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
EU Regulation No 865/2006 · Adopted 4 May 2006 · Extends to United Kingdom
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,
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 floraf2 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 thereinf3 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:
Annotations to the whole text
Textual amendments
Footnotes
- f1
- f2
-
OJ L 384, 31.12.1982, p. 1. Regulation as last amended by Commission Regulation (EC) No 2727/95 (OJ L 284, 28.11.1995, p. 3).
- f3
Contents
- Chapter I: DEFINITIONS
- 1Definitions
- 1aReferences to importation etc.
- 1bElectronic forms
- Chapter II: FORMS AND TECHNICAL REQUIREMENTS
- 2Forms Repealed
- 3Technical specifications with regard to forms Repealed
- 4Completion of forms
- 5Contents of permits, certificates and applications for the issue of such documents
- 5aSpecific content of permits, certificates and applications for plant specimens
- 5bSpecific content of permits and certificates for live rhinoceros and live elephants
- 6Annexes to forms
- 7Permits and certificates issued by third countries
- Chapter III: ISSUE, USE AND VALIDITY OF DOCUMENTS
- 8Issue and use of documents
- 9Shipments of specimens
- 10Validity of import and export permits, re-export certificates, travelling exhibition certificates, personal ownership certificates, sample collection certificates and musical instrument certificates
- 11Validity of used import permits and of the certificates referred to in Articles 47, 48, 49, 60 and 63
- 12Documents cancelled, lost, stolen, destroyed or expired
- 13Time of application for import and (re)-export documents and assignation to a customs procedure
- 14Validity of documents from third countries
- 15Retrospective issue of certain documents
- 16Specimens in transit through Great Britain
- 17Phytosanitary certificates
- 18Simplified procedures with regard to certain trade in biological samples
- 19Simplified procedures with regard to import, export or re-export of ... specimens
- Chapter IV: IMPORT PERMITS
- 20Applications
- 20aRejection of applications for import permits
- 21Import permits issued for specimens of species included in Appendix I to the Convention and listed in Annex A to Regulation (EC) No 338/97
- 22Documents to be surrendered by the importer to the customs office
- 23Handling by the customs office
- Chapter V: IMPORT NOTIFICATIONS
- 24Documents to be surrendered by the importer to the customs office
- 25Handling by the customs office
- Chapter VI: EXPORT PERMITS AND RE-EXPORT CERTIFICATES
- 26Applications
- 26aRejection of applications for export permits
- 27Documents to be surrendered by the (re-)exporter to the customs office
- 28Handling by the customs office
- 29Pre-issued permits for nurseries
- Chapter VII: TRAVELLING EXHIBITION CERTIFICATES
- 30Issue
- 31Use
- 32Issuing authority
- 33Requirement for specimens
- 34Applications
- 35Documents to be surrendered to the customs office by the holder
- 36Replacement
- Chapter VIII: PERSONAL OWNERSHIP CERTIFICATE
- 37Issue
- 38Use
- 39Issuing authority
- 40Requirements for specimens
- 41Applications
- 42Documents to be surrendered by the holder to the customs office
- 43Sales of specimens covered
- 44Replacement
- Chapter VIIIa: SAMPLE COLLECTION CERTIFICATES
- 44aIssue
- 44bUse
- 44cIssuing authority
- 44dRequirements
- 44eApplications
- 44fDocuments to be surrendered by the holder to the customs office
- 44gReplacement
- Chapter VIIIb: MUSICAL INSTRUMENT CERTIFICATE
- 44hIssue
- 44iUse
- 44jIssuing authority
- 44kRequirements for specimens
- 44lApplications
- 44mDocuments to be surrendered by the holder to the customs office
- 44nSales of specimens covered
- 44oReplacement
- 44pIntroduction of musical instruments into Great Britain with certificates issued by third countries
- Chapter IX: CUSTOMS PROCEDURE
- 45Forwarding of documents presented to customs offices Repealed
- Chapter 9A: NON-DESIGNATED CUSTOMS OFFICES
- 45aIntroduction, export or re-export through a non-designated customs office Repealed
- 45bTreatment of references to customs offices
- Chapter X: CERTIFICATES PROVIDED FOR IN ARTICLES ... 5(3), 5(4), 8(3) AND 9(2)(b) OF REGULATION (EC) No 338/97
