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

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

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Article 7U.K.Derogations

1.Specimens born and bred in captivity or artificially propagated

(a)Save where Article 8 applies, specimens of species listed in Annex A that have been born and bred in captivity or artificially propagated shall be treated in accordance with the provisions applicable to specimens of species listed in Annex B.

(b)In the case of artificially propagated plants, the provisions of Articles 4 and 5 may be waived under special conditions [F1set out in regulations made by the Secretary of State], relating to:

(i)

the use of phytosanitary certificates;

(ii)

trade by registered commercial traders and by the scientific institutions referred to in paragraph 4 of this Article; and

(iii)

trade in hybrids.

[F2(c) The criteria for determining whether a specimen has been born and bred in captivity or artificially propagated and whether for commercial purposes, as well as the special conditions referred to in (b), shall be specified [F3in regulations made by the Secretary of State]. F4...]

2.Transit

(a)By way of derogation from Article 4, where a specimen is in transit through [F5Great Britain], checks and presentation at the border customs office at the point of introduction of the prescribed permits, certificates and notifications shall not be required.

(b)In the case of species listed in the Annexes in accordance with Article 3 (1) and Article 3 (2) (a) and (b), the derogation referred to in (a) shall apply only where a valid export or re-export document provided for by the Convention, relating to the specimens that it accompanies and specifying the destination of the specimens, has been issued by the competent authorities of the exporting or re-exporting third country.

[F2(c) If the document referred to in (b) has not been issued before export or re-export, the specimen must be seized and may, where applicable, be confiscated unless the document is submitted retrospectively in compliance with the conditions specified [F6in regulations made by the Secretary of State]. F7...]

[F23.Personal and household effects

By way of derogation from Articles 4 and 5, the provisions therein shall not apply to dead specimens, parts and derivatives of species listed in Annexes A to D which are personal or household effects being introduced into [F8Great Britain], or exported or re-exported therefrom, in compliance with provisions that shall be specified [F9in regulations made by the Secretary of State]. F10...

4 .Scientific institutions

The documents referred to in Articles 4, 5, 8 and 9 shall not be required in the case of non-commercial loans, donations and exchanges between scientists and scientific institutions, registered by the management authorities of the States in which they are located, of herbarium specimens and other preserved, dried or embedded museum specimens, and of live plant material, bearing a label, the model for which has been F11... issued or approved by a management authority of a third country.]

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