The Control of Trade in Endangered Species (Enforcement) Regulations 1997

UK Statutory Instrument 1997 No. 1372 — creates 12 criminal offences.

12offences created

0recorded in force

0revoked

Made: 29 May 1997
In force from: 1 June 1997
Extent: Not stated
Subject: Education, social security, pensions and public services
Made under: European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make provision for the enforcement of Council Regulation (EC) No. 338/97 on the protection of species of wild flora and fauna by regulating trade therein (OJ L61, 3.3.97) (“the Principal Regulation”) and of Commission Regulation (EC) No. 939/97 which implements the Principal Regulation (“the Subsidiary Regulation”). The Principal Regulation implements in the Community the 1973 Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES). They revoke the Control of Trade in Endangered Species (Enforcement) Regulations 1985 (S.I. 1985/1155) which made provision for the enforcement of Council Regulation (EEC) No. 3626/82 (OJ No. L384, 31.12.82) and Commission Regulation (EEC) No. 3418/83 (OJ No. L344, 7.12.83) which are revoked by the Principal Regulation. These Regulations provide for criminal offences relating to breach of requirements of the Principal Regulation and, in particular— regulation 3 creates a number of offences relating to the making of false statements or the furnishing of false information for the purpose of obtaining a permit or certificate under the Principal Regulation or Subsidiary Regulation; regulation 4 provides for offences relating to the misuse of such permits or certificates; regulation 5 refers to the powers of persons commissioned or authorised by the Commissioners of Customs and Excise to require proof of lawful import or export of a specimen; regulation 6 makes it an offence to contravene any condition or requirement of a permit or certificate issued in accordance with the Principal Regulation or Subsidiary Regulation; regulation 7 makes it an offence to move a live specimen listed in Annex A of the Principal Regulation from the address specified in the import permit or in any other certificate relating to that specimen or to keep such a specimen at a different address without prior authorisation; regulation 8 creates a number of offences relating to a range of activities including the purchase and sale of specimens listed in Annex A of the Principal Regulation or of specimens listed in Annex B which have been imported or acquired unlawfully; Regulations 9 and 10 make provision for powers of entry, including the power to take samples from specimens, and seizure for the purposes of enforcement of the Principal Regulation. Regulation 11 provides for forfeiture of specimens and other things upon a conviction. Regulation 12 provides for the liability of corporations.

Offences created by this instrument

False statements etc regulation 3(1) · Status not determined · Requires proof of a state of mind
False statements etc regulation 3(2) · Status not determined · Requires proof of a state of mind
Misuse of permits and certificates regulation 4(1) · Status not determined · Requires proof of a state of mind
Misuse of permits and certificates regulation 4(2) · Status not determined · Requires proof of a state of mind
Misuse of permits and certificates regulation 4(3) · Status not determined · Requires proof of a state of mind
Compliance with permits or certificates regulation 6 · Status not determined · Requires proof of a state of mind
Movement of live specimens regulation 7(1) · Status not determined · Strict liability
Purchase and sale etc regulation 8(1) · Status not determined · Strict liability
Purchase and sale etc regulation 8(2) · Status not determined · Strict liability
Purchase and sale etc regulation 8(7) · Status not determined · Requires proof of a state of mind
Powers of entry regulation 9(6) · Status not determined · Requires proof of a state of mind
Powers of entry regulation 9(7) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Wildlife Crime Commons · Westminster Hall · 10 October 2013 · Barry Gardiner
I am very happy to accept what the hon. Gentleman says. He is, of course, right that there are many and complex reasons why a species may become extinct in the UK. However, the fact is that the species that I am talking about is on the brink and is being persecuted by some irresponsible gamekeepers. That is absolutely clear. I welcome all that the game industry is doing in terms of distraction feeding and so on; it is making serious efforts. However, some irresponsible gamekeepers shoot raptors and they have a vendetta against hen harriers in particular. That must stop and the way to achieve…
International Wildlife Crime Commons · Commons Chamber · 6 February 2014 · Joan Walley (Stoke-on-Trent North) (Lab)
I will do my best to keep within your five-minute time limit, Madam Deputy Speaker. I thank the Backbench Business Committee for nominating this important debate, particularly as it takes place the week before this most important high-level conference. It is clear that we need to send out a powerful message from this Chamber that we have to take action on illegal wildlife trade, and the conference at Lancaster House next week will be a key part in getting that action. Debating the matter today is just so important. Today, we have seen the Paris ivory crush, which has sent out a powerful…
Ivory Bill Commons · Commons Chamber · 4 June 2018 · David Rutley
We have already taken very strong action to combat the illegal trade in rhino horn. Other Members have also talked about the need to extend that to other ivory-bearing species—I will come on to that later if I can. Under clause 35, the Secretary of State does have powers to extend that ban if there is sufficient displacement. That is a delegated power and we will obviously take it very seriously. We can debate that more in Committee. As I was saying, figures for the elephant population have moved from 600,000 when I visited Tanzania to just 415,000. That is a depressing decline of more than…
Ivory Bill (Fifth sitting) Commons · Public Bill Committees · 19 June 2018 · David Rutley
The clause provides for the new offences to be created under the Bill. The new offences have been developed to capture the likely chain of actions pertaining to commercial dealing in ivory or that support commercial dealing. Directly breaching the ban, causing it to be breached or facilitating a breach are all offences under the Bill. In practice, directly breaching the ban would include dealing in a prohibited item or dealing in ivory without an exemption certificate or registration for that item. That applies equally to the seller and the buyer. Causing a breach would include someone…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 1997