The Control of Trade in Endangered Species Regulations 2018

UK Statutory Instrument 2018 No. 703 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 7 June 2018
In force from: 1 October 2018
Extent: Not stated
Subject: Dogs, animals, hunting and wildlife
Made under: (EC) No 338/97, Commission Regulation (EC) No 865/2006, Schedule 2 to, the 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 provide 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 No L 61, 3.3.97, p 1) (“the Principal Regulation”) and Commission Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of that Council Regulation (OJ No L 166, 19.6.2006, p 1) (“the Subsidiary Regulation”). In addition, they confer powers and functions on the Secretary of State. The Principal Regulation implements in the European Union the 1973 Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES). Contravention of articles 4 and 5 of the Principal Regulation is an offence under the Customs and Excise Management Act 1979 (c.2). Regulation 3(1) (and Schedule 1) provides that a person who fails to comply with certain provisions of this Regulation, the Principal Regulation or the Subsidiary Regulation (“the instruments”) is guilty of an offence. Regulation 3(2) (and Schedule 2) provides for civil sanctions for failure to comply with certain provisions of the instruments. Regulation 4 provides for defences to offences under Article 8 of the Principal Regulation. Regulation 5 relates to the case where it is possible that a specimen is both of a category listed in Annex A and a category listed in Annex B, and in this case provides for a statutory presumption in favour of Annex A. Regulation 6 requires that an advertisement for the sale of an Annex A specimen includes a reference to the certificate authorising commercial use of the specimen. Regulation 7 provides for seizure of specimens by a general customs official and forfeiture of a seized specimen. Regulation 8 provides for powers of entry for police and wildlife inspectors. Regulation 9 provides for powers of seizure by the police and provides for reimbursement of expenses incurred by police in connection with seizure. Regulation 10 provides powers for the courts to order forfeiture of specimens and other items, and to impose a ban on a convicted person preventing the person from holding a specimen for a period of time. Regulation 11 provides for offences by corporations and Scottish partnerships. Regulation 12 provides that the Secretary of State is the management authority for the purposes of the instruments and that the Secretary of State may designate scientific authorities for the purposes of the instruments. Regulation 13 provides that the Secretary of State may designate ports of entry and exit for the purposes of the instruments. Regulation 14 provides for revocations. Regulation 15 provides for savings and transitional provisions. An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Offences created by this instrument

If a person on whom a stop notice is served does not comply with it within the time limit specified in the notice, the… paragraph 16 of SCHEDULE 2 · Status not determined · Strict liability

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.

Seahorses: Illegal Trade in the UK Commons · Commons Chamber · 6 December 2018 · The Minister for Agriculture, Fisheries and Food (George Eustice)
I congratulate my right hon. Friend the Member for East Devon (Sir Hugo Swire) on securing this debate and on his support for the protection of seahorses, one of our most unusual and beautiful fish. He has most eloquently described their unique nature and their role in coastal ecosystems, and I join him in paying tribute to the Seahorse Trust and others for their work in raising awareness of their plight. While only two species inhabit UK waters from Shetland to Devon, there are over 50 species that inhabit many of the shallower coastal waters across the globe. As my right hon. Friend said,…
Online Safety Bill Lords · Lords Chamber · 12 July 2023 · Lord Clement-Jones (LD)
My Lords, I strongly support Amendment 180, tabled by the noble Baroness, Lady Merron. I will also explain why I put forward Amendment 180A. I pay tribute to the noble Baroness, Lady Hayman, who pursued this issue with considerable force through her Question in the House. There is clearly an omission in the Bill. One of its primary aims is to protect children from harmful online content, and animal cruelty content causes harm to the animals involved and, critically, to the people who view it, especially children. In Committee, in the Question and today, we have referred to the polling…

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure: Made negative — law unless a motion to stop it succeeded
Could either House amend it?: No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.

Procedural history

Instrument created 7 June 2018
Instrument made (signed into law) 7 June 2018
Laid before the House of Commons 11 June 2018 · Commons
Laid before the House of Lords 11 June 2018 · Lords
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 26 June 2018 · Lords
Information paragraph provided by the Secondary Legislation Scrutiny Committee (SLSC) 26 June 2018 · Lords
Considered by the Joint Committee on Statutory Instruments (JCSI) 27 June 2018 · Commons, Lords
Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 27 June 2018 · Commons, Lords
Objection period ends 20 July 2018
Instrument remains law 20 July 2018
Procedure concluded in the House of Commons and the House of Lords 20 July 2018 · Commons, Lords
Instrument comes into force as law 1 October 2018

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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