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The Control of Trade in Endangered Species (Enforcement) (Amendment) Regulations 2009

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Insertion of regulation 8A into the COTES Regulations

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3.  After regulation 8 of the COTES Regulations insert—

“Split-listed specimens: presumption in favour of Annex A

8A.—(1) For the purposes of regulation 8 (purchase and sale etc), a split-listed specimen is presumed to be of a species listed in Annex A to the Principal Regulation, provided that—

(a)where the specimen falls within paragraph (3), it is not reasonably practicable to determine the population from which that specimen derives;

(b)where the specimen falls within paragraph (4), it is not reasonably practicable to determine the subspecies to which that specimen belongs;

(c)where the specimen falls within paragraph (5), it is not reasonably practicable to determine the species or subspecies to which that specimen belongs.

(2) In paragraph (1), “split-listed specimen” means a specimen falling within paragraph (3), (4) or (5).

(3) A specimen falls within this paragraph if—

(a)the specimen is of a species or subspecies, or is included in a higher taxon than species, listed in either Annex A or Annex B to the Principal Regulation (or listed in both of those Annexes); and

(b)one or more geographical populations of that species, subspecies or higher taxon are included in one of those Annexes and all the other populations of that species, subspecies or higher taxon are included in the other of those Annexes.

(4) A specimen falls within this paragraph if—

(a)the specimen is of a species listed in either Annex A or Annex B to the Principal Regulation; and

(b)one or more subspecies of that species are included in one of those Annexes and all the other subspecies of that species are included in the other of those Annexes.

(5) A specimen falls within this paragraph if—

(a)the specimen is included in a higher taxon than species and that taxon is listed in either Annex A or Annex B to the Principal Regulation; and

(b)one or more species or subspecies of that higher taxon are included in one of those Annexes, all the other species or subspecies included in that taxon are included in the other of those Annexes, and all geographical populations of those species or subspecies are included in those Annexes.”.

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