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Convention on International Trade
in Endangered Species
of Wild Fauna and Flora (CITES)
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.
Contents
1.
Introduction
2. Importing of tortoises
3.
Granting sale certificates
4.
Buying and selling specimens
bred in captivity
5. Marking
6.
Gifts
7.
Tortoises listed on Annex A
8. Enquiries desk and application
forms
1. 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.
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.
3. Granting 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.
4.
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.
5.
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.
6. 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.
7. Tortoises listed on Annex A
|
Common Name |
Scientific name
|
| |
|
|
Galapagos giant tortoise |
Geochelone nigra |
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Radiated tortoise |
Geochelone radiata |
|
Angonoka |
Geochelone yniphora |
|
Bolson tortoise |
Gopherus
flavomarginatus |
|
Berger’s cape tortoise |
Homopus bergeri |
|
Pancake tortoise |
Malacochersus tornieri |
|
Geometric tortoise |
Psammobates
geometricus |
|
Madagascar flat-shelled tortoise |
Pyxis planicauda |
|
Madagascar spider tortoise |
Pyxis arachnoides |
|
Spur-thighed
tortoise |
Testudo graeca |
|
Hermann’s tortoise |
Testudo hermanni |
|
Egyptian tortoise |
Testudo kleinmanni |
|
Marginated tortoise |
Testudo marginata |
|
Negev
tortoise |
Testudo wernei
|
 |
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8. Enquiries desk and
application forms
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 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/
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