of the previous rejection.

F76 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72 Art. 6(1) 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(7)(a)

F73 Art. 6(2) 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(7)(a)

F74 Words in Art. 6(3) inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(7)(b)(i)

F75 Words in Art. 6(3) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(7)(b)(ii)

F76 Art. 6(4) 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(7)(a)

Article 7 U.K. Derogations

1. Specimens born and bred in captivity or artificially propagated

(a) Save where Article 8 applies, specimens of species listed in Annex A that have been born and bred in captivity or artificially propagated shall be treated in accordance with the provisions applicable to specimens of species listed in Annex B.

(b) In the case of artificially propagated plants, the provisions of Articles 4 and 5 may be waived under special conditions [F77 set out in regulations made by the Secretary of State], relating to:

(i)

the use of phytosanitary certificates;

(ii)

trade by registered commercial traders and by the scientific institutions referred to in paragraph 4 of this Article; and

(iii)

trade in hybrids.

[F41 (c) The criteria for determining whether a specimen has been born and bred in captivity or artificially propagated and whether for commercial purposes, as well as the special conditions referred to in (b), shall be specified [F78 in regulations made by the Secretary of State]. F79 ...]

2. Transit

(a) By way of derogation from Article 4, where a specimen is in transit through [F80 Great Britain], checks and presentation at the border customs office at the point of introduction of the prescribed permits, certificates and notifications shall not be required.

(b) In the case of species listed in the Annexes in accordance with Article 3 (1) and Article 3 (2) (a) and (b), the derogation referred to in (a) shall apply only where a valid export or re-export document provided for by the Convention, relating to the specimens that it accompanies and specifying the destination of the specimens, has been issued by the competent authorities of the exporting or re-exporting third country.

[F41 (c) If the document referred to in (b) has not been issued before export or re-export, the specimen must be seized and may, where applicable, be confiscated unless the document is submitted retrospectively in compliance with the conditions specified [F81 in regulations made by the Secretary of State]. F82 ...]

[F41 3. Personal and household effects

By way of derogation from Articles 4 and 5, the provisions therein shall not apply to dead specimens, parts and derivatives of species listed in Annexes A to D which are personal or household effects being introduced into [F83 Great Britain], or exported or re-exported therefrom, in compliance with provisions that shall be specified [F84 in regulations made by the Secretary of State]. F85 ...

4 . Scientific institutions

The documents referred to in Articles 4, 5, 8 and 9 shall not be required in the case of non-commercial loans, donations and exchanges between scientists and scientific institutions, registered by the management authorities of the States in which they are located, of herbarium specimens and other preserved, dried or embedded museum specimens, and of live plant material, bearing a label, the model for which has been F86 ... issued or approved by a management authority of a third country.]

Textual Amendments

F41 Substituted 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.

F77 Words in Art. 7(1)(b) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(8)(a)

F78 Words in Art. 7(1)(c) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(8)(b)(i)

F79 Words in Art. 7(1)(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(8)(b)(ii)

F80 Words in Art. 7(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(8)(c)

F81 Words in Art. 7(2)(c) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(8)(b)(i)

F82 Words in Art. 7(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(8)(b)(ii)

F83 Words in Art. 7(3) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(8)(d)(i)(aa)

F84 Words in Art. 7(3) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(8)(d)(i)(bb)

F85 Words in Art. 7(3) 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(8)(d)(ii)

F86 Words in Art. 7(4) 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(8)(e)

Article 8 U.K. Provisions relating to the control of commercial activities

1. The purchase, offer to purchase, acquisition for commercial purposes, display to the public for commercial purposes, use for commercial gain and sale, keeping for sale, offering for sale or transporting for sale of specimens of the species listed in Annex A shall be prohibited.

F87 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. In accordance with the requirements of other [F88 United Kingdom legislation (as that legislation applies in Great Britain)] on the conservation of wild fauna and flora, exemption from the prohibitions referred to in paragraph 1 may be granted by issuance of a certificate to that effect by [F89 the management authority], on a case-by-case basis where the specimens:

[F90 (a) were—

(i) acquired in, or were introduced into, a Member State before the provisions relating to species listed in Appendix I to the Convention or in Annex C1 to Regulation (EEC) No 3626/82 or in Annex A to Regulation 338/97 (pre-exit) became applicable to the specimens; and

(ii) acquired in, or were introduced into, the United Kingdom before IP completion day; or]

[F91 (aa) were acquired in, or were introduced into, the United Kingdom before the provisions relating to species listed in Appendix 1 to the Convention or in Annex C1 to Regulation (EEC) No 3626/82 or in Annex A to Regulation 338/97 (pre-exit) became applicable to the specimens; or]

