The Control of Trade in Endangered Species (Amendment and Revocation) Regulations 2026

Published: Tue 16th Jun 26

This instrument updates the regulatory framework for the trade of protected wild fauna and flora in Great Britain to align with international obligations under the Convention on International Trade in Endangered Species (CITES).

It authorizes the use of electronic permit systems, establishes a process for waiving import permit requirements for certain species, and grants the Secretary of State powers to set trade restrictions and general derogations through secondary legislation.

These regulations apply to management and scientific authorities, customs officers, and any persons or businesses involved in the import, export, or commercial use of endangered species specimens.

Arguments For

The Regulations aim to modernize the administration of the Convention on International Trade in Endangered Species (CITES) by allowing the submission and issuance of permits and certificates in electronic formats.
The document states that the Secretary of State may waive import permit requirements for certain Annex B specimens if the trade is determined to have no detrimental impact on the conservation of the species.
The order asserts that the introduction of a five-year validity period for scientific certificates (Article 60) ensures periodic review of institutions' compliance with conservation standards.
Proponents may argue that the clearer definition of void permits—and the power to seize specimens based on them—strengthens enforcement against applications made on false premises.

Arguments Against

Legal scholars might question the breadth of the Secretary of State's power to establish trade restrictions and derogations through regulations and guidance rather than primary legislation.
Affected traders or scientific institutions may face administrative burdens due to the new five-year expiry on scientific certificates that were previously open-ended.
Civil liberties or property rights advocates might raise concerns regarding the expanded powers to seize, confiscate, and dispose of specimens if a permit is unilaterally deemed void by authorities after issuance.
Implementation difficulties may arise for customs offices tasked with manually verifying export documents for Annex B specimens that are newly exempt from UK import permit requirements.

PART 1 Introduction

Citation, commencement and extent

-(1) These Regulations may be cited as the Control of Trade in Endangered Species (Amendment and Revocation) Regulations 2026.

(2) These Regulations come into force on 23rd June 2026.
(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

This section establishes the official title of the regulations and sets the date they become legally effective as 23 June 2026.

The rules apply throughout the entire United Kingdom, including England, Wales, Scotland, and Northern Ireland.

PART 2 Amendment of assimilated direct legislation

Amendment of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein

-(1) Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein( 3 ) is amended as follows.

(2) In Article 2(d) (definition of 'import notification')-

(a) after 'at the time of' insert 'or prior to';
(b) after 'in Annexes' insert 'B, if exempt from Article 4(2),';
(c) for 'on a form' substitute 'in a format'.

(3) In Article 3 (scope)-

(a) in paragraphs 2, 3 and 4 omit subparagraph (b);
(b) after paragraph 4 insert-

' 5. Species listed in-

(a) Appendix 1 to the Convention for which the Secretary of State has entered a reservation in relation to Great Britain is, for the duration of the reservation, deemed to be a species listed in Annex B of this Regulation;
(b) Appendix 2 to the Convention for which the Secretary of State has entered a reservation in relation to Great Britain is, for the duration of the reservation, deemed to be a species listed in Annex C of this Regulation;
(c) Appendix 3 to the Convention for which the Secretary of State has entered a reservation in relation to Great Britain is, for the duration of the reservation, deemed to be a species listed in Annex D of this Regulation.'.
(4) In Article 4 (introduction into Great Britain)-
(a) after paragraph 5 insert-

' 5a. The introduction into Great Britain of specimens of species to which a waiver under Article 7(5) applies is subject to the completion of the necessary checks and the prior presentation of an import notification at the border customs office at the point of introduction.

5b. The introduction into Great Britain of specimens of species listed in Annexes A, B or C from a country with a reservation in place for that species is subject to the completion of the necessary checks and the prior presentation at the border customs office at the point of introduction of documents issued by the competent authorities of that country that conform to the requirements of Articles 3 to 6 of the Convention.

5c. The introduction into Great Britain of specimens of species listed in Annexes A, B or C from a country that is not a party to the Convention is subject to the completion of the necessary checks and the prior presentation at the border customs office at the point of introduction of documents issued by the competent authorities of that country that conform to the requirements of Articles 3 to 6 of the Convention.'.

