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S T A T U T O R Y I N S T R U M E N T S
2026 No. 627
RETAINED EU LAW REFORM
WILDLIFE
The Control of Trade in Endangered Species (Amendment and
Revocation) Regulations 2026
Made - - - - 10th June 2026
Coming into force- 23rd June 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by sections
14(1), (2), (3), (4)(a), (b) and (d), (7) and 20(1) of the Retained EU Law (Revocation and Reform)
Act 2023 (“the 2023 Act”)(a).
The Secretary of State is a relevant national authority for the purposes of section 14(1), (2) and (3)
of the 2023 Act(b).
In accordance with paragraphs 2(1) to (3) and 5(1) of Schedule 5 to the 2023 Act, a draft of this
instrument has been laid before Parliament and approved by a resolution of each House of
Parliament.
PART 1
Introduction
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Control of Trade in Endangered Species
(Amendment and Revocation) Regulations 2026.
(2) These Regulations come into force on 23rd June 2026.
(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
(a) 2023 c. 28.
(b) The term “relevant national authority” is defined in section 21(1) of the Retained EU Law (Revocation and Reform) Act
2023.PART 2
Amendment of assimilated direct legislation
Amendment of Council Regulation (EC) No 338/97 on the protection of species of wild fauna
and flora by regulating trade therein
2.—(1) Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora
by regulating trade therein(a) is amended as follows.
(2) In Article 2(d) (definition of “import notification”)—
(a) after “at the time of” insert “or prior to”;
(b) after “in Annexes” insert “B, if exempt from Article 4(2),”;
(c) for “on a form” substitute “in a format”.
(3) In Article 3 (scope)—
(a) in paragraphs 2, 3 and 4 omit subparagraph (b);
(b) after paragraph 4 insert—
“5. Species listed in—
(a) Appendix 1 to the Convention for which the Secretary of State has entered a
reservation in relation to Great Britain is, for the duration of the reservation,
deemed to be a species listed in Annex B of this Regulation;
(b) Appendix 2 to the Convention for which the Secretary of State has entered a
reservation in relation to Great Britain is, for the duration of the reservation,
deemed to be a species listed in Annex C of this Regulation;
(c) Appendix 3 to the Convention for which the Secretary of State has entered a
reservation in relation to Great Britain is, for the duration of the reservation,
deemed to be a species listed in Annex D of this Regulation.”.
(4) In Article 4 (introduction into Great Britain)—
(a) after paragraph 5 insert—
“5a. The introduction into Great Britain of specimens of species to which a waiver under
Article 7(5) applies is subject to the completion of the necessary checks and the prior
presentation of an import notification at the border customs office at the point of
introduction.
5b. The introduction into Great Britain of specimens of species listed in Annexes A, B or
C from a country with a reservation in place for that species is subject to the completion of
the necessary checks and the prior presentation at the border customs office at the point of
introduction of documents issued by the competent authorities of that country that conform
to the requirements of Articles 3 to 6 of the Convention.
5c. The introduction into Great Britain of specimens of species listed in Annexes A, B or
C from a country that is not a party to the Convention is subject to the completion of the
necessary checks and the prior presentation at the border customs office at the point of
introduction of documents issued by the competent authorities of that country that conform
to the requirements of Articles 3 to 6 of the Convention.”.
(b) in paragraph 6—
(i) for the words from the beginning to “introduction into Great Britain”, substitute—
(a) EUR 1997/338, amended by S.I. 2020/1395 and S.I. 2023/106.
2“Following consultation with the relevant scientific authority of the United Kingdom and
with relevant countries of origin, the Secretary of State may establish restrictions relating to
the introduction of specimens of species listed in Annexes A to D into Great Britain”;
(ii) for the words after subparagraph (d) substitute—
“The Secretary of State must publish and keep up to date a list of restrictions established
under this paragraph”.
(5) In Article 5 (export or re-export from Great Britain) in paragraph 2(c)(ii) omit “not listed in
Annex I to the Convention”.
(6) In Article 7 (derogations) after paragraph (4) insert—
“5. Imports of certain Annex B specimens
The Secretary of State—
(a) may, in consultation with the relevant scientific authority of the United Kingdom,
waive the requirement for an import permit referred to in Article 4(2) for
specimens of species listed in Annex B where such import is determined not to
have a detrimental impact on the conservation of the species concerned;
(b) must keep up to date and publish a list of species or specimens of species and
countries of origin to which such a waiver applies; and
(c) must maintain a record of import notifications relating to specimens imported
under this waiver in accordance with Article 4(5a).”.
