Explanatory note

These Regulations amend, revoke and replace various provisions in secondary assimilated law within the meaning of section 12(2) of the Retained EU (Revocation and Reform) Act 2023 (c. 28).

These Regulations also amend subordinate legislation that enforces the secondary assimilated law.

The assimilated direct legislation amended, revoked or replaced by these Regulations is Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (“the 1997 Regulation”), Commission Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (“the 2006 Regulation”), Commission Implementing Regulation (EU) No 792/2012 laying down rules for the design of permits, certificates and other documents provided for in Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (“the 2012 Regulation”) and Commission Implementing Regulation (EU) 2019/1587 prohibiting the introduction into Great Britain of specimens of certain species of wild fauna and flora in accordance with Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (“the 2019 Regulation”).

The assimilated direct legislation implements international obligations arising from the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). CITES controls the import, export, re-export and transhipment of protected flora and fauna, including dead or living species, as well their parts or derivatives.

Part 1 (regulation 1) contains introductory provisions.

Part 2 (regulations 2 to 4) contains amendments to the 1997 Regulation, the 2012 Regulation and the 2006 Regulation.

Part 3 (regulation 5) amends the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703) in relation to civil sanctions.

Part 4 revokes the 2019 Regulation.

No impact assessment has been produced for these Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen. Instead, a de minimis assessment has been prepared and has been published, with an Explanatory Memorandum, alongside these Regulations at www.legislation.gov.uk.