OpenLegislation

Article 4 Introduction into Great BritainF20

United Kingdom

Original text. Later amendments are not shown.

1.

The introduction into F1Great Britain of specimens of the species listed in Annex A shall be subject to completion of the necessary checks and the prior presentation, at the border customs office at the point of introduction, of an import permit issued by F2the management authority.

The import permit may be issued only in accordance with the restrictions established pursuant to paragraph 6 and when the following conditions have been met:

(a)

the competent scientific authority F3... has advised that the introduction into F4Great Britain:

  1. (i)

    would not have a harmful effect on the conservation status of the species or on the extent of the territory occupied by the relevant population of the species;

  2. (ii)

    is taking place:

    • for one of the purposes referred to in Article 8(3)(e), (f) and (g), or

    • for other purposes which are not detrimental to the survival of the species concerned;

(b)

 

  1. (i)

    the applicant provides documentary evidence that the specimens have been obtained in accordance with the legislation on the protection of the species concerned which, in the case of import from a third country of specimens of a species listed in the Appendices to the Convention, shall be an export permit or re-export certificate, or copy thereof, issued in accordance with the Convention by a competent authority of the country of export or re-export;

  2. (ii)

    however, the issuance of import permits for species listed in Annex A in accordance with Article 3(1)(a) shall not require such documentary evidence, but the original of any such import permit shall be withheld from the applicant pending presentation of the export permit or re-export certificate;

(c)

the competent scientific authority is satisfied that the intended accommodation for a live specimen at the place of destination is adequately equipped to conserve and care for it properly;

(d)

the management authority is satisfied that the specimen is not to be used for primarily commercial purposes;

(e)

the management authority is satisfied, following consultation with the competent scientific authority, that there are no other factors relating to the conservation of the species which militate against issuance of the import permit; and

(f)

in the case of introduction from the sea, the management authority is satisfied that any live specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.

2.

The introduction into F5Great Britain of specimens of the species listed in Annex B shall be subject to completion of the necessary checks and the prior presentation, at the border customs office at the point of introduction, of an import permit issued by F6the management authority.

The import permit may be issued only in accordance with the restrictions established pursuant to paragraph 6 and when:

(a)

the competent scientific authority, after examining available data F7... is of the opinion that the introduction into F8Great Britain would not have a harmful effect on the conservation status of the species or on the extent of the territory occupied by the relevant population of the species, taking account of the current or anticipated level of trade. This opinion shall be valid for subsequent imports as long as the abovementioned aspects have not changed significantly;

(b)

the applicant provides documentary evidence that the intended accommodation for a live specimen at the place of destination is adequately equipped to conserve and care for it properly;

(c)

the conditions referred to in paragraph 1(b)(i), (e) and (f) have been met.

3.

The introduction into F9Great Britain of specimens of the species listed in Annex C shall be subject to completion of the necessary checks and the prior presentation, at the border customs office at the point of introduction, of an import notification and:

(a)

in the case of export from a country mentioned in relation to the species concerned in Annex C, the applicant shall provide documentary evidence, by means of an export permit issued in accordance with the Convention by an authority of that country competent for the purpose, that the specimens have been obtained in accordance with the national legislation on the conservation of the species concerned; or

(b)

in the case of export from a country not mentioned in relation to the species concerned in Annex C or re-export from any country, the applicant shall present an export permit, a re-export certificate or a certificate of origin issued in accordance with the Convention by an authority of the exporting or re-exporting country competent for the purpose.

4.

The introduction into F10Great Britain of specimens of the species listed in Annex D shall be subject to completion of the necessary checks and the prior presentation of an import notification at the border customs office at the point of introduction.

5.

The conditions for the issuance of an import permit as referred to in paragraph 1(a) and (d) and in paragraph 2(a), (b) and (c) shall not apply to specimens for which the applicant provides documentary evidence:

(a)

that they had previously been legally introduced into or acquired in F11Great Britain and that they are, modified or not, being reintroduced into Great Britain; or

(b)

that they are worked specimens that were acquired more than 50 years previously.

F125a.