(7) In Article 8 (provisions relating to the control of commercial activities) for paragraph 4
substitute—
“4. The Secretary of State may, by regulations, set out general derogations—
(a) from the prohibitions in paragraph 1, based on the conditions referred to in
paragraph 3;
(b) in relation to species listed in Annex A in accordance with point (ii) of Article
3(1)(b).”.
(8) For Article 10 (certificates to be issued) substitute—
“Article 10
The issuance of permits and certificates
1. Subject to paragraph 2, on receiving an application, together with all the requisite
supporting documents, from the person concerned and provided that all the conditions
governing their issuance have been fulfilled, the management authority may issue a permit
or certificate for the purposes referred to in Articles 4, 5, 8 and 9.
2. In considering whether the conditions governing the issuance of a permit or
certificate referred to in paragraph 1 have been fulfilled, the management authority must
have regard to any additional measures, conditions or restrictions regarding the conditions
for trade of specimens of species listed in Annexes A to C relating to conservation of the
respective species, which the Secretary of State may set out in guidance and publish
following consultation with the scientific authorities.”.
(9) In Article 11 (validity of and special conditions for permits and certificates) before
paragraph 3 insert—
“2a. Any permit or certificate issued in accordance with this Regulation is deemed void if
the management authority, in consultation with the competent authority that issued the
permit or certificate, establishes the permit or certificate was issued on the false premise
that the conditions for its issuance were met.
2b. Any permit or certificate issued on the basis of a permit or certificate deemed void
under paragraph 2a is also void.
32c. Specimens situated in Great Britain and covered by a permit or certificate referred to
in paragraphs 2a or 2b may be seized, confiscated and disposed of by the relevant
competent authority.”.
(10) In Article 12 (places of introduction and export) for paragraph 4 substitute—
“4. In exceptional circumstances where temporary authorisation is necessary for urgent
conservation or welfare purposes, the management authority may authorise the introduction
into Great Britain or the export or re-export therefrom of specimens of species covered by
this Regulation other than for primarily commercial purposes(a), at a customs office other
than one designated in accordance with paragraph 1.
4a. Prior to granting temporary authorisation under paragraph 4, the management
authority must be satisfied that—
(a) an existing customs office designated under paragraph 1 is not available to carry
out the necessary checks and formalities for introduction into or export or re-
export from Great Britain; and
(b) the proposed customs office is equipped to carry out the necessary checks and
formalities for the introduction into or export or re-export from Great Britain.”.
Amendment of Commission Regulation (EC) No 865/2006 laying down detailed rules
concerning the implementation of Council Regulation (EC) No 338/97 on the protection of
species of wild fauna and flora by regulating trade therein
3.—(1) Commission Regulation (EC) No 865/2006 laying down detailed rules concerning the
implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna
and flora by regulating trade therein(b) is amended as follows.
(2) After Article 1a (references to importation) insert—
“Article 1b
Electronic forms
Any form mentioned in Article 4 (including an application form, continuation sheet, label,
notification, annex to a form and supporting document) may be submitted to the
management authority in paper or electronic format or both.”.
(3) In Article 8 (issue and use of documents) in paragraph 1, for the sentence beginning “Permits
and certificates, substitute—
“Permits, certificates and labels may be issued in paper format or in electronic format, or
both, by the management authority and by the competent authority of a third country.”.
(4) In Article 10 (validity of import and export permits etc)—
(a) after paragraph 3a insert—
“3b. The period of validity of a certificate issued by the management authority under
Article 60 shall not exceed five years but the management authority may re-issue the
certificate prior to the certificate’s date of expiry for a further period not exceeding five
years.
3c. A certificate issued under Article 60 prior to 23rd June 2026 that does not specify an
expiry date expires on 22nd June 2031.”;
(b) in paragraph 4, for “and 3a”, substitute “, 3a and 3b”.
(5) In Article 11 (validity of used import permits and certificates), in paragraph 3 for the words
from the beginning to “means” substitute—
(a) See Article 2(m) of Council Regulation (EU) No 338/97 for the meaning of “primarily commercial purposes”.
(b) EUR 2006/865, amended by S.I. 2020/1395 and S.I. 2020/1668.
