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
In the case of the introduction into the Union, export or re-export of a specimen covered by a musical instrument certificate issued in accordance with Article 44j, the holder of the certificate shall, for verification purposes, surrender the original of that certificate and the original and a copy of the continuation sheet to a customs office designated in accordance with Article 12(1) of Regulation (EC) No 338/97.
The customs office shall, after completing the continuation sheet, return the original documents to the holder, endorse the copy of the continuation sheet and forward the endorsed copy to the relevant management authority in accordance with Article 45.
Article 44n
Sales of specimens covered
Where the holder of a musical instrument certificate issued in accordance with Article 44j of this Regulation wishes to sell the specimen, he shall first surrender the certificate to the issuing management authority and, where the specimen belongs to a species listed in Annex A to Regulation (EC) No 338/97, shall apply to the competent authority for a certificate in accordance with Article 8(3) of that Regulation.
Article 44o
Replacement
A musical instrument certificate that has been lost, stolen or destroyed may be replaced only by the authority which issued it.
The replacement shall bear the same number, if possible, and the same date of validity as the original document, and shall include, in box 23, one of the following statements:
‘This certificate is a true copy of the original.’, or ‘This certificate cancels and replaces the original bearing the number xxxx issued on xx/xx/xxxx.’
Article 44p
Introduction of musical instruments into the Union with certificates issued by third countries
The introduction into the Union of a musical instrument shall not require the presentation of an export document or an import permit provided that it is covered by a musical instrument certificate issued by a third country under similar conditions to those set out in Articles 44h and 44j. Re-export of that musical instrument shall not require the presentation of a re-export certificate.
CHAPTER IX CUSTOMS PROCEDURE
Article 45
Forwarding of documents presented to customs offices
Customs offices shall without delay forward to the relevant management authority of their Member State all documents which have been presented to them in accordance with Regulation (EC) No 338/97 and this Regulation.
Management authorities receiving such documents shall without delay forward those issued by other Member States to the relevant management authorities, together with any supporting documents issued in accordance with the Convention. For reporting purposes, original import notifications shall also be forwarded to the management authorities of the country of import, when it is different from the country where the specimen was introduced into the Union.
By way of derogation from paragraph 1, customs offices may confirm the presentation of documents issued by the management authority of their Member State in electronic form.
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
Certificates provided for in Articles 5(2)(b), 5(3), 5(4), 8(3) and 9(2)(b) of Regulation (EC) No 338/97 may be issued by the management authority of the Member State in which the specimens are located, on receiving an application in accordance with Article 50 of this Regulation.
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)
The certificates provided for in Article 5(2)(b), (3) and (4) of Regulation (EC) No 338/97 shall indicate which of the following statements apply in the case of the specimens covered:
- (1) they were taken from the wild in accordance with the legislation of the Member State of origin;
- (2) they were abandoned or had escaped and were recovered in accordance with the legislation of the Member State where the recovery took place;
- (3) they were acquired in, or introduced into the Community, in accordance with Regulation (EC) No 338/97;
- (4) they were acquired in, or introduced into the Community, before 1 June 1997 in accordance with Regulation (EEC) No 3626/82;
- (5) they were acquired in, or introduced into, the Community before 1 January 1984 in accordance with the Convention;
- (6) they were acquired in, or introduced into, the territory of a Member State before the Regulations referred to in points (3) or (4) or the Convention became applicable to them, or became applicable in that Member State.
Article 48
Certificate provided for in Article 8(3) of Regulation (EC) No 338/97 (certificate for commercial use)
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 acquired in, or introduced into, the Community before the provisions relating to species listed in Annex A to Regulation (EC) No 338/97, 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 a Member State and were taken from the wild in accordance with the legislation of that Member State;
- (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;
- (e) they are worked specimens containing elephant ivory that were acquired more than 50 years previously as defined in Article 2(w) of Regulation (EC) No 338/97.
The competent management authority of a Member State may deem an import 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.
Article 49
Certificate provided for in Article 9(2)(b) of Regulation (EC) No 338/97 (certificate for movement of live specimens)
A certificate for the purposes of Article 9(2)(b) of Regulation (EC) No 338/97 shall state that the movement of live specimens of a species listed in Annex A thereto, from the prescribed location indicated in the import permit, or in a previously issued certificate, is authorised.
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
The applicant 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 shall, where appropriate, complete boxes 1, 2 and 4 to 19 of the application form and boxes 1 and 4 to 18 of the original and all copies.
Member States may, however, provide that only an application form is to be completed, in which case such an application may be for more than one certificate.
The duly completed form shall be submitted to a management authority of the Member State in which the specimens are located, together with the necessary information and the documentary evidence that that authority deems necessary so as to enable it to determine whether a certificate should be issued.
The omission of information from the application must be justified.
Where an application is made for a certificate relating to specimens for which such an application has previously been rejected, the applicant shall inform the management authority of that fact.
Article 51
Amendments to permits, notifications and certificates
Where a shipment, covered by a ‘copy for the holder’ (form 2) of an import permit, or a ‘copy for the importer’ (form 2) of an import notification, or a certificate, is split or where, for other reasons, the entries in those documents no longer reflect the actual situation, the management authority may take either of the following actions:
- (a) it may make the necessary amendments to those documents in accordance with Article 4(2).
- (b) it may issue one or more corresponding certificates for the purposes referred to in Articles 47 and 48.
For the purposes of point (b), the management authority must first establish the validity of the document to be replaced, where necessary in consultation with the management authority of another Member State.
Where certificates are issued to replace a ‘copy for the holder’ (form 2) of an import permit, or a ‘copy for the importer’ (form 2) of an import notification, or a previously issued certificate, that document shall be retained by the management authority issuing the certificate.
A permit, notification or certificate that has been lost, stolen or destroyed may be replaced only by the authority which issued it.
Where, for the purposes of paragraph 1, a management authority consults a management authority of another Member State, the latter shall respond within a period of one week.
CHAPTER XI LABELS
Article 52
Use of labels
The labels referred to in Article 2(6) of Implementing Regulation (EU) No 792/2012 shall be used only for the movement between duly registered scientists and scientific institutions of non-commercial loans, donations and exchanges of herbarium, diagnostic and forensic research specimens (as described in Annex XI to this Regulation), preserved, dried or embedded museum specimens and live plant material for scientific study.
