Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein

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Article 4U.K.Introduction into [F1Great Britain]

1.The introduction into [F2Great 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 [F3the 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 F4... has advised that the introduction into [F5Great 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;

(b)

(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 [F6Great 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 [F7the 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 F8... is of the opinion that the introduction into [F9Great 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 [F10Great 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 [F11Great 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 [F12Great Britain] and that they are, modified or not, being reintroduced into [F12Great Britain]; or

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

[F136.In consultation with the countries of origin concerned, F14... and taking account of any opinion from the [F15scientific authority, the Secretary of State may, by regulations,] establish general restrictions, or restrictions relating to certain countries of origin, on the introduction into [F16Great 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 [F17Great Britain] presents an ecological threat to wild species of fauna and flora indigenous to [F17Great Britain].

The [F18Secretary of State must] on a quarterly basis publish a list of such restrictions, if any F19....

7.Where special cases of transhipment, air transfer or rail transport occur following introduction into [F20Great 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 [F21may, 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).

F22...]

Textual Amendments

F1Words 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)

F2Words 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)

F3Words 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)

F4Words 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)

F5Words 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)

F6Words 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)

F7Words 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)

F8Words 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)

F9Words 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)

F10Words 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)