Endangered Species regulation
European Council regulation 338/97 introduced controls on the trade in endangered species within the European Union. In the UK, the police have been given statutory powers to enforce these controls by the COTES (Control of Trade in Endangered Species (Enforcement) Regulations 1997), as amended. These regulations apply in addition to the laws under the CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) to which the UK (along with another 148 countries) is a signatory.
Illegal Trade in endangered species
The illegal trade in endangered species is a huge worldwide business making profits for the poachers, traffickers and traders alike. Most of the world’s endangered species that are threatened by trade are killed to be made into products, which are then sold illegally.
Types of endangered species products
Endangered species products come in many different forms, from traditional Chinese medicines, some of which are made from tigers, rhinos, bears and many other less well known, but equally endangered species of animals and plants, to ornamental and decorative items such as animal skins, taxidermy, ivory, tortoiseshell (made from sea turtle shells) and fashion items such as shahtoosh shawls, made from the wool of the endangered Tibetan antelope.
COTES regulations
COTES makes it an offence to sell, keep for sale, offer for sale, transport for sale, use for a commercial purpose, or purchase anything which claims to be made from a species in Annex A of the EC Council Regulation.
How to check if you are buying products from endangered species?
If you suspect that you are buying a product which contains endangered animal products you can check the species using the useful database available on the Species+ website, which provides information in respect of both COTES and CITES.
The COTES regulations give the police the power to take action against the illegal trade in the UK and, therefore, contribute to international efforts to stop the illegal trade.
For further information on this or any other area of law why not contact one of Alexander JLO’s expert team for a free no obligation consultation?
This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 10th June 2020 and is correct at the time of publication. With decades of experience in almost all areas of law, Peter is happy to assist with any legal issue that you have. His profile on the independent Review Solicitor website can be found Here
Does this apply to items made of tortoise shell made before 1973?
Thank you for your interest in our blog, Tom.
The rules apply to all tortoiseshell items post 1947. See our updated blog https://www.london-law.co.uk/tortoiseshell-and-the-law-in-england-and-wales/
Peter Johnson
Senior Partner
My mother bought a hauksbill turtle in west Africa 1972. Can I sell this or give it to a museum ?
Thank you for your interest in our blog Lynda.
A CITES certificate would be required before you could sell the item. It may also be required by a museum if you are to donate it to them. It largely depends upon the museum’s policy.
Peter Johnson
Senior Partner
Very interesting thank you
Thank you Charles.
Best wishes.
Peter Johnson
Senior Partner