236 tal-2004 - Regolamenti tal-2004 dwar il-Kummerċ fi Speċi ta’ Fawna u Flora

L.N. 236 of 2004

ENVIRONMENT PROTECTION ACT

(CAP. 435)

Trade in Species of Fauna and Flora Regulations, 2004

BY virtue of the powers conferred by articles 6,9, 10 (2) and 11

of the Environment Protection Act, 2001, the Minister for Rural

Affairs and the Environment has made the following regulations>-

The title of these regulations is the Trade in Species of Citation.

Fauna and Flora Regulations, 2004.

(1)

In these regulations, unless the context otherwise Interpretation.

requires>-

“the Act” means the Environment Protection Act<

“the Community” means the Community established by

the Treaty establishing the European Community<

“import” means introduce into the Community<

“Principal Regulation” means Council Regulation (EC) No.

338#97 (1) on the protection of species of wild fauna and flora

by regulating trade therein<

“Subsidiary Regulation” means Commission Regulation

(EC) N0. 1808#2001 (2) on the implementation of Council

Regulation (EC) No. 338#97 on the protection of wild species

of fauna and flora by regulating trade therein<

“Convention” means the Convention on International Trade

in Endangered Species of Wild Fauna and Flora (Washington

1973)<

“specimen” shall bear the definition used in the Principal

Regulation and shall also include any species, whether alive or

dead, any part or derivative thereof, as well as any goods which

appear from an accompanying document, the packaging, mark

OJ No. L 61, 3.3.1997, p.1

OJ No. L250, 19.9.2001, p.1

or label or from other circumstances to be or to contain parts or

derivatives of animals or plants of those species the import,

export, re-export whereof or the possession thereof is prohibited,

restricted or controlled in accordance with the provisions of

regulation 6.

(2) For the purposes of these regulations, references to a

permit or certificate are references to any of the following-

(a) an import permit of the kind referred to in Article 4

of the Principal Regulation<

(b) an export permit or re-export certificate of the kind

referred to in Article 5 of the Principal Regulation<

(c) a certificate of any of the kinds referred in Article 10

of the Principal Regulation<

(d) a certificate of the kind referred to in Article 18 of

the Subsidiary Regulation<

(e) a label of the kind referred to in Article 7 (4) of the

Principal Regulation<

(f) in so far as, in accordance with Article 43 of the

Subsidiary Regulation, reliance may be placed on a permit or

certificate issued under Council Regulation (EEC) No.

3626#82 (3) and Commission Regulation (EEC) No. 3418#83 (4) .

(3) Unless the context otherwise requires, expressions

used in these regulations and which are also used in the Principal or

Subsidiary Regulations, shall have the meaning they bear in those

Regulations.

(1) The Malta Environment and Planning Authority is

designated as the Management Authority for the purpose of Article

IX of the Convention and Article 13 (1) of the Principal Regulation.

(2) The Management Authority shall have those rights

listed in Article 25 of the Act as well as the power to seize any

specimen found in Malta.

OJ No. L 384, 31.12.82, p.1

OJ No. L344, 7.12.83, p.1

(1) The Minister responsible for the Environment shall Scientific

Authority.

appoint a Scientific Authority for the purposes of Article IX of the

Convention and Article 13 (2) of the Principal Regulation.

(2) The Scientific Authority shall also advise the Minister

on the implementation of article 9 of the Act in relation to the

protection of biodiversity.

Any person seeking to import, export, re-export any Import, export, re-

export of any

specimen, even if it is not listed in the Annexes to the Principal specimen.

Regulation, shall apply in writing to the Management Authority on

forms made available for the purpose by that Authority.

(1) The Scientific Authority and the Management Species

Authority shall advise the Minister responsible for the Environment endangering

biological identity,

to prohibit the import, export or re-export in or possession of any ecosystems or

other species.

species of fauna and flora if in their opinion, or in the opinion of

any of them, such import, export, re-export or possession would

endanger the biological identity or any ecosystem or any species of

fauna and flora of Malta.

(2) It is the responsibility of the person, who is seeking Responsibility

the individual.

to import or is in possession of any live specimen, to obtain the

necessary information from the Management Authority, in order to

establish whether such specimen is of any species referred to in

paragraph (1).

(3) The import of any species which is protected at the Species protected

in other countries.

country of origin, even if it not listed in the Annexes to the Principal

Regulation, and even if that country of origin is not a party to the

Convention, shall require an export authorization from that country.

