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The Control of Trade in Endangered Species Regulations 2018

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Regulation 3(1)

SCHEDULE 1Offences and penalties

This schedule has no associated Explanatory Memorandum

Article 16(1)(j) of the Principal Regulation

1.—(1) The penalty for the offence specified in sub-paragraph (2) is as follows—

(a)on summary conviction, imprisonment for a maximum term of six months or a fine (not exceeding the statutory maximum in Scotland or Northern Ireland, as the case may be) or both;

(b)on conviction on indictment, imprisonment for a maximum term of five years or a fine or both.

(2) The offence referred to in sub-paragraph (1) is the conduct specified in Article 16(1)(j) of the Principal Regulation in relation to a specimen, in contravention of Article 8 of the Principal Regulation, as follows—

(a)purchasing;

(b)offering to purchase;

(c)acquiring for commercial purposes;

(d)using for commercial gain;

(e)displaying to the public for commercial purposes;

(f)selling;

(g)keeping for sale;

(h)offering for sale;

(i)transporting for sale.

Other offences and penalties

2.  The penalty for the offences described in the following table is as follows—

(a)on summary conviction, imprisonment for a maximum term of three months or a fine (not exceeding the statutory maximum in Scotland or Northern Ireland, as the case may be) or both;

(b)on conviction on indictment, imprisonment for a maximum term of two years or a fine or both.

Column 1

Provision of the Principal Regulation or these Regulations

Column 2

Subject matter

Article 9 of the Principal RegulationWithout reasonable excuse, causing any movement within the European Union 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 the Principal Regulation, contrary to the provisions of Article 9 of the Principal Regulation, or the provisions of the Subsidiary Regulation
Article 16(1)(b) of the Principal RegulationKnowingly contravening the stipulations specified on a permit or certificate issued in accordance with the Principal Regulation or the Subsidiary Regulation
Article 16(1)(c) of the Principal RegulationKnowingly or recklessly making a false declaration or providing false information in order to obtain a permit or certificate
Article 16(1)(d) of the Principal RegulationKnowingly or recklessly using a false or invalid permit or certificate or one altered without authorisation as a basis for obtaining a permit or certificate or for any other official purpose in connection with the Principal Regulation or the Subsidiary Regulation
Article 16(1)(e) of the Principal RegulationKnowingly or recklessly making a false import notification
Article 16(1)(f) of the Principal RegulationWithout reasonable excuse, causing the shipment of live specimens not properly prepared so as to minimise the risk of injury, damage to health or cruel treatment (as required by Article 9(5) of the Principal Regulation)
Article 16(1)(g) of the Principal RegulationKnowingly using specimens listed in Annex A to the Principal Regulation other than in accordance with the authorisation given at the time of issuance of the permit or subsequently
Article 16(1)(k) of the Principal RegulationKnowingly using a permit or certificate for any specimen other than the one for which it was issued
Article 16(1)(l) of the Principal RegulationKnowingly falsifying or altering any permit or certificate issued in accordance with the Principal Regulation or the Subsidiary Regulation
Article 16(1)(m) of the Principal RegulationWithout reasonable excuse failing to disclose the rejection of an application for an import, export or re-export permit or certificate, in accordance with Article 6(3) of the Principal Regulation
Regulation 4(6) of these RegulationsKnowingly or recklessly providing a false statement relating to whether a specimen was imported unlawfully or acquired lawfully
Regulation 8(6) of these RegulationsIntentionally obstructing entry or, with intent to deceive, pretending to be an authorised person

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