4“Certificates issued in accordance with Articles 48 and 63 must be clearly marked in the
appropriate location on the face of the certificate as—
(a) transaction-specific in the case of specimens or dead specimens which cannot be
marked or identified by other means; or
(b) specimen-specific in the case of specimens or dead specimens which are uniquely
and permanently marked.”.
(6) In Article 19 (simplified procedures with regard to export or re-export of dead specimens)—
(a) in the heading—
(i) after “regard to” insert “import,”;
(ii) omit “dead”;
(b) in paragraph 1—
(i) in the unnumbered paragraph before subparagraph (a)—
(aa) before “export”, in the first place it occurs, insert “import,”;
(bb) after “re-export of” omit “dead”;
(cc) before “export permits” insert “import permits,”;
(ii) in subparagraph (a) before “export or” insert “import,”;
(iii) in subparagraph (b) after “species” insert “or specimens of species”;
(iv) in subparagraph (c) after “partially completed” insert “import permits,”;
(v) in subparagraph (d) for the unnumbered paragraph before point (i) substitute—
“the management authority must authorise registered persons or bodies to enter specific
information in boxes 3, 5, 8 and 9 or 10 of the export permit or re-export certificate or
boxes 1, 4, 8, and 9 or 10 of the import permit provided that they comply with the following
requirements:”;
(c) in paragraph 2—
(i) before “export” insert “import,”;
(ii) for “Article 5(4)” substitute “Articles 4(2) and 5(4)”.
(7) In Article 24 (documents to be surrendered by the importer to the customs office) after
paragraph 2 insert—
“3. In the case of an import notification that relates to specimens of species listed in
Annex B to Regulation (EC) No 338/97, which are exempt from Article 4(2) of that
Regulation by Article 7(5) of that Regulation, customs offices may, where necessary, retain
such specimens pending verification of the validity of the accompanying export documents
referred to in Article 4(1)(b) (as applied by Article 4(2)(c)) of that Regulation).”.
(8) In Article 32 (issuing authority) for paragraph 2, substitute—
“2. A travelling exhibition certificate issued by a third country is valid for use in Great
Britain provided that—
(a) the certificate has not expired;
(b) it conforms to the format and content requirements set out in Annex 3 of CITES
Resolution Conf. 12.3(a);
(c) the specimen covered by the certificate is clearly marked and is accompanied by
the original certificate and any required continuation sheets;
(d) the issuing authority is listed as a management authority(b) by the Convention
Secretariat; and
(a) Annex 3 of CITES Resolution Conf.12.3 can be found on the CITES website at https://cites.org/eng/res/index.php.
(b) A list of management authorities can be found on the CITES website at https://cites.org/eng/parties/country-
profiles/national-authorities.
5(e) the management authority is satisfied there is no history of non-compliance
associated with the certificate or the specimen or specimens to which the certificate
applies.”.
(9) In Article 34 (applications) for paragraph 1, substitute—
“1a. The applicant for a travelling-exhibition certificate must complete boxes 3 and 9 to
18 of the application form (form 3) and boxes 3 and 9 to 18 of the original and all copies(a).
1b. The applicant must include in the application form the name and details of the owner
of the specimen and, if relevant, the name and details of a person authorised by the owner
of the specimen to act on their behalf.
1c. Where the applicant for a certificate is not the owner of the specimen subject to the
application, evidence of authority to make the application on behalf of the owner must be
submitted in written form to the management authority together with the application form;
1d. The management authority may authorise the completion of a single application form
in which case such an application may be for more than one certificate.”.
(10) Omit Article 45a (introduction, export or re-export through a non-designated customs
office).
(11) In Article 48 (certificate provided for in Article 8(3) of Regulation (EC) No 338/97
(certificate for commercial use)) in paragraph 2 after “import” insert “, export or re-export”.
(12) In Article 57 (introduction and reintroduction into Great Britain of personal and household
effects) in paragraph 1, in the first unnumbered paragraph after “if they” insert “are not subject to
any additional measures, conditions or restrictions set out in guidance published under Article
10(2) of Regulation (EC) No 338/97 and”.
(13) In Article 58 (export and re-export from Great Britain of personal and household effects) in
paragraph 1, after “transported for sale” insert “or specimens subject to any additional measures,
conditions or restrictions set out in guidance published under Article 10(2) of Regulation (EC) No
338/97”.
