Council Regulation (EC) No 338/97Show full title

Article 2 U.K. Definitions

For the purposes of this Regulation:

(a)

F1 ...

(b)

‘convention’ shall mean the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites);

(c)

‘country of origin’ shall mean the country in which a specimen was taken from the wild, captive-bred or artificially propagated;

(d)

‘import notification’ shall mean the notification given by the importer or his agent or representative, at the time of the introduction into [F2 Great Britain] of a specimen of a species included in Annexes C or D, on a form prescribed [F3 in regulations made by the Secretary of State];

(e)

‘introduction from the sea’ shall mean the introduction into [F4 Great Britain] of any specimen which was taken in, and is being introduced directly from, the marine environment not under the jurisdiction of any State, including the air-space above the sea and the sea-bed and subsoil beneath the sea;

(f)

‘issuance’ shall mean the completion of all procedures involved in preparing and validating a permit or certificate and its delivery to the applicant;

(g)

[F5 “management authority” shall mean the person designated in accordance with Article 13(1)(a);]

(h)

F6 ...

(i)

‘offering for sale’ shall mean offering for sale and any action that may reasonably be construed as such, including advertising or causing to be advertised for sale and invitation to treat;

(j)

‘personal or household effects’ shall mean dead specimens, parts and derivatives thereof, that are the belongings of a private individual and that form, or are intended to form, part of his normal goods and chattels;

(k)

‘place of destination’ shall mean the place at which at the time of introduction into [F7 Great Britain], it is intended that specimens will normally be kept; in the case of live specimens, this shall be the first place where specimens are intended to be kept following any period of quarantine or other confinement for the purposes of sanitary checks and controls;

(l)

‘population’ shall mean a biologically or geographically distinct total number of individuals;

(m)

‘primarily commercial purposes’ shall mean all purposes the non-commercial aspects of which do not clearly predominate;

(n)

‘re-export from [F8 Great Britain]’ shall mean export from [F8 Great Britain] of any specimen that has previously been introduced;

(na)

[F9 “Regulation 338/97 (pre-exit)” shall mean Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, as it had effect immediately before IP completion day;]

(o)

‘reintroduction into [F10 Great Britain]’ shall mean introduction into [F10 Great Britain] of any specimen that has previously been exported or re-exported;

(p)

‘sale’ shall mean any form of sale. For the purposes of this Regulation, hire, barter or exchange shall be regarded as sale; cognate expressions shall be similarly construed;

(q)

‘scientific authority’ shall mean a scientific authority designated F11 ..., in accordance with [F12 Article 13(2)] or, in the case of a third country party to the Convention, in accordance with Article IX of the Convention;

(r)

F13 ...

(s)

‘species’ shall mean a species, subspecies or population thereof;

(t)

‘specimen’ shall mean any animal or plant, whether alive or dead, of the species listed in Annexes A to D, any part or derivative thereof, whether or not contained in other goods, as well as any other goods which appear from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be or to contain parts or derivatives of animals or plants of those species, unless such parts or derivatives are specifically exempted from the provisions of this Regulation or from the provisions relating to the Annex in which the species concerned is listed by means of an indication to that effect in the Annexes concerned.

A specimen will be considered to be a specimen of a species listed in Annexes A to D if it is, or is part of or derived from, an animal or plant at least one of whose ‘parents’ is of a species so listed. In cases where the ‘parents’ of such an animal or plant are of species listed in different Annexes, or of species only one of which is listed, the provisions of the more restrictive Annex shall apply. However, in the case of specimens of hybrid plants, if one of the ‘parents’ is of a species listed in Annex A, the provisions of the more restrictive Annex shall apply only if that species is annotated to that effect in the Annex;

(ta)

[F14 “third country” shall mean any country or territory other than Great Britain;]

(tb)

[F14 “third country authority” shall mean the authority of a third country party to the Convention designated in accordance with Article IX of the Convention;]

(u)

‘trade’ shall mean the introduction into [F15 Great Britain], including introduction from the sea, and the export and re-export therefrom, as well as the use, movement and transfer of possession within [F15 Great Britain] F16 ... of specimens subject to the provisions of this Regulation;

(v)

‘transit’ shall mean the transport of specimens between two points outside [F17 Great Britain] through the territory of [F17 Great Britain] which are shipped to a named consignee and during which any interruption in the movement arises only from the arrangements necessitated by this form of traffic;

(w)

‘worked specimens that were acquired more than 50 years previously’ shall mean specimens that were significantly altered from their natural raw state for jewellery, adornment, art, utility, or musical instruments, [F18 before 3rd March 1947] and that have been, to the satisfaction of the management authority F19 ..., acquired in such conditions. Such specimens shall be considered as worked only if they are clearly in one of the aforementioned categories and require no further carving, crafting or manufacture to effect their purpose;

(x)

‘checks at the time of introduction, export, re-export and transit’ shall mean documentary checks on the certificates, permits and notifications provided for in this Regulation and — in cases where [F20 United Kingdom legislation (as it applies to Great Britain) so provides] or in other cases by representative sampling of the consignments — examination of the specimens, where appropriate accompanied by the taking of samples with a view to analysis or more detailed checks.

Textual Amendments

F1 Art. 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(2)(a)

F2 Words in Art. 2(d) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(b)(i)

F3 Words in Art. 2(d) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(b)(ii)

F4 Words in Art. 2(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(2)(c)

F5 Art. 2(g) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(d)

F6 Art. 2(h) 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(2)(e)

F7 Words in Art. 2(k) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(f)

F8 Words in Art. 2(n) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(g)

F9 Art. 2(na) inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(h)

F10 Words in Art. 2(o) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(i)

F11 Words in Art. 2(q) 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(2)(j)(i)

F12 Words in Art. 2(q) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(j)(ii)

F13 Art. 2(r) 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(2)(k)

F14 Art. 2(ta)(tb) inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(l)

F15 Words in Art. 2(u) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(m)(i)

F16 Words in Art. 2(u) 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(2)(m)(ii)

F17 Words in Art. 2(v) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(n)

F18 Words in Art. 2(w) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(o)(i)

F19 Words in Art. 2(w) 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(2)(o)(ii)

F20 Words in Art. 2(x) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(2)(p)