A registration number shall be attributed to the scientists and scientific institutions referred to in paragraph 1 by the management authority of the Member State in which they are located.
That registration number shall contain five digits, the first two of which shall be the two-letter ISO country code for the Member State concerned and the last three a unique number assigned to each institution by the competent management authority.
The scientists and scientific institutions concerned shall complete boxes 1 to 5 of the label and, by the return of the part of the label provided for that purpose, immediately inform the management authority with which they are registered of all details about the use of every label.
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
Where a shipment to be introduced into the Community arrives at a border customs office by sea, air or rail for dispatch by the same mode of transport, and without intermediate storage, to another customs office in the Community designated in accordance with Article 12(1) of Regulation (EC) No 338/97, the completion of checks and the presentation of import documents shall take place at the latter.
Where a shipment has been checked at a customs office designated in accordance with Article 12(1) of Regulation (EC) No 338/97 and is dispatched to another customs office for any subsequent customs procedure, the latter shall require presentation of the ‘copy for the holder’ (form 2) of an import permit, completed in accordance with Article 23 of this Regulation, or the ‘copy for the importer’ (form 2) of an import notification, completed in accordance with Article 24 of this Regulation, and may carry out any checks it deems necessary in order to establish compliance with Regulation (EC) No 338/97 and this Regulation.
CHAPTER XIII SPECIMENS BORN AND BRED IN CAPTIVITY, ARTIFICIALLY PROPAGATED SPECIMENS AND THE REGISTRATION OF OPERATIONS THAT BREED SPECIMENS OF ANIMAL SPECIES LISTED IN APPENDIX I TO THE CONVENTION IN CAPTIVITY FOR COMMERCIAL PURPOSES
Article 54
Specimens born and bred in captivity of animal species
Without prejudice to Article 55, a specimen of an animal species shall be considered to be born and bred in captivity only if a competent management authority, in consultation with a competent scientific authority of the Member State concerned, is satisfied that the following criteria are met:
- (1) the specimen is, or is derived from, the offspring born or otherwise produced in a controlled environment of either of the following:
- (a) parents that mated or had gametes otherwise transferred in a controlled environment, if reproduction is sexual;
- (b) parents that were in a controlled environment when development of the offspring began, if reproduction is asexual;
- (2) the breeding stock was established in accordance with the legal provisions applicable to it at the time of acquisition and in a manner not detrimental to the survival of the species concerned in the wild;
- (3) the breeding stock is maintained without the introduction of specimens from the wild, except for the occasional addition, in accordance with the legal provisions applicable and in a manner not detrimental to the survival of the species concerned in the wild, of animals, eggs or gametes exclusively for one or more of the following purposes:
- (a) to prevent or alleviate deleterious inbreeding, the magnitude of such addition being determined by the need for new genetic material;
- (b) to dispose of confiscated animals in accordance with Article 16(3) of Regulation (EC) No 338/97;
- (c) exceptionally, for use as breeding stock;
- (4) the breeding stock has itself produced second or subsequent generation offspring (F2, F3 and so on) in a controlled environment, or is managed in a manner that has been demonstrated to be capable of reliably producing second-generation offspring in a controlled environment.
Article 54a
Registration of operations that breed specimens of animal species listed in Appendix I to the Convention in captivity for commercial purposes
To register an operation with the Secretariat of the Convention as an operation that breeds specimens of animal species listed in Appendix I to the Convention in captivity for commercial purposes, the natural or legal person in charge of the operation (the operator) shall submit an application for registration to the management authority of the Member State in which the operation is located. The application shall include the information set out in Annex XIV and demonstrate that the operation meets all of the following requirements:
- (a) the breeding stock is established in accordance with the provisions of the Convention and of the relevant legislation of the Member State where the operation is located, in a manner not detrimental to the survival of the species in the wild;
- (b) the specimens produced by the operation qualify as ‘born and bred in captivity’ under this chapter;
- (c) the operator ensures that an appropriate and secure marking system is used to clearly identify all breeding stock and specimens in trade in accordance with Article 66;
- (d) the operation makes a continuing meaningful contribution based on the conservation needs of the species concerned.
The management authority may submit to the Secretariat of the Convention the application for registration, when, in consultation with the scientific authority, it is satisfied that all the information set out in Annex XIV has been provided and that the requirements for registration set out in paragraph 1 are fulfilled, and that there are no other factors relating to the conservation of the species that militate against registration.
The registration shall take effect when the operation is included in the register of operations that breed specimens of animal species listed in Appendix I to the Convention in captivity for commercial purposes, maintained by the Secretariat of the Convention (the Register).
If the nature of the operation or the types of products being produced for export change, the operator shall notify the management authority to allow for the update of the information in the Register.
The management authority, in consultation with the scientific authority, may ask the Secretariat of the Convention to remove an operation in its jurisdiction from the Register upon request by the operator or if it becomes aware that one or more requirements for the registration referred to in paragraph 1 are no longer fulfilled. From the date of the request of the management authority, no export permits or re-export certificates for the specimens of the animal species listed in Appendix I to the Convention shall be granted for that operation.
The registration shall cease to be valid when the operation is removed from the Register by the Secretariat of the Convention.
Article 55
Establishment of ancestry
Where, for the purposes of Articles 54, 62(1) or 63(1), a competent authority considers it necessary to establish the ancestry of an animal through the analysis of blood or other tissue, such analysis or the necessary samples shall be made available in a manner established by that authority.
Article 56
Artificially propagated specimens of plant species
A specimen of a plant species shall be considered to be artificially propagated only if a competent management authority, in consultation with a competent scientific authority of the Member State concerned, is satisfied that the following criteria are met:
- (a) the specimen is, or is derived from, plants grown from seeds, cuttings, divisions, callus tissues or other plant tissues, spores or other propagules under controlled conditions;
- (b) the cultivated parental stock is established and maintained in accordance with the definition set out in Article 1(4a);
- (d) in the case of grafted plants, both the root stock and the graft have been artificially propagated in accordance with points (a) and (b).
