The Control of Trade in Endangered Species (Fees) Regulations 2009
| Year | 2009 |
2009 No. 496
Fees And Charges
Wildlife
The Control of Trade in Endangered Species (Fees) Regulations 2009
Made 3rd March 2009
Laid before Parliament 10th March 2009
Coming into force 6th April 2009
The Secretary of State, with the consent of the Treasury, makes these Regulations in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 19731as read with paragraph 1A of Schedule 2 to the European Communities Act 19722.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for references to Council Regulation (EC) No 338/97on the protection of species of wild fauna and flora by regulating trade therein3and to Commission Regulation (EC) No 865/20064laying down detailed rules concerning the implementation of that Council Regulation to be construed as references to those Regulations as amended from time to time.
Citation and commencement
1. These Regulations may be cited as the Control of Trade in Endangered Species (Fees) Regulations 2009 and they come into force on 6th April 2009.
Interpretation
2.—(1) In these Regulations—
“application” means an application for a permit, certificate or registration specified in column 1 of the Schedule, and must be construed in accordance with regulation 6 (applications);
“certificate of origin” means a certificate issued for the purposes of Article 5(2)(b), (3) or (4) of the Council Regulation and referred to in Article 10 of that Regulation;
“CITES registration” means—
(a) registration of a commercial operation that breeds animal species listed for the time being in Appendix I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora5, or
(b) registration of a nursery that exports artificially propagated specimens of species listed for the time being in Appendix I to that Convention;
“commercial use certificate” means a certificate referred to in Articles 8(3) and 10 of the Council Regulation;
“the Commission Regulation” means Commission Regulation (EC) No 865/2006laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97on the protection of species of wild fauna and flora by regulating trade therein;
“the Council Regulation” means Council Regulation (EC) No 338/97on the protection of species of wild fauna and flora by regulating trade therein;
“export permit” means an export permit referred to in Article 5(1), (2) and (4) of the Council Regulation;
“import permit” means an import permit referred to in Article 4(1) and (2) of the Council Regulation;
“movement certificate” means a certificate referred to in Articles 9(2)(b) and 10 of the Council Regulation;
“purpose code” means a code indicating the purpose of a transaction, referred to in Article 5(5) of the Commission Regulation and listed in Annex IX(1) to that Regulation;
“re-export certificate” means a re-export certificate referred to in Article 5(1), (3) and (4) of the Council Regulation;
“sample collection certificate” means a sample collection certificate referred to in Article 44a6of the Commission Regulation;
“scientific institution certificate” means a certificate referred to in Article 60 of the Commission Regulation;
“source code” means a code indicating the source of a specimen, referred to in Article 5(6) of the Commission Regulation and listed in Annex IX(2) to that Regulation;
“specimen” means a specimen in relation to which a person wishes to obtain the permit, certificate or registration in question; and
“travelling exhibition certificate” means a travelling exhibition certificate referred to in Article 30 of the Commission Regulation.
(2) Other terms used in these Regulations that are also used in the Council Regulation or the Commission Regulation have the meaning they bear in those Regulations.
(3) In these Regulations—
(a)
(a) any reference to the Commission Regulation is a reference to the Commission Regulation as amended from time to time, and
(b)
(b) any reference to the Council Regulation is a reference to the Council Regulation as amended from time to time.
Fees
3.—(1) Except where regulation 4 applies, a person who wishes to obtain a permit, certificate or registration specified in an entry in column 1 of the Schedule must pay the fee specified in the entry in column 2 of the Schedule opposite to that entry.
(2) A fee which is payable by virtue of paragraph (1) or regulation 4(2) must be paid—
(a)
(a) in relation to each application,
(b)
(b) to the Secretary of State, and
(c)
(c) when the application is made.
Fee in relation to application for certain multiple permits or certificates
4.—(1) This regulation applies where—
(a)
(a) a person wishes to obtain 50 or more import permits, export permits or re-export certificates,
(b)
(b) the specimens are of the same species (in the case of animals other than corals) or genus (in the case of plants and corals),
(c)
(c) the specimens have the same source code and purpose code, and
(d)
(d) the specimens are to be exported (or re-exported) by the same exporter, but to different importers.
(2) The fee which must be paid to obtain the permits or certificates is—
(a)
(a) £59, in the case of import permits or export permits, or
(b)
(b) £47, in the case of re-export certificates,
plus an additional sum calculated in accordance with paragraph (3).
(3) The additional sum is calculated in multiples of £29, depending on the number of permits or certificates which it is necessary to issue, as follows—
(a)
(a) £29 for 50 to 100 permits or certificates,
(b)
(b) £58 for 101 to 200 permits or certificates,
(c)
(c) £87 for 201 to 300 permits or certificates,
and for each successive higher band of 100 permits or certificates, the additional sum increases by a further £29.
Conservation fee waiver
5.—(1) The Secretary of State may waive the fee in relation to an application for a permit or certificate which would allow a particular activity where that activity—
(a)
(a) would not be undertaken in the course of a trade or business carried on for profit, and
(b)
(b) would bring conservation benefits to the species to which the specimen belongs.
(2) In paragraph (1)—
(a)
(a) “permit or certificate” means any permit or certificate specified in column 1 of the Schedule, and
(b)
(b) “fee” means the fee which would otherwise be payable by virtue of regulation 3(1) or 4(2).
Applications
6.—(1) Subject to paragraphs (2) to (4) and (6) to (9), for the purposes of obtaining any document specified in column 1 of the Schedule, except a scientific institution certificate or a CITES registration, each specimen must be the subject of a separate application.
(2) For the purposes of obtaining an import permit, an export permit or a re-export certificate, two or more specimens may be the subject of one application provided that the specimens—
(a)
(a) are of the same species (in the case of animals other than corals) or genus (in the case of plants and corals),
(b)
(b) have the same source...
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