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The Endangered Species (Import and Export) Act 1976 (Amendment) Regulations 1996

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Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in consequence of Council Regulation 3626/82 on the implementation in the Community of the Convention on International Trade in Endangered Species of wild fauna and flora (OJ No. L 384, 31.12.1982, p.1; relevant amending instruments are OJ No. L 87, 31.3.88, p.67, OJ No. L 57, 15.3.95, p.l, OJ No. L 284, 28.11.95, p.3.) (“the EC CITES Regulation”). Their effect is to disapply the Endangered Species (Import and Export) Act 1976 (“the Act”) insofar as it has been superseded by the EC CITES Regulation.

Regulations 2 and 3 provide that Schedules 1 and 2 to the Act shall not apply to any kinds of animal or plant. Regulation 4 provides that Schedule 3 to the Act shall not apply to any item. The effect of these provisions is to disapply national import and export restrictions which duplicated restrictions made by the EC CITES Regulation.

Regulation 5, by substituting a new Schedule 4 to the Act (Schedule 4 to the Act specifies the kinds of animals the sale etc. of which is restricted), deletes from that Schedule a number of kinds of animal previously listed. The deletion disapplies national sales restrictions which duplicated restrictions made by the EC CITES Regulation. The new Schedule 4 lists those kinds of animal which were previously listed in that Schedule and on which national controls do not duplicate the EC CITES Regulation.

Regulation 6 deletes from Schedule 5 to the Act (which specifies the kinds of plant the sale etc. of which is restricted) the kinds of plant the sale of which is restricted under Article 6 of the EC CITES Regulation.

Regulation 7 revokes the Endangered Species (Import and Export) Act 1976 (Amendment) Order 1996 which is spent as a consequence of these Regulations.

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