(b) are worked specimens that were acquired more than 50 years previously; or

(c) were introduced into [F92 Great Britain] in compliance with the provisions of this Regulation and are to be used for purposes which are not detrimental to the survival of the species concerned; or

(d) are captive-born and bred specimens of an animal species or artificially propagated specimens of a plant species or are parts or derivatives of such specimens; or

(e) are required under exceptional circumstances for the advancement of science or for essential biomedical purposes pursuant to [F93 , and in accordance with, the Animals (Scientific Procedures) Act 1986,] where the species in question proves to be the only one suitable for those purposes and where there are no specimens of the species which have been born and bred in captivity; or

(f) are intended for breeding or propagation purposes from which conservation benefits will accrue to the species concerned; or

(g) are intended for research or education aimed at the preservation or conservation of the species; or

(h) originate in [F94 Great Britain] and were taken from the wild in accordance with the legislation in force in [F95 the United Kingdom (as that legislation applies in Great Britain)].

[F41 4. General derogations from the prohibitions referred to in paragraph 1 based on the conditions referred to in paragraph 3, as well as general derogations with regard to species listed in Annex A in accordance with point (ii) of Article 3(1)(b) may be defined by the [F96 Secretary of State in regulations]. Any such derogations must be in accordance with the requirements of other [F97 United Kingdom legislation (as that legislation applies in Great Britain)] on the conservation of wild fauna and flora. F98 ...]

5. The prohibitions referred to in paragraph 1 shall also apply to specimens of the species listed in Annex B except where it can be proved to the satisfaction of the [F99 management] authority F100 ... that such specimens were acquired and, if they originated outside [F101 Great Britain], were introduced into it, in accordance with the legislation in force for the conservation of wild fauna and flora.

6. The [F102 management authority] shall have discretion to sell any specimen of the species listed in Annexes B to D [F103 it has] confiscated under this Regulation, [F104 provided the specimen] is not thus returned directly to the person or entity from whom it was confiscated or who was party to the offence. Such specimens may then be treated for all purposes as if they had been legally acquired.

Textual Amendments

F41 Substituted 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.

F87 Art. 8(2) 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(9)(a)

F88 Words in Art. 8(3) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(9)(b)(i)(aa)

F89 Words in Art. 8(3) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(9)(b)(i)(bb)

F90 Art. 8(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(9)(b)(ii)

F91 Art. 8(3)(aa) inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(9)(b)(iii)

F92 Words in Art. 8(3)(c) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(9)(b)(iv)

F93 Words in Art. 8(3)(e) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(9)(b)(v)

F94 Words in Art. 8(3)(h) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(9)(b)(vi)(aa)

F95 Words in Art. 8(3)(h) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(9)(b)(vi)(bb)

F96 Words in Art. 8(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(9)(c)(i)

F97 Words in Art. 8(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(9)(c)(ii)

F98 Words in Art. 8(4) 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(9)(c)(iii)

F99 Word in Art. 8(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(9)(d)(i)

F100 Words in Art. 8(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(9)(d)(ii)

F101 Words in Art. 8(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(9)(d)(iii)

F102 Words in Art. 8(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(9)(e)(i)

F103 Words in Art. 8(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(9)(e)(ii)

F104 Words in Art. 8(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(9)(e)(iii)

Article 9 U.K. Movement of live specimens

1. Any movement within [F105 Great 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 [F106 , or Regulation 338/97 (pre-exit),] shall require prior authorization from [F107 the 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 F108 ... 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; F109 ...

F110 (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 [F111 Great 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 [F112 Great 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 [F113 United Kingdom legislation] on the protection of animals during transport [F114 (as that legislation applies in Great Britain)].

[F41 6. The [F115 Secretary 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 [F116 Great Britain] have been established in accordance with Article 4(6). F117 ...]

Textual Amendments

F41 Substituted 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.

F105 Words 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)

F106 Words 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)

F107 Words 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)

F108 Words 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)

F109 Word 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)

F110 Art. 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)

F111 Words 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)

F112 Words 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)

F113 Words 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)

F114 Words 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)

F115 Words 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)

F116 Words 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)

F117 Words 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)

Article 10 U.K. Certificates to be issued

On receiving an application, together with all the requisite supporting documents, from the person concerned and provided that all the conditions governing their issuance have been fulfilled, [F118 the management authority] may issue a certificate for the purposes referred to in Article 5 (2) (b), 5 (3) and (4), Article 8 (3) and Article 9 (2) (b).

