Are you on the right side of it?

The following will give you a better understanding regarding the currant law on tortoise sales and keeping as pets.

All tortoise species are listed on CITES { Convention on International Trade in Endangered Species of Wild Fauna and Flora } and are sub-divided in to Annex's. Species listed in Annex B require no sales certificate {referred to as a License } to purchase or to sell. All species listed in Annex A require a sales certificate within the E.U.

There are two types of sales certificates, 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 to small to be micro chipped {under 100 mm plastron length } and therefore cannot be identified as an individual. The certificate is only valid to the person named in box one 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 in box one to the person selling it.

If you are not intending to sell the specimen you may keep the certificate in the sellers 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 micro chipped { 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 in box one.

Beware of other E.U. Transaction Certificates

You can purchase tortoise's in the U.K. with certificates issued by another E.U. member state provided it's a Specimen Specific Article 10 Certificate and the specimen has been micro chipped. 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 box one of 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 to there 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 photo's 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 there name before offering them for sale.

Before buying a tortoise check the certificates which are being used and make sure it is in the sellers name unless it is a Specimen Specific Article 10 Certificate which will show the microchip number in box 4. If you suspect that a tortoise is be sold illegally with incorrect papers or no papers at all you should report them to DEFRA and help discourage the illegal trade in tortoise's.

You can contact DEFRA at;

General Enquiries Tel: 0117 372 8168 - Fax: 0117 372 8206 - E-mail: wildlife.enforce@defra.gsi.gov.uk

Common species offered for sale

The list below show the most common species being offered for sale in the U.K. and other E.U. member states.