The Control of Trade in Endangered Species Regulations 2018
| Year | 2018 |
2018 No. 703
Wildlife
The Control of Trade in Endangered Species Regulations 2018
Made 7th June 2018
Laid before Parliament 11th June 2018
Coming into force 1st October 2018
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”)1.
The Secretary of State is designated for the purposes of section 2(2) of the 1972 Act in relation to the environment2.
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State that it is expedient for references in these Regulations to Council Regulation (EC) No 338/97on the protection of species of wild fauna and flora by regulating trade therein3and to Commission Regulation (EC) No 865/2006laying down detailed rules concerning the implementation of that Council Regulation4to be construed as references to those instruments as amended from time to time.
Citation and commencement
1. These Regulations may be cited as the Control of Trade in Endangered Species Regulations 2018 and come into force on 1st October 2018.
Interpretation
2.—(1) In these Regulations—
“acquired” means, in relation to a specimen, taken from the wild or the point at which it was born in captivity or artificially propagated;
“acquired unlawfully” means acquired contrary to the provisions of the Principal Regulation or the Subsidiary Regulation and “acquired lawfully” is to be construed accordingly;
“import” means introduce into the European Union;
“imported unlawfully” means introduced into the European Union contrary to the provisions of the Principal Regulation or the Subsidiary Regulation;
“premises” includes any place, plant, machinery, equipment, apparatus, vehicle, vessel, aircraft, hovercraft, tent, temporary or movable building or structure;
“Principal Regulation” means Council Regulation (EC) No 338/97on the protection of species of wild fauna and flora by regulating trade therein;
“Subsidiary Regulation” means Commission Regulation (EC) No 865/2006laying down detailed rules concerning the implementation of the Principal Regulation.
(2) Unless the context otherwise requires, expressions used in these Regulations which are also used in the Principal Regulation or the Subsidiary Regulation have the same meaning as in the instrument in question.
(3) In these Regulations—
(a)
(a) any reference to the Principal Regulation is a reference to the Principal Regulation as amended from time to time;
(b)
(b) any reference to the Subsidiary Regulation is a reference to the Subsidiary Regulation as amended from time to time.
Offences, penalties and civil sanctions
3.—(1) Schedule 1 makes provision for offences and penalties.
(2) Schedule 2 makes provision for civil sanctions.
Liability for offences relating to Article 8 of the Principal Regulation
4.—(1) A person is not guilty of an offence under paragraph 1 of Schedule 1 if that person proves that, at the time the alleged offence was committed, that person had no reason to believe that the specimen was a specimen of a species listed in Annex A or, as the case may be, Annex B.
(3) A person is not guilty of an offence relating to Article 8 of the Principal Regulation if that person—
(a)
(a) is a constable or a person acting at the request or on behalf of the management authority, and
(b)
(b) purchases, or offers to purchase, a specimen for a purpose connected with the enforcement of these Regulations.
(4) A person is not guilty of an offence under paragraph 1(2) of Schedule 1, involving contravention of Article 8.5 of the Principal Regulation, if that person proves—
(a)
(a) that reasonable enquiries were made when that person came into possession of the specimen in order to ascertain whether it was imported lawfully or acquired lawfully, and
(b)
(b) that at the time the alleged offence was committed that person had no reason to believe that the specimen was imported unlawfully or acquired unlawfully.
(5) A person is to be taken to have made the enquiries mentioned in paragraph (3)(a) if that person produces a statement to the court provided by the person from whom possession of the specimen was obtained (“the supplier”), signed by the supplier or by a person authorised by the supplier, which states that—
(a)
(a) the supplier made enquiries at the time when the specimen came into the supplier’s possession in order to ascertain whether it was a specimen which had been imported lawfully or acquired lawfully, and
(b)
(b) the supplier had no reason to believe at the time when possession passed to the accused that the specimen was at that time a specimen which had been imported unlawfully or acquired unlawfully.
(6) A person must not provide a false statement for the purposes of paragraph (4).