The introduction into Great Britain of specimens of species to which a waiver under Article 7(5) applies is subject to the completion of the necessary checks and the prior presentation of an import notification at the border customs office at the point of introduction.

5b.

The introduction into Great Britain of specimens of species listed in Annexes A, B or C from a country with a reservation in place for that species is subject to the completion of the necessary checks and the prior presentation at the border customs office at the point of introduction of documents issued by the competent authorities of that country that conform to the requirements of Articles 3 to 6 of the Convention.

5c.

The introduction into Great Britain of specimens of species listed in Annexes A, B or C from a country that is not a party to the Convention is subject to the completion of the necessary checks and the prior presentation at the border customs office at the point of introduction of documents issued by the competent authorities of that country that conform to the requirements of Articles 3 to 6 of the Convention.

(6.)

F13Following consultation with the relevant scientific authority of the United Kingdom and with relevant countries of origin, the Secretary of State may establish restrictions relating to the introduction of specimens of species listed in Annexes A to D into Great Britain:

(a)

on the basis of the conditions referred to in paragraph 1(a)(i) or (e), of specimens of species listed in Annex A;

(b)

on the basis of the conditions referred to in paragraph 1(e) or paragraph 2(a), of specimens of species listed in Annex B; and

(c)

of live specimens of species listed in Annex B which have a high mortality rate during shipment or for which it has been established that they are unlikely to survive in captivity for a considerable proportion of their potential life span; or

(d)

of live specimens of species for which it has been established that their introduction into the natural environment of F14Great Britain presents an ecological threat to wild species of fauna and flora indigenous to Great Britain.

F15The Secretary of State must publish and keep up to date a list of restrictions established under this paragraph.

F16(7.)

Where special cases of transhipment, air transfer or rail transport occur following introduction into F17Great Britain, derogations from completion of the checks and presentations of import documents at the border customs office at the point of introduction which are referred to in paragraphs 1 to 4 F18may, by regulations, be prescribed by the Secretary of State in order to permit such checks and presentations to be made at another customs office designated in accordance with Article 12(1).

F19...

Annotations

Textual amendments

F1

Words in Art. 4(1) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(b)(i)(aa)

F2

Words in Art. 4(1) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(b)(i)(bb)

F3

Words in Art. 4(1)(a) omitted (31.12.2020) by virtue of The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(b)(ii)(aa)

F4

Words in Art. 4(1)(a) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(b)(ii)(bb)

F5

Words in Art. 4(2) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(c)(i)(aa)

F6

Words in Art. 4(2) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(c)(i)(bb)

F7

Words in Art. 4(2)(a) omitted (31.12.2020) by virtue of The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(c)(ii)(aa)

F8

Words in Art. 4(2)(a) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(c)(ii)(bb)

F9

Words in Art. 4(3) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(d)

F10

Words in Art. 4(4) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(e)

F11

Words in Art. 4(5)(a) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(f)

F12

Art. 4(5a)-(5c) inserted (23.6.2026) by The Control of Trade in Endangered Species (Amendment and Revocation) Regulations 2026 (S.I. 2026/627), regs. 1(2), 2(4)(a)

F13

Words in Art. 4(6) substituted (23.6.2026) by The Control of Trade in Endangered Species (Amendment and Revocation) Regulations 2026 (S.I. 2026/627), regs. 1(2), 2(4)(b)(i)

F14

Words in Art. 4(6)(d) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(g)(ii)

F15

Words in Art. 4(6) substituted (23.6.2026) by The Control of Trade in Endangered Species (Amendment and Revocation) Regulations 2026 (S.I. 2026/627), regs. 1(2), 2(4)(b)(ii)

F16

Substituted by Regulation (EC) No 398/2009 of the European Parliament and of the Council of 23 April 2009 amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, as regards the implementing powers conferred on the Commission.

F17

Words in Art. 4(7) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(h)(i)(aa)

F18

Words in Art. 4(7) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(h)(i)(bb)

F19

Words in Art. 4(7) omitted (31.12.2020) by virtue of The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(h)(ii)

F20

Words in Art. 4 heading substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 7(5)(a)