{
  "url": "https://openlegislation.uk/eu-regulation-1997-338/annex/division-12",
  "json_url": "https://openlegislation.uk/eu-regulation-1997-338/annex/division-12.json",
  "legislation": "eur/1997/338",
  "legislation_title": "Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein",
  "legislation_url": "https://openlegislation.uk/eu-regulation-1997-338",
  "path": "annex/division/12",
  "kind": "division",
  "number": "12",
  "heading": "When a species is included in Annex A, B or C, the whole animal or plant, whether alive or dead, and all parts and derivatives thereof, are always included. Regarding animal species listed in Annex C and plant species listed in Annex B or C, all parts and derivatives of the species are also included in the same Annex unless the species is annotated to indicate that only specific parts and derivatives are included. In accordance with Article 2(t), the symbol ‘#’ followed by a number placed against the name of a species or higher taxon included in Annex B or C designates parts or derivatives which are specified in relation thereto for the purposes of this Regulation as follows:",
  "text": "#1 Designates all parts and derivatives, except:\n(a) seeds, spores and pollen (including pollinia);\n(b) seedling or tissue cultures obtained in vitro ... transported in sterile containers;\n(c) cut flowers of artificially propagated plants; and\n(d) fruits and parts and derivatives thereof of artificially propagated plants of the genus Vanilla.\n#2 Designates all parts and derivatives, except:\n(a) seeds and pollen; and\n(b) finished products packaged and ready for retail trade.\n#3 Designates whole and sliced roots and parts of roots, excluding manufactured parts or derivatives, such as powders, pills, extracts, tonics, teas and confectionery.\n#4 Designates all parts and derivatives, except:\n(a) seeds (including seedpods of Orchidaceae), spores and pollen (including pollinia). The exemption does not apply to seeds from Cactaceae spp. exported from Mexico, and to seeds from Beccariophoenix madagascariensis and Dypsis decaryi exported from Madagascar;\n(b) seedling or tissue cultures obtained in vitro ... transported in sterile containers;\n(c) cut flowers of artificially propagated plants;\n(d) fruits and parts and derivatives thereof of naturalized or artificially propagated plants of the genus Vanilla (Orchidaceae) and of the family Cactaceae;\n(e) stems, flowers, and parts and derivatives thereof of naturalized or artificially propagated plants of the genera Opuntia subgenus Opuntia and Selenicereus (Cactaceae); and\n(f) finished products packaged and ready for retail trade of Aloe ferox and Euphorbia antisyphilitica ...;\n(g) finished products packaged and ready for retail trade of cosmetics containing artificially propagated parts and derivatives of Bletilla striata, Cycnoches cooperi, Gastrodia elata, Phalaenopsis amabilis or P. lobbii.\n#5 Designates logs, sawn wood and veneer sheets.\n#6 Designates logs, sawn wood, veneer sheets and plywood.\n#7 Designates logs, wood-chips, powder and extracts.\n#8 Designates underground parts (i.e. roots, rhizomes): whole, parts and powdered.\n#9 Designates all parts and derivatives, except those bearing a label ‘Produced from Hoodia spp. material obtained through controlled harvesting and production under the terms of an agreement with the relevant CITES Management Authority of [Botswana under agreement No. BW/xxxxxx] [Namibia under agreement No. NA/xxxxxx] [South Africa under agreement No. ZA/xxxxxx] ’.\n#10Designates all parts and derivatives, except finished musical instruments, finished musical instrument accessories and finished musical instrument parts for non-commercial trade only for the purpose of paid and unpaid performance, personal use, display, loan, competition, teaching, appraisal or repair, provided that this does not change the ownership and that such transport is not for sale, transfer or disposal of the specimen outside of the owner’s usual State of residence. Zero quota for wild-harvested specimens (source code W) traded for commercial purposes.\n#11 Designates logs, sawn wood, veneer sheets, plywood, powder and extracts. Finished products containing such extracts as ingredients, including fragrances, are not considered to be covered by this annotation.\n#12 Designates logs, sawn wood, veneer sheets, plywood and extracts. Finished products containing such extracts as ingredients, including fragrances, are not considered to be covered by this annotation.\n#13 Designates the kernel (also known as ‘ endosperm ’ , ‘ pulp ’ or ‘ copra ’ ) and any derivative thereof , except finished products packaged and ready for retail trade.