UK Statutory Instrument SI 2018 United Kingdom

The Control of Trade in Endangered Species Regulations 2018

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 …

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
APHA
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 2 of 13 obligations carry up to 2 years imprisonment. 5 carry different penalties and 6 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person8 Director or Officer1

Plus 4 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.004 Liability for offences relating to Article 8 of the Principal Regulation (opens in a new tab) Imprisonment
  • Provide a false statement regarding the legal origin of endangered speciesAny Person
s.006 Advertising sale of Annex A specimens (opens in a new tab) Prosecution
  • Include certificate number in advertisements for endangered species saleAny Person

Fine up to £1,000,000

s.007 Proof of lawful import or export (opens in a new tab) Regulated
  • Provide proof of lawful import or export for endangered speciesAny Person
s.010 Forfeiture and banning orders (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Courts may order forfeiture of specimens and equipment or ban offendersTribunal / Court
s.011 Offences by corporations etc. (opens in a new tab) Imprisonment
  • Officer liable for corporate wildlife trade offenceDirector or Officer
10 other provisions — procedural and definitional
s.001 Citation and commencement
s.002 Interpretation
s.003 Offences, penalties and civil sanctions (opens in a new tab)
s.005 Split-listed specimens (opens in a new tab)
s.008 Powers of entry (opens in a new tab)
s.009 Powers of seizure (opens in a new tab)
s.012 Management authority and scientific authority (opens in a new tab)
s.013 Ports of entry and exit (opens in a new tab)
s.014 Revocations (opens in a new tab)
s.015 Savings and transitional provisions (opens in a new tab)
Schedules

Schedules

8 of 33 shown
s.001 Offences and penalties (opens in a new tab) Imprisonment
  • Engage in commercial trade of an endangered‑species specimenAny Person
s.sch001 Article 16(1)(j) of the Principal Regulation Prosecution
  • Trade in endangered species without authorisationAny Person

Unlimited fine

s.sch002 Contents of a stop notice Regulated
Other duties (1) — Crown / regulator
  • Stop notices must include key information for complianceStatutory regulator
s.sch002 Offence Prosecution
  • Fail to comply with stop noticeAny Person

Unlimited fine

s.sch002 Discharge of an enforcement undertaking Regulated
Other duties (1) — Crown / regulator
  • Management authority must issue discharge certificate if undertaking complied withStatutory regulator
s.sch002 Non-compliance penalties Regulated
  • Fail to comply with a compliance/stop notice or undertakingAny Person
s.sch002 Third party undertakings Regulated
  • You may offer a third party undertaking after receiving a notice of intentAny Person
s.sch002 Final notice Regulated
Other duties (1) — Crown / regulator
  • Management authority must decide on enforcement requirements and issue final noticeStatutory regulator
25 other schedules
s.002 Civil sanctions (opens in a new tab)
s.sch001 Other offences and penalties
s.sch002 Interpretation
s.sch002 Appeals against a final notice
s.sch002 Stop notices
s.sch002 Appeals
s.sch002 Completion certificates
s.sch002 Compensation
s.sch002 Enforcement undertakings
s.sch002 Contents of an enforcement undertaking
s.sch002 Acceptance of an enforcement undertaking
s.sch002 Compliance notice
s.sch002 Inaccurate, incomplete or misleading information
s.sch002 Non-compliance with an enforcement undertaking
s.sch002 Appeals
s.sch002 Withdrawing or amending a notice
s.sch002 Appeals
s.sch002 Guidance as to use of civil sanctions
s.sch002 Consultation on guidance
s.sch002 Publication of enforcement action
s.sch002 Imposition of a variable monetary penalty
s.sch002 Notice of intent
s.sch002 Making representations
s.sch002 Contents of final notice: compliance notice
s.sch002 Contents of final notice: variable monetary penalty

Help complying

Guvnor’s practical routes through this instrument.

Import licences for controlled goods

How to get import licences for controlled goods including endangered species, controlled drugs, firearms, nuclear materials, and sanctioned goods. Covers which authority …
2 more guides that reference this instrument
Restricted and protected materials: UK REACH and CITES for textiles and leather Textiles, clothing and leather manufacturer: compliance checklist

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.