(14) In Article 60 (derogation from Article 8(1) of Regulation (EC) No 338/97 for the benefit of
scientific institutions)—
(a) omit “in consultation with a scientific authority”;
(b) after “sale” insert “, exchange or loan”.
(15) In Article 66 (marking methods), for paragraph 8 substitute—
“8a. Captive born and bred birds, as well as other birds born in a controlled environment
must be marked with a seamlessly closed leg-ring that is uniquely marked in accordance
with guidance on the unique marking of seamlessly closed leg-rings published by the
management authority.
8b. For the purposes of paragraph 8a, a seamlessly closed leg-ring refers to a ring or
band in a continuous circle, without any break or join, which has not been tampered with in
any way, of a size which cannot be removed from the bird when its leg is fully grown after
having been applied in the first days of the bird’s life and which has been commercially
manufactured for that purpose.”.
(16) In Annex 10 (animal species referred to in Article 62(1)) after “Psephotus dissimilis”
insert—
“Reptilia
TESTUDINES
(a) The application form for a travelling-exhibition certificate can be found in Annex 3 to Commission Implementing
Regulation (EU) No 792/2012. Applicants can obtain a copy of the application form from the management authority.
Details of how to apply for a form can be found on the government website at https://www.gov.uk/guidance/cites-imports-
and-exports.
6Testudinidae
Testudo graeca
Testudo hermanni
Testudo marginata”.
Amendment of Commission Implementing Regulation (EU) No 792/2012 laying down rules
for the design of permits, certificates and other documents provided for in Council
Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating
trade therein
4.—(1) Commission Implementing Regulation (EU) No 792/2012 laying down rules for the
design of permits, certificates and other documents provided for in Council Regulation (EC) No
338/97 on the protection of species of wild fauna and flora by regulating trade therein(a) is
amended as follows.
(2) In Annex 2—
(a) in form 1 (original)—
(i) in each of box 6A to F after “species” insert “and for species listed in Annex B to
Regulation (EC) No 338/97 that are exempt from requirements for an import permit
under Article 4(2) of that Regulation by means of a waiver under Article 7(5) of that
Regulation”;
(ii) in box 13, after “CITES” insert “or listed in Annex B to Regulation (EC) No 338/97
and exempt from requirements for an import permit under Article 4(2) of that
Regulation by means of a waiver under Article 7(5) of that Regulation”;
(b) in the notes following form 1 (instructions and explanations)—
(i) in point 9 after “Annexes” insert “B,”;
(ii) in point 12 before “C” insert “B,”;
(iii) in point 13, after “documents” insert “and, for specimens exempt from an import
permit under Article 4(2) of Regulation (EC) No 338/97 by means of a waiver under
Article 7(5) of that Regulation, the export permit or re-export certificate”;
(c) in form 2 (copy for the importer)—
(i) in each of box 6A to F after “species” insert “and for species listed in Annex B to
Regulation (EC) No 338/97 that are exempt from the requirement for an import
permit under Article 4(2) of that Regulation by means of a waiver under Article 7(5)
of that Regulation”;
(ii) in box 13, after “CITES” insert “or listed in Annex B to Regulation (EC) No 338/97
and exempt from requirements for an import permit under Article 4(2) of that
Regulation by means of a waiver under Article 7(5) of that Regulation”;
(d) in the notes following form 2 (instructions and explanations)—
(i) in point 9 after “Annexes” insert “B,”;
(ii) in point 12 before “C” insert “B,”;
(iii) in point 13 after “documents” insert “and, for specimens exempt from an import
permit under Article 4(2) of Regulation (EC) No 338/97 by means of a waiver under
Article 7(5) of that Regulation, the export permit or re-export certificate.”.
(3) In Annex 3—
(a) in form 1 (travelling-exhibition certificate, original), in box 3—
(i) after “registration)” insert “and applicant (name, permanent address and country of
registration) where the form is completed by an applicant on an owner’s behalf”;
(a) EUR 2012/792, amended by S.I. 2020/1395.