- 46Issuing authority
- 47Certificates provided for in Article 5 (3) and (4) of Regulation (EC) No 338/97 (certificates required for export or re-export)
- 48Certificate provided for in Article 8(3) of Regulation (EC) No 338/97 (certificate for commercial use)
- 49Certificate provided for in Article 9(2)(b) of Regulation (EC) No 338/97 (certificate for movement of live specimens)
- 50Application 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
- 51Amendments to permits, notifications and certificates
- Chapter XI: LABELS
- 52Use of labels
- Chapter XII: DEROGATIONS FROM CUSTOMS PROCEDURES AS REFERRED TO IN ARTICLE 4(7) OF REGULATION (EC) No 338/97
- 53Customs offices other than the border customs office at the point of introduction
- Chapter XIII: SPECIMENS BORN AND BRED IN CAPTIVITY AND ARTIFICIALLY PROPAGATED SPECIMENS
- 54Specimens born and bred in captivity of animal species
- 55Establishment of ancestry
- 56Artificially propagated specimens of plant species
- Chapter XIV: PERSONAL AND HOUSEHOLD EFFECTS
- 57Introduction and reintroduction into Great Britain of personal and household effects
- 58Export and re-export from Great Britain of personal and household effects
- 58aCommercial use of personal and household effects within Great Britain
- Chapter XV: EXEMPTIONS AND DEROGATIONS
- 59Exemptions from Article 8(1) of Regulation (EC) No 338/97 as provided for in Article 8(3) thereof
- 60Derogation from Article 8(1) of Regulation (EC) No 338/97 for the benefit of scientific institutions
- 61Exemptions from Article 8(1) and (3) of Regulation (EC) No 338/97
- 62General exemptions from Article 8(1) and (3) of Regulation (EC) No 338/97
- 63Pre-issued certificates under Article 8(3) of Regulation (EC) No 338/97
- Chapter XVI: MARKING REQUIREMENTS
- 64Marking of specimens for the purpose of imports and commercial activities within Great Britain
- 65Marking of specimens for the purpose of export and re-export
- 66Marking methods
- 67Humane marking methods
- 68Mutual recognition of marking methods
- Chapter XVII: REPORTS AND INFORMATION
- 69Reports on imports, exports and re-exports
- 70Amendments to the Annexes to Regulation (EC) No 338/97 Repealed
- Chapter XVIII: FINAL PROVISIONS
- 71Rejection of applications for import permits following the establishment of restrictions
- 72Transitional measures
- 73Notification of implementing provisions Repealed
- 74Repeal Repealed
- 75Entry into force Repealed
- Signature
- Annex IAnnex I Repealed
- Instructions and explanations Repealed
- 1Division 1 Repealed
- 2Division 2 Repealed
- 3Division 3 Repealed
- 5Division 5 Repealed
- 6Division 6 Repealed
- 8Division 8 Repealed
- 9/10Division 9/10 Repealed
- 11Division 11 Repealed
- 12Division 12 Repealed
- 13Division 13 Repealed
- 14Division 14 Repealed
- 15 to 17Division 15 to 17 Repealed
- 18 to 20Division 18 to 20 Repealed
- 21Division 21 Repealed
- 23 to 25Division 23 to 25 Repealed
- 26Division 26 Repealed
- 27Division 27 Repealed
- Instructions and explanations Repealed
- 1Division 1 Repealed
- 2Division 2 Repealed
- 3Division 3 Repealed
- 5Division 5 Repealed
- 6Division 6 Repealed
- 8Division 8 Repealed
- 9/10Division 9/10 Repealed
- 11Division 11 Repealed
- 12Division 12 Repealed
- 13Division 13 Repealed
- 14Division 14 Repealed
- 15 to 17Division 15 to 17 Repealed
- 18 to 20Division 18 to 20 Repealed
- 21Division 21 Repealed
- 23 to 25Division 23 to 25 Repealed
- 26Division 26 Repealed
- 27Division 27 Repealed
- Instructions and explanations Repealed
- 1Division 1 Repealed
- 2Division 2 Repealed
- 3Division 3 Repealed
- 5Division 5 Repealed
- 6Division 6 Repealed
- 8Division 8 Repealed
- 9/10Division 9/10 Repealed
- 11Division 11 Repealed
- 12Division 12 Repealed
- 13Division 13 Repealed
- 14Division 14 Repealed
- 15 to 17Division 15 to 17 Repealed
- 18 to 20Division 18 to 20 Repealed
- 21Division 21 Repealed
- 23 to 25Division 23 to 25 Repealed
- 26Division 26 Repealed
- 27Division 27 Repealed
- Instructions and explanations Repealed
- 1Division 1 Repealed
- 2Division 2 Repealed
- 3Division 3 Repealed
- 5Division 5 Repealed
- 6Division 6 Repealed
- 8Division 8 Repealed
- 9/10Division 9/10 Repealed
- 11Division 11 Repealed
- 12Division 12 Repealed
