The Environment and Wildlife (Legislative Functions) (EU Exit) (Amendment) Regulations 2019

The Environment and Wildlife (Legislative Functions) (EU Exit) (Amendment) Regulations 2019

Procedure: Affirmative Draft
Laid: 24 July 2019 

This statutory instrument amends the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (‘SI 2019/473 ’). This is to ensure that the  Secretary of State can set out the detail of key derogations in Commission Regulation  (EC) No 865/2006 by regulations, rather than ‘in writing’, which may restrict the  powers of the Secretary of State to simply making  administrative measures. It also provides for regulations made by the Secretary of State in respect of those derogations to be subject to parliamentary scrutiny under the negative resolution procedure.    

The Convention on International Trade in Endangered Species of Wild Fauna and  Flora (‘CITES’) is implemented in the EU through a  set of regulations known as the  EU Wildlife Trade Regulations (‘WTR’), which put in place a system of permits and  certificates for cross-border movement of specimens of endangered species. The  WTR include:  

• Principal Regulation – Council Regulation (EC) No 3 38/97 on the protection of  species of wild fauna and flora by regulating trade therein (“Regulation 338/97”);  
• Implementing Regulation – Commission Regulation (EC ) No 865/2006 laying  down detailed rules concerning the implementation of Council Regulation (EC)  No 338/97 (“Regulation 865/2006").  

Article 7(1) to (3) of Regulation 338/97 provides for derogations from the permitting regime, in relation to: specimens of species born and bred in captivity or artificially propagated; specimens in transit; and specimens which are personal and household effects. The Article also gives the Commission legislative powers to set out the regulatory detail of the derogations. The Commission has done so in Regulation 865/2006.  

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