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CITES Amendment

On 11 August 2009 The Control of Trade in Endangered Species (Enforcement) (Amendment) Regulations 2009 came into force.

These Regulations amend the 1997 COTES Regulations. The Amendment concerns the prosecution of offences relating to commercial trade in specimens of endangered species given protection by the Convention on International Trade in Endangered Species (known as CITES).

It makes it clear how a prosecution should be brought in respect of ‘split-listed’ CITES species where it is not possible to identify the species, subspecies or population to which a specimen belongs. Split listing occurs where a species or family is divided between different Annexes of the EU Wildlife Trade Regulations which implement CITES across the European Community. This Regulation is only concerned with split listings which occur between Annexes A and B.

The Amendment does this by adding a presumption to COTES offences controlling the commercial use of specimens of endangered species so that, where it is not reasonably practicable to identify whether a specimen of a ‘split-listed’ species belongs to Annex A or B, it is presumed to derive from an Annex A species.

 
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