For the purposes of point (a), controlled conditions refers to a non-natural environment that is intensively manipulated by human intervention, which may include but is not limited to tillage, fertilisation, weed control, irrigation, or nursery operations such as potting, bedding and protecting from weather. For agarwood producing taxa, which are grown from seeds, cuttings, grafting, marcoting-air-layering, divisions, callus tissues or other plant tissues, spores or other propagules ‘under controlled conditions’ refers to a tree plantation, including other non-natural environment that is manipulated by human intervention for the purpose of producing plants or plant's parts and derivatives.
Timber and other parts or derivatives of trees taken from trees grown in monospecific plantations shall be considered to be artificially propagated in accordance with paragraph 1.
Trees of agarwood producing taxa grown in cultivation such as:
- a) gardens (home and/or community garden);
- b) state, private or community production plantation, either monospecific or mixed species,
shall be considered to be artificially propagated in accordance with paragraph 1.
CHAPTER XIV PERSONAL AND HOUSEHOLD EFFECTS
Article 57
Introduction and reintroduction into the Community of personal and household effects
The derogation from Article 4 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.
That derogation shall only apply to specimens, including hunting trophies, if they meet one of the following conditions:
- (a) they are contained in the personal luggage of travellers coming from a third country;
- (b) they are contained in the personal property of a natural person transferring his normal place of residence from a third country to the Community;
- (c) they are hunting trophies taken by a traveller and imported at a later date.
The derogation from Article 4 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 Annex A thereto where they are introduced into the Community for the first time by a person normally residing in, or taking up residence in, the Community.
The first introduction into the Community of personal or household effects, including hunting trophies, by a person normally residing in the Community and involving specimens of species listed in Annex B to Regulation (EC) No 338/97 shall not require the presentation to customs of an import permit, provided that the original of a (re-)export document and a copy thereof are presented.
Customs shall forward the original in accordance with Article 45 of this Regulation and return the stamped copy to the holder.
3a. By way of derogation from paragraph 3, the first introduction into the Union of hunting trophies of specimens of species or populations listed in Annex B to Regulation (EC) No 338/97 and in Annex XIII to this Regulation shall be subject to Article 4 of Regulation (EC) No 338/97.
The reintroduction into the Community, by a person normally residing in the Community, of personal or household effects, including hunting trophies, that are specimens of species listed in Annex A or B to Regulation (EC) No 338/97 shall not require the presentation to customs of an import permit, provided that one of the following is presented:
- (a) the customs-endorsed ‘copy for the holder’ (form 2) of a previously used Community import or export permit;
- (b) the copy of the (re-)export document referred to in paragraph 3;
- (c) proof that the specimens were acquired within the Community.
By way of derogation from paragraphs 3 and 4, the introduction or re-introduction into the Community of the following items listed in Annex B to Regulation (EC) No 338/97 shall not require the presentation of a (re-)export document or an import permit:
- (a) caviar of sturgeon species (Acipenseriformes spp.), up to a maximum of 125 grams per person, in containers that are individually marked in accordance with Article 66(6);
- (b) rainsticks of Cactaceae spp., up to three per person;
- (c) dead worked specimens of Crocodylia spp., excluding meat and hunting trophies, up to four per person;
- (d) shells of Strombus gigas, up to three per person;
- (e) Hippocampus spp. up to four dead specimens per person;
- (f) shells of Tridacnidae spp. up to three specimens per person not exceeding three kg in total, where a specimen may be one intact shell or two matching halves;
- (g) specimens of agarwood (Aquilaria spp. and Gyrinops spp.) — up to 1 kg woodchips, 24 ml oil, and two sets of beads or prayer beads (or two necklaces or bracelets) per person.
Article 58
Export and re-export from the Community of personal and household effects
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.
That derogation shall apply to specimens only if they meet one of the following conditions:
- (a) they are contained in the personal luggage of travellers going to a third country;
- (b) they are contained in the personal property of a natural person transferring his normal place of residence from the Community to a third country.
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.
The re-export, by a person normally residing in the Community, 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:
- (a) the customs-endorsed ‘copy for the holder’ (form 2) of a previously used Community import or export permit;
- (b) the copy of the (re-)export document referred to in Article 57(3) of this Regulation;
- (c) proof that the specimens were acquired within the Community.
The 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.
3a. The re-export by a person not normally residing in the Union of personal or household effects acquired outside his/her State 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.
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.
Article 58a
Commercial use of personal and household effects within the Union
Commercial activities for specimens of species listed in Annex B to Regulation (EC) No 338/97 which are introduced into the Union in accordance with Article 7(3) of Regulation (EC) No 338/97 may be authorised by a management authority of a Member State only under the following conditions:
- (a) the applicant needs to demonstrate that the specimen has been introduced into the Union at least two years before it can be used for commercial purpose; and
- (b) the management authority of the Member State concerned has verified that the specimen in question could have been imported for commercial purposes in accordance with Article 4(2) of Regulation (EC) No 338/97 at the time when it was introduced into the Union.
Once those conditions are fulfilled, the management authority shall deliver a written statement attesting that the specimen can be used for commercial purposes.
Commercial activities shall be prohibited for specimens of species listed in Annex A to Regulation (EC) No 338/97 which were introduced into the Union in accordance with Article 7(3) of Regulation (EC) No 338/97, or for specimens of species listed in Appendix I to the Convention or in Annex C1 to Regulation (EEC) No 3626/82 and introduced into the Union as 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
The exemption for specimens referred to in Article 8(3)(a), (b) and (c) of Regulation (EC) No 338/97 shall be granted only if the applicant has satisfied the competent management authority that the conditions referred to therein and in Article 48 of this Regulation are met.
1a. The exemption for specimens referred to in Article 8(3) of Regulation (EC) No 338/97 shall be granted only if the applicant has satisfied the competent management authority that the specimens concerned have been acquired in accordance with the legislation in force for the conservation of wild fauna and flora.
The exemption for specimens referred to in Article 8(3)(d) of Regulation (EC) No 338/97 shall be granted only if the applicant has satisfied the competent management authority, the latter having consulted a competent scientific authority, that the conditions referred to in Article 48 of this Regulation are met and that the specimens concerned were born and bred in captivity or artificially propagated in accordance with Articles 54, 55 and 56 of this Regulation.
