§ Lord Craigtonasked Her Majesty's Government:
Whether they accept that the restrictions in EC Council Regulation No. 3626/82, Article 10, prohibiting the introduction of endangered species into the Community from third countries without an import permit applies directly to individuals within the United Kingdom; and whether proceedings could be taken against an individual in the United Kingdom for activities contrary to this article which took place outside the United Kingdom.
The Earl of CaithnessEC Council Regulation No. 3626, Article 10, applies directly to individuals within the United Kingdom. The restrictions in that article are enforced in the United Kingdom by means of the Customs and Excise Management Act 1979 and the Control of Trade in Endangered Species (Enforcement) Regulations 1985 (SI 1985 No. 1155). Her Majesty's Government take the view that proceedings are most unlikely to be taken under this legislation against an individual in the United Kingdom for activities contrary to Article 10 which took place wholly outside the United Kingdom. Authoritative interpretation of the law is, however, a matter for the courts not the Government.