Textual Amendments

F118 Words in Art. 10 substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(11)

Article 11 U.K. Validity of and special conditions for permits and certificates

F119 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F120 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Any permit or certificate issued in accordance with this Regulation may stipulate conditions and requirements imposed by the [F121 management] authority to ensure compliance with the provisions thereof. F122 ...

4. Any import permit issued on the basis of a copy of the corresponding export permit or re-export certificate shall be valid for the introduction of specimens into [F123 Great Britain] only when accompanied by the original of the valid export permit or re-export certificate.

[F41 5. The [F124 Secretary of State may, by regulations,] establish time limits for the issuance of permits and certificates. F125 ...]

Textual Amendments

F41 Substituted 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.

F119 Art. 11(1) 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(12)(a)

F120 Art. 11(2) 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(12)(a)

F121 Word in Art. 11(3) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(12)(b)(i)

F122 Words in Art. 11(3) 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(12)(b)(ii)

F123 Words in Art. 11(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(12)(c)

F124 Words in Art. 11(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(12)(d)(i)

F125 Words in Art. 11(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(12)(d)(ii)

Article 12 U.K. Places of introduction and export

1. [F126 The Secretary of State may] designate customs offices for carrying out the checks and formalities for the introduction into and export from [F127 Great Britain], in order to assign to them a customs-approved treatment or use, F128 ... of specimens of species covered by this Regulation and shall state which offices are specifically intended to deal with live specimens.

2. All offices designated in accordance with paragraph 1 shall be provided with sufficient and adequately trained staff. [F129 The Secretary of State must] ensure that accommodation is provided in accordance with relevant [F130 United Kingdom] legislation as regards the transport and accommodation of live animals [F131 (as that legislation applies in Great Britain)] and that, where necessary, adequate steps are taken for live plants.

[F132 3. A list of the customs offices designated in accordance with paragraph 1 must be published in such form and manner as the Secretary of State considers appropriate.]

[F41 4. In exceptional cases and in accordance with the criteria [F133 set out in regulations made by the Secretary of State, the] management authority may authorise the introduction into [F134 Great Britain] or the export or re-export therefrom at a customs office other than one designated in accordance with paragraph 1. F135 ...]

5. [F136 The Secretary of State] shall ensure that at border crossing-points the public are informed of the implementing provisions of this Regulation.

Textual Amendments

F41 Substituted 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.

F126 Words in Art. 12(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(13)(a)(i)

F127 Words in Art. 12(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(13)(a)(ii)

F128 Words in Art. 12(1) 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(13)(a)(iii)

F129 Words in Art. 12(2) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(13)(b)(i)

F130 Words in Art. 12(2) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(13)(b)(ii)

F131 Words in Art. 12(2) inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(13)(b)(iii)

F132 Art. 12(3) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(13)(b)(iv)

F133 Words in Art. 12(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(13)(c)(i)(aa)

F134 Words in Art. 12(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(13)(c)(i)(bb)

F135 Words in Art. 12(4) 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(13)(c)(ii)

F136 Words in Art. 12(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(13)(d)

Article 13 U.K. Management and scientific authorities and other competent authorities

1. (a) [F137 The Secretary of State must] designate a management authority with primary responsibility for implementation of this Regulation [F138 (the management authority)]:

(b) [F139 The Secretary of State] may also designate additional management authorities and other competent authorities to assist in implementation, in which case the primary management authority shall be responsible for providing the additional authorities with all the information required for correct application of this Regulation.

2. [F140 The Secretary of State may] designate one or more scientific authorities with appropriate qualifications whose duties shall be separate from those of any designated management authority.

F141 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F137 Words in Art. 13(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(14)(a)(i)(aa)

F138 Words in Art. 13(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(14)(a)(i)(bb)

F139 Words in Art. 13(1)(b) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(14)(a)(ii)

F140 Words in Art. 13(2) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(14)(b)

F141 Art. 13(3) 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(14)(c)

Article 14 U.K. Monitoring of compliance and investigation of infringements

1. (a) The competent authorities [F142 must] monitor compliance with the provisions of this Regulation.

(b) If, at any time, the competent authorities have reason to believe that these provisions are being infringed, they shall take the appropriate steps to ensure compliance or to instigate legal action.

F143 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F144 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F145 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F142 Word in Art. 14(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(15)(a)(i)

F143 Art. 14(1)(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(15)(a)(ii)

F144 Art. 14(2) 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(15)(b)

F145 Art. 14(3) 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(15)(b)

Article 15 U.K. Communication of information

F146 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. [F147 The Secretary of State must] communicate with the Convention Secretariat so as to ensure that the Convention is effectively implemented throughout the territory to which this Regulation applies.

