Proposed changes to the Control of Trade in Endangered Species Regulations

Overview

In relation to the regulation of trade in endangered species in the United Kingdom (UK) we are seeking views on proposed changes to the legislation which helps to deliver our obligations arising from the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).  We are proposing to update the Control of Trade in Endangered Species (COTES) Regulations to reflect changes already established by the EU regulations which implement CITES in the UK, remove anomalies, ensure that enforcement bodies have the necessary powers to effectively enforce CITES requirements and update the list of ports of entry and exit through which CITES controlled species and products from non-EU countries can be brought in and out of the UK.

Why your views matter

The age of the existing legislation means that they do not take account of changing trade patterns and practices, or enforcement and investigative techniques. In addition certain EU regulatory requirements (notably relating to the sale and packaging of caviar and the designation of ports of exit) have yet to be fully addressed, and the EU regulations have continued to be developed in light of changing CITES requirements and these requires consequential amendments. The need for change has been highlighted in discussions with enforcement agencies (UKBF and Police), and notably the Environmental Audit Committee (EAC), in its inquiry into wildlife crime during the 2012-13 Parliamentary session[1], included reform of COTES as one of its central recommendations. 

This consultation is seeking comments on proposed changes to the COTES Regulations which we consider necessary to: reflect changes in controls already established by EU regulation to fulfil the obligation on Member States to put in place an effective enforcement regime by; helping equip enforcement bodies with the necessary capability and powers to enforce the requirements of CITES and address activity which is contrary to it; removing existing anomalies in the Regulations; reviewing the existing criminal offences. We will also be updating the list of designated ports of entry and exit through which CITES controlled species can be brought in and out of the UK and consolidate all of the COTES Regulations (and related legislation) into one Statutory Instrument to provide a one-stop-shop for stakeholders for all CITES related legislation.

How to respond

You can respond to this consultation in any one of three ways:

• Online by completing on-line survey:

This is our preferred method because it is the fastest and most cost-effective way for us to collate, analyse and summarise responses. 

Alternatively if you are unable to respond on-line you can respond via an

• Email to: COTESReview@defra.gsi.gov.uk   or by
• Post to: COTES Review Team, Area 1/14b, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6EB

If you wish to obtain a hard copy of this consultation please contact us via the postal or email addresses above.

Responses received by the deadline will be analysed and reviewed and a summary of responses will be placed on the consultations section of the government web site within 3 months from the end of the consultation.

In line with Defra’s policy of openness, copies of the responses we receive will be publically available, at the end of the consultation period, for at least 6 months. If you do not consent to this, you must clearly request that your response be treated confidentially. Any confidentiality disclaimer generated by your IT system in and e-mail response will not be treated as such a request. You should also be aware that there may be circumstances in which Defra will be required to release information to comply with its obligations under the Freedom of Information Act and the Environmental Information Regulations.

[1] http://www.publications.parliament.uk/pa/cm201213/cmselect/cmenvaud/140/14002.htm

What happens next

Responses received by the deadline will be analysed and reviewed and a summary of responses will be placed on the consultations section of the Government web site within 3 months from the end of the consultation.