Tortoise Law

Some tortoises are considered to be endangered and are therefore subject to CITES (Convention In Trade In Endangered Species) documentation called an Article 10 some people refer to this as a license. All tortoise species are listed on CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) and are sub-divided into Annexes.
All species listed in Annex A require a sales certificate within the E.U. – Species listed in Annex B do not.

Hermann A Certificate required
Spur-thighed A Certificate required
Marginated A Certificate required
Horsfield B Certificate not required
Leopard B Certificate not required
Sulcata B Certificate not required
Indian star B Certificate not required
Red footed
B Certificate not required

There are two types of sales certificate, one is called a ‘Transaction Article 10 Certificate’ and the other is called a ‘Specimen Specific Article 10 Certificate’.
Transaction Article 10 Certificates are issued to specimens which are too small to be microchipped (under 100 mm plastron length) and therefore cannot be identified as an individual. The certificate is only valid to the person named and no other person has the legal right to use this certificate. Each time the specimen changes hands the certificate must be sent back to DEFRA to be re-issued to the person selling it! It is illegal to sell Annex A species with a Transaction Article 10 Certificate which has a different name and address to the person selling it. If you are not intending to sell the specimen you may keep the certificate in the seller’s name but will have to change it at a later date if you decide to sell it .
Specimen Specific Article 10 Certificates are only issued to specimens that have been microchipped (over 100 mm plastron length) and therefore can be identified as an individual. These certificates can be passed on to new owners without changing the name and address.
Beware of other E.U. Transaction Certificates
You can purchase tortoises in the U.K. with certificates issued by another E.U. member state, provided it is a Specimen Specific Article 10 Certificate and the specimen has been microchipped. However, it is illegal to buy or sell a tortoise with a Transaction Certificate issued by another E.U. member state from an individual other than the person named in the certificate. Many illegal traders in the U.K. are selling tortoises with German Transaction certificates which is illegal. The trader must apply to DEFRA to have these certificates re-issued in their own name before offering them for sale .
In Germany they have been issuing certificates with a photo of the tortoise on it claiming it is a form of identification and issuing a Specimen Specific Article 10 Certificate. It has now been agreed at the last EC CITES Committee meeting that photos will not be considered as a valid form of ID, therefore these certificates are transaction certificates and the seller must by law have them changed to their name before offering them for sale.

ALL TORTOISES SUPPLIED BY APPLETON EXOTICS HAVE THE CORRECT CERTIFICATES.

Useful Links:

http://www.defra.gov.uk/wildlife-countryside/resprog/findings/tortoise/

http://www.ukcites.gov.uk/default.asp

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