- 13Division 13 Repealed
- 14Division 14 Repealed
- 15 to 17Division 15 to 17 Repealed
- 18 to 20Division 18 to 20 Repealed
- 21Division 21 Repealed
- 23Division 23 Repealed
- Annex IIAnnex II Repealed
- Instructions and explanations Repealed
- 1Division 1 Repealed
- 4Division 4 Repealed
- 5Division 5 Repealed
- 6Division 6 Repealed
- 9Division 9 Repealed
- 10Division 10 Repealed
- 12Division 12 Repealed
- 13Division 13 Repealed
- 14Division 14 Repealed
- Instructions and explanations Repealed
- 1Division 1 Repealed
- 4Division 4 Repealed
- 5Division 5 Repealed
- 6Division 6 Repealed
- 9Division 9 Repealed
- 10Division 10 Repealed
- 12Division 12 Repealed
- 13Division 13 Repealed
- 14Division 14 Repealed
- Annex IIIAnnex III Repealed
- Instructions and explanations Repealed
- 1Division 1 Repealed
- 2Division 2 Repealed
- 3Division 3 Repealed
- 4Division 4 Repealed
- 5Division 5 Repealed
- 6Division 6 Repealed
- 7Division 7 Repealed
- 8Division 8 Repealed
- 9Division 9 Repealed
- 10Division 10 Repealed
- 11Division 11 Repealed
- 12Division 12 Repealed
- 13Division 13 Repealed
- 14Use the codes below to indicate the source. This certificate may not be used for specimens with source code W, R, F or U unless they were acquired in, or were introduced into, the Community before the provisions relating to species listed in Appendices I, II or III to the Convention or Annex C to Regulation (EEC) No. 3626/82 or Annexes A, B and C to Regulation (EC) No. 338/97 became applicable to them and the code O is also used. Repealed
- 15/16Division 15/16 Repealed
- 17Division 17 Repealed
- 18Division 18 Repealed
- 19Division 19 Repealed
- 20Division 20 Repealed
- 21Division 21 Repealed
- Instructions and explanations Repealed
- 3Division 3 Repealed
- 8Division 8 Repealed
- 9Division 9 Repealed
- 10Division 10 Repealed
- 11Division 11 Repealed
- 12Division 12 Repealed
- 13Division 13 Repealed
- 14Use the codes below to indicate the source. This certificate may not be used for specimens with source code W, R, F or U unless they were acquired in, or were introduced into, the Community before the provisions relating to species listed in Appendices I, II or III to the Convention or Annex C to Regulation (EEC) No. 3626/82 or Annexes A, B and C to Regulation (EC) No. 338/97 became applicable to them and the code O is also used. Repealed
- 15/16Division 15/16 Repealed
- 17Division 17 Repealed
- 18Division 18 Repealed
- 19Division 19 Repealed
- Annex IVAnnex IV Repealed
- Annex VAnnex V Repealed
- Instructions and explanations Repealed
- 1Division 1 Repealed
- 2Only to be completed in case the import permit for the specimens concerned prescribes the location at which they are to be kept, or where specimens that were taken from the wild in a Member State shall be required to be kept at an authorised address. Repealed
- 4Division 4 Repealed
- 5/6Division 5/6 Repealed
- 7Division 7 Repealed
- 8Division 8 Repealed
- 9Use one of the following codes to indicate the source: Repealed
- 10 to 12Division 10 to 12 Repealed
- 13 to 15Division 13 to 15 Repealed
- 16Division 16 Repealed
- Instructions and explanations Repealed
- 1Division 1 Repealed
- 2Division 2 Repealed
- 4Division 4 Repealed
- 5/6Division 5/6 Repealed
- 7Division 7 Repealed
- 8Division 8 Repealed
- 9Use one of the following codes to indicate the source: Repealed
- 10 to 12Division 10 to 12 Repealed
- 13 to 15Division 13 to 15 Repealed
- 16Division 16 Repealed
- 18Division 18 Repealed
- Annex VIAnnex VI Repealed
- Annex VIIAnnex VII
- Key to units of measure
- Division
- Annex VIIIAnnex VIII
- Annex IX
- 1Codes for the indication in permits and certificates of the purpose of a transaction, referred to in Article 5(5)
- 2Codes for the indication in permits and certificates of the source of specimens, referred to in Article 5(6)
- Annex XANIMAL SPECIES REFERRED TO IN ARTICLE 62(1)
- Aves
- ANSERIFORMES
- Anatidae
- COLUMBIFORMES
- Columbidae
- GALLIFORMES
- Phasianidae
- PASSERIFORMES
- Fringillidae
- PSITTACIFORMES
- Psittacidae
- Reptilia
- TESTUDINES
- Testudinidae
- Annex XITypes of biological samples referred to in Article 18 and their use
- Annex XIICorrelation Table
- Annex XIIISPECIES AND POPULATIONS REFERRED TO IN ARTICLE 57(3a)