World Trade Organization

Import Licensing Procedures

Endangered species CITES

Document symbol
G/LIC/N/3/GBR/3
Original language
English
Published on
07/12/2023

Outline of Systems

Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.

This section provides an overview of legislation regulating imports of specimens of certain endangered species of animals and plants, whether dead or alive and including their parts or derivatives. The system implements the licensing obligations of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Documentation is required for the import into and (re-)export from United Kingdom (UK) of endangered species listed in Appendices I, II and III of CITES and of certain non-CITES species which are covered by relevant legislation.

Purposes and Coverage of Licensing

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

Based on CITES, a licensing system is in place for specified endangered species of animals and plants, which comprises a double-checking system involving export and import controls by both the country of export and by the UK as the country of import. Under CITES "trade" refers to all cross-border movements including non-commercial movements. The licensing system applies to all cross-border movements of specimens of the listed species (whether dead or alive and including their parts and derivatives) and covers not only commercial trade but also, for example, imports or (re )exports for personal use.

The species of plants and animals that are subjected to licensing are listed in Annexes A to D of Council Regulation (EC) No 338/97 as it applies in Great Britain (retained EU law), and Annexes A to D of Council Regulation (EC) No 338/97, which applies in Northern Ireland. The Wildlife Trade Regulations (WTR) described in section 5 below detail different licensing requirements for the species listed in each Annex.

Species listed in Annex A: In general, specimens of the species listed in this Annex cannot be imported for primarily commercial purposes. There are limited exceptions.

Species listed in Annex B, i.e. most species concerned by the WTR: transactions with commercial purposes involving specimens of these species listed in this Annex are possible under a number of strict conditions. Exemptions from this permit requirement can be granted on a case-by-case basis.

Species listed in Annexes C and D need also to meet a number of documentary requirements.

Prohibitions can also be put in place on the importation of certain specimens or species, either globally or originating from specific countries. The restrictions may be found in Commission Implementing Regulation (EU) No 2019/1587 as it applies in Great Britain as retained EU law and as it applies in Northern Ireland directly (see section 5 for information on the legislation).

Q3. The system applies to goods originating in and coming from which countries?

In the case of Great Britain (England, Scotland and Wales), the licensing requirement applies to all traders and individuals importing listed specimens from all countries and territories outside of Great Britain. In the case of Northern Ireland, the import licensing requirement applies to all traders and individuals importing listed specimens from all countries and territories outside of the European Union. Documentation is required for movements between Great Britain and Northern Ireland.

Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?

The purpose of this licensing is not to restrict the quantity or value of imports. Rather, the aim is to protect certain species of animals and plants from over-exploitation through trade, in accordance with CITES and pursuant to relevant domestic policies on the conservation of endangered animal and plant species. As a Party to CITES, the UK is obliged to implement the Convention through a licensing system comprising of import and export controls.

Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?

The licensing requirements are specified in various regulations (legislation) collectively referred to as the Wildlife Trade Regulations. The relevant regulations include retained EU law which applies in Great Britain (GB), EU law which applies to Northern Ireland (NI), and UK domestic regulations which apply to both GB and NI.

Retained EU Law UK(GB).

The following regulations, as amended by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (SI 2020/1395), the Trade in Endangered Species of Wild Fauna and Flora (Council Regulation (EC) No. 338/97) (Amendment) Regulations 2021 (SI 2021/ 054), the Trade in Endangered Species of Wild Fauna and Flora (Commission Regulation (EC) No. 865/2006) (Amendment) Regulations 2020 (SI 2020/1668), the Trade in Endangered Species of Wild Fauna and Flora (Council Regulation (EC) No. 338/97) (Amendment) (No. 2) Regulations 2021 (SI 2021/645), and the Trade in Endangered Species of Wild Fauna and Flora (Council Regulation (EC) No. 338/97) (Amendment) Regulations 2023 (SI 2023/106), apply in relation to Great Britain:

  • Council Regulation (EC) No. 338/97 on the protection of species of wild fauna and flora by regulating trade therein;
  • Commission Regulation (EC) No. 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No. 338/97;
  • Commission Implementing Regulation (EU) No. 792/2012 of 23 August 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 the trade therein and amending Regulation (EC) No. 865/2006; and
  • Commission Implementing Regulation (EU) No. 2019/1587 prohibiting the introduction into the Union of specimens of certain wild fauna and flora.

