Additional guidance notes for Birds of Prey Keepers
You should read these guidance notes together with the general guidance notes for importers and
exporters (GN1), and the general guidance notes for commercial use within the European Union (GN2), where appropriate.
These notes are only for guidance 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 
- Types of controlled specimens
- Importing and exporting Birds of Prey
- Using specimens commercially
- Types of Certificate
- Marking requirements
- Exemptions from marking
- Selling wild disabled birds
- Gifts
- Birds of Prey listed in Annex A and those in Annex legal to import
Types of controlled specimens
The Regulations apply to all birds of prey (and hybrids of them) listed in Annexes A to D of Council Regulation 338/97 as amended by 318-2008. You can get copies of the Regulations from the enquiries desk.
Controls apply to three species of New World vultures (Cathartidae). Two are listed in Annex A and the third, King vulture (Sarcoramphus papa), is listed in Annex C. A self-completed import notification form must be presented to Customs when importing this last species together with the (re-)export permit or certificate of origin from the Management Authority of the exporting country. A CITES permit will also be required to (re-)export it from the EU.
You do not need a certificate issued by us simply to possess a CITES specimen. But those species listed on Annex A of the Regulation require special certificates before they may be used commercially within the EU. These are generally known as Article 10 Certificates and must be issued in advance of any commercial activities. A list of Annex A birds of prey is included with this guidance note. If you wish to use them for commercial purposes then you should read Guidance Note 2 (GN2) as well. All applications require an application form and GN2 gives you details of how to apply.
Importing and exporting birds of prey
All species of birds of prey listed on Annexes A or B of the Regulations must be issued with an import, export or (re-)export permit before they enter or leave the EU. The permits must be issued before any transaction takes place. As with certificates, all applications require a completed application form. If you wish to import birds of prey you should read Guidance Note 1 (GN1). This gives you details of how to apply for permits.
Import permits for Annex A birds intended for commercial purposes will only normally be issued for ‘captive bred’ specimens. For CITES purposes captive breeding involves more than just breeding in a cage, aviary or enclosure and you should ask us if you are not sure if the specimen you intend to import would be considered captive bred.
Imports of wild or first generation captive bred Annex A specimens, which are also considered as wild, must be for scientific, breeding, or educational purposes that will benefit the conservation of the species.
Using specimens commercially
If you want to buy, sell, offer to sell, transport for sale, use or display Annex A birds of prey and their hybrids, alive or dead, for commercial purposes, you need to get a certificate from us or another EU management authority before you use the specimens. If you are breeding birds of prey for sale, you will need a certificate for the parent birds even if you do not plan to sell them. These must be permanently marked. The controls also apply to any type of commercial use, including hiring, filming or photographing specimens for mainly commercial purposes, and falconry for pest control or other commercial purposes such as falconry schools.
These certificates are known as Article 10 certificates and can be issued for the following reasons:
- to allow the sale or exchange of specimens of species listed in Annex A.
- to allow specimens to be advertised for sale
- to allow specimens to be displayed to the public in return for a fee
- to allow specimens to be used for other commercial purposes including falconry for pest control
- to allow specimens to be used for commercial breeding purposes, i.e. where the offspring are intended to be sold.
- to allow the movement of live Annex A specimens from the premises specified in the original import permit.
- where Annex A-C specimens are being exported or re-exported from another EU Member State, to certify that these were lawfully imported or acquired within the community.
Types of Certificate
We can issue two different types of certificate, although the layout is the same. These are specimen specific certificates (previously known as breeders certificates) and transaction certificates (previously known as holders certificates).
- Specimen specific certificates (SSCs)
These are ‘one off’ certificates that will be valid for all commercial uses for the specimen (see GN2 for conditions relating to specimens). They are generally issued to breeders, and provided the description in Box 4 does not change they act as passports for the specimen throughout its life. Unlike a transaction certificate they can be used for all commercial purposes in other EU countries. If you have an Article 10 certificate from another EU member state and are not sure whether it will allow you to use the bird in the UK, contact us and we will be happy to advise you, but we may need to see a copy of the certificate.