(b) in paragraph 6-

(i) for the words from the beginning to 'introduction into Great Britain', substitute-

'Following consultation with the relevant scientific authority of the United Kingdom and with relevant countries of origin, the Secretary of State may establish restrictions relating to the introduction of specimens of species listed in Annexes A to D into Great Britain';

(ii) for the words after subparagraph (d) substitute-

'The Secretary of State must publish and keep up to date a list of restrictions established under this paragraph'.

(5) In Article 5 (export or re-export from Great Britain) in paragraph 2(c)(ii) omit 'not listed in Annex I to the Convention'.

(6) In Article 7 (derogations) after paragraph (4) insert-

' 5. Imports of certain Annex B specimens

The Secretary of State-

(a) may, in consultation with the relevant scientific authority of the United Kingdom, waive the requirement for an import permit referred to in Article 4(2) for specimens of species listed in Annex B where such import is determined not to have a detrimental impact on the conservation of the species concerned;
(b) must keep up to date and publish a list of species or specimens of species and countries of origin to which such a waiver applies; and
(c) must maintain a record of import notifications relating to specimens imported under this waiver in accordance with Article 4(5a).'.

(7) In Article 8 (provisions relating to the control of commercial activities) for paragraph 4 substitute-

' 4. The Secretary of State may, by regulations, set out general derogations-

(a) from the prohibitions in paragraph 1, based on the conditions referred to in paragraph 3;
(b) in relation to species listed in Annex A in accordance with point (ii) of Article 3(1)(b).'.

(8) For Article 10 (certificates to be issued) substitute-

'Article 10

The issuance of permits and certificates

Subject to paragraph 2, on receiving an application, together with all the requisite supporting documents, from the person concerned and provided that all the conditions governing their issuance have been fulfilled, the management authority may issue a permit or certificate for the purposes referred to in Articles 4, 5, 8 and 9.
In considering whether the conditions governing the issuance of a permit or certificate referred to in paragraph 1 have been fulfilled, the management authority must have regard to any additional measures, conditions or restrictions regarding the conditions for trade of specimens of species listed in Annexes A to C relating to conservation of the respective species, which the Secretary of State may set out in guidance and publish following consultation with the scientific authorities.'.

(9) In Article 11 (validity of and special conditions for permits and certificates) before paragraph 3 insert-

' 2a. Any permit or certificate issued in accordance with this Regulation is deemed void if the management authority, in consultation with the competent authority that issued the permit or certificate, establishes the permit or certificate was issued on the false premise that the conditions for its issuance were met.

2b. Any permit or certificate issued on the basis of a permit or certificate deemed void under paragraph 2a is also void.

2c. Specimens situated in Great Britain and covered by a permit or certificate referred to in paragraphs 2a or 2b may be seized, confiscated and disposed of by the relevant competent authority.'.

(10) In Article 12 (places of introduction and export) for paragraph 4 substitute-

' 4. In exceptional circumstances where temporary authorisation is necessary for urgent conservation or welfare purposes, the management authority may authorise the introduction into Great Britain or the export or re-export therefrom of specimens of species covered by this Regulation other than for primarily commercial purposes( 4 ), at a customs office other than one designated in accordance with paragraph 1.

4a. Prior to granting temporary authorisation under paragraph 4, the management authority must be satisfied that-

(a) an existing customs office designated under paragraph 1 is not available to carry out the necessary checks and formalities for introduction into or export or reexport from Great Britain; and
(b) the proposed customs office is equipped to carry out the necessary checks and formalities for the introduction into or export or re-export from Great Britain.'.

This section modifies primary regulations governing trade in endangered species to clarify the Secretary of State's authority and update permit procedures.

It allows for the waiver of import permits for specific Annex B species when trade is not harmful to conservation and introduces the power to void permits obtained through false information.

Additionally, it permits the seizure of specimens associated with voided permits and allows the use of non-designated customs offices in exceptional welfare or conservation emergencies.

Amendment of Commission Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein

-(1) Commission Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein( 5 ) is amended as follows.

