Explanatory note

These Regulations specify fees which are payable to the Secretary of State in relation to applications for certain permits and certificates specified in Council Regulation (EC) No. 338/97 (OJ No. L61, 3.3.97, p. 1) (“the Council Regulation”), which relates to the protection of species of wild fauna and flora, and Commission Regulation (EC) No. 865/06 (OJ No. L166, 19.6.06, p. 1), which provides further details in connection with the regime set out in the Council Regulation. Those Regulations apply the Convention on International Trade in Endangered Species of Wild Fauna and Flora (ratified by the United Kingdom on 2nd August 1976). The issue of such permits or certificates allows certain trading or other activities in relation to specimens (animals or plants, or parts or derivatives of animals or plants) which are included in a relevant Annex to the Council Regulation.

These Regulations provide that a fee is payable in relation to an application, which may relate to one specimen or to several, as described in regulation 6. The fees payable are specified in regulation 4 and in the Schedule.

These Regulations revoke the Control of Trade in Endangered Species (Fees) Regulations 1997 (S.I. 1997/1421) (“the previous Regulations”), which previously specified fees payable in relation to applications for import permits, export permits and re-export certificates.

The fees specified in these Regulations in relation to an application for an export permit, import permit or re-export certificate are £59 (import and export permits) and £47 (re-export certificates); the maximum fee under the previous Regulations was £10. These Regulations also introduce fees in relation to other kinds of permit or certificate for which no fee was charged under the previous Regulations. There is no longer any variation in the fees according to whether the purpose of the activity for which the permit or certificate is required is commercial or not commercial.

Regulation 5 extends the conservation fee waiver in the previous Regulations, so that a fee may be waived in relation to any application which concerns an activity which is not for commercial purposes and which would bring conservation benefits to the species in question.

An impact assessment in relation to this instrument is available on the Defra website, www.defra.gov.uk.