The exemption for specimens referred to in Article 8(3)(e), (f) and (g) of Regulation (EC) No 338/97 shall be granted only if the applicant has satisfied the competent management authority, the latter having consulted with a competent scientific authority, that the conditions referred to therein and in Article 48 of this Regulation are met.
The exemption for specimens referred to in Article 8(3)(h) of Regulation (EC) No 338/97 shall be granted only if the applicant has satisfied the competent management authority that the specimens concerned were taken from the wild in a Member State in compliance with its legislation.
An exemption provided for in Article 8(3) of Regulation (EC) No 338/97 shall be granted with regard to live vertebrates only if the applicant has satisfied the competent management authority that the relevant provisions of Article 66 of this Regulation have been met.
Article 60
Derogation from Article 8(1) of Regulation (EC) No 338/97 for the benefit of scientific institutions
Without prejudice to Article 9 of Regulation (EC) No 338/97 a derogation from the prohibition laid down in Article 8(1) thereof may be granted to scientific institutions, approved by a management authority in consultation with a scientific authority, by the issue of a certificate covering all specimens in their collection of species listed in Annex A to that Regulation, that are intended for either of the following:
- (1) captive breeding or artificial propagation from which conservation benefits will accrue to the species concerned;
- (2) research or education aimed at the preservation or conservation of the species concerned.
Any sale of specimens covered by such a certificate may be made only to other scientific institutions holding such a certificate.
Article 61
Exemptions from Article 8(1) and (3) of Regulation (EC) No 338/97
Without prejudice to Article 9 of Regulation (EC) No 338/97, neither the prohibition laid down in Article 8(1) thereof of the purchase, offer of purchase, or acquisition of specimens of species listed in Annex A thereto for commercial purposes nor the provision laid down in Article 8(3) thereof, to the effect that exemptions from those prohibitions are to be granted by the issue of a certificate on a case-by-case basis, shall apply where the specimens involved meet either of the following criteria:
- (1) they are covered by one of the specimen-specific certificates provided for in Article 48 of this Regulation;
- (2) they are covered by one of the general exemptions provided for in Article 62 of this Regulation.
Article 62
General exemptions from Article 8(1) and (3) of Regulation (EC) No 338/97
The provision laid down in Article 8(3) of Regulation (EC) No 338/97, to the effect that exemptions from the prohibitions in Article 8(1) are to be granted by the issue of a certificate on a case-by-case basis, shall not apply to, and no certificate shall be required for, the following:
- (1) specimens of captive born and bred animals of the species listed in Annex X to this Regulation, and hybrids thereof, provided that specimens of annotated species are marked in accordance with Article 66(1) of this Regulation;
- (2) artificially propagated specimens of plant species;
- (3) worked specimens that were acquired more than 50 years previously, as defined in Article 2(w) of Regulation (EC) No 338/97, except specimens containing elephant ivory;
- (4) dead specimens of Crocodylia species included in Annex A with source code D, provided that they are marked or identified via other means in accordance with this Regulation;
- (5) caviar of Acipenser brevirostrum and its hybrids, with source code D, provided that it is contained in a container marked in accordance with this Regulation.
Article 63
Pre-issued certificates under Article 8(3) of Regulation (EC) No 338/97
For the purposes of Article 8(3)(d) of Regulation (EC) No 338/97, a Member State may make pre-issued certificates available to breeders approved for that purpose by a management authority, provided that they maintain breeding records and that they produce those records, on request, to the competent management authority.
Such certificates shall, in box 20, include the following statement:
‘Certificate only valid for the following taxon/taxa: …’
For the purposes of Article 8(3)(d) and (h) of Regulation (EC) No 338/97, a Member State may make pre-issued certificates available to persons who have been approved by a management authority to sell on the basis of such certificates dead captive-bred specimens and/or small numbers of dead specimens legally taken from the wild within the Community, provided that any such person meets the following requirements:
- (a) he maintains a record, which is produced on request to the competent management authority and which contains details of specimens/species sold, the cause of death if known, the persons from whom specimens were acquired and the persons to whom they were sold;
- (b) he submits an annual report to the competent management authority which contains details of sales during that year, the type and number of specimens, the species concerned and how the specimens were acquired.
Pre-issued certificates shall only be valid once they have been completed and a copy of the certificate is transmitted to the issuing management authority by the applicant.
CHAPTER XVI MARKING REQUIREMENTS
Article 64
Marking of specimens for the purpose of imports and commercial activities within the Community
Import permits for the following items shall be issued only if the applicant has satisfied the competent management authority that the specimens have been individually marked in accordance with Article 66(6):
- (a) specimens that derive from a captive breeding operation that was approved by the Conference of the Parties to the Convention;
- (b) specimens that derive from a ranching operation that was approved by the Conference of the Parties to the Convention;
- (c) specimens from a population of a species listed in Appendix I to the Convention for which an export quota has been approved by the Conference of the Parties to the Convention;
- (d) raw tusks of African elephant and cut pieces thereof that are both 20 cm or more in length and 1 kg or more in weight;
- (e) raw, tanned and/or finished crocodilian skins, flanks, tails, throats, feet, backstrips and other parts thereof that are exported to the Community, and entire raw, tanned, or finished crocodilian skins and flanks that are re-exported to the Community;
- (f) live vertebrates of species listed in Annex A to Regulation (EC) No 338/97 that belong to a travelling exhibition;
- (g) any container of caviar of Acipenseriformes spp., including tins, jars or boxes into which such caviar is directly packed.
For the purposes of Article 8(5) of Regulation (EC) No 338/97, all containers of caviar as specified in point (g) of paragraph 1 of this Article shall be marked in accordance with Article 66(6) of this Regulation, subject to the additional requirements set out in Article 66(7) thereof.
Article 65
Marking of specimens for the purpose of export and re-export
Re-export certificates for specimens referred to in Article 64(1)(a) to (d) and (f) that were not substantially modified shall be issued only if the applicant has satisfied the management authority that the original marks are intact.
