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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

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein(1) and in particular Article 19 (1), (2) and (4) thereof,

Whereas:

  1. Provisions are required to implement Regulation (EC) No 338/97 and to ensure full compliance with the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), hereinafter ‘the Convention’.

  2. In order to ensure the uniform implementation of Regulation (EC) No 338/97, it is necessary to lay down detailed conditions and criteria for the consideration of permit and certificate applications and for the issue, validity and use of such documents. It is therefore appropriate to lay down models to which those documents must correspond.

  3. It is further necessary to lay down detailed provisions relating to the conditions and criteria for the treatment of specimens of animal species that are born and bred in captivity and of specimens of plant species that are artificially propagated in order to ensure the common implementation of the derogations applicable to such specimens.

  4. The derogations for specimens that are personal and household effects provided for in Article 7(3) of Regulation (EC) No 338/97 require that provisions be specified to ensure compliance with paragraph 3 of Article VII of the Convention.

  5. In order to ensure that general derogations from the internal trade prohibitions contained in Article 8(1) of Regulation (EC) No 338/97 are uniformly applied, it is necessary to lay down conditions and criteria with regard to their definition.

  6. It is necessary to establish procedures for the marking of certain specimens of species in order to facilitate their identification and ensure enforcement of the provisions of Regulation (EC) No 338/97.

  7. Provisions should be laid down regarding the contents, form and submission of the periodic reports provided for in Regulation (EC) No 338/97.

  8. In order for future amendments to the Annexes to Regulation (EC) No 338/97 to be considered all relevant information should be available, particularly on the biological and trade status of species, their use and methods of controlling trade.

  9. At the 12th session of the Conference of the Parties to the Convention, held in Santiago (Chile) from 3 to 15 November 2002, a number of Resolutions were adopted concerning; inter alia; simplified procedures for the issue of permits and certificates, a special certificate to facilitate the movement of certain categories of specimens that are part of a travelling exhibition, additional derogations regarding personal effects, updated requirements regarding the labelling of containers of caviar, and other measures of a routine and technical nature, including the alteration of the codes used in permits and certificates and amendments to the list of standard references used for determining the names of species listed in the Appendices to the Convention, and it is therefore necessary to take those Resolutions into account.

  10. In view of the administrative burden entailed by the regulation of the export and import of live captive born and bred and personally owned animals and of personally owned animals introduced into the Community before Regulation (EC) No 338/97, Council Regulation (EEC) No 3626/82 of 3 December 1982 on the implementation in the Community of the Convention on international trade in endangered species of wild fauna and flora(2) or national legislation implementing the Convention became applicable, and of the fact that such exports and imports do not pose an obstacle to the protection of species of fauna in the wild, a special certificate should be created for those purposes.

  11. Commission Regulation (EC) No 1808/2001 of 30 August 2001 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(3) therefore needs to be substantially amended. In view of the scope of those amendments and in the interests of clarity, that Regulation should be replaced in its entirety.

  12. The measures provided for in this Regulation are in accordance with the opinion of the Committee on Trade in Wild Fauna and Flora,

HAS ADOPTED THIS REGULATION:

CHAPTER I DEFINITIONS

Article 1 Definitions

For the purposes of this Regulation, in addition to the definitions laid down in Article 2 of Regulation (EC) No 338/97, the following definitions shall apply:

  1. ‘date of acquisition’ means the date on which a specimen was taken from the wild, born in captivity or artificially propagated;

  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 for specified transactions only within the territory of the issuing Member State;

  8. ‘specimen-specific certificates’ means certificates issued in accordance with Article 48, other than transaction-specific certificates.

CHAPTER II FORMS AND TECHNICAL REQUIREMENTS

Article 2 Forms

1.

The forms on which import permits, export permits, re-export certificates, personal ownership certificates and applications for such documents are drawn up shall conform, except as regards spaces reserved for national use, to the model set out in Annex I.

2.

The forms on which import notifications are drawn up shall conform, except as regards spaces reserved for national use, to the model set out in Annex II. They may contain a serial number.

3.

The forms on which travelling exhibition certificates and applications for such documents are drawn up shall conform, except as regards spaces reserved for national use, to the model set out in Annex III.

4.

The forms on which continuation sheets for personal ownership certificates and for travelling exhibition certificates are drawn up shall conform to the model set out in Annex IV.

5.

The forms on which the certificates provided for in Articles 5(2)(b), 5(3), 5(4), 8(3) and 9(2)(b) of Regulation (EC) No 338/97 and applications for such certificates are drawn up shall conform, except as regards spaces reserved for national use, to the model set out in Annex V to this Regulation.

Member States may, however, provide that, instead of the pre-printed text, boxes 18 and 19 are to contain only the relevant certification and/or authorisation.

6.

The form of the labels referred to in Article 7(4) of Regulation (EC) No 338/97 shall conform to the model set out in Annex VI to this Regulation.

