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STATUTORY INSTRUMENTS

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”)(a)[1].

The Secretary of State is designated for the purposes of section 2(2) of the 1972 Act in relation to the environment(b).[2]

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 338/97 on the protection of species of wild fauna and flora by regulating trade therein(c)[3] and to Commission Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of that Council Regulation(d)[4] to 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;

  1. ↑ (a) 1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and S.I. 2007/1388.
  2. ↑ (b) S.I. 2008/301.
  3. ↑ (c) OJ No L 61, 3.3.1997, p 1, as last amended by Commission Regulation (EU) 2017/160 (OJ No L 27, 1.2.2017, p 1).
  4. ↑ (d) OJ No L 166, 19.6.2006, p 1, as last amended by Commission Regulation (EU) 2015/870 (OJ No L 142, 6.6.2015, p 3).
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