CITES

Convention on International Trade in Endangered Species
Supporting sustainable trade through customer focused licensing services

Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

Guidance on Charges from 6th April 2009

General Guidance Note on the waiving of fees for applications for CITES licences applicable from 6 April 2009

These notes are for guidance only and are not a full statement of the law.  If you need points of law to be explained, you should get independent legal advice.


This page is available as a downloadable document here PDF

Contents

1) Introduction:

The Secretary of State may waive fees for applications where the activity would bring conservation benefits to the species to which the specimen belongs and where it is not being undertaken in the course of a trade or business carried on for profit.  The waiving of fees is solely at the Secretary of State’s discretion and his decision will be final.
 
2) How do I apply?

Applications for fees to be waived should be submitted to Animal Health’s Wildlife Licensing and Registration Service (WLRS) prior to making applications for a CITES permit or certificate that you wish the waiver to apply to.
 
Applications should be submitted on the application form which can be found at http://www.defra.gov.uk/animalhealth/cites. Unless all necessary supporting evidence is supplied with the application form a waiver is unlikely to be granted. It is therefore in your interest to supply as much information as you can to support your application for a fee waiver, even where not specified by the application form.

Applications for waivers should be submitted prior to a related application for a CITES permit or certificate. Applications for waivers will not be considered once a related application has been received. Conservation activities that were subject to a waiver prior to  6 April 2009 will need to reapply for a waiver when applications for further CITES permits or certificates related to that activity are sought. Waivers will continue to apply for permits or certificates that have already been issued.

Waivers may be applied to multiple applications or series of applications provided that they relate to the same conservation activity and the required criteria are met in relation to each separate application. Once a waiver has been granted for a conservation activity, subsequent applications need only declare that they come within the terms of that waiver, and it will not be necessary to re-apply.

Applications for waivers will normally take 15 working days to deal with, but may take up to 30 days if they are referred to the relevant UK Scientific Authority.

A decision to grant a waiver does not guarantee that a CITES permit or certificate will be issued.

3) Supporting documents

WLRS may submit your application for a waiver to the UK CITES Scientific Authorities (UKSAs) for advice – the Joint Nature Conservation Committee (JNCC) and/or the Royal Botanic Gardens, Kew (RBG Kew). The UKSA may ask us to seek additional evidence from you to demonstrate that it would bring conservation benefits.

4) Activities that may be considered for the waiving of fees

WLRS will be using the decision trees in the Annex to this Guidance Note when they consider whether a fee can be waived.  In general terms the decision to grant a waiver will be considered against four categories of activity:

  • Captive-breeding or artificial propagation programmes. Where the specimen is required for breeding or propagation purposes from which there are conservation benefits for a species in the wild to which the specimen belongs.
  • Re-introduction programmes. Where the specimens are intended to be used in a re-introduction programme from which there are conservation benefits for a species in the wild to which the specimen belongs.
  • Education and training. Where the specimens are intended to be used by government bodies or other non-profit organisations for educational purposes relevant to the conservation of that species.
  • Scientific purposes. Non-commercial use of specimens in research programmes whose results are aimed at improving understanding and conservation of the species in the wild.

Charges will not be applied to the actions of Government Departments or their agencies where those actions are aimed at improving or assisting in the conservation of CITES-listed species.

5) Release of information

Information supplied on applications may be used for the purposes of monitoring compliance and in the investigation of possible offences, including false statements in relation to applications for fee waivers. The information may be passed to HM Revenue and Customs, the Police and the National Wildlife Crime Unit. Information (including personal data) may also be released on request to other enforcement authorities. It is a condition of making an application for a fee waiver that you agree to Animal Health passing on information to these organisations.

6) Enquiries desk

If you have any questions or would like an application form, please contact the enquiries desk (see contact details below) or down-load them from the website.

Animal Health
Wildlife Licensing and Registration Service (WLRS)
Floor 1, Zone 17                                             
Temple Quay House  
2 The Square
Temple Quay
Bristol     
BS1 6EB                  

Phone: 0117 372 8774                       
Fax:     0117 372 8206                                                               
E-mail: wildlife.licensing@animalhealth.gsi.gov.uk
Website: http://www.defra.gov.uk/animalhealth/cites/

7) Annex
Questions that will be considered in relation to each application for a fee waiver

i. Captive-breeding or artificial propagation programmes

Question

Answer

Response

1

Is the activity for which a waiver is sought undertaken in the course of a trade or business carried on for profit?

Yes

Application will be refused

No

Go to Question 2

2

Will the activity bring conservation benefits to the species in the wild to which the specimen belongs?

Yes

Go to Question 3

No

Application will be refused

3

Is the specimen required to meet programme objectives?

Yes

Go to Question 4

No

Refusal likely

4

Will outputs be used to in any way in relation to commercial activities?