(2) After Article 1a (references to importation) insert-

'Article 1b

Electronic forms

Any form mentioned in Article 4 (including an application form, continuation sheet, label, notification, annex to a form and supporting document) may be submitted to the management authority in paper or electronic format or both.'.

(3) In Article 8 (issue and use of documents) in paragraph 1, for the sentence beginning 'Permits and certificates, substitute-

'Permits, certificates and labels may be issued in paper format or in electronic format, or both, by the management authority and by the competent authority of a third country.'.

(4) In Article 10 (validity of import and export permits etc)-

(a) after paragraph 3a insert-

' 3b. The period of validity of a certificate issued by the management authority under Article 60 shall not exceed five years but the management authority may re-issue the certificate prior to the certificate's date of expiry for a further period not exceeding five years.

3c. A certificate issued under Article 60 prior to 23rd June 2026 that does not specify an expiry date expires on 22nd June 2031.';

(b) in paragraph 4, for 'and 3a', substitute ', 3a and 3b'.

(5) In Article 11 (validity of used import permits and certificates), in paragraph 3 for the words from the beginning to 'means' substitute-

'Certificates issued in accordance with Articles 48 and 63 must be clearly marked in the appropriate location on the face of the certificate as-

(a) transaction-specific in the case of specimens or dead specimens which cannot be marked or identified by other means; or
(b) specimen-specific in the case of specimens or dead specimens which are uniquely and permanently marked.'.

(6) In Article 19 (simplified procedures with regard to export or re-export of dead specimens)-

(a) in the heading-
(i) after 'regard to' insert 'import,';
(ii) omit 'dead';
(b) in paragraph 1-
(i) in the unnumbered paragraph before subparagraph (a)-
(aa) before 'export', in the first place it occurs, insert 'import,';
(bb) after 're-export of' omit 'dead';
(cc) before 'export permits' insert 'import permits,';
(ii) in subparagraph (a) before 'export or' insert 'import,';
(iii) in subparagraph (b) after 'species' insert 'or specimens of species';
(iv) in subparagraph (c) after 'partially completed' insert 'import permits,';
(v) in subparagraph (d) for the unnumbered paragraph before point (i) substitute-

'the management authority must authorise registered persons or bodies to enter specific information in boxes 3, 5, 8 and 9 or 10 of the export permit or re-export certificate or boxes 1, 4, 8, and 9 or 10 of the import permit provided that they comply with the following requirements:';

(c) in paragraph 2-
(i) before 'export' insert 'import,';
(ii) for 'Article 5(4)' substitute 'Articles 4(2) and 5(4)'.

(7) In Article 24 (documents to be surrendered by the importer to the customs office) after paragraph 2 insert-

' 3. In the case of an import notification that relates to specimens of species listed in Annex B to Regulation (EC) No 338/97, which are exempt from Article 4(2) of that Regulation by Article 7(5) of that Regulation, customs offices may, where necessary, retain such specimens pending verification of the validity of the accompanying export documents referred to in Article 4(1)(b) (as applied by Article 4(2)(c)) of that Regulation).'.

(8) In Article 32 (issuing authority) for paragraph 2, substitute-

' 2. A travelling exhibition certificate issued by a third country is valid for use in Great Britain provided that-

(a) the certificate has not expired;
(b) it conforms to the format and content requirements set out in Annex 3 of CITES Resolution Conf. 12.3( 6 );
(c) the specimen covered by the certificate is clearly marked and is accompanied by the original certificate and any required continuation sheets;
(d) the issuing authority is listed as a management authority( 7 ) by the Convention Secretariat; and
(e) the management authority is satisfied there is no history of non-compliance associated with the certificate or the specimen or specimens to which the certificate applies.'.

(9) In Article 34 (applications) for paragraph 1, substitute-

' 1a. The applicant for a travelling-exhibition certificate must complete boxes 3 and 9 to 18 of the application form (form 3) and boxes 3 and 9 to 18 of the original and all copies( 8 ).

1b. The applicant must include in the application form the name and details of the owner of the specimen and, if relevant, the name and details of a person authorised by the owner of the specimen to act on their behalf.

