(1) "date of acquisition" means the date on which a specimen was taken from the wild, born in captivity or artificially propagated, or, if such date is unknown or cannot be proved, any subsequent and provable date on which it was first possessed by a person; (2) "second-generation offspring (F2)" and "subsequent generation offspring (F3, F4, and so on)" means specimens produced in a controlled environment from parents that were also produced in a controlled environment, as distinct from specimens produced in a controlled environment from parents at least one of which was conceived in or taken from the wild (first-generation offspring (F1)); (3) "breeding stock" means all the animals in a breeding operation that are used for reproduction; (4) "controlled environment" means an environment that is manipulated for the purpose of producing animals of a particular species, that has boundaries designed to prevent animals, eggs or gametes of the species from entering or leaving, and the general characteristics of which may include but are not limited to artificial housing, waste removal, health care, protection from predators and the artificial supply of food; (5) "a person normally residing in the Community" means a person who lives in the Community for at least 185 days in each calendar year because of occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living; (6) "travelling exhibition" means a sample collection, travelling circus, menagerie, or plant exhibition that is used for commercial display for the public; (7) "transaction-specific certificates" means certificates issued in accordance with Article 48 that are valid only for one or more specified transactions; (8) "specimen-specific certificates" means certificates issued in accordance with Article 48, other than transaction-specific certificates; (9) "sample collection" means a collection of legally acquired dead specimens, parts and derivatives thereof, that are transported across borders for presentation purposes; (10) "pre-Convention specimen" means a specimen acquired before the species concerned was first included in the Appendices to the Convention.
Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein
Modified by
- Commission Regulation (EC) No 100/2008of 4 February 2008amending, as regards sample collections and certain formalities relating to the trade in species of wild fauna and flora, Regulation (EC) No 865/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 338/97, 308R0100, February 5, 2008
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(a) white for form 1, the original, with a guilloche pattern background, printed in grey on the front, so as to reveal any falsification by mechanical or chemical means; (b) yellow for form 2, the copy for the holder; (c) pale green for form 3, the copy for the exporting or re-exporting country in the case of an import permit, or the copy for return by customs to the issuing management authority in the case of an export permit or re-export certificate; (d) pink for form 4, the copy for the issuing management authority; (e) white for form 5, the application.
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(a) white for form 1, the original; (b) yellow for form 2, the copy for the importer.
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(a) yellow for form 1, the original, with a guilloche pattern background, printed in grey on the front, so as to reveal any falsification by mechanical or chemical means; (b) pink for form 2, the copy for the issuing management authority; (c) white for form 3, the application.
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(1) the description of specimens must, where it is provided for, include one of the codes contained in Annex VII; (2) for the indication of units of quantity and net mass, those contained in Annex VII must be used; (3) the taxa to which the specimens belong must be indicated to species level except where the species is differentiated to subspecies level in accordance with the Annexes to Regulation (EC) No 338/97 or where the Conference of the Parties to the Convention has decided that differentiation to a higher taxonomic level is sufficient; (4) the standard references for nomenclature contained in Annex VIII to this Regulation must be used to indicate the scientific names of taxa; (5) where required, the purpose of a transaction must be indicated using one of the codes contained in point 1 of Annex IX to this Regulation; (6) the source of specimens must be indicated using one of the codes contained in point 2 of Annex IX to this Regulation.
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(a) the number of the permit or certificate and its date of issue; (b) the signature and the stamp or seal of the management authority which issued the permit or certificate.
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(a) where live specimens referred to therein have died; (b) where live animals referred to therein have escaped or have been released to the wild; (c) where specimens referred to therein have been destroyed; (d) where any of the entries in boxes 3, 6 or 8 no longer reflects the actual situation.
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(a) where live specimens referred to therein have died; (b) where live animals referred to therein have escaped or have been released to the wild; (c) where specimens referred to therein have been destroyed; (d) where any of the entries in boxes 2 and 4 no longer reflects the actual situation; (e) where any special conditions specified in box 20 are no longer fulfilled.