7(ii) after “signature of owner” insert “or of applicant where the form is completed by an
applicant on the owner’s behalf”;
(b) in the notes following form 1 (instructions and explanations)—
(i) in point 3—
(aa) after “by the certificate” insert “and also (if the form is completed by an
applicant on the owner’s behalf) the full name, permanent address and country
of the applicant”;
(bb) after “signature of the owner” insert “or of the applicant if the form is
completed by an applicant on the owner’s behalf”;
(ii) in point 19 omit the words from “In the case of” to “first destination.”;
(c) in form 2 (travelling-exhibition certificate - copy for the issuing authority), in box 3—
(i) after “registration)” insert “and applicant (name, permanent address and country of
registration) where the form is completed by an applicant on an owner’s behalf”;
(ii) after “signature of owner” insert “or of applicant where the form is completed by an
applicant on the owner’s behalf”;
(d) in form 3 (travelling-exhibition certificate - application), in box 3—
(i) after “registration)” insert “and applicant (name, permanent address and country of
registration) where the form is completed by an applicant on an owner’s behalf”;
(ii) after “signature of owner” insert “or of applicant where the form is completed by an
applicant on the owner’s behalf”;
(e) in the notes following forms 2 and 3 (instructions and explanations), in point 3—
(i) for “(not of an agent)” substitute “and also (if the form is completed by an applicant
on the owner’s behalf) the full name, permanent address and country of the
applicant”;
(ii) after “signature of the owner” insert “or of the applicant if the form is completed by
an applicant on the owner’s behalf”.
PART 3
Amendment of subordinate legislation
Amendment of the Control of Trade in Endangered Species Regulations 2018
5. In the Control of Trade in Endangered Species Regulations 2018(a), in Schedule 2 (civil
sanctions) in paragraph 1 (interpretation) for the definition “relevant regulation”, substitute—
““relevant regulation” means—
(a) regulation 6 of these Regulations;
(b) Article 16(1)(a)(b), (c), (g), (j), (k) and (l) of the Principal Regulation;
(c) Article 64(2) of the Subsidiary Regulation;
(d) Article 66(6) and (7) of the Subsidiary Regulation;”.
(a) S.I. 2018/703, amended by S.I. 2020/1395.
(b) For criminal sanctions, see sections 50(3) and 60 of the Customs and Excise Management Act 1979 (c. 2).
8PART 4
Revocation of assimilated direct legislation
Revocation of Commission Implementing Regulation (EU) 2019/1587 prohibiting the
introduction into Great Britain of specimens of certain species of wild fauna and flora in
accordance with Council Regulation (EC) No 338/97 on the protection of species of wild
fauna and flora by regulating trade therein
6. Commission Implementing Regulation (EU) 2019/1587 prohibiting the introduction into
Great Britain of specimens of certain species of wild fauna and flora in accordance with Council
Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade
therein(a) is revoked.
Mary Creagh
Parliamentary Under-Secretary of State
10th June 2026 Department for Environment Food and Rural Affairs
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend, revoke and replace various provisions in secondary assimilated law
within the meaning of section 12(2) of the Retained EU (Revocation and Reform) Act 2023 (c.
28).
These Regulations also amend subordinate legislation that enforces the secondary assimilated law.
The assimilated direct legislation amended, revoked or replaced by these Regulations is Council
Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade
therein (“the 1997 Regulation”), Commission Regulation (EC) No 865/2006 laying down detailed
rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of
species of wild fauna and flora by regulating trade therein (“the 2006 Regulation”), Commission
Implementing Regulation (EU) No 792/2012 laying down rules for the design of permits,
certificates and other documents provided for in Council Regulation (EC) No 338/97 on the
protection of species of wild fauna and flora by regulating trade therein (“the 2012 Regulation”)
and Commission Implementing Regulation (EU) 2019/1587 prohibiting the introduction into
Great Britain of specimens of certain species of wild fauna and flora in accordance with Council
Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade
therein (“the 2019 Regulation”).
The assimilated direct legislation implements international obligations arising from the
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
CITES controls the import, export, re-export and transhipment of protected flora and fauna,
including dead or living species, as well their parts or derivatives.
Part 1 (regulation 1) contains introductory provisions.
Part 2 (regulations 2 to 4) contains amendments to the 1997 Regulation, the 2012 Regulation and
the 2006 Regulation.
Part 3 (regulation 5) amends the Control of Trade in Endangered Species Regulations 2018 (S.I.
2018/703) in relation to civil sanctions.
Part 4 revokes the 2019 Regulation.
(a) S.I. 2019/1587, amended by S.I. 2020/1395.
9No impact assessment has been produced for these Regulations as no, or no significant, impact on
the private, voluntary or public sector is foreseen. Instead, a de minimis assessment has been
prepared and has been published, with an Explanatory Memorandum, alongside these Regulations
at www.legislation.gov.uk.
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