Re-export certificates for entire raw, tanned, and/or finished crocodilian skins and flanks shall be issued only if the applicant has satisfied the management authority that the original tags are intact or, where the original tags have been lost or removed, the specimens have been marked with a re-export tag.
Export permits and re-export certificates for any container of caviar as specified in point (g) of Article 64(1) shall be issued only if the container is marked in accordance with Article 66(6).
Export permits shall be issued with regard to live vertebrates of species listed in Annex A to Regulation (EC) No 338/97 only if the applicant has satisfied the competent management authority that the relevant requirements laid down in Article 66 of this Regulation have been met. This does not apply to specimens of species listed in Annex X to this Regulation, unless:
- a) an annotation in Annex X prescribes marking;
- b) the specimens were bred at a breeding operation included in the Register.
Article 66
Marking methods
For the purposes of Article 33(1), Article 40(1), Article 54a, Article 59(5) and Article 65(4), paragraphs 2 and 3 of this Article shall apply.
Captive born and bred birds shall be marked in accordance with paragraph 8, or, where the competent management authority is satisfied that this method is not appropriate because of the physical or behavioural properties of the animal, by means of a uniquely numbered, unalterable microchip transponder conforming to ISO Standards 11784: 1996 (E) and 11785: 1996 (E).
Live vertebrates other than captive born and bred birds shall be marked by means of a uniquely numbered unalterable microchip transponder conforming to ISO Standards 11784: 1996 (E) and 11785: 1996 (E), or, where the competent management authority is satisfied that this method is not appropriate because of the physical or behavioural properties of the specimen/species, the specimens concerned shall be marked by means of uniquely numbered rings, bands, tags, tattoos or similar means, or be made identifiable by any other appropriate means.
Articles 33(1), 40(1), 48(2), 59(5) and 65(4) shall not apply where the competent management authority is satisfied that, at the time of issue of the relevant certificate, the physical properties of the specimens involved do not allow the safe application of any marking method.
Where that is the case, the management authority concerned shall issue a transaction‐specific certificate and shall record that fact in box 20 of the certificate, or, where a marking method can be safely applied at a later date, shall include the appropriate stipulations therein.
Specimen-specific certificates, travelling exhibition certificates and personal ownership certificates shall not be issued in respect of live specimens covered by this paragraph.
Specimens marked by means of a microchip transponder other than one conforming to ISO Standards 11784: 1996 (E) and 11785: 1996 (E) before 1 January 2002, or by means of one of the methods referred to in paragraph 3 before 1 June 1997, or in compliance with paragraph 6 before their introduction into the Community, shall be deemed to have been marked in compliance with paragraphs 2 and 3.
The specimens referred to in Articles 64 and 65 shall be marked in accordance with the method approved or recommended by the Conference of the Parties to the Convention for the specimens concerned and, in particular, the containers of caviar referred to in Articles 57(5)(a), 64(1)(g), 64(2) and 65(3) shall be individually marked by means of non-reusable labels affixed to each primary container. Where the non-reusable label does not seal the primary container, the caviar shall be packaged in such a manner as to permit visual evidence of any opening of the container.
Caviar from different Acipenseriformes species shall not be mixed into a primary container, except in the case of pressed caviar (i.e. caviar composed of unfertilized eggs (roe) of one or more sturgeon or paddlefish species, remaining after the processing and preparation of higher quality caviar).
Only those processing plants and (re-)packaging plants that are licensed by the management authority of a Member State shall be entitled to process and package or re-package caviar for export, re-export or intra-Community trade.
Licensed processing and (re-)packaging plants shall be required to maintain adequate records of the quantities of caviar imported, exported, re-exported, produced in situ or stored, as appropriate. These records must be available for inspection by the management authority in the relevant Member State.
A unique registration code shall be attributed to each such processing or (re-)packaging plant by that management authority.
The list of facilities licensed in accordance with this paragraph, as well as any changes thereto, shall be notified to the Secretariat of the Convention and to the Commission.
For the purpose of this paragraph processing plants shall include caviar producing aquaculture operations.
Captive born and bred birds, as well as other birds born in a controlled environment shall be marked by means of a uniquely marked seamlessly closed leg-ring.
A seamlessly closed leg-ring refers to a ring or band in a continuous circle, without any break or join, which has not been tampered with in any way, of a size which cannot be removed from the bird when its leg is fully grown after having been applied in the first days of the bird's life and which has been commercially manufactured for that purpose.
Article 67
Humane marking methods
Where, in the territory of the Community, the marking of live animals requires the attachment of a tag, band, ring or other device, or the marking of a part of the animal's anatomy, or the implantation of microchip transponders, this shall be undertaken with due regard to humane care, well-being and natural behaviour of the specimen concerned.
Article 68
Mutual recognition of marking methods
The competent authorities of the Member States shall recognise marking methods approved by the competent authorities of other Member States that comply with Article 66.
Where a permit or certificate is required pursuant to this Regulation, full details of the marking of the specimen shall be provided on such a document.
CHAPTER XVII REPORTS AND INFORMATION
Article 69
Reports on imports, exports and re-exports and on implementation
Member States shall collect data on imports into and exports and re-exports from the Union that have taken place on the basis of permits and certificates issued by their management authorities, irrespective of the actual place of introduction or (re-) export.
Member States shall, in accordance with Article 15(4), point (a), of Regulation (EC) No 338/97, report that information to the Commission, for a calendar year, in accordance with the time schedule set out in paragraph 6 of this Article, for species listed in Annexes A, B and C to Regulation (EC) No 338/97, in computerised form and in accordance with the Guidelines for the preparation and submission of CITES annual reports issued by the Secretariat of the Convention.
The information referred to in paragraph 1 shall be presented in two separate parts, as follows:
- (a) one part on imports, exports and re-exports of specimens of species listed in the Appendices to the Convention;
- (b) one part on imports, exports and re-exports of specimens of other species listed in Annexes A, B and C to Regulation (EC) No 338/97 and on the introduction into the Union of specimens of species listed in Annex D to that Regulation.
With regard to imports of shipments containing live animals, Member States shall, where possible, maintain records of the percentage of specimens of species listed in Annexes A and B to Regulation (EC) No 338/97 that were dead at the time of introduction into the Union.