Article 3 Technical specifications with regard to forms

Article 4 Completion of forms

Article 5 Contents of permits, certificates and applications for the issue of such documents

Article 6 Annexes to forms

Article 7 Permits and certificates issued by third countries

CHAPTER III ISSUE, USE AND VALIDITY OF DOCUMENTS

Article 8 Issue and use of documents

Article 9 Shipments of specimens

Article 10 Validity of import and export permits, re-export certificates, travelling exhibition certificates, and personal ownership certificates

Article 11 Validity of used import permits and of the certificates referred to in Articles 47, 48, 49, 60 and 63

Article 12 Documents cancelled, lost, stolen, destroyed or expired

Article 13 Time of application for import and (re)-export documents and assignation to a customs procedure

Article 14 Validity of documents from third countries

Article 15 Retrospective issue of certain documents

Article 16 Specimens in transit through the Community

Article 17 Phytosanitary certificates

Article 18 Simplified procedures with regard to certain trade in biological samples

Article 19 Simplified procedures with regard to export or re-export of dead specimens

CHAPTER IV IMPORT PERMITS

Article 20 Applications

Article 21 Import permits issued for specimens of species included in Appendix I to the Convention and listed in Annex A to Regulation (EC) No 338/97

Article 22 Documents to be surrendered by the importer to the customs office

Article 23 Handling by the customs office

CHAPTER V IMPORT NOTIFICATIONS

Article 24 Documents to be surrendered by the importer to the customs office

Article 25 Handling by the customs office

CHAPTER VI EXPORT PERMITS AND RE-EXPORT CERTIFICATES

Article 26 Applications

Article 27 Documents to be surrendered by the (re-)exporter to the customs office

Article 28 Handling by the customs office

Article 29 Pre-issued permits for nurseries

CHAPTER VII TRAVELLING EXHIBITION CERTIFICATES

Article 30 Issue

Article 31 Use

Article 32 Issuing authority

Article 33 Requirement for specimens

Article 34 Applications

Article 35 Documents to be surrendered to the customs office by the holder

Article 36 Replacement

CHAPTER VIII PERSONAL OWNERSHIP CERTIFICATE

Article 37 Issue

Article 38 Use

Article 39 Issuing authority

Article 40 Requirements for specimens

Article 41 Applications

Article 42 Documents to be surrendered by the holder to the customs office

Article 43 Sales of specimens covered

Article 44 Replacement

CHAPTER IX CUSTOMS PROCEDURE

Article 45 Forwarding of documents presented to customs offices

CHAPTER X CERTIFICATES PROVIDED FOR IN ARTICLES 5(2)(b), 5(3), 5(4), 8(3) AND 9(2)(b) OF REGULATION (EC) No 338/97

Article 46 Issuing authority

Article 47 Certificates provided for in Article 5(2)(b), (3) and (4) of Regulation (EC) No 338/97 (certificates required for export or re-export)

Article 48 Certificate provided for in Article 8(3) of Regulation (EC) No 338/97 (certificate for commercial use)

Article 49 Certificate provided for in Article 9(2)(b) of Regulation (EC) No 338/97 (certificate for movement of live specimens)

Article 50 Application for the certificates provided for in Articles 5(2)(b), 5(3), 5(4), 8(3) and 9(2)(b) of Regulation (EC) No 338/97

Article 51 Amendments to permits, notifications and certificates

CHAPTER XI LABELS

Article 52 Use of labels

CHAPTER XII DEROGATIONS FROM CUSTOMS PROCEDURES AS REFERRED TO IN ARTICLE 4(7) OF REGULATION (EC) No 338/97

Article 53 Customs offices other than the border customs office at the point of introduction

CHAPTER XIII SPECIMENS BORN AND BRED IN CAPTIVITY AND ARTIFICIALLY PROPAGATED SPECIMENS

Article 54 Specimens born and bred in captivity of animal species

Article 55 Establishment of ancestry

Article 56 Artificially propagated specimens of plant species

CHAPTER XIV PERSONAL AND HOUSEHOLD EFFECTS

Article 57 Introduction and reintroduction into the Community of personal and household effects

Article 58 Export and re-export from the Community of personal and household effects

CHAPTER XV EXEMPTIONS AND DEROGATIONS

Article 59 Exemptions from Article 8(1) of Regulation (EC) No 338/97 as provided for in Article 8(3) thereof

Article 60 Derogation from Article 8(1) of Regulation (EC) No 338/97 for the benefit of scientific institutions

Article 61 Exemptions from Article 8(1) and (3) of Regulation (EC) No 338/97

Article 62 General exemptions from Article 8(1) and (3) of Regulation (EC) No 338/97

Article 63 Pre-issued certificates under Article 8(3) of Regulation (EC) No 338/97

CHAPTER XVI MARKING REQUIREMENTS

Article 64 Marking of specimens for the purpose of imports and commercial activities within the Community

Article 65 Marking of specimens for the purpose of export and re-export

Article 66 Marking methods

Article 67 Humane marking methods

Article 68 Mutual recognition of marking methods

CHAPTER XVII REPORTS AND INFORMATION

Article 69 Reports on imports, exports and re-exports

Article 70 Amendments to the Annexes to Regulation (EC) No 338/97

CHAPTER XVIII FINAL PROVISIONS

Article 71 Rejection of applications for import permits

Article 72 Transitional measures

Article 73 Notification of implementing provisions

Article 74 Repeal

Article 75 Entry into force

ANNEX I

ANNEX II

ANNEX III

ANNEX IV

ANNEX V

ANNEX VI

ANNEX VII

ANNEX VIIIStandard references for nomenclature to be used pursuant to Article 5(4) to indicate scientific names of species in permits and certificates

ANNEX IX

ANNEX XANIMAL SPECIES REFERRED TO IN ARTICLE 62(1)

ANNEX XITypes of biological samples referred to in Article 18 and their use

ANNEX XIICorrelation Table