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(a) Member States may decide that a phytosanitary certificate is to be issued instead of an export permit; (b) phytosanitary certificates issued by third countries shall be accepted instead of an export permit.
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(a) each Member State must establish and maintain a register of the persons and bodies that may benefit from simplified procedures, hereinafter "registered persons and bodies", as well as of the species that they may trade under such procedures, and must ensure that the register is reviewed by the management authority every five years; (b) Member States must provide registered persons and bodies with partially completed permits and certificates; (c) Member States must authorise registered persons or bodies to enter specific information on the face of the permit or certificate where the management authority of the relevant Member State has included the following items in box 23, or in an equivalent place, or in an annex to the permit or certificate: -
(i) a list of the boxes that registered persons or bodies are authorised to complete for each shipment; (ii) a place for the signature of the person who completed the document.
If the list referred to in point (c)(i) includes scientific names, the management authority shall include an inventory of approved species on the face of the permit or certificate or in an annex thereto. -
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(a) a competent scientific authority must advise that such export or re-export will have no detrimental impact on the conservation of the species concerned; (b) each Member State must establish and maintain a register of the persons and bodies that may benefit from simplified procedures, hereinafter "registered persons and bodies", as well as of the species that they may trade under such procedures, and must ensure that the register is reviewed by the management authority every five years; (c) Member States must provide registered persons and bodies with partially completed export permits and re-export certificates; (d) Member States must authorise registered persons or bodies to enter specific information in boxes 3, 5, 8 and 9 or 10 of the permit or certificate provided that they comply with the following requirements: -
(i) they sign the completed permit or certificate in box 23; (ii) they immediately send a copy of the permit or certificate to the issuing management authority; (iii) they maintain a record which they produce to the competent management authority on request and which contains details of the specimens sold, including the species name, the type of specimen, the source of the specimen, the dates of sale and the names and addresses of the persons to whom they were sold.
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(1) the original import permit (form 1); (2) the "copy for the holder" (form 2); (3) where specified in the import permit, any documentation from the country of export or re-export.
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(a) they were born and bred in captivity in accordance with Articles 54 and 55, or artificially propagated in accordance with Article 56; (b) they were acquired in, or introduced into, the Community before the provisions relating to species listed in Appendices I, II or III to the Convention, or in Annex C to Regulation (EEC) No 3626/82, or in Annexes A, B and C to Regulation (EC) No 338/97 became applicable to them.
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(1) as an import permit, in accordance with Article 4 of Regulation (EC) No 338/97; (2) as an export permit or re-export certificate, in accordance with Article 5 of Regulation (EC) No 338/97; (3) as a certificate in accordance with Article 8(3) of Regulation (EC) No 338/97 for the sole purpose of allowing the specimens to be displayed to the public for commercial purposes.
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(a) the specimen must be registered by the issuing management authority; (b) the specimen must be returned to the Member State in which it is registered before the date of expiry of the certificate; (c) the specimen must be uniquely and permanently marked, in accordance with Article 66 in the case of live animals, or otherwise identified in such a way that the authorities of each Member State into which the specimen enters can verify that the certificate corresponds to the specimen being imported or exported.
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(a) they were born and bred in captivity in accordance with Articles 54 and 55; (b) they were acquired in, or introduced into, the Community before the provisions relating to species listed in Appendices I, II or III to the Convention, or in Annex C to Regulation (EEC) No 3626/82, or in Annexes A, B and C to Regulation (EC) No 338/97 became applicable to them.
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(1) as an import permit in accordance with Article 4 of Regulation (EC) No 338/97; (2) as an export permit or re-export certificate in accordance with Article 5 of Regulation (EC) No 338/97, where the country of destination so agrees.
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(a) the specimen must be registered by the management authority of the Member State in which the owner has his usual residence; (b) the specimen must be returned to the Member State in which it is registered before the date of expiry of the certificate; (c) the specimen may not be used for commercial purposes except subject to the conditions provided for in Article 43; (d) the specimen must be uniquely and permanently marked in accordance with Article 66.