The information referred to in Article 15(4), point (c), of Regulation (EC) No 338/97 shall include details on the legislative, regulatory and administrative measures taken to implement and enforce the provisions of Regulation (EC) No 338/97 and this Regulation.
Member States shall also report on the following:
- (a) persons and bodies registered in accordance with Articles 18 and 19 of this Regulation;
- (b) scientific institutions registered in accordance with Article 60 of this Regulation;
- (c) breeders approved in accordance with Article 63 of this Regulation;
- (d) caviar (re-)packaging plants licensed in accordance with Article 66(7) of this Regulation;
- (e) their use of phytosanitary certificates in accordance with Article 17 of this Regulation;
- (f) cases where export permits and re-export certificates were issued retrospectively in accordance with Article 15 of this Regulation.
The information referred to in paragraph 4, first sentence, shall be submitted in computerised form and in accordance with the ‘Implementation Report Format’ issued by the Secretariat of the Convention and amended by the Commission, and shall correspond to the three-year period ending on 31 December of the previous year.
The information referred to in paragraph 4, second subparagraph, if not included in the communication pursuant to Article 15(4), point (a) of Regulation (EC) No 338/97 or in the notification pursuant to Article 66(7) of this Regulation, shall be submitted in computerised form together with the communication pursuant to Article 15(4), point (c) of Regulation (EC) No 338/97.
The information referred to in paragraphs 1, 2 and 3 shall be communicated to the Commission for each calendar year before 15 June of the following year on a species-by-species basis and per country of (re-)export.
The information referred to in paragraph 4, first sentence, shall be communicated to the Commission by 15 June of the year before the year of each meeting of the Conference of the Parties to the Convention.
Article 70
Amendments to the Annexes to Regulation (EC) No 338/97
With a view to the preparation of amendments to Regulation (EC) No 338/97 pursuant to Article 15(5) of that Regulation, Member States shall, with regard to species already listed in the Annexes to that Regulation and those that may be eligible for listing, forward all relevant information to the Commission relating to the following aspects:
- (a) their biological and trade status;
- (b) the uses to which specimens of such species are put;
- (c) methods of controlling specimens in trade.
Any draft amendments to Annexes B or D to Regulation (EC) No 338/97 pursuant to Article 3(2)(c) or (d), or Article 3(4)(a) of that Regulation shall be submitted by the Commission to the Scientific Review Group, referred to in Article 17 of that Regulation, for advice before they are submitted to the Committee.
CHAPTER XVIII FINAL PROVISIONS
Article 71
Rejection of applications for import permits following the establishment of restrictions
Immediately on the establishment of a restriction in accordance with Article 4(6) of Regulation (EC) No 338/97 and until such time as it is lifted, Member States shall reject applications for import permits concerning specimens exported from the affected country or countries of origin.
By way of derogation from paragraph 1, an import permit may be issued where an application for an import permit was submitted prior to the establishment of the restriction, and the competent management authority of the Member State is satisfied that a contract or order exists for which payment has been made or as a result of which the specimens have already been shipped.
The period of validity of an import permit issued under paragraph 2 shall not exceed one month.
Save where otherwise provided, the restrictions referred to in paragraph 1 shall not apply to the following specimens:
- (a) specimens born and bred in captivity in accordance with Articles 54 and 55, or artificially propagated in accordance with Article 56;
- (b) specimens being imported for the purposes specified in Article 8(3)(e), (f) or (g) of Regulation (EC) No 338/97;
- (c) specimens, alive or dead, that are part of the household possessions of persons moving into the Community to take up residence there.
Article 72
Transitional measures
Certificates issued in accordance with Article 11 of Regulation (EEC) No 3626/82 and Article 22 of Commission Regulation (EEC) No 3418/83 ([^E0002]) may continue to be used for the purposes of Articles 5(2)(b), 5(3)(b), (c) and (d), Article 5(4), and Article 8(3)(a) and (d) to (h) of Regulation (EC) No 338/97.
Exemptions granted from the prohibitions laid down in Article 6(1) of Regulation (EEC) No 3626/82 shall remain valid until their last day of validity, where specified.
Member States may continue to issue import and export permits, re-export certificates, travelling exhibition and personal ownership certificates in the forms laid out in Annexes I, III and IV, import notifications in the form laid out in Annex II and EU certificates in the form laid out in Annex V to Implementing Regulation (EU) No 792/2012 for one year after the entry into force of Commission Implementing Regulation (EU) 2015/57 ([^E0003]).
Article 73
Notification of implementing provisions
Each Member State shall notify to the Commission and the Secretariat to the Convention the provisions which it adopts specifically for the application of this Regulation and all legal instruments used and measures taken for the application and enforcement thereof. The Commission shall communicate this information to the other Member States.
Article 74
Repeal
Regulation (EC) No 1808/2001 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex XII.
