{
  "url": "https://openlegislation.uk/eu-regulation-2006-865/article-58",
  "json_url": "https://openlegislation.uk/eu-regulation-2006-865/article-58.json",
  "legislation": "eur/2006/865",
  "legislation_title": "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",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2006-865",
  "path": "article/58",
  "kind": "article",
  "number": "58",
  "heading": "Export and re-export from Great Britain of personal and household effects",
  "text": "1. The derogation from Article 5 of Regulation (EC) No 338/97 for personal or household effects, provided for in Article 7(3) of that Regulation, shall not apply to specimens used for commercial gain, sold, displayed for commercial purposes, kept for sale, offered for sale or transported for sale or specimens subject to any additional measures, conditions or restrictions set out in guidance published under Article 10(2) of Regulation (EC) No 338/97.\nThat derogation shall apply to specimens only if they meet one of the following conditions:\n(a) they are contained in the personal luggage of travellers going to a third country;\n(b) they are contained in the personal property of a natural person transferring his normal place of residence from Great Britain to a third country.\n2. In the case of export, the derogation from Article 5 of Regulation (EC) No 338/97 for personal or household effects, provided for in Article 7(3) of that Regulation, shall not apply to specimens of species listed in Annexes A or B to that Regulation.\n3. The re-export, by a person normally residing in Great Britain, of personal or household effects, including personal hunting trophies, that are specimens of species listed in Annexes A or B to Regulation (EC) No 338/97 shall not require the presentation to customs of a re-export certificate, provided that one of the following is presented:\n(a) the customs-endorsed ‘copy for the holder’ (form 2) of a previously used import or export permit issued in Great Britain;\n(b) the copy of the (re-)export document referred to in Article 57(3) of this Regulation;\n(c) proof that the specimens were acquired within Great Britain.\nThe provisions in the previous subparagraph do not apply to re-export of rhino horn or elephant ivory contained in personal or household effects; for these specimens the presentation to customs of a re-export certificate shall be required.\n3a. The re-export by a person not normally residing in Great Britain of personal or household effects acquired outside his/her country of usual residence, including personal hunting trophies, that are specimens of species listed in Annex A to Regulation (EC) No 338/97, shall be subject to the presentation to customs of a re-export certificate. The same requirement applies to the re-export as personal or household effects of rhino horn or elephant ivory from specimens from populations listed in Annex B to Regulation (EC) No 338/97.\n4. By way of derogation from paragraphs 2 and 3, the export or re-export of the items listed in points (a) to (g) of Article 57(5) shall not require the presentation of a (re-)export document.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Art. 58(1) inserted (23.6.2026) by The Control of Trade in Endangered Species (Amendment and Revocation) Regulations 2026 (S.I. 2026/627), regs. 1(2), 3(13)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Art. 58(1)(b) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(58)(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Art. 58(3) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(58)(b)(i)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Art. 58(3)(a) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(58)(b)(ii)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Art. 58(3)(c) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(58)(b)(i)(iii)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Inserted by Commission Regulation (EU) 2015/870 of 5 June 2015 amending, as regards the trade in species of wild fauna and flora, Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97."
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Substituted by Commission Regulation (EU) 2015/870 of 5 June 2015 amending, as regards the trade in species of wild fauna and flora, Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97."
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Word in Art. 58(3a) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(58)(c)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in Art. 58(3a) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(58)(c)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in Art. 58 heading substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(58)(a)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2006/865/article/58",
    "retrieved_at": "2026-11-01T14:53:41.823546+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}