Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Endangered Species (Import and Export) Act 1976 (Amendment) Regulations 1996 and shall, except for regulation 7, come into force on 16th November 1996 immediately after the coming into force of articles 1 to 4 of the Endangered Species (Import and Export) Act 1976 (Amendment) Order 1996(3).

(2) Regulation 7 shall come into force on 17th November 1996, immediately after the coming into force of article 5 of the Endangered Species (Import and Export) Act 1976 (Amendment) Order 1996.

(3) In these Regulations "the Act" means the Endangered Species (Import and Export) Act 1976(4).

Amendment of Schedule 1 to the Act

2. In Schedule 1 to the Act (Animals the importation and exportation of which are restricted)(5) for all the words from "This Schedule applies" onwards there shall be substituted "This Schedule does not apply to any kind of animal.".

Amendment of Schedule 2 to the Act

3. In Schedule 2 to the Act (Plants the importation and exportation of which are restricted)(6) for all the words from "This Schedule applies" onwards there shall be substituted "This Schedule does not apply to any kind of plant.".

Amendment of Schedule 3 to the Act

4. In Schedule 3 to the Act (Items the importation and exportation of which are restricted)(7) for all the words from "This Schedule applies" onwards there shall be substituted "This Schedule does not apply to any item.".

Amendment of Schedule 4 to the Act

5. For Schedule 4 to the Act (Animals the sale etc. of which is restricted)(8) there shall be substituted the Schedule set out in Schedule 1 to these Regulations.

Amendment of Schedule 5 to the Act

6. For Schedule 5 to the Act (Plants the sale etc. of which is restricted)(9) there shall be substituted the Schedule set out in Schedule 2 to these Regulations.

Revocation

7. The Endangered Species (Import and Export) Act 1976 (Amendment) Order 1996 is hereby revoked.

Regulation 5

SCHEDULE 1SCHEDULE SUBSTITUTED FOR SCHEDULE 4 TO THE ENDANGERED SPECIES (IMPORT AND EXPORT) ACT 1976

Section 4

"SCHEDULE 4ANIMALS THE SALE ETC OF WHICH IS RESTRICTED

This Schedule applies to the following kinds of animal, namely-

MAMMALS

1. Subject to paragraph 2, the kinds of mammals specified in the first column below-

2. The species Aonyx microdon, Felis bengalensis bengalensis, Felis rubiginosa, Antilocapra americana sonoriensis, Moschus moschiferus moschiferus and Vicugna vicugna are specified in this Schedule only in relation to populations excluded from Appendix I of Annex A to Council Regulation (EEC) No. 3626/82 on the implementation in the Community of the Convention on International Trade in Endangered Species of wild fauna and flora, as amended by Commission Regulation (EEC) No. 558/95.

BIRDS

3. The kinds of birds specified in the first column below-

REPTILES

4. Subject to paragraph 5, the kinds of reptiles specified in the first column below-

5. Crocodylus niloticus and Crocodylus porosus are specified in this Schedule only in relation to populations excluded from Appendix I of Annex A to Council Regulation (EEC) No. 3626/82 on the implementation in the Community of the Convention on International Trade in Endangered Species of wild fauna and flora, as amended by Commission Regulation (EEC) No. 558/95.

FISH

6. The kinds of fish specified in the first column below-

Note: The second column of this Schedule gives a common name or names, where available, and is included by way of guidance only; in the event of any dispute or proceedings, only the first column is to be taken into account."

Regulation 6

SCHEDULE 2SCHEDULE SUBSTITUTED FOR SCHEDULE 5 TO THE ENDANGERED SPECIES (IMPORT AND EXPORT) ACT 1976

Section 4

"SCHEDULE 5PLANTS THE SALE ETC. OF WHICH IS RESTRICTED

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in consequence of Council Regulation 3626/82 on the implementation in the Community of the Convention on International Trade in Endangered Species of wild fauna and flora (OJ No. L 384, 31.12.1982, p.1; relevant amending instruments are OJ No. L 87, 31.3.88, p.67, OJ No. L 57, 15.3.95, p.l, OJ No. L 284, 28.11.95, p.3.) ("the EC CITES Regulation"). Their effect is to disapply the Endangered Species (Import and Export) Act 1976 ("the Act") insofar as it has been superseded by the EC CITES Regulation.

Regulations 2 and 3 provide that Schedules 1 and 2 to the Act shall not apply to any kinds of animal or plant. Regulation 4 provides that Schedule 3 to the Act shall not apply to any item. The effect of these provisions is to disapply national import and export restrictions which duplicated restrictions made by the EC CITES Regulation.

Regulation 5, by substituting a new Schedule 4 to the Act (Schedule 4 to the Act specifies the kinds of animals the sale etc. of which is restricted), deletes from that Schedule a number of kinds of animal previously listed. The deletion disapplies national sales restrictions which duplicated restrictions made by the EC CITES Regulation. The new Schedule 4 lists those kinds of animal which were previously listed in that Schedule and on which national controls do not duplicate the EC CITES Regulation.

Regulation 6 deletes from Schedule 5 to the Act (which specifies the kinds of plant the sale etc. of which is restricted) the kinds of plant the sale of which is restricted under Article 6 of the EC CITES Regulation.

Regulation 7 revokes the Endangered Species (Import and Export) Act 1976 (Amendment) Order 1996 which is spent as a consequence of these Regulations.