Regulation 49 Interpretation of Part 3

In this Part—

• F1“the 2018 Regulations” means the Control of Trade in Endangered Species Regulations 2018;

• “the forfeiture provisions” means—

  1. (a)

     section 21(6) of the WCA 1981 (penalties, forfeitures etc.) M1;

  2. (b)

     F2regulation 10(a) and (b) of the 2018 Regulations (forfeiture) ; or

  3. (c)

     regulation 128 of these Regulations;

• “the implementation date” means—

  1. (a)

     where the relevant State became a member State before 10th June 1994, 10th June 1994, and

  2. (b)

     in any other case, the date on which the relevant State became a member State;

• “relevant State” means (as the case may be) the State in whose territory—

  1. (a)

     the animal, or part of it, was taken from the wild; or

  2. (b)

     the plant, or part of it, was taken in the wild;

• “the sampling provisions” means—

  1. (a)

     the following provisions of the WCA 1981—

     1. (i)

        section 18C (Group 1 offences and licences: examining specimens and taking samples) M2

     2. (ii)

        section 18E (Group 2 offences: examining specimens and taking samples) M3; or

     3. (iii)

        section 19XA (constables' powers in connection with samples) M4;

  2. (b)

     F3regulation 8(3) and (5) of the 2018 Regulations (powers of entry);

  3. (c)

     regulation 119 and 120 of these Regulations; or

  4. (d)

     regulation 63(2) of the Offshore Marine Conservation Regulations (powers relating to specimens);

• “the TFEU” means the Treaty on the Functioning of the European Union.