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The Control of Trade in Endangered Species Regulations 2018

Consolidated Text As Enacted Cited authorities 25 Cited in Amendments 7 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2018/703
Year2018
  • These Regulations may be cited as the Control of Trade in Endangered Species Regulations 2018 and come into force on 1st October 2018.
    • (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 F13in accordance with the Principal Regulation;
    • “imported unlawfully” means introduced ... 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 338/97 on the protection of species of wild fauna and flora by regulating trade therein;
    • “Subsidiary Regulation” means Commission Regulation (EC) No 865/2006 laying 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.any reference to the Principal Regulation is a reference to the Principal Regulation as amended from time to time;any reference to the Subsidiary Regulation is a reference to the Subsidiary Regulation as amended from time to time.(1) Schedule 1 makes provision for offences and penalties.(2) Schedule 2 makes provision for civil sanctions.(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.is a constable or a person acting at the request or on behalf of the management authority, andpurchases, or offers to purchase, a specimen for a purpose connected with the enforcement of these Regulations.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, andthat at the time the alleged offence was committed that person had no reason to believe that the specimen was imported unlawfully or acquired unlawfully.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, andthe 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) .where the specimen falls within paragraph (3) , it is not reasonably practical to determine the population from which that specimen derives;where the specimen falls within paragraph (4) , it is not reasonably practical to determine the subspecies to which that specimen belongs;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) .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) , andone 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.the specimen is of a species listed in Annex A or B to the Principal Regulation, andone 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.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, andone 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.
  • 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.
    • is being imported or exported,has been imported, oris brought to any place for the purpose of being imported or exported,(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 1979 (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 2009 or a person authorised by a designated person.

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