F148 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. F149 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F150 (b) [F151 The Secretary of State must] make publicly available, before 31 October each year a Union-wide overview on the introduction into, and the export and re-export from, [F152 Great Britain] of specimens of the species to which this Regulation applies and shall forward to the Convention Secretariat information on the species to which the Convention applies.]

F153 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F154 (d) The Secretary of State must publish a report on the implementation and enforcement of this Regulation when reporting that information under the Convention, to the Convention Secretariat.]

[F155 (e) [F156 The Secretary of State must communicate to the Convention Secretariat before 31st October] each year all the information relating to the preceding year for drawing up the annual illegal trade report referred to in CITES Resolution Conf. 11.17 (rev. CoP17).]

F157 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[X1 6. F158 ... [F159 The Secretary of State] shall take appropriate measures to protect the confidentiality of information obtained in implementation of this Regulation [F160 , having regard to the Environmental Information Regulations 2004 and the Environmental Information (Scotland) Regulations 2004].]

Editorial Information

X1 Substituted by Corrigendum to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (Official Journal of the European Communities L 61 of 3 March 1997).

Textual Amendments

F146 Art. 15(1) 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(16)(a)

F147 Words in Art. 15(2) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(16)(b)

F148 Art. 15(3) 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(16)(a)

F149 Art. 15(4)(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(16)(c)(i)

F150 Substituted by Regulation (EU) 2019/1010 of the European Parliament and of the Council of 5 June 2019 on the alignment of reporting obligations in the field of legislation related to the environment, and amending Regulations (EC) No 166/2006 and (EU) No 995/2010 of the European Parliament and of the Council, Directives 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU of the European Parliament and of the Council, Council Regulations (EC) No 338/97 and (EC) No 2173/2005, and Council Directive 86/278/EEC (Text with EEA relevance).

F151 Words in Art. 15(4)(b) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(16)(c)(ii)(aa)

F152 Words in Art. 15(4)(b) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(16)(c)(ii)(bb)

F153 Art. 15(4)(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(16)(c)(i)

F154 Art. 15(4)(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(16)(c)(iii)

F155 Inserted by Regulation (EU) 2019/1010 of the European Parliament and of the Council of 5 June 2019 on the alignment of reporting obligations in the field of legislation related to the environment, and amending Regulations (EC) No 166/2006 and (EU) No 995/2010 of the European Parliament and of the Council, Directives 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU of the European Parliament and of the Council, Council Regulations (EC) No 338/97 and (EC) No 2173/2005, and Council Directive 86/278/EEC (Text with EEA relevance).

F156 Words in Art. 15(4)(e) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(16)(c)(iv)

F157 Art. 15(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(16)(a)

F158 Words in Art. 15(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(16)(d)(i)

F159 Words in Art. 15(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(16)(d)(ii)

F160 Words in Art. 15(6) inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(16)(d)(iii)

Article 16 U.K. Sanctions

1. [F161 The following are infringements] of this Regulation:

(a) introduction into, or export or re-export from, [F162 Great Britain] of specimens without the appropriate permit or certificate or with a false, falsified or invalid permit or certificate or one altered without authorization by the issuing authority;

(b) failure to comply with the stipulations specified on a permit or certificate issued in accordance with this Regulation;

(c) making a false declaration or knowingly providing false information in order to obtain a permit or certificate;

(d) using a false, falsified or invalid permit or certificate or one altered without authorization as a basis for obtaining a [F163 permit or certificate issued in accordance with this Regulation] or for any other official purpose in connection with this Regulation;

(e) making no import notification or a false import notification;

(f) shipment of live specimens not properly prepared so as to minimize the risk of injury, damage to health or cruel treatment;

(g) use of specimens of species listed in Annex A other than in accordance with the authorization given at the time of issuance of the import permit or subsequently;

(h) trade in artificially propagated plants contrary to the provisions laid down in accordance with Article 7(1)(b);

(i) shipment of specimens into or out of or in transit through [F164 Great Britain] without the appropriate permit or certificate issued in accordance with this Regulation and, in the case of export or re-export from a third country party to the Convention, in accordance therewith, or without satisfactory proof of the existence of such permit or certificate;

(j) purchase, offer to purchase, acquisition for commercial purposes, use for commercial gain, display to the public for commercial purposes, sale, keeping for sale, offering for sale or transporting for sale of specimens in contravention of Article 8;

(k) use of a permit or certificate for any specimen other than one for which it was issued;

(l) falsification or alteration of any permit or certificate issued in accordance with this Regualation;

(m) failure to disclose rejection of an application for [F165 an] import, export or re-export permit or certificate, in accordance with Article 6 (3).