The EU Wildlife Trade Regulations (EUWTR) will continue to apply to the UK in respect of Northern Ireland.

EUWTR (UK(NI)):

  • Council Regulation (EC) No. 338/97 on the protection of species of wild fauna and flora by regulating trade therein (as last amended by Commission Regulation (EU) 2023/966);
  • Commission Regulation (EC) No. 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No. 338/97 (as last amended by Commission Regulation (EU) No 2021/2280);
  • 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 the trade therein and amending Regulation (EC) No. 865/2006 (as last amended by Commission Implementing Regulation (EU) No. 2021/2281); and
  • Commission Implementing Regulation (EU) No. 2019/1587 prohibiting the introduction into the Union of specimens of certain wild fauna and flora.

UK domestic regulations:

  • The Control of Trade in Endangered Species Regulations 2018 (SI 2018/703); and
  • The Control of Trade in Endangered Species (Fees) Regulations 2009 (SI 2009/496).

The legislation specifies the species of plants and animals that are subject to licensing. To reflect amendments to CITES Appendices, these legislative lists of species are updated from time to time by amending legislation. That is done through a legislative process by the UK Government, under scrutiny of the UK Parliament, or in the case of EU legislation through relevant EU institutional legislative processes. Listing of species is therefore not left to administrative discretion. It is not possible to abolish the system without legislative approval.

Procedures

Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):

N/A

Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?

N/A

Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?

N/A

Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)

N/A

Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?

N/A

Q6.V. What are the minimum and maximum lengths of time for processing applications?

N/A

Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

N/A

Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

N/A

Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?

N/A

Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?

N/A

Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?

N/A

Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

N/A

Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:

Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?

Permits should be applied for in good time to allow for their issue prior to import. The issuance of a permit is not automatic, and no movement should begin prior to obtaining a license.

Q7.b. Can a licence be granted immediately on request?

No, as above.

Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.

No.

Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

Permits and certificates are issued by the UK CITES Management Authority, the Animal and Plant Health Agency (APHA), on advice from the relevant Scientific Authority. The UK CITES management authority may in some cases need to consult the relevant CITES authorities in the country from which a species is being exported, and only in very limited circumstances the CITES Secretariat may need to be consulted.

Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?

Applications for a license can only be refused where there is a failure in meeting the conditions set out by the Wildlife Trade Regulations. The UK CITES Management Authority will inform applicants of the reasons for any refusal to issue a licence. There is no right of appeal, but if further information or evidence can be provided the licensing authority may review the case or the applicant can make a new application.

Eligibility of Importers to Apply for Licence

Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?

Anyone can apply for a licence. There are no eligibility requirements and there is no system of registration of persons or firms permitted to engage in importation nor list of authorised importers.

Documentational and Other Requirements for Application for Licence

Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?

The standard model forms that are used for all permits, certificates, notifications and applications for these documents, as well as labels for scientific specimens, are contained in Implementing Regulation (EU) No. 792/2012 as it applies in Great Britain as retained EU law and as it applies in Northern Ireland directly (see section 5 above).

Q11. What documents are required upon actual importation?

Different permits or certificates are required for trade into the UK:
• an import permit for import of specimens of Annex A or B listed species;
• an import notification for import of Annex C or D listed species, which is to be completed by the importer.

Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?

Applicants must pay a fee to obtain the relevant permits or certificates. This fee covers the cost of processing the application. The amount depends on the type of permit and the specimen applied for. Subject to meeting certain criteria, fees can be waived for imports of endangered species for conservation purposes (see UK domestic regulations listed in section 5).

Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.

The processing fee referenced in paragraph 12.

Conditions of Licensing

Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?

The maximum validity of an import permit is 12 months. An import permit is only valid when supported with a valid corresponding document from the country of export or (re-)export (the maximum validity of those documents is six months).

Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?

There is no penalty for non-utilisation.

Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

Licenses are not transferable.

Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?

Conditions can be attached to a license. For example, there are standard special conditions on import permits to ensure that live specimens are transported in line with CITES measures and Regulations published by the International Air Transport Association.

Other Procedural Requirements

Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

There are no other administrative/procedural requirements prior to importation.

Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?

No foreign exchange control.