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

Changes over time for: Article 8

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects by UK legislation for Council Regulation (EC) No 338/97, Article 8.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Article 8U.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.

F12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.In accordance with the requirements of other [F2United 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 [F3the management authority], on a case-by-case basis where the specimens:

[F4(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]

[F5(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 [F6Great 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 [F7, 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 [F8Great Britain] and were taken from the wild in accordance with the legislation in force in [F9the United Kingdom (as that legislation applies in Great Britain)].

[F104.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 [F11Secretary of State in regulations]. Any such derogations must be in accordance with the requirements of other [F12United Kingdom legislation (as that legislation applies in Great Britain)] on the conservation of wild fauna and flora. F13...]

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 [F14management] authority F15... that such specimens were acquired and, if they originated outside [F16Great Britain], were introduced into it, in accordance with the legislation in force for the conservation of wild fauna and flora.

6.The [F17management authority] shall have discretion to sell any specimen of the species listed in Annexes B to D [F18it has] confiscated under this Regulation, [F19provided 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

F1Art. 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)

F2Words 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)

F3Words 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)

F4Art. 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)

F5Art. 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)

F6Words 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)

F7Words 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)

F8Words 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)

F9Words 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)

F10Substituted 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.

F11Words 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)