F166 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Where a specimen is confiscated, it shall be entrusted to [F167 the relevant competent authority of the United Kingdom] which:

(a) following consultation with [F168 the relevant scientific authority of the United Kingdom], shall place or otherwise dispose of the specimen under conditions which it deems to be appropriate and consistent with the purposes and provisions of the Convention and this Regulation; and

(b) in the case of a live specimen which has been introduced into [F169 Great Britain], may, after consultation with the State of export, return the specimen to that State at the expense of the convicted person.

4. Where a live specimen of a species listed in Annex B or C arrives at a point of introduction into [F170 Great Britain] without the appropriate valid permit or certificate, the specimen must be seized and may be confiscated or, if the consignee refuses to acknowledge the specimen, [F171 the relevant competent authority of the United Kingdom] may, if appropriate, refuse to accept the shipment and require the carrier to return the specimen to its place of departure.

Textual Amendments

F161 Words in Art. 16(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(17)(a)(i)

F162 Words in Art. 16(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(17)(a)(ii)

F163 Words in Art. 16(1)(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(17)(a)(iii)

F164 Words in Art. 16(1)(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(17)(a)(iv)

F165 Word in Art. 16(1)(m) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(17)(a)(v)

F166 Art. 16(2) 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(17)(b)

F167 Words in Art. 16(3) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(17)(c)(i)

F168 Words in Art. 16(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(17)(c)(ii)

F169 Words in Art. 16(3)(b) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(17)(c)(iii)

F170 Words in Art. 16(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(17)(d)(i)

F171 Words in Art. 16(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(17)(d)(ii)

F172 Article 17 U.K. The Scientific Review Group

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F172 Art. 17 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(18)

[F173 Article 18 U.K. Regulations

1. Regulations made under this Regulation are to be made by statutory instrument.

2. A statutory instrument containing regulations made under this Regulation is to be laid before Parliament after being made, except for a statutory instrument containing regulations made under the following Articles, which is subject to annulment in pursuance of a resolution of either House of Parliament—

(a) Article 4(6);

(b) Article 5(7);

(c) Article 7(1);

(d) Article 7(2);

(e) Article 7(3);

(f) Article 8(4);

(g) Article 9(6);

(h) Article 19(4);

(i) Article 19(5).

3. Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b) make different provision for different cases.]

Textual Amendments

F173 Art. 18 substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(19)

1. F174 ...

The [F175 Secretary of State may, by regulations, prescribe] the design of the documents referred to in Articles 4, 5, 7(4) and 10 F176 ....

F177 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. The [F178 Secretary of State must, by regulations, prescribe] conditions and criteria for:

(a) the issue, validity and use of the documents referred to in Articles 4, 5, 7(4) and 10;

(b) the use of phytosanitary certificates referred to in Article 7(1)(b)(i);

(c) the establishment of procedures, where necessary, for marking specimens in order to facilitate identification and ensure enforcement of the provisions.

F179 ...

4. The [F180 Secretary of State may, by regulations,] implement resolutions of the Conference of the Parties to the Convention, decisions or recommendations of the Standing Committee of the Convention and recommendations of the Convention Secretariat. F181 ...

5. The [F182 Secretary of State may, by regulations,] amend Annexes A to D except in the case of amendments to Annex A which do not result from decisions of the Conference of the Parties to the Convention. [F183 Before amending Annex B with respect to species described at Article 3(2)(c) or (d), or amending Annex D with respect to species described at Article 3(4)(a), the Secretary of State must consult the scientific authority regarding the amendment.]]

Textual Amendments

F41 Substituted 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.

F174 Words in Art. 19(1) 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(20)(a)(i)

F175 Words in Art. 19(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(20)(a)(ii)(aa)

F176 Words in Art. 19(1) 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(20)(a)(ii)(bb)

F177 Art. 19(2) 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(20)(b)

F178 Words in Art. 19(3) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(20)(c)(i)

F179 Words in Art. 19(3) 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(20)(c)(ii)

F180 Words in Art. 19(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(20)(d)(i)

F181 Words in Art. 19(4) 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(20)(d)(ii)

F182 Words in Art. 19(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(20)(e)(i)

F183 Words in Art. 19(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(20)(e)(ii)

F184 Article 20 U.K. Final provisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F184 Arts. 20-22 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(21)

F184 Article 21 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F184 Arts. 20-22 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(21)

F184 Article 22 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F184 Arts. 20-22 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(21)

This Regulation shall be binding in its entirety and directly applicable in all Member States.