The Trade in Endangered Species of Wild Fauna and Flora (Amendment) (EU Exit) Regulations 2018

Amendment of Council Regulation (EC) No 338/97

4.—(1) Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein is amended as follows.

(2) In Article 2—

(a)omit point (a);

(b)in point (e), for “Community” substitute “United Kingdom”;

(c)in point (g), for “‘management authority’ shall mean a national administrative authority designated, in the case of a Member State,” substitute “‘the management authority’ shall mean the person”;(1)

(d)omit point (h);

(e)in point (k), for “Community” substitute “United Kingdom”;

(f)in point (n), for “Community” in both places substitute “United Kingdom”;

(g)after point (n) insert—

“(na)‘Regulation 338/97 (pre-exit)’ shall mean Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein(2), as it had effect immediately before exit day;”;

(h)in point (o), for “Community” in both places substitute “United Kingdom”;

(i)in point (q)—

(aa)omit “, in the case of a Member State”;

(bb)for “Article 13(1)(b)” substitute “Article 13(2)”;

(j)omit point (r);

(k)after point (t) insert—

“(ta)‘third country’ shall mean a country other than the United Kingdom;”;

(l)in point (u)—

(i)for “Community” in both places substitute “United Kingdom”;

(ii)omit “including within a Member State”;

(m)in point (v), for “Community” in both places substitute “United Kingdom”;

(n)in point (w)—

(i)for “more than 50 years before the entry into force of this Regulation” substitute “before 3rd March 1947”;

(ii)omit “of the Member State concerned”;

(o)in point (x), for “Community provisions so provide” substitute “United Kingdom legislation so provides”.

(3) In Article 3—

(a)in paragraph 1—

(i)in point (a), for “Member States have” substitute “United Kingdom has”;

(ii)in point (b)(i), for “Community” substitute “United Kingdom”;

(b)in paragraph 2—

(i)in point (a), for “Member States have” substitute “United Kingdom has”;

(ii)in point (d), for “Community” in both places substitute “United Kingdom”;

(c)in paragraph 3(a), for “Member States have” substitute “United Kingdom has”;

(d)in paragraph 4(a), for “Community” substitute “United Kingdom”;

(e)omit paragraph 5.

(4) In Article 4—

(a)in the heading, for “Community” substitute “United Kingdom”;

(b)in paragraph 1—

(i)in the first subparagraph (beginning “The introduction into”)—

(aa)for “Community” substitute “United Kingdom”;

(bb)for “a management authority of the Member State of destination” substitute “the management authority”;

(ii)in point (a)—

(aa)omit “after considering any opinion by the Scientific Review Group”;

(bb)for “Community” substitute “United Kingdom”;

(c)in paragraph 2—

(i)in the first subparagraph (beginning “The introduction into”)—

(aa)for “Community” substitute “United Kingdom”;

(bb)for “a management authority of the Member State of destination” substitute “the management authority”;

(ii)in point (a)—

(aa)omit “and considering any opinion by the Scientific Review Group”;

(bb)for “Community” substitute “United Kingdom”;

(d)in paragraph 3, in the first sentence, (beginning “The introduction into”), for “Community” substitute “United Kingdom”;

(e)in paragraph 4, for “Community” substitute “United Kingdom”;

(f)in paragraph 5(a), for “Community” in both places substitute “United Kingdom”.

(5) In Article 5—

(a)in the heading, for “Community” substitute “United Kingdom”;

(b)in paragraph 1—

(i)for “Community” substitute “United Kingdom”;

(ii)for “a management authority of the Member State in which the specimens are located” substitute “the management authority”;

(c)in paragraph 2—

(i)in point (b), omit the words from “where the application is made” to the end;

(ii)in point (c)(ii), for “not listed in Annex I” substitute “listed in Appendix I”; and

(iii)in point (d), omit “of the Member State”;

(d)in paragraph 3—

(i)in point (a), for “Community” substitute “United Kingdom”;

(ii)after point (a) insert—

“(aa)were introduced into the United Kingdom before exit day and in accordance with the requirements of Regulation 338/97 (pre-exit);”;

(iii)in point (b)—

(aa)for “Community” substitute “United Kingdom”;

(bb)for “this Regulation” substitute “Regulation 338/97 (pre-exit)”;

(iv)in point (c) for “Community” substitute “United Kingdom”; and

(v)in point (d)—

(aa)for “a Member State” substitute “the United Kingdom”;

(bb)for “(a)” substitute “(aa)”; and

(cc)omit “or became applicable in that Member State”;

(e)in paragraph 4, in the first subparagraph (beginning “The export or re-export”)—

(i)for “Community” substitute “United Kingdom”;

(ii)for “a management authority of the Member State in whose territory the specimens are located” substitute “the management authority”;

(f)omit paragraph 5;

(g)in paragraph 6(ii), for “this Regulation” substitute “Regulation 338/97 (pre-exit)”;

(h)in paragraph 7(a)—

(i)omit “in each Member State”;

(ii)for “that Member State” substitute “the management authority”;

(iii)omit “competent” in the second place it occurs.

(6) In Article 6—

(a)omit paragraphs 1, 2 and 4;

(b)in paragraph 3, for “competent authority to which the application is submitted” substitute “management authority”.

(7) In Article 7(2)(a) for “Community” substitute “United Kingdom”.