Another type of SSC that we may issue to breeders is a ‘semi-complete’ certificate. This type of certificate is only issued to breeders of the birds who agree to abide by certain rules when using them. Part of the certificate is left blank for the breeder to complete in typescript and the pink part is returned to us as soon as it has been used. The advantage to these is that they can be applied for at the beginning of the breeding season and allow birds to be moved on quickly for imprinting.
- Transaction specific certificates (TSCs)
We may decide that it is in the interest of conservation, or where there are welfare implications, or when a specimen is not correctly marked, to restrict a certificate to a specific holder. In these cases, we may issue a transaction specific certificate instead of a specimen specific certificate. These will say what they may be used for, but they usually restrict the type of commercial use, and may only be used by the person named on them from the address stated. Again, more information is given in Guidance Note 2.
Marking
Annex A birds of prey that are being used for commercial purposes must be permanently and uniquely marked.
Currently, birds bred in captivity must be fitted with a close ring, or if this is not possible due to the physical or behavioural characteristics of the specimen concerned, an unalterable microchip that meets ISO Standards 11784:1996 and 11785:1998 (E). Closed rings are continuous metal bands with out any breaks.
Birds taken from the wild (or birds of unknown origin) must also be fitted with an unalterable microchip. If this is not possible due to the physical or behavioural characteristics of the specimen concerned, they may be marked with a ring, band, tag, tattoo or other appropriate method.
Exemptions from marking
You may not have to mark specimens (or mark them at a later date) if you can send us evidence to show that the physical characteristics of the specimen at the time of issue mean that any method of marking would harm the specimen. In these cases we will record this information in box 20 of the certificate, or may include a special condition on it.
Selling wild disabled birds
We will not normally allow you to sell wild disabled birds of prey, although we may make exceptions for research, breeding or educational purposes that we believe will benefit the conservation of the species concerned. We will refer these applications to the UK CITES scientific authority for advice.
When you apply you should also provide the following information:
- Details of when and how you received the bird.
- Details of when and how the bird was disabled, the nature of the injuries and any identifying features, including details of any ring, tag, microchip transponder and so on.
- Confirmation that you received it legally (for example, by providing a copy of a logbook entry made when the bird was first brought in for rehabilitation). The entry should give the name of the person who rescued it, the nature of the injuries, when and where it was found, who brought it in and why it cannot be returned to the wild.
- A letter from a vet, or other suitablyqualified person, confirming that it cannot be returned to the wild, and giving the reason why.
- Details of the breeding, research or educational project that the bird is to be used for. The scientific authority will need to know the aims of the project, what success has been achieved with this or similar species in the past, and how the project is likely to benefit the conservation of the species.
We recognise that keepers play a valuable part in providing a suitable place of rescue for injured birds, so we may grant certificates to allow them to be used or displayed for commercial purposes. We must be satisfied that they will be used for breeding, research or educational purposes that benefit the conservation of the species. We will refer these applications to the scientific authority for advice. More details about wild disabled birds are given in Guidance Note 13.
If we issue you a certificate, it does not mean that you do not have to get a licence under other legislation. For example, some birds of prey listed on CITES are also listed on Schedule 4 of the Wildlife and Countryside Act, and need to be formally registered with us. If you are not sure if your bird needs registering, contact us for advice. It is possible that your bird may require two or more licences.
Gifts
There are currently no controls on keeping Annex A specimens for noncommercial purposes and you do not need a certificate if you plan to give these specimens away. However, if the person receiving the specimen 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 them before they receive the specimen. Anyone who receives a specimen as a gift should ask the person who gave it to them for written details of its origin, and confirmation that it was a gift. We will need this information if the new owner ever applies for a certificate.
Page last modified:22 February 2008
Page published:22 February 2008