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(1) as an import permit in accordance with Article 4 of Regulation (EC) No 338/97; (2) as an export permit or re-export certificate in accordance with Article 5 of Regulation (EC) No 338/97, where the country of destination recognises and allows the use of ATA carnets; (3) as a certificate in accordance with Article 8(3) of Regulation (EC) No 338/97 for the sole purpose of allowing the specimens to be displayed to the public for commercial purposes.
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(1) they were taken from the wild in accordance with the legislation of the Member State of origin; (2) they were abandoned or had escaped and were recovered in accordance with the legislation of the Member State where the recovery took place; (3) they were acquired in, or introduced into the Community, in accordance with Regulation (EC) No 338/97; (4) they were acquired in, or introduced into the Community, before 1 June 1997 in accordance with Regulation (EEC) No 3626/82;(5) they were acquired in, or introduced into, the Community before 1 January 1984 in accordance with the Convention;(6) they were acquired in, or introduced into, the territory of a Member State before the Regulations referred to in points (3) or (4) or the Convention became applicable to them, or became applicable in that Member State.
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(a) they were acquired in, or introduced into, the Community before the provisions relating to species listed in Annex A to Regulation (EC) No 338/97, or in Appendix I to the Convention, or in Annex C1 to Regulation (EEC) No 3626/82 became applicable to them; (b) they originate in a Member State and were taken from the wild in accordance with the legislation of that Member State; (c) they are, or are parts of, or are derived from animals born and bred in captivity; (d) they are authorised to be used for one of the purposes referred to in Article 8(3)(c) and (e) to (g) of Regulation (EC) No 338/97.
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(a) it may make the necessary amendments to those documents in accordance with Article 4(2). (b) it may issue one or more corresponding certificates for the purposes referred to in Articles 47 and 48.
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(1) the specimen is, or is derived from, the offspring born or otherwise produced in a controlled environment of either of the following: -
(a) parents that mated or had gametes otherwise transferred in a controlled environment, if reproduction is sexual; (b) parents that were in a controlled environment when development of the offspring began, if reproduction is asexual;
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(2) the breeding stock was established in accordance with the legal provisions applicable to it at the time of acquisition and in a manner not detrimental to the survival of the species concerned in the wild; (3) the breeding stock is maintained without the introduction of specimens from the wild, except for the occasional addition, in accordance with the legal provisions applicable and in a manner not detrimental to the survival of the species concerned in the wild, of animals, eggs or gametes exclusively for one or more of the following purposes: -
(a) to prevent or alleviate deleterious inbreeding, the magnitude of such addition being determined by the need for new genetic material; (b) to dispose of confiscated animals in accordance with Article 16(3) of Regulation (EC) No 338/97; (c) exceptionally, for use as breeding stock;
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(4) the breeding stock has itself produced second or subsequent generation offspring (F2, F3 and so on) in a controlled environment, or is managed in a manner that has been demonstrated to be capable of reliably producing second-generation offspring in a controlled environment.
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(a) the specimen is, or is derived from, plants grown from seeds, cuttings, divisions, callus tissues or other plant tissues, spores or other propagules under controlled conditions; (b) the cultivated parental stock was established in accordance with the legal provisions applicable to it on the date of acquisition and is maintained in a manner not detrimental to the survival of the species in the wild; (c) the cultivated parental stock is managed in such a way that its long-term maintenance is guaranteed; (d) in the case of grafted plants, both the root stock and the graft have been artificially propagated in accordance with points (a), (b) and (c).
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(a) they are contained in the personal luggage of travellers coming from a third country; (b) they are contained in the personal property of a natural person transferring his normal place of residence from a third country to the Community; (c) they are hunting trophies taken by a traveller and imported at a later date.
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(a) the customs-endorsed "copy for the holder" (form 2) of a previously used Community import or export permit; (b) the copy of the (re-)export document referred to in paragraph 3; (c) proof that the specimens were acquired within the Community.
