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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations make provision for the enforcement of Council Regulation (EC) No. 338/97 on the protection of species of wild flora and fauna by regulating trade therein (OJ L61, 3.3.97) (“the Principal Regulation”) and of Commission Regulation (EC) No. 939/97 which implements the Principal Regulation (“the Subsidiary Regulation”). The Principal Regulation implements in the Community the 1973 Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES).

They revoke the Control of Trade in Endangered Species (Enforcement) Regulations 1985 (S.I. 1985/1155) which made provision for the enforcement of Council Regulation (EEC) No. 3626/82 (OJ No. L384, 31.12.82) and Commission Regulation (EEC) No. 3418/83 (OJ No. L344, 7.12.83) which are revoked by the Principal Regulation.

These Regulations provide for criminal offences relating to breach of requirements of the Principal Regulation and, in particular—

  • regulation 3 creates a number of offences relating to the making of false statements or the furnishing of false information for the purpose of obtaining a permit or certificate under the Principal Regulation or Subsidiary Regulation;

  • regulation 4 provides for offences relating to the misuse of such permits or certificates;

  • regulation 5 refers to the powers of persons commissioned or authorised by the Commissioners of Customs and Excise to require proof of lawful import or export of a specimen;

  • regulation 6 makes it an offence to contravene any condition or requirement of a permit or certificate issued in accordance with the Principal Regulation or Subsidiary Regulation;

  • regulation 7 makes it an offence to move a live specimen listed in Annex A of the Principal Regulation from the address specified in the import permit or in any other certificate relating to that specimen or to keep such a specimen at a different address without prior authorisation;

  • regulation 8 creates a number of offences relating to a range of activities including the purchase and sale of specimens listed in Annex A of the Principal Regulation or of specimens listed in Annex B which have been imported or acquired unlawfully;

Regulations 9 and 10 make provision for powers of entry, including the power to take samples from specimens, and seizure for the purposes of enforcement of the Principal Regulation.

Regulation 11 provides for forfeiture of specimens and other things upon a conviction. Regulation 12 provides for the liability of corporations.