Additional guidance notes for tortoise traders
You should use these additional guidance notes together with the general guidance notes for importers and exporters (GN1), the general guidance notes for commercial use (GN2), and the additional guidance notes for breeders (GN5) where appropriate.
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. The word ‘specimen’ used here means any living or dead tortoise (or any parts of it) which is listed in annex A to EC Regulation 338/97.
This page is available as a downloadable document here 
- Introduction
- Importing of tortoises
- Granting sale certificates
- Buying and selling specimens bred in captivity
- Marking
- Gifts
- Tortoises listed on Annex A
Introduction
To use Annex A specimens commercially within the EU you must be issued with a certificate. These are generally known as Article 10 exemption certificates. There are two types, Specimen-specific certificates (SSCs) and Transaction Specific Certificates (TSCs).
You do not need any certificate issued by us simply to possess a CITES specimen. But buying, offering to buy, obtaining for commercial purposes, keeping for sale, offering for sale, transporting for sale and exchange, as well as display and actual sale are all considered commercial activities for which a certificate must have been issued.
Details of these certificates and how to apply for them are given in Guidance Note 2.
Importing of Tortoises
Annex A specimens taken from the wild may not be imported for commercial purposes. Nor can you import specimens taken from the wild of most species of tortoise listed in annex B. These bans do not apply to specimens bred in captivity, or to specimens imported for breeding, research or educational purposes, or for essential biomedical purposes. If you wish to import tortoises you should read Guidance Note 1, but we have been advised that most species of tortoises are :
- endangered or protected in their country of origin; or
- particularly difficult to keep in captivity.
Granting of sales certificates
After consultation with our Scientific advisors, we may grant sales certificates in the following circumstances.
- The specimens must have been bought in, or imported into, the European Union before EC Regulations or CITES restrictions applied to them.
- The specimens must have been imported in line with EC Regulations and must be used for purposes that will not harm the survival of the species.
- Specimens taken from the wild, abandoned, or escaped and recovered, must comply with the legislation of that EU country.
- The specimens (or parts of them) must have been bred in captivity.
- The specimens must be used for breeding, research or educational purposes that are aimed at protecting the species.
You will be expected to provide confirmation of these circumstances with your application.
Buying and Selling specimens bred in captivity
You must not buy or sell any Annex A specimen unless a valid certificate or permit has been issued by management the authority. This could be either an original SSC issued to a breeder, or a TSC that has been issued to you. If you are in any doubt please contact us and we will be happy to help you.
Breeders should keep up-to-date breeding records for each specimen which may be asked for at the time you apply for your certificates. An example of what these records may look like is shown in GN5 Notes for Breeders.
- Selling under a Specimen-specific certificate
When selling the specimen under an SSC, you should give the original copy of the certificate to the person buying the specimen at the time you sell it.
- Buying a specimen covered by a specimen-specific certificate
The person buying the specimen should make sure that they receive the original copy of the certificate along with the specimen. Specimen-specific certificates are only valid for all future sales as long as they travel with the animal. Unlike transaction certificates, they are valid for commercial use, display and keeping for sale, even if the specimen is moved to another EU country.
- Selling under a Transaction certificate
These certificates are valid for one sale only by the person named on it. You do not have to give the original copy of the certificate to the person buying the specimen, but you can offer to do so. They will be asked for the certificate number if they make their own application to us.
- Buying a Specimen covered by a Transaction certificate
If you are buying a specimen covered by a Transaction certificate, you should make sure that you see the certificate and make a note of the number. You will need to quote this number if you apply for another certificate in the future. The person selling the specimen does not have to give you the original copy of the certificate, but it will be helpful if they can.
Marking for tortoises
To qualify for a specimen-specific certificate, live Annex A tortoises must be marked with an unalterable microchip that meets ISO Standards 11784:1996 and 11785:1996 (E). If this is not possible due to the physical or behavioural characteristics of the specimen concerned, they must be marked with a uniquely-numbered band, tag, tattoo or other appropriate method. We will record the identification number and marking method on the certificate issued for that specimen. You must get appropriate advice from your vet to make sure that the marking is carried out by taking account of the humane care, wellbeing and natural behaviour of the specimen.
We recognise that tortoise hatchlings under 100 millimetres long (from one end of the shell to the other) are too small to be safely fitted with a microchip, so we can issue transaction certificates for these specimens. However, these certificates are no longer valid if the tortoise is not microchipped when it reaches 100 millimetres long and a condition in box 20 of the certificate will clearly show this. Once the tortoise has been microchipped, you must return the certificate to us for amendment. If there is evidence (such as a statement from your vet) that the physical characteristics of the specimens mean that any method of marking may harm the specimen, we will record this information in box 20 of the certificate. If marking can be safely carried out at a later date, we may issue a certificate containing a special condition.
Any Annex A tortoise which is being used for commercial gain or being displayed to the public for commercial purposes must be marked. You should remember that the parents of any tortoise being offered for sale will also need to be marked.
Gifts
There are currently no controls on keeping tortoises as pets and you do not need a certificate to give those specimens away. However, if the person you are giving the tortoise to plans to use it for commercial purposes, he or she will need to apply for a certificate for that purpose. We cannot backdate these certificates so they must apply for one before you give the tortoise away.
Anyone who receives a specimen as a gift should ask the person who gave it to them for written details of its origin, as we will need this information if the new owner applies for a certificate.
Tortoises Listed on Annex A
A list of tortoises listed on Annex A is available here and as part of the downloadable version of this page.
Page last modified: 22 February 2008
Page published: 22 February 2008