1c. Where the applicant for a certificate is not the owner of the specimen subject to the application, evidence of authority to make the application on behalf of the owner must be submitted in written form to the management authority together with the application form;

1d. The management authority may authorise the completion of a single application form in which case such an application may be for more than one certificate.'.

(10) Omit Article 45a (introduction, export or re-export through a non-designated customs office).

(11) In Article 48 (certificate provided for in Article 8(3) of Regulation (EC) No 338/97 (certificate for commercial use)) in paragraph 2 after 'import' insert ', export or re-export'.

(12) In Article 57 (introduction and reintroduction into Great Britain of personal and household effects) in paragraph 1, in the first unnumbered paragraph after 'if they' insert 'are not subject to any additional measures, conditions or restrictions set out in guidance published under Article 10(2) of Regulation (EC) No 338/97 and'.

(13) In Article 58 (export and re-export from Great Britain of personal and household effects) in paragraph 1, after 'transported for sale' insert 'or specimens subject to any additional measures, conditions or restrictions set out in guidance published under Article 10(2) of Regulation (EC) No 338/97'.

(14) In Article 60 (derogation from Article 8(1) of Regulation (EC) No 338/97 for the benefit of scientific institutions)-

(a) omit 'in consultation with a scientific authority';
(b) after 'sale' insert ', exchange or loan'.

(15) In Article 66 (marking methods), for paragraph 8 substitute-

' 8a. Captive born and bred birds, as well as other birds born in a controlled environment must be marked with a seamlessly closed leg-ring that is uniquely marked in accordance with guidance on the unique marking of seamlessly closed leg-rings published by the management authority.
8b. For the purposes of paragraph 8a, a seamlessly closed leg-ring refers to a ring or band in a continuous circle, without any break or join, which has not been tampered with in any way, of a size which cannot be removed from the bird when its leg is fully grown after having been applied in the first days of the bird's life and which has been commercially manufactured for that purpose.'.
(16) In Annex 10 (animal species referred to in Article 62(1)) after ' Psephotus dissimilis ' insert-

' Reptilia

TESTUDINES

Testudinidae

Testudo graeca

Testudo hermanni

Testudo marginata'.

This segment introduces technical updates for the day-to-day administration of wildlife trade, most notably authorizing electronic applications and permits.

It sets a five-year maximum validity for scientific certificates, requiring institutions to renew them periodically, and provides a grace period for existing certificates until 2031.

It also clarifies marking requirements for captive-bred birds using seamless leg-rings and adds specific tortoise species to the list of animals exempt from certain commercial prohibitions when born and bred in captivity.

Amendment of Commission Implementing Regulation (EU) No 792/2012 laying down rules for the design of permits, certificates and other documents provided for in Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein

-(1) Commission Implementing Regulation (EU) No 792/2012 laying down rules for the design of permits, certificates and other documents provided for in Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein( 9 ) is amended as follows.

(2) In Annex 2-

(a) in form 1 (original)-
(i) in each of box 6A to F after 'species' insert 'and for species listed in Annex B to Regulation (EC) No 338/97 that are exempt from requirements for an import permit under Article 4(2) of that Regulation by means of a waiver under Article 7(5) of that Regulation';
(ii) in box 13, after 'CITES' insert 'or listed in Annex B to Regulation (EC) No 338/97 and exempt from requirements for an import permit under Article 4(2) of that Regulation by means of a waiver under Article 7(5) of that Regulation';
(b) in the notes following form 1 (instructions and explanations)-
(i) in point 9 after 'Annexes' insert 'B,';
(ii) in point 12 before 'C' insert 'B,';
(iii) in point 13, after 'documents' insert 'and, for specimens exempt from an import permit under Article 4(2) of Regulation (EC) No 338/97 by means of a waiver under Article 7(5) of that Regulation, the export permit or re-export certificate';
(c) in form 2 (copy for the importer)-

(i) in each of box 6A to F after 'species' insert 'and for species listed in Annex B to Regulation (EC) No 338/97 that are exempt from the requirement for an import permit under Article 4(2) of that Regulation by means of a waiver under Article 7(5) of that Regulation';
(ii) in box 13, after 'CITES' insert 'or listed in Annex B to Regulation (EC) No 338/97 and exempt from requirements for an import permit under Article 4(2) of that Regulation by means of a waiver under Article 7(5) of that Regulation';
(d) in the notes following form 2 (instructions and explanations)-
(i) in point 9 after 'Annexes' insert 'B,';
(ii) in point 12 before 'C' insert 'B,';
(iii) in point 13 after 'documents' insert 'and, for specimens exempt from an import permit under Article 4(2) of Regulation (EC) No 338/97 by means of a waiver under Article 7(5) of that Regulation, the export permit or re-export certificate.'.