(8) In Article 8—

(a)omit paragraph 2;

(b)in paragraph 3—

(i)in the first sentence (beginning “In accordance with”)—

(aa)for “Community” substitute “United Kingdom”;

(bb)for “a management authority of the Member State in which the specimens are located” substitute “the management authority”;

(ii)for point (a) substitute—

“(a)were—

(i)acquired in, or were introduced into, a member State before the provisions relating to species listed in Appendix I to the Convention or in Annex C1 to Regulation (EEC) No 3626/82 or in Annex A to Regulation 338/97 (pre-exit) became applicable to the specimens; and

(ii)introduced into the United Kingdom before exit day; or”;

(iii)after point (a) insert—

“(aa)were acquired in, or were introduced into, the United Kingdom before the provisions relating to species listed in Appendix 1 to the Convention or in Annex C1 to Regulation (EEC) No 3626/82 or in Annex A to Regulation 338/97 (pre-exit) became applicable to the specimens; or”;

(iv)in point (c), for “Community” substitute “United Kingdom”;

(v)in point (e) for the words from “Council Directive 86/609/EEC” to “other scientific purposes”, substitute “, and in accordance with, the Animals Scientific Procedures Act 1986,”(3);

(vi)in point (h), for “a Member State”, and for “that Member State”, substitute “the United Kingdom”;

(c)in paragraph 5—

(i)for “competent” substitute “management”;

(ii)omit “of the Member State concerned”;

(iii)for “Community” substitute “United Kingdom”;

(d)in paragraph 6, for “competent authorities of the Member States” substitute “management authority”.

(9) In Article 9—

(a)in paragraph 1—

(i)for “Community” substitute “United Kingdom”;

(ii)after “in compliance with this Regulation” insert “, or Regulation 338/97 (pre-exit),”;

(iii)for “a management authority of the Member State in which the specimen is located” substitute “the management authority”;

(b)in paragraph 2—

(i)in point (a), omit the words from “of such Member State” to “of the latter”;

(ii)in point (b), omit “and”;

(iii)omit point (c);

(c)in paragraph 4, for “Community” substitute “United Kingdom”;

(d)in paragraph 5—

(i)for “Community”, in the first place it occurs, substitute “United Kingdom”;

(ii)for “Community”, in the second place it occurs, substitute “any applicable United Kingdom”.

(10) In Article 10, for “a management authority of a Member State” substitute “the management authority”.

(11) In Article 11—

(a)omit paragraphs 1 and 2;

(b)in paragraph 3—

(i)in the first sentence, for “issuing” substitute “management”;

(ii)omit the second sentence;

(c)in paragraph 4, for “Community” substitute “United Kingdom”.

(12) In Article 12—

(a)in paragraph 1—

(i)for “Member States shall” substitute “The Secretary of State must”;

(ii)for “Community” substitute “United Kingdom”;

(iii)omit “within the meaning of Regulation (EEC) No 2913/92,”;

(b)in paragraph 2—

(i)for “Member States shall” substitute “The Secretary of State must”;

(ii)for “Community” substitute “United Kingdom”;

(c)for paragraph 3 substitute—

“3.  A list of the customs offices designated in accordance with paragraph 1 must be published in such form and manner as the Secretary of State considers appropriate.”;

(d)in paragraph 5, for “Member States” substitute “The Secretary of State”.

(13) In Article 13—

(a)in paragraph 1—

(i)in point (a)—

(aa)for “Each Member State” substitute “The Secretary of State”;

(bb)for “and for communication with the Commission” substitute “(the management authority)”;

(ii)in point (b) for “Each Member State” substitute “The Secretary of State”;

(b)in paragraph 2 for “Each Member State shall” substitute “The Secretary of State may”;

(c)omit paragraph 3.

(14) In Article 14—

(a)in paragraph 1—

(i)in point (a), for “of the Member States shall” substitute “must”;

(ii)omit point (c);

(b)omit paragraphs 2 and 3.

(15) In Article 15—

(a)omit paragraphs 1, 3 and 5;

(b)in paragraph 2, for “ The Commission shall” substitute “The Secretary of State must”;

(c)in paragraph 4—

(i)omit points (a) and (c);

(ii)in point (b)—

(aa)for “On the basis of the information referred to in (a), the Commission shall” substitute “The Secretary of State must”;

(bb)for “Community” substitute “United Kingdom”;

(iii)for point (d) substitute—

“(d)The Secretary of State must publish a report on the implementation and enforcement of this Regulation when reporting that information under the Convention, to the Convention Secretariat.”;

(d)in paragraph 6—

(i)omit “Without prejudice to Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment”;

(ii)for “ the Commission” substitute “ The Secretary of State”;

(iii)after “this Regulation” insert “, having regard to the Environment Information Regulations 2004 (S.I. 2004/3391) and the Environment Information (Scotland) Regulations 2004 (S.I. 2004/520)(4)”.

(16) In Article 16—

(a)in paragraph 1, for the words from “Member States” to “infringements” substitute “The following are infringements”;

(b)omit paragraph 2;

(c)in paragraph 3—

(i)for “Member State of confiscation” substitute “United Kingdom”;

(ii)in point (a), for “that Member State” substitute “the United Kingdom”;

(iii)in point (b), for “Community” substitute “United Kingdom”;

(d)in paragraph 4—

(i)for “Community” substitute “United Kingdom”;

(ii)for “Member State responsible for the point of introduction” substitute “United Kingdom”.

(17) Omit Articles 17 and 20 to 22.

(18) Omit—

(a)the words “This Regulation shall be binding” to the end;

(b)“Done at Brussels, 9 December 1996”;

(c)the signatory text.