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Regulation of trade in wild flora and fauna and CITES Regulations.
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58.—The Principal Act is hereby amended by the insertion of the following after section 53:
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“53A.—(1) The Minister is hereby designated, for the purposes of paragraph 1(a) of Article 13 of Council Regulation (EC) No. 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (in this section referred to as ‘the Council Regulation'), as the management authority with primary responsibility in relation to that Regulation.
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(2) (a) The Minister may, for the purposes of paragraph 1(b) of Article 13 of the Council Regulation, designate in writing from time to time additional management authorities and other competent authorities.
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(b) The Minister shall, for the purposes of paragraph 2 of Article 13 of the Council Regulation, designate in writing from time to time one or more scientific authorities.
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(c) A designation under paragraph (a) or (b) of this subsection may be amended or revoked in writing by the Minister.
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(d) Notice of the making of a designation under this subsection, and every amendment or revocation thereof, shall be published in the Iris Oifigiúil as soon as possible after it has been made, amended or revoked, as the case may be.
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(3) The import, export, or any attempts thereat, of any specimen of a species listed in the annexes to the CITES Regulations without the required valid permits or certificates, or with forged, altered or otherwise fraudulent permits or certificates, shall be prohibited.
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(4) (a) The Minister may make regulations to prohibit the holding or possession of any specimen of a species listed in annexes to the CITES Regulations.
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(b) It shall be an offence to hold or possess any such specimen contrary to any regulations made under paragraph (a) of this subsection.
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(5) (a) Subject to subsection (6), a person who, in contravention of the CITES Regulations—
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(i) imports, introduces from the sea, exports, re-exports, engages in movement, holds or possesses any specimen of a species listed in annexes to the CITES Regulations without the required valid permits or certificates, or with forged, altered or otherwise fraudulent permits or certificates, or
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(ii) purchases, offers to purchase, acquires for commercial purposes, displays to the public for commercial purposes, uses for commercial gain, sells, keeps for sale, offers for sale or transports for sale contrary to Article 8 of the Council Regulation a specimen of a species listed in Annex A to the CITES Regulations, or
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(iii) purchases, offers to purchase, acquires for commercial purposes, displays to the public for commercial purposes, uses for commercial gain, sells, keeps for sale, offers for sale or transports for sale contrary to Article 8 of the Council Regulation a specimen of a species listed in Annex B to the CITES Regulations imported or acquired contrary to the CITES Regulations, or
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(iv) fails to comply with any condition or requirement of a permit or certificate, or
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(v) fails to comply with the requirements of paragraph 1, 4 or 5 of Article 9 of the Council Regulation relating to the holding or transport or movement of live specimens, or
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(vi) makes false or misleading statements or declarations with a view to obtaining a permit or certificate, or of clearing specimens for import or export, or
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(vii) furnishes a document or information which is false with a view to obtaining a permit or certificate, or falsifies or alters any permit or certificate, or uses or furnishes a false or invalid permit or certificate or one altered without authorisation, or
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(viii) fails to make an import notification or makes a false import notification contrary to Article 4 of the Council Regulation, or
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(ix) uses any specimen of a species listed in Annex A to the CITES Regulations otherwise than in accordance with the authorisation given at the time of issue of the import permit or subsequently, or
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(x) trades in artificially propagated plants contrary to the provisions of Article 7 of the Council Regulation, or
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(xi) uses a permit, certificate or import notification for any specimen other than for which it was issued, or
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(xii) fails to disclose rejection of an application for an import, export or re-export permit or certificate in accordance with Article 6 of the Council Regulation, or
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(xiii) engages in transit or transshipment of any specimen of a species listed in annexes to the CITES Regulations without the required valid permit or certificate or document, or without satisfactory proof of the existence of such permit or certificate or document, as appropriate,
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shall be guilty of an offence.
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(b) A person who aids or abets the commission of an offence under subsection (4)(b) or (5)(a) shall be guilty of an offence.
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(6) Nothing in this section shall make unlawful anything which is duly done under, and in accordance with the terms of, any certificate or general derogation granted pursuant to the CITES Regulations.
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(7) Nothing in this section shall prevent the application of the Customs Acts to offences committed under the said Acts in relation to the import, export, or any attempt thereat, of prohibited specimens in contravention of subsection (3) of this section.
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(8) (a) A word or expression that is used in this section and is also used in the CITES Regulations shall, unless the contrary intention appears, have in this section the meaning that it has in the CITES Regulations.
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(b) For the purposes of this section, references to a permit or certificate include references to—
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(i) an import permit of the kind referred to in Article 4 of the Council Regulation,
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(ii) an export permit or a re-export certificate of the kind referred to in Article 5 of the Council Regulation,
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(iii) a certificate of any of the kinds referred to in Article 10 of the Council Regulation, or
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(iv) a label of the kind referred to in paragraph 4 of Article 7 of the Council Regulation.”.
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