Article 75
Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX VII
Codes to be included in the description of specimens and units of measure to be used in permits and certificates pursuant to Article 5(1) and (2)
| Description | Trade term code | Preferred unit | Alternative unit | Explanation |
|---|---|---|---|---|
| baleen | BAL | kg | no. | elastic sheets of keratin that hang from the upper jaw of baleen whales (Mysticeti) and allow them to feed |
| bark | BAR | kg | tree bark (raw, dried or powdered; unprocessed) | |
| body | BOD | no. | kg | substantially whole dead animals, including whole fish, stuffed turtles, preserved butterflies, reptiles in alcohol, whole stuffed hunting trophies, etc. If referring to specimens of sharks and rays (Elasmobranchii spp.), the preferred unit is kg. |
| bone | BON | kg | no. | bones, including jaws |
| calipee | CAL | kg | calipee or calipash (turtle cartilage for soup) | |
| carapace | CAP | no. | kg | raw or unworked whole shells of Testudines species. |
| carving | CAR | kg | no. | carved products other than ivory, bone or horn – for example coral and wood (including handicrafts). N.B: Ivory carvings should be specified as such (see below – ‘IVC’). Also, for species from which more than one type of product may be carved (e.g. horn and bone), the trade term code should indicate the type of product in trade (e.g. bone carving ‘BOC’ or horn carving – ‘HOC’), where possible. |
| carving - bone | BOC | kg | no. | bone carving |
| carving - horn | HOC | kg | no. | horn carving |
| carving – ivory (worked ivory) | IVC | kg | no. | ivory carvings, including e.g. smaller worked pieces of ivory (knife handles, chess sets, mahjong sets etc). N.B. Whole carved tusk should be reported as carving – ivory (IVC) not as tusks (see ‘TUS’ below). Jewellery made from carved ivory should be reported as ‘jewellery – ivory’ (see IJW below). |
| caviar | CAV | kg | unfertilized dead processed eggs from all species of Acipenseriformes; also known as roe. | |
| chips (woodchips) | CHP | kg | chips of timber, especially Aquilaria spp., Gyrinops spp. and Pterocarpus santalinus | |
| claw | CLA | no. | kg | claws – e.g. of Felidae, Ursidae or Crocodylia (NB: 'turtle claws' are usually scales and not real claws) |
| cloth | CLO | m2 | kg | cloth – if the cloth is not made entirely from the hair of a CITES species, the weight of hair of the species concerned should instead, if possible, be recorded under ‘HAI’ |
| coral (raw) | COR | no. | kg | raw or unworked coral and coral rock (also live rock and substrate) [as defined in Resolution Conf. 11.10 (Rev. CoP15)]. Coral rock should be recorded as ‘Scleractinia spp.’ NB: the trade should be recorded by number of pieces only if the coral specimens are transported in water. Live rock (transported moist in boxes) should be reported in kg; coral substrate should be reported as number of pieces (since these are transported in water as the substrate to which non-CITES corals are attached). |
| cosmetics | COS | g | ml | Any product or mixture of products which is applied to an external part of the body only (e.g. skin, hair, nails, genitals, lips or teeth or the mucous membranes of the oral cavity) with the intent to clean, odorise, change the appearance or protect. Cosmetics may include the following: make-up, perfume, skin cream, nail polish, hair colourants, soap, shampoo, shaving cream, deodorant, sunscreens, toothpaste. Cosmetics which include extracts of CITES-listed species. The quantity should reflect the amount of CITES-listed species present. |
| culture | CUL | no. of flasks, etc. | cultures of artificially propagated plants | |
| derivatives | DER | kg/l | derivatives (other than those included elsewhere in this table) | |
| dried plant | DPL | no. | dried plants – e.g. herbarium specimens | |
| ear | EAR | no. | ears – usually elephant | |
| egg | EGG | no. | kg | whole dead or blown eggs (see also 'caviar') |
| egg (live) | EGL | no. | kg | live fertilized eggs – usually birds and reptiles but includes fish and invertebrates |
| eggshell | ESH | g/kg | raw or unworked eggshell except whole eggs | |
| extract | EXT | kg | l | extract – usually plant extracts |
| feather | FEA | kg/ no. of wings | no. | feathers – in the case of objects (e.g. pictures) made of feathers, record the number of objects |
| fibre | FIB | kg | m | natural fibre: generic term for several types of material of natural (i.e. plant or animal) origin. Animal fibre can usually be spun and woven and is usually very fine and has good flexibility. – e.g. fibre coming from the shearing of live vicunas. It also includes fibres from animal intestines used to make strings for tennis rackets |
| fin (dried) | DFN | kg | dried fins and parts of fins (including flippers) | |
| fin (wet) | FFN | kg | fresh, chilled of frozen fins and parts of fins (including flippers) | |
| fingerlings | FIG | kg | no. | live juvenile fish for the aquarium trade, aquaculture, hatcheries, consumption or for release, including live European eels (Anguilla anguilla) up to 12cm in length |
| flower | FLO | kg | flowers | |
| flower pot | FPT | no. | flower pots made from parts of a plant – e.g. treefern fibres (NB: live plants traded in so- called 'community pots' should be recorded as 'live plants', not as flower pots) | |
| frog legs | LEG | kg | frog legs | |
| fruit | FRU | kg | fruit | |
| foot | FOO | no. | feet – e.g. of elephant, rhinoceros, hippopotamus, lion, crocodile, etc. | |
| fur products (large) | FPL | no. | large manufactured products of fur – e.g. bear or lynx fur blankets or other fur products of a substantial size. | |
| fur product (small) | FPS | no. | small manufactured products of fur– including handbags, key fobs, purses, pillows, trim, etc. | |
| gall | GAL | kg | gall | |
| gall bladder | GAB | no. | kg | gall bladder |
| garment | GAR | no. | garments – including gloves and hats but not shoes. Includes trimming or decoration on garments | |
| genitalia | GEN | kg | no. | castrates and dried penes |
| gill plates | GIL | kg | no. | gill plates (e.g. for sharks) |
| graft rootstock | GRS | no. | graft rootstocks (without the grafts) | |
| hair | HAI | kg | g | includes all unprocessed animal hair, e.g. of elephant, yak, guanaco, wolf, bear, panther, etc. |
| hair products | HAP | no. | g | products made of hair (e.g. elephant hair bracelets) |
| horn | HOR | no. | kg | horns – includes antlers |
| jewellery | JWL | no. | g | jewellery – including bracelets, necklaces, and other items of jewellery from products other than ivory (e.g. wood, coral, etc.) |
| jewellery – ivory (worked ivory) | IJW | no. | g | jewellery made of ivory – includes ekipas |
| kernel | KNL | kg | also known as 'endosperm', 'pulp' or 'copra' | |