Split-listed specimens
5.—(1) For the purposes of an offence relating to Article 8 of the Principal Regulation, a split-listed specimen is presumed to be of a species listed in Annex A to the Principal Regulation, if—
(a)
(a) where the specimen falls within paragraph (3), it is not reasonably practical to determine the population from which that specimen derives;
(b)
(b) where the specimen falls within paragraph (4), it is not reasonably practical to determine the subspecies to which that specimen belongs;
(c)
(c) where the specimen falls within paragraph (5), it is not reasonably practical to determine the species or subspecies to which that specimen belongs.
(2) In paragraph (1), “split-listed specimen” means a specimen falling within paragraph (3), (4) or (5).
(3) A specimen falls within this paragraph if—
(a)
(a) the specimen is of a species or subspecies, or is included in a higher taxon than species, listed in Annex A or B to the Principal Regulation (or listed in both of those Annexes), and
(b)
(b) one or more geographical populations of that species, subspecies or higher taxon are included in one of those Annexes and one or more other populations of that species, subspecies or higher taxon are included in the other of those Annexes.
(4) A specimen falls within this paragraph if—
(a)
(a) the specimen is of a species listed in Annex A or B to the Principal Regulation, and
(b)
(b) one or more subspecies of that species are included in one of those Annexes and one or more subspecies of that species are included in the other of those Annexes.
(5) A specimen falls within this paragraph if—
(a)
(a) the specimen is included in a higher taxon than species and that taxon is listed in either Annex A or B to the Principal Regulation, and
(b)
(b) one or more species or subspecies of that higher taxon are included in one of those Annexes, and one or more species or subspecies included in that higher taxon are included in the other of those Annexes, and all geographical populations of those species or subspecies are included in those Annexes.
Advertising sale of Annex A specimens
6. A person offering to sell a specimen of a species listed in Annex A, in accordance with a certificate granted under Article 8(3) of the Principal Regulation, must include the reference number of the certificate in any advertisement for the sale of the specimen.
Proof of lawful import or export
7.—(1) Where a specimen—
(a)
(a) is being imported or exported,
(b)
(b) has been imported, or
(c)
(c) is brought to any place for the purpose of being imported or exported,
a general customs official may require any person possessing or having control of that specimen to provide proof that its import or export is or was not unlawful by virtue of the Principal Regulation or the Subsidiary Regulation.
(2) Until proof required under paragraph (1) is provided to the satisfaction of a general customs official, the specimen may be detained by the customs official for 30 days beginning on the day on which the specimen is first detained.
(3) If that proof is not provided to the satisfaction of the general customs official before the expiry of that period of detention, the specimen is deemed to be seized as liable to forfeiture under the Customs and Excise Management Act 19795on expiry of that period.
(4) In this regulation, “general customs official” means a person designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 20096or a person authorised by a designated person.
Powers of entry
8.—(1) If, on an application made by a constable, a justice is satisfied that there are reasonable grounds for believing—
(a)
(a) that there is a specimen that has been imported unlawfully or acquired unlawfully on premises specified in the application, or
(b)
(b) that an offence under these Regulations has been or is being committed and that evidence of the offence may be found on any premises,
and that any of the conditions specified in paragraph (2) applies, a warrant may be issued authorising a constable, and any other persons as the constable thinks necessary, to enter and search those premises.
(2) The conditions referred to in paragraph (1) are that—
(a)
(a) admission to the premises has been refused;
(b)
(b) refusal of admission is anticipated;
(c)
(c) the case is one of urgency;
(d)
(d) an application for admission to the premises would defeat the object of the entry.
(3) An authorised person may, at any reasonable time and (if required to do so) upon producing evidence that the person is so authorised, enter and inspect any premises for the purpose of—
(a)
(a) ascertaining whether contrary to Article 8 of the Principal Regulation, the premises are being used for any of the following activities in relation to that specimen—
(i) purchase;
(ii) offering to purchase;
(iii) acquisition for...
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