\n#14 Designates all parts and derivatives, except:\n(a) seeds and pollen;\n(b) seedling or tissue cultures obtained in vitro ... transported in sterile containers;\n(c) fruits;\n(d) leaves;\n(e) exhausted agarwood powder, including compressed powder in all shapes; and\n(f) finished products packaged and ready for retail trade; this exemption does not apply to wood chips, beads, prayer beads and carvings.\n#15 Designates all parts and derivatives, except:\n(a) leaves, flowers, pollen, fruits, and seeds;\n(b) finished products to a maximum weight of wood of the listed species of up to 10 kg per shipment;\n(c) finished musical instruments, finished musical instrument parts and finished musical instrument accessories;\n(d) parts and derivatives of Dalbergia cochinchinensis which are covered by Annotation #4;\n(e) parts and derivatives of Dalbergia spp. originating and exported from Mexico which are covered by Annotation #6;\n#16 Designates seeds, fruits, and oils;\n#17 Logs, sawn wood, veener sheets, plywood and transformed wood.\n#18Excluding parts and derivatives, other than eggs.\n#19Designates extracts (including resins, gums and essential oils) and powder, except the following finished products, packaged and ready for retail trade: finished tablets, capsules, pills, perfumes, cosmetics, solutions, emulsions or suspensions (such as infused oils, hydrolates and tinctures), and manufactured incense products (such as incense sticks and incense cones).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Substituted by Commission Regulation (EU) 2019/2117 of 29 November 2019 amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Annex Notes substituted (23.2.2023) by The Trade in Endangered Species of Wild Fauna and Flora (Council Regulation (EC) No 338/97) (Amendment) Regulations 2023 (S.I. 2023/106), regs. 1(2), 3(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Annex Notes omitted (23.2.2023) by virtue of The Trade in Endangered Species of Wild Fauna and Flora (Council Regulation (EC) No 338/97) (Amendment) Regulations 2023 (S.I. 2023/106), regs. 1(2), 3(b)(i)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Annex Notes omitted (23.2.2023) by virtue of The Trade in Endangered Species of Wild Fauna and Flora (Council Regulation (EC) No 338/97) (Amendment) Regulations 2023 (S.I. 2023/106), regs. 1(2), 3(b)(ii)(aa)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Annex Notes inserted (6.3.2026) by The Trade in Endangered Species of Wild Fauna and Flora (Council Regulation (EC) No 338/97) (Amendment) Regulations 2026 (S.I. 2026/132), regs. 1(1), 3(a)(i)(aa)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Annex Notes omitted (6.3.2026) by virtue of The Trade in Endangered Species of Wild Fauna and Flora (Council Regulation (EC) No 338/97) (Amendment) Regulations 2026 (S.I. 2026/132), regs. 1(1), 3(a)(i)(bb)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in Annex Notes inserted (23.2.2023) by The Trade in Endangered Species of Wild Fauna and Flora (Council Regulation (EC) No 338/97) (Amendment) Regulations 2023 (S.I. 2023/106), regs. 1(2), 3(b)(ii)(bb)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in Annex Notes substituted (6.3.2026) by The Trade in Endangered Species of Wild Fauna and Flora (Council Regulation (EC) No 338/97) (Amendment) Regulations 2026 (S.I. 2026/132), regs. 1(1), 3(a)(ii)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in Annex note 12 inserted (22.6.2021) by The Trade in Endangered Species of Wild Fauna and Flora (Council Regulation (EC) No 338/97) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/645), regs. 1(2), 2(2)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in Annex Notes omitted (23.2.2023) by virtue of The Trade in Endangered Species of Wild Fauna and Flora (Council Regulation (EC) No 338/97) (Amendment) Regulations 2023 (S.I. 2023/106), regs. 1(2), 3(b)(iv)(aa)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Word in Annex Notes substituted (23.2.2023) by The Trade in Endangered Species of Wild Fauna and Flora (Council Regulation (EC) No 338/97) (Amendment) Regulations 2023 (S.I. 2023/106), regs. 1(2), 3(b)(iv)(bb)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Words in Annex note 12 inserted (14.2.2021) by The Trade in Endangered Species of Wild Fauna and Flora (Council Regulation (EC) No 338/97) (Amendment) Regulations 2021 (S.I. 2021/54), regs. 1(2), 3"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Words in Annex Notes inserted (6.3.2026) by The Trade in Endangered Species of Wild Fauna and Flora (Council Regulation (EC) No 338/97) (Amendment) Regulations 2026 (S.I. 2026/132), regs. 1(1), 3(a)(iii)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/1997/338/annex/division/12",
    "retrieved_at": "2026-11-01T14:58:53.004690+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}