| leather product (large) | LPL | no. | large manufactured products of leather – e.g. briefcases, furniture, suitcases, travel trunks | |
| leather product (small) | LPS | no. | small manufactured products of leather – e.g. belts, braces, bicycle saddles, cheque book or credit card holders, handbags, key fobs, notebooks, purses, shoes, tobacco pouches, wallets, watch-straps and trim | |
| live | LIV | no. | kg | live animals and plants, excluding live fingerling fish – see FIG |
| leaf | LVS | kg | no. | leaves |
| logs | LOG | m3 | all wood in the rough, whether or not stripped of bark or sapwood, or roughly squared, for processing notably into sawn wood, pulpwood or veneer sheets. NB: trade in logs of special purpose timbers traded by weight (e.g. lignum vitae, Guaiacum spp.) should be recorded in kg | |
| meat | MEA | kg | meat, including flesh of fish if not whole (see ‘body’), fresh or unprocessed meat as well as processed meat (e.g. smoked, raw, dried, frozen or tinned) The code for meat (MEA) should be used in preference for trade in eels for human consumption. | |
| medicine | MED | kg/l | medicine | |
| musk | MUS | g | musk | |
| oil | OIL | kg | l | oil – e.g. from turtles, seals, whales, fish, various plants |
| pearl | PRL | no. | pearl (e.g. for Strombus gigas) | |
| piano keys (worked ivory) | KEY | no. | ivory piano keys (e.g. one standard piano would be 52 ivory piano keys) | |
| piece – bone | BOP | kg | pieces of bone, not manufactured | |
| piece – horn | HOP | kg | pieces of horn, not manufactured – includes scrap | |
| piece – ivory (raw ivory) | IVP | kg | ivory pieces, not manufactured – includes scrap | |
| plate | PLA | m2 | plates of multiple skins – includes rugs if made of several skins | |
| plywood | PLY | m2 | m3 | material consisting of three or more sheets of wood glued and pressed one on the other and generally disposed so that the grains of successive layers are at an angle |
| powder | POW | kg | a dry, solid substance in the form of fine or coarse particles | |
| pupae | PUP | no. | butterfly pupae | |
| root | ROO | no. | kg | roots, bulbs, corms or tubers NB: For the agarwood-producing taxa Aquilaria spp. and Gyrinops spp., the preferred unit is 'kilograms'. The alternative unit is 'number'. |
| rug | RUG | no. | rugs | |
| sawfish rostrum | ROS | no. | kg | sawfish rostrum |
| sawn wood | SAW | m3 | wood simply sawn lengthwise or produced by a profile-chipping process; normally exceeds 6mm in thickness. NB: trade in sawn wood of special purpose timbers traded by weight (e.g. lignum vitae, Guaiacum spp.) should be recorded in kg | |
| scale | SCA | kg | scales – e.g. of turtle, other reptiles, fish, pangolin | |
| seed | SEE | kg | seeds | |
| shell | SHE | no. | kg | raw or unworked shell of molluscs |
| side | SID | no. | sides or flanks of skins; does not include crocodilian Tinga frames (see under 'skin') | |
| skeleton | SKE | no. | substantially whole skeletons | |
| skin | SKI | no. | substantially whole skins, raw or tanned, including hides, crocodilian Tinga frames, external body lining, with or without scales | |
| skin piece | SKP | kg | no. | skin pieces – including scraps, raw or tanned |
| skull | SKU | no. | skulls | |
| soup | SOU | kg | l | soup – e.g. of turtle |
| specimen (scientific) | SPE | kg/l/ml/ no. | scientific specimens – includes blood, tissue (e.g. kidney, spleen, etc.), histological preparations, preserved museum specimens, etc. | |
| stem | STE | no. | kg | plant stems NB: For the agarwood-producing taxa Aquilaria spp. and Gyrinops spp., the preferred unit is 'kilograms'. The alternative unit is 'number'. |
| swim bladder | SWI | kg | hydrostatic organ, including isinglass / sturgeon glue | |
| tail | TAI | no. | kg | tails – e.g. of caiman (for leather) or fox (for garment trimming, collars, boas, etc.), also includes flukes of cetaceans. |
| thread | THD | kg | thread – a processed long strand of multiple hairs or fibres of natural (e.g. plant or animal) origin, e.g. vicuna, guanaco | |
| tooth | TEE | no. | kg | teeth – e.g. of whale, lion, hippopotamus, crocodile, etc. |
| timber | TIM | m3 | kg | raw timber except saw-logs, sawn wood and transformed wood |
| transformed wood | TRW | m3 | kg | defined by Harmonized System code 44.09: Wood (including strips, friezes for parquet flooring, not assembled), continuously shaped (tongued, grooved, v-jointed, beaded or the like) along any edges, ends or faces, whether or not planed, sanded or end-jointed. |
| trophy | TRO | no. | trophy – all the trophy parts of one animal if they are exported together: e.g. horns (2), skull, cape, backskin, tail and feet (i.e. ten specimens) constitute one trophy. But if, for example, the skull and horns are the only specimens of an animal that are exported, then these items together should be recorded as one trophy. Otherwise the items should be recorded separately. A whole stuffed body is recorded under ‘BOD’. A skin alone is recorded under ‘SKI’. Trade in ‘full mount’, ‘shoulder mount’ and ‘half mount’, along with any corresponding parts of the same animal exported together on the same permit, should be reported as ‘1 TRO’ | |
| trunk | TRU | no. | kg | elephant trunk. N.B.: An elephant trunk exported with other trophy items from the same animal on the same permit as part of a hunting trophy should be reported as ‘TRO’. |
| tusk (raw ivory) | TUS | no. | kg | substantially whole tusks, not worked. Includes tusks of elephant, hippopotamus, walrus, narwhal, but not other teeth - N.B. Whole carved tusks should be reported as carving – ivory (see ‘IVC’ above). |
| veneer sheets — rotary veneer — sliced veneer | VEN VEN | m3 m2 | kg kg | thin layers or sheets of wood of uniform thickness, usually 6mm or less in thickness, usually peeled (rotary veneer) or sliced (sliced veneer), for use in making plywood, for veneering furniture, veneer containers, etc. |
| wax | WAX | kg | wax | |
| wood product | WPR | no. | kg | manufactured wood products, including finished wood products such as furniture and musical instruments. |
Key to units of measure
| Unit of measure | Unit code |
|---|---|
| grams | g |
| kilograms | kg |
| liters | l |
| cubic centimeters | cm3 |
| milliliters | ml |
| meters | m |
| square meters | m2 |
| cubic meters | m3 |
| number of specimens | no. |
| NB.: If no unit of measure is specified, the unit will be assumed to be number (e.g. of live animals). | NB.: If no unit of measure is specified, the unit will be assumed to be number (e.g. of live animals). |
ANNEX VIII
Standard references for nomenclature to be used pursuant to Article 5(4) to indicate scientific names of species in permits and certificates
FAUNA
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