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(a) caviar of sturgeon species ( Acipenseriformes spp.), up to a maximum of 125 grams per person, in containers that are individually marked in accordance with Article 66(6); (b) rainsticks of Cactaceae spp., up to three per person;(c) dead worked specimens of Crocodylia spp., excluding meat and hunting trophies, up to four per person;(d) shells of Strombus gigas , up to three per person;(e) Hippocampus spp. up to four dead specimens per person;(f) shells of Tridacnidae spp. up to three specimens per person not exceeding three kg in total, where a specimen may be one intact shell or two matching halves.
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(a) they are contained in the personal luggage of travellers going to a third country; (b) they are contained in the personal property of a natural person transferring his normal place of residence from the Community to a third country.
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(a) the customs-endorsed "copy for the holder" (form 2) of a previously used Community import or export permit; (b) the copy of the (re-)export document referred to in Article 57(3) of this Regulation; (c) proof that the specimens were acquired within the Community.
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(1) captive breeding or artificial propagation from which conservation benefits will accrue to the species concerned; (2) research or education aimed at the preservation or conservation of the species concerned.
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(1) they are covered by one of the specimen-specific certificates provided for in Article 48 of this Regulation; (2) they are covered by one of the general exemptions provided for in Article 62 of this Regulation.
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(1) specimens of captive born and bred animals of the species listed in Annex X to this Regulation, and hybrids thereof, provided that specimens of annotated species are marked in accordance with Article 66(1) of this Regulation; (2) artificially propagated specimens of plant species; (3) worked specimens that were acquired more than 50 years previously as defined in Article 2(w) of Regulation (EC) No 338/97.
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(a) he maintains a record, which is produced on request to the competent management authority and which contains details of specimens/species sold, the cause of death if known, the persons from whom specimens were acquired and the persons to whom they were sold; (b) he submits an annual report to the competent management authority which contains details of sales during that year, the type and number of specimens, the species concerned and how the specimens were acquired.
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(a) specimens that derive from a captive breeding operation that was approved by the Conference of the Parties to the Convention; (b) specimens that derive from a ranching operation that was approved by the Conference of the Parties to the Convention; (c) specimens from a population of a species listed in Appendix I to the Convention for which an export quota has been approved by the Conference of the Parties to the Convention; (d) raw tusks of African elephant and cut pieces thereof that are both 20 cm or more in length and 1 kg or more in weight; (e) raw, tanned and/or finished crocodilian skins, flanks, tails, throats, feet, backstrips and other parts thereof that are exported to the Community, and entire raw, tanned, or finished crocodilian skins and flanks that are re-exported to the Community; (f) live vertebrates of species listed in Annex A to Regulation (EC) No 338/97 that belong to a travelling exhibition; (g) any container of caviar of Acipenseriformes spp., including tins, jars or boxes into which such caviar is directly packed.
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(a) a part on imports, exports and re-exports of specimens of species listed in the Appendices to the Convention; (b) a part on imports, exports and re-exports of specimens of other species listed in Annexes A, B and C to Regulation (EC) No 338/97 and on the introduction into the Community of specimens of species listed in Annex D thereto.
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(a) persons and bodies registered in accordance with Articles 18 and 19 of this Regulation; (b) scientific institutions registered in accordance with Article 60 of this Regulation; (c) breeders approved in accordance with Article 63 of this Regulation; (d) caviar (re-)packaging plants licensed in accordance with Article 66(7) of this Regulation; (e) their use of phytosanitary certificates in accordance with Article 17 of this Regulation; (f) cases where export permits and re-export certificates were issued retrospectively in accordance with Article 15 of the Regulation.
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(a) their biological and trade status; (b) the uses to which specimens of such species are put; (c) methods of controlling specimens in trade.
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(a) specimens born and bred in captivity in accordance with Articles 54 and 55, or artificially propagated in accordance with Article 56; (b) specimens being imported for the purposes specified in Article 8(3)(e), (f) or (g) of Regulation (EC) No 338/97; (c) specimens, alive or dead, that are part of the household possessions of persons moving into the Community to take up residence there.
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