These Regulations insert a new regulation 8A into the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/1372) (“the COTES Regulations”), describing three cases in which a specimen is presumed to be of a species listed in Annex A to Council Regulation (EC) No 338/97 (OJ No L 61, 3.3.97, p. 1) (“the Principal Regulation”). This presumption applies for the purposes of regulation 8 of the COTES Regulations, which provides for certain offences relating to the purchase, sale etc. of specimens, the details of which differ depending on whether the specimen is of a species listed in Annex A or Annex B to the Principal Regulation. The presumption in favour of Annex A relates to cases where different species, subspecies or geographical populations of species are split between Annexes A and B to the Principal Regulation.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.