(3) In Annex 3-

(a) in form 1 (travelling-exhibition certificate, original), in box 3-
(i) after 'registration)' insert 'and applicant (name, permanent address and country of registration) where the form is completed by an applicant on an owner's behalf';
(ii) after 'signature of owner' insert 'or of applicant where the form is completed by an applicant on the owner's behalf';
(b) in the notes following form 1 (instructions and explanations)-
(i) in point 3-
(aa) after 'by the certificate' insert 'and also (if the form is completed by an applicant on the owner's behalf) the full name, permanent address and country of the applicant';
(bb) after 'signature of the owner' insert 'or of the applicant if the form is completed by an applicant on the owner's behalf';
(ii) in point 19 omit the words from 'In the case of' to 'first destination.';
(c) in form 2 (travelling-exhibition certificate - copy for the issuing authority), in box 3-
(i) after 'registration)' insert 'and applicant (name, permanent address and country of registration) where the form is completed by an applicant on an owner's behalf';
(ii) after 'signature of owner' insert 'or of applicant where the form is completed by an applicant on the owner's behalf';
(d) in form 3 (travelling-exhibition certificate - application), in box 3-
(i) after 'registration)' insert 'and applicant (name, permanent address and country of registration) where the form is completed by an applicant on an owner's behalf';
(ii) after 'signature of owner' insert 'or of applicant where the form is completed by an applicant on the owner's behalf';
(e) in the notes following forms 2 and 3 (instructions and explanations), in point 3-
(i) for '(not of an agent)' substitute 'and also (if the form is completed by an applicant on the owner's behalf) the full name, permanent address and country of the applicant';
(ii) after 'signature of the owner' insert 'or of the applicant if the form is completed by an applicant on the owner's behalf'.

This section updates the design and evidentiary requirements for official trade documents to reflect the new Annex B import waivers.

It specifically amends the forms for import permits and travelling-exhibition certificates to allow authorized applicants to sign on behalf of owners.

It also adds instructions to the certificates to ensure they properly account for specimens that are exempt from standard import permits.

PART 3 Amendment of subordinate legislation

Amendment of the Control of Trade in Endangered Species Regulations 2018

In the Control of Trade in Endangered Species Regulations 2018( 10 ), in Schedule 2 (civil sanctions) in paragraph 1 (interpretation) for the definition 'relevant regulation', substitute-

''relevant regulation' means-

(a) regulation 6 of these Regulations;
(b) Article 16(1)(a)( 11 ), (c), (g), (j), (k) and (l) of the Principal Regulation;
(c) Article 64(2) of the Subsidiary Regulation;
(d) Article 66(6) and (7) of the Subsidiary Regulation;'.

This section updates the definition of 'relevant regulation' within the framework for civil sanctions.

It specifies exactly which parts of the trade regulations can trigger civil penalties, such as fines, for non-compliance.

This covers violations related to commercial use prohibitions and marking requirements.

PART 4

Revocation of assimilated direct legislation

Revocation of Commission Implementing Regulation (EU) 2019/1587 prohibiting the introduction into Great Britain of specimens of certain species of wild fauna and flora in accordance with Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein

Commission Implementing Regulation (EU) 2019/1587 prohibiting the introduction into Great Britain of specimens of certain species of wild fauna and flora in accordance with Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein( 12 ) is revoked.

This section repeals a specific piece of retained EU law that previously listed prohibitions on the introduction of certain species into Great Britain.

The revocation removes the old list from the books as the Secretary of State now has the authority to establish and publish new restricted lists under the powers granted in Part 2 of these Regulations.

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