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

Type Implementing Regulation
Publication 2012-09-07
Last updated 2025-02-18
State In force
Department European Commission
Source EUR-Lex
articles 5
Reform history JSON API

Article 1

General provision

The design and technical specifications with regard to forms for permits, certificates and other documents provided for in Regulation (EC) No 338/97 and Regulation (EC) No 865/2006 are described in this Regulation. The design and technical specifications are specified for the following documents:

Article 2

Forms
1.

The forms on which import permits, export permits, re-export certificates, personal ownership certificates, sample collection certificates and musical instrument certificates and applications for such documents are drawn up shall conform, except as regards spaces reserved for national use, to the model set out in Annex I.

2.

The forms on which import notifications are drawn up shall conform, except as regards spaces reserved for national use, to the model set out in Annex II. They may contain a serial number.

Until 19 January 2023 import notifications may instead be drawn up using the forms set out in Annex II in the version in force on 18 January 2022.

3.

The forms on which travelling exhibition certificates and applications for such documents are drawn up shall conform, except as regards spaces reserved for national use, to the model set out in Annex III.

4.

The forms on which continuation sheets are drawn up for personal ownership certificates, travelling exhibition certificates and musical instrument certificates shall conform to the model set out in Annex IV.

5.

The forms on which the certificates provided for in paragraphs 2(b), 3 and 4 of Article 5 of Regulation (EC) No 338/97 and in Articles 8(3) and 9(2)(b) thereof and applications for such certificates are drawn up shall conform to the model set out in Annex V to this Regulation, except as regards spaces reserved for national use.

Member States may, however, provide that, instead of the pre-printed text, boxes 18 and 19 are to contain only the relevant certification or authorisation, or both.

6.

The form of the labels referred to in Article 7(4) of Regulation (EC) No 338/97 shall conform to the model set out in Annex VI to this Regulation.

Article 3

Technical specifications with regard to forms
1.

The paper used for the forms referred to in Article 2 shall be free of mechanical pulp and dressed for writing purposes, and shall weigh at least 55 g/m2.

2.

The size of the forms referred to in Article 2(1) to (5) shall be 210 x 297 mm (A4) with a maximum tolerance as to length of 18 mm less and 8 mm more.

3.

The colour of the paper used for the forms referred to in Article 2(1) shall be as follows:

4.

The colour of the paper used for the forms referred to in Article 2(2) shall be as follows:

5.

The colour of the paper used for the forms referred to in Article 2(3) and (5) shall be as follows:

6.

The colour of the paper used for the continuation sheets and labels referred to in Article 2(4) and (6) respectively shall be white.

7.

The forms referred to in Article 2 shall be printed and completed in one of the official Union languages as specified by the management authorities of each Member State. They shall, where necessary, contain a translation of their contents in one of the official working languages of the Convention.

8.

Member States shall be responsible for the printing of the forms referred to in Article 2, which, in the case of the forms referred to in Article 2(1) to (5), may be part of a computerised permit/certificate issuing process.

Article 4

Regulation (EC) No 865/2006 is amended as follows:

Article 5

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 27 September 2012.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

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Instructions and explanations

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Instructions and explanations

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Instructions and explanations

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Instructions and explanations

ANNEX II

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Instructions and explanations

D Specimens of animal species listed in Appendix I to the Convention that are bred in captivity for commercial purposes in operations included in the register of operations that breed Appendix I animal species for commercial purposes, which is maintained by the Secretariat of the Convention, as well as parts and derivatives thereof, and specimens of plant species listed in Appendix I to the Convention that are artificially propagated for commercial purposes in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof A Plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof

C Animals bred in captivity in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof. F Animals born in captivity, but for which the criteria of Chapter XIII of Regulation (EC) No 865/2006 are not met, as well as parts and derivatives thereof I Confiscated or seized specimens [^E0006] O Pre-convention [^E0006] U Source unknown (must be justified) X Specimens taken in the marine environment not under the jurisdiction of any State Y Plant specimens obtained from assisted production, which are considered not to be ‘artificially propagated’ as set out in Article 56 of Regulation (EC) No 865/2006, and also not considered to be taken from the wild because they are propagated or planted in an environment with some level of human intervention for the purpose of plant production. (1) To be used only in conjunction with another source code.

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Instructions and explanations

D Specimens of animal species listed in Appendix I to the Convention that are bred in captivity for commercial purposes in operations included in the register of operations that breed Appendix I animal species for commercial purposes, which is maintained by the Secretariat of the Convention, as well as parts and derivatives thereof, and specimens of plant species listed in Appendix I to the Convention that are artificially propagated for commercial purposes in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof A Plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof

C Animals bred in captivity in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof F Animals born in captivity, but for which the criteria of Chapter XIII of Regulation (EC) No 865/2006 are not met, as well as parts and derivatives thereof I Confiscated or seized specimens [^E0007] O Pre-convention [^E0007] U Source unknown (must be justified) X Specimens taken in the marine environment not under the jurisdiction of any State Y Plant specimens obtained from assisted production, which are considered not to be ‘artificially propagated’ as set out in Article 56 of Regulation (EC) No 865/2006, and also not considered to be taken from the wild because they are propagated or planted in an environment with some level of human intervention for the purpose of plant production. (1) To be used only in conjunction with another source code.

- 11. Enter III for species listed in Appendix III to CITES.

- 14. The importer has to submit the signed original (form 1) and ‘copy for the importer’ (form 2), where appropriate together with CITES Appendix III documents from the (re-)exporting country to the customs office of introduction into the Union.

ANNEX III

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Instructions and explanations

Subject to point 5, upon expiration, this document must be returned to the issuing management authority.

The holder or his authorised representative shall surrender the original of this certificate (form 1) — and, where applicable, the travelling exhibition certificate issued by a third country — for verification purposes and submit the accompanying continuation sheet or (where the certificate is issued on the basis of an equivalent certificate from a third country) the two continuation sheets and copies thereof 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 or sheets, return the original of this certificate (form 1), the original certificate issued by a third country (where applicable) — and the continuation sheet or sheets — to the holder or to his authorised representative and forward an endorsed copy of the continuation sheet of the certificate issued by Member State’s management authority to the relevant management authority in accordance with Article 45 of Regulation (EC) No 865/2006.

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Instructions and explanations

- 15/16.The country of origin is the country where the specimens were taken from the wild, born and bred in captivity, or artificially propagated. Where this is a third country (i.e. a non-EU country), box 16 must contain details of the relevant permit. Where specimens originating in a Member State of the Union are exported from another, only the name of the Member State of origin must be mentioned in box 15.

- 18.Enter the date of acquisition only for specimens which were acquired in, or were introduced into, the Union 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 applied to them.

ANNEX IV

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ANNEX V

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Instructions and explanations

- 10 to 12.The country of origin is the country where the specimens were taken form the wild, born and bred in captivity, or artificially propagated.

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Instructions and explanations

- 10 to 12.The country of origin is the country where the specimens were taken from the wild, born and bred in captivity, or artificially propagated.

ANNEX VI

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[^E0001]: To be used only in conjunction with another source code.

[^E0002]: 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 (