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Commission Implementing Regulation (EU) No 792/2012 of 23 August 2012 laying down rules for the design of permits, certificates and other documents provided for in Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein and amending Commission Regulation (EC) No 865/2006

EU Regulation No 792/2012 · Adopted 23 August 2012 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Commission Implementing Regulation (EU) No 792/2012

of 23 August 2012

laying down rules for the design of permits, certificates and other documents provided for in Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein and amending Commission Regulation (EC) No 865/2006

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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 thereinf1, and in particular Article 19(1) 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 and 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 thereinf2, it is necessary to lay down models to which permits, certificates and other documents foreseen in those Regulations must correspond.

(3)

At the 15th session of the Conference of the Parties to the Convention, held in Doha (Qatar) from 13 to 25 March 2010, a number of Resolutions were modified concerning, inter alia, the harmonisation in permits and certificates and amendments of source codes. It is therefore necessary to take those Resolutions into account and amend the models accordingly. Changes are also required in order to render those documents clearer for their users and national administrations.

(4)

Uniform conditions for the use of those forms therefore need to be defined through models, instructions and explanations, to be used in conjunction with Regulation (EC) No 865/2006.

(5)

Those uniform conditions should be adopted in accordance with the examination procedure provided for in Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powersf3. It is therefore necessary that they are included in an Implementing Regulation that is distinct from Regulation (EC) No 865/2006.

(6)

Regulation (EC) No 865/2006 should therefore be amended accordingly.

(7)

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

Footnotes

f1

OJ L 61, 3.3.1997, p. 1.

f2

OJ L 166, 19.6.2006, p. 1.

f3

OJ L 55, 28.2.2011, p. 13.

Contents

  1. 1General provision
  2. 2Forms
  3. 3Technical specifications with regard to forms
  4. 4Article 4
  5. Article Repealed
  6. Signature
  7. Annex IAnnex I
  8. Instructions and explanations
  9. 1Division 1
  10. 2Division 2
  11. 3Division 3
  12. 5Division 5
  13. 6Division 6
  14. 8Division 8
  15. 9/10Division 9/10
  16. 11Division 11
  17. 12Division 12
  18. 13Use one of the following codes to indicate the source:
  19. 14Use one of the following codes to indicate the purpose for which the specimens are to be (re-)exported/imported:
  20. 15 to 17Division 15 to 17
  21. 18 to 20Division 18 to 20
  22. 21Division 21
  23. 23 to 25Division 23 to 25
  24. 26Division 26
  25. 27Division 27
  26. Instructions and explanations
  27. 1Division 1
  28. 2Division 2
  29. 3Division 3
  30. 5Division 5
  31. 6Division 6
  32. 8Division 8
  33. 9/10Division 9/10
  34. 11Division 11
  35. 12Division 12
  36. 13Use one of the following codes to indicate the source:
  37. 14Use one of the following codes to indicate the purpose for which the specimens are to be (re-)exported/imported:
  38. 15 to 17Division 15 to 17
  39. 18 to 20Division 18 to 20
  40. 21Division 21
  41. 23 to 25Division 23 to 25
  42. 26Division 26
  43. 27Division 27
  44. Instructions and explanations
  45. 1Division 1
  46. 2Division 2
  47. 3Division 3
  48. 5Division 5
  49. 6Division 6
  50. 8Division 8
  51. 9/10Division 9/10
  52. 11Division 11
  53. 12Division 12
  54. 13Use one of the following codes to indicate the source:
  55. 14Use one of the following codes to indicate the purpose for which the specimens are to be (re-)exported/imported:
  56. 15 to 17Division 15 to 17
  57. 18 to 20Division 18 to 20
  58. 21Division 21
  59. 23 to 25Division 23 to 25
  60. 26Division 26
  61. 27Division 27
  62. Instructions and explanations
  63. 1Division 1
  64. 2Division 2
  65. 3Division 3
  66. 5Division 5
  67. 6Division 6
  68. 8Division 8
  69. 9/10Division 9/10
  70. 11Division 11
  71. 12Division 12
  72. 13Use one of the following codes to indicate the source:
  73. 14Use one of the following codes to indicate the purpose for which the specimens are to be (re-)exported/imported:
  74. 15 to 17Division 15 to 17
  75. 18 to 20Division 18 to 20
  76. 21Division 21
  77. 23Division 23
  78. Annex IIAnnex II
  79. Instructions and explanations
  80. 1Division 1
  81. 4Division 4
  82. 5Division 5
  83. 6Division 6
  84. 9Division 9
  85. 10Division 10
  86. 12Division 12
  87. 13Division 13
  88. 14Division 14
  89. Instructions and explanations
  90. 1Division 1
  91. 4Division 4
  92. 5Division 5
  93. 6Division 6
  94. 9Division 9
  95. 10Division 10
  96. 12Division 12
  97. 13Division 13
  98. 14Division 14
  99. Annex IIIAnnex III
  100. Instructions and explanations
  101. 1Division 1
  102. 2Division 2
  103. 3Division 3
  104. 4Division 4
  105. 5Division 5
  106. 6Division 6
  107. 7Division 7
  108. 8Division 8
  109. 9Division 9
  110. 10Division 10
  111. 11Division 11
  112. 12Division 12
  113. 13Division 13
  114. 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, a Member State 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 (pre-exit) became applicable to them , were acquired in, or were introduced into, the United Kingdom before IP completion day and the code O is also used.
  115. 15/16Division 15/16
  116. 17Division 17
  117. 18Division 18
  118. 19Division 19
  119. 20Division 20
  120. 21Division 21
  121. Instructions and explanations
  122. 3Division 3
  123. 8Division 8
  124. 9Division 9
  125. 10Division 10
  126. 11Division 11
  127. 12Division 12
  128. 13Division 13
  129. 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, Great Britain 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.
  130. 15/16Division 15/16
  131. 17Division 17
  132. 18Division 18
  133. 19Division 19
  134. Annex IVAnnex IV
  135. Annex VAnnex V
  136. Instructions and explanations
  137. 1Division 1
  138. 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 Great Britain shall be required to be kept at an authorised address.
  139. 4Division 4
  140. 5/6Division 5/6
  141. 7Division 7
  142. 8Division 8
  143. 9Use one of the following codes to indicate the source:
  144. 10 to 12Division 10 to 12
  145. 13 to 15Division 13 to 15
  146. 16Division 16
  147. Instructions and explanations
  148. 1Division 1
  149. 2Division 2
  150. 4Division 4
  151. 5/6Division 5/6
  152. 7Division 7
  153. 8Division 8
  154. 9Use one of the following codes to indicate the source:
  155. 10 to 12Division 10 to 12
  156. 13 to 15Division 13 to 15
  157. 16Division 16
  158. 18Division 18
  159. Annex VIAnnex VI