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) where the specimen falls within paragraph (3), it is not reasonably practical to determine the population from which that specimen derives;
- (b) where the specimen falls within paragraph (4), it is not reasonably practical to determine the subspecies to which that specimen belongs;
- (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) 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) 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) the specimen is of a species listed in Annex A or B to the Principal Regulation, and
- (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) 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) 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) is being imported or exported,
- (b) has been imported, or
- (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.
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