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5.—(1) Where a bird of a species listed in the Schedule is registered on the CITES register, it is treated as being registered in accordance with these Regulations for the purposes of section 7(1) of the Act and—
(a)regulation 3; and
(b)paragraphs (1)(a)(iii), (c) and (d) of regulation 4,
do not apply in respect of birds registered by virtue of this paragraph.
(2) In this regulation—
“CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora(1);
“CITES certificate” means a certificate referred to in Article 10 of Council Regulation (EC) No. 338/97 on the protection of species of wild fauna and flora by regulating trade therein(2) issued by the management authority for the United Kingdom(3); and
“CITES register” means any register of birds in respect of which a CITES certificate has been issued.
Signed at Washington D.C. on 3rd March 1973 and amended at Bonn on 22nd June 1979. The United Kingdom became a party to the Convention with effect from 31st October 1976. Regulation (EEC) No. 3626/82 (O.J. No. L 384, 31.12.1982, p.1) applied the Convention in the Community with effect from 1st January 1984.
O.J. L 61, 3.3.1997, p.1. This Regulation was last amended by Regulation (EC) No. 398/2009 of the European Parliament and of the Council (O.J. L 126, 21.5.09, p.5).
The Secretary of State for Environment, Food and Rural Affairs is the management authority for the United Kingdom having been designated under Article IX(1) of the Convention on International Trade in Endangered Species of Wild Fauna and Flora to carry out that function and to grant permits or certificates on behalf of the United Kingdom pursuant to that convention.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
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