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

Extent: E+W+S+N.I.

1. A certificate for the purposes of Article 8(3) of Regulation (EC) No 338/97 shall state that specimens of species listed in Annex A thereto are exempted from one or more of the prohibitions laid down in Article 8(1) of that Regulation for any of the following reasons:
(a) they were—
(i) acquired in, or introduced into, a member State before the provisions relating to species listed in Annex A to Regulation 338/97 (pre-exit), or in Appendix I to the Convention, or in Annex C1 to Regulation (EEC) No 3626/82 became applicable to them; and
(ii) acquired in, or introduced into, the United Kingdom before IP completion day;
(aa) they were acquired in, or were introduced into, the United Kingdom before the provisions relating to species listed in Annex A to Regulation 338/97 (pre-exit), 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 Great Britain and were taken from the wild in accordance with the legislation of the United Kingdom (as that legislation applies in Great Britain);
(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.
2. The ... management authority ... may deem an import , export or re-export permit acceptable as a certificate for the purposes of Article 8(3) of Regulation (EC) No 338/97 upon presentation of, the ‘copy for the holder’ (form 2), if that form states that, as provided for in Article 8(3) thereof, the specimens are exempted from one or more of the prohibitions laid down in Article 8(1) of that Regulation.

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Source: https://www.legislation.gov.uk/eur/2006/865/article/48 (the official version)
Page: https://openlegislation.uk/eu-regulation-2006-865/article-48
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