Yes

Refusal likely

No

Go to Question 5

5

Has the specimen(s) been legally acquired? *

Yes

Go to Question 6

No

Refusal likely

6

For projects involving overseas biodiversity, does the project have the support of donor and recipient countries?

Yes

Go to Question 7

No

Refusal likely

N/A

Go to Question 7

7

Is the specimen to be used in a recognised breeding programme?

Yes

Waiver will be considered

No

Go to Question 8

8

Is project supported by UK Government?

Yes

Waiver will be considered

No

Refusal possible

* Specimens which have been seized or confiscated by a regulatory authority and subsequently reallocated are considered to have been legally acquired for these purposes


ii. Re-introduction programmes

Question

Answer

Response

1

Is the activity for which a waiver is sought undertaken in the course of a trade or business carried on for profit?

Yes

Application will be refused

No

Go to Question 2

2

Will the activity bring conservation benefits to the species in the wild to which the specimen belongs?

Yes

Go to Question 3

No

Application will be refused

3

Are specimens intended to be introduced outside their known native range?

Yes

Refusal likely

No

Go to Question 4

4

Is the specimen required to meet programme objectives?

Yes

Go to Question 5

No

Refusal likely

5

Will outputs be used to in any way in relation to commercial activities?

Yes

Refusal likely

No

Go to Question 6

6

Has the specimen(s) been legally acquired? *

Yes

Go to Question 7

No

Refusal likely

7

For projects involving overseas biodiversity, does the project have the support of donor and recipient countries?

Yes

Go to Question 8

No

Refusal likely

N/A

Go to Question 8

8

Is the specimen to be used in a registered / recognised re-introduction programme?

Yes

Waiver will be considered

No

Go to Question 9

9

Does project fully address IUCN guidelines on re-introductions?

Yes

Waiver will be considered

No

Go to Question 10

10

Is the project seeking to trans-locate or re-introduce species permanently?

Yes

Go to Question 11

No

Refusal likely

11

Is project support by the UK Government?

Yes

Waiver will be considered

No

Refusal possible

* Specimens which have been seized or confiscated by a regulatory authority and subsequently reallocated are considered to have been legally acquired for these purposes


iii. Education and training

Question

Answer

Response

1

Is the activity for which a waiver is sought undertaken in the course of a trade or business carried on for profit?

Yes

Application will be refused

No

Go to Question 2

2

Will the activity bring conservation benefits to the species to which the specimen belongs?

Yes

Go to Question 3

No

Application will be refused

3

Is the specimen required to meet educational or training objectives?

Yes

Go to Question 4

No

Refusal likely

4

Will outputs be used to in any way in relation to commercial activities?

Yes

Refusal likely

No

Go to Question 5

5

Has the specimen(s) been legally acquired? *

Yes

Go to Question 6

No

Refusal likely

6

For projects involving overseas biodiversity, does the project have the support of donor and recipient countries?

Yes

Go to Question 7

No

Refusal likely

N/A

Go to Question 7

7

Is the specimen to be used as part of a recognised academic qualification?

Yes

Waiver will be considered

No

Go to Question 9

8

Is the specimen to be used as part of a recognised training programme?

Yes

Waiver will be considered

No

Go to Question 9

9

Is project support by the UK Government?

Yes

Waiver will be considered

No

Refusal possible

* Specimens which have been seized or confiscated by a regulatory authority and subsequently reallocated are considered to have been legally acquired for these purposes


iv. Scientific purposes

Question

Answer

Response

1

Is the activity for which a waiver is sought undertaken in the course of a trade or business carried on for profit?

Yes

Application will be refused

No

Go to Question 2

2

Will the activity bring conservation benefits to the species in the wild to which the specimen belongs?

Yes

Go to Question 3

No

Application will be refused

3

Is your organisation a recognised / registered academic or scientific institution?

Yes

Go to Question 4

No

Refusal likely

4

Is the specimen required to meet identified research needs?

Yes

Go to Question 5

No

Refusal likely

5

Will outputs be used to in any way in relation to commercial activities?

Yes

Refusal likely

No

Go to Question 6

6

Has the specimen(s) been legally acquired? *

Yes

Go to Question 7

No

Refusal likely

7

For projects involving overseas biodiversity, does the project have the support of donor and recipient countries?

Yes

Waiver will be considered

No

Refusal likely

N/A

Go to Question 8

8

Is project support by the UK Government?

Yes

Waiver will be considered

No

Refusal possible

* Specimens which have been seized or confiscated by a regulatory authority and subsequently reallocated are considered to have been legally acquired for these purposes.


 

Page last modified:08 January 2008
Page published:31 January 2008

Site navigation

Valid HTML 4.01 Transitional

Animal Health is an Executive Agency of the Department for Environment, Food and Rural Affairs and also works on behalf of the Scottish Executive, Welsh Assembly Government and the Food Standards Agency