Any person who has in his possession any specimen the Documentary

import of which is subject to these regulations shall retain in his evidence.

possession and for such time as that specimen remains in his

possession, all permits, certificates and licences relative to the import

of that specimen.

Offences.

(1)

Any person who shall>

(a) import into or export or re-export from the

Community specimens without the appropriate permit or

certificate or with a false, falsified or invalid permit or certificate

or one altered without authorization by the issuing authority<

or

(b) fail to comply with the stipulations specified on a

permit or certificate used in accordance with the Principal

Regulation< or

(c) make false declarations or knowingly provide false

information in order to obtain a permit or certificate< or

(d) use a false, falsified or invalid permit or certificate

or one altered without authorization as a basis for obtaining a

Community permit or certificate or for any other official purpose

in connection with the Principal Regulation< or

(e) make no import notification or a false import

notification< or

(f) ship live specimens not properly prepared so as to

minimize the risk of injury, damage to health or cruel treatment<

or

(g) use specimens of species listed in Annex A of the

Principal Regulation other than in accordance with the

authorization given at the time of issuance of the import permit

or subsequently< or

(h) trade in artificially propagated plants contrary to the

provisions laid down in accordance with Article 7(1)(b) of the

Principal Regulation< or

(i) ship specimens into or out of or in transit through the

territory of the Community without the appropriate permit or

certificate issued in accordance with the Principal Regulation

and, in the case of export or re-export from a third country party

to the Convention, not in accordance therewith or without

satisfactory proof of the existence of such permit or certificate<

or

(j) purchase, offer to purchase, acquire for commercial

purposes, use for commercial gain, display to the public for

commercial purposes, sale, keep for sale, offer for sale or

transport for sale of specimens in contravention of Article 8 of

the Principal Regulation< or

(k) make use of a permit or certificate for any specimen

other than one for which it was issued< or

(l) falsify or alter any permit or certificate issued in

accordance with the Principal Regulation< or

(m) fail to disclose rejection of an application for a

Community, import, export or re-export permit or certificate in

accordance with Article 6 (3) of the Principal Regulation< or

(n) fail to apply in writing to the Management Authority

in accordance with regulation 5 of these regulations< or

(o) import, export, re-export in or possess any specimen

of any species in contravention of regulation 6 of these

regulations< or

(p) fail to retain in his possession any permits, certificates

and licences in accordance with regulation 7 of these

regulations,

shall be guilty of an offence against these regulations.

(2) Any person who commits an offence against these Penalties.

regulations shall, on conviction be liable to a fine (multa) of not

less than two hundred Malta liri Lm200 but not exceeding two

thousand Malta liri Lm2000 or to imprisonment for a period of not

less than one month but not exceeding two years, or to both such

fine (multa) or imprisonment.

(3) The provisions of article 28A of the Criminal Code Applicability of

and the provisions of the Probation of Offenders Act, shall not be the Criminal Code.

applicable in respect of any offence against the provisions of these

regulations.

(4) The provisions of article 23 and of subarticle (1) of

Article 30 of the Criminal Code shall, mutatis mutandis, apply to

proceedings in respect of offences against these regulations, so

however that the disqualification from holding or obtaining a warrant,

licence, permit or authority shall in no case be less than one year.

(5) Notwithstanding the provisions of article 370 of the

Criminal Code, the Court of Magistrates (Malta) and the Court of

Magistrates (Gozo), as the case may be, shall be competent to try all

offences against these regulations, and proceedings shall be taken

before the said courts and shall be in accordance with the provisions

of the said Code regulating the procedure before such courts as Courts

of Criminal Judicature.

(6) Notwithstanding the provision of the Criminal Code,

the Attorney General shall always have a right of appeal to the Court

of Criminal Appeal from any judgement given by the Courts of

Magistrates (Malta) or the Court of Magistrates (Gozo), in respect

of proceedings arising out of the provisions of these regulations.

(7) The court may give such orders it deems appropriate,

concerning the keeping, re-export or suppression of any specimen,

including interim measures during the pendency of any proceedings,

in conformity with the provisions of the Convention and the Principal

Regulation, and it may also order that the expenses of such keeping,

re-export or suppression be borne by the person found guilty of an

offence under these regulations.

Nothing in these regulations shall be deemed to affect the

provisions of article 24 of the Act.

The Trade in Species of Fauna and Flora Regulations, 1992

are hereby being repealed.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press