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Article 48 Certificate provided for in Article 8(3) of Regulation (EC) No 338/97 (certificate for commercial use)

United Kingdom

Original text. Later amendments are not shown.

1.

A certificate for the purposes of Article 8(3) of Regulation (EC) No 338/97 shall state that specimens of species listed in Annex A thereto are exempted from one or more of the prohibitions laid down in Article 8(1) of that Regulation for any of the following reasons:

F1(a)

they were—

(i)

acquired in, or introduced into, a member State before the provisions relating to species listed in Annex A to Regulation 338/97 (pre-exit), or in Appendix I to the Convention, or in Annex C1 to Regulation (EEC) No 3626/82 became applicable to them; and

(ii)

acquired in, or introduced into, the United Kingdom before IP completion day;

F2(aa)

they were acquired in, or were introduced into, the United Kingdom before the provisions relating to species listed in Annex A to Regulation 338/97 (pre-exit), or in Appendix I to the Convention, or in Annex C1 to Regulation (EEC) No 3626/82 became applicable to them;

(b)

they originate in F3Great Britain and were taken from the wild in accordance with the legislation of the United Kingdom (as that legislation applies in Great Britain);

(c)

they are, or are parts of, or are derived from animals born and bred in captivity;

(d)

they are authorised to be used for one of the purposes referred to in Article 8(3)(c) and (e) to (g) of Regulation (EC) No 338/97.

2.

The F4... management authority ... may deem an import F5, export or re-export permit acceptable as a certificate for the purposes of Article 8(3) of Regulation (EC) No 338/97 upon presentation of, the ‘copy for the holder’ (form 2), if that form states that, as provided for in Article 8(3) thereof, the specimens are exempted from one or more of the prohibitions laid down in Article 8(1) of that Regulation.

Annotations

Textual amendments

F1

Art. 48(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), 8(50)(a)(i)

F2

Art. 48(1)(aa) inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(50)(a)(ii)

F3

Words in Art. 48(1)(b) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(50)(a)(iii)

F4

Words in Art. 48(2) 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), 8(50)(b)

F5

Words in Art. 48(2) inserted (23.6.2026) by The Control of Trade in Endangered Species (Amendment and Revocation) Regulations 2026 (S.I. 2026/627), regs. 1(2), 3(11)

Notes on the whole EU Regulation

Textual amendments

F1

Substituted by Commission Regulation (EU) No 791/2012 of 23 August 2012 amending, as regards certain provisions relating to the trade in species of wild fauna and flora, Regulation (EC) No 865/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 338/97.

Notes on Chapter X

Textual amendments

F1

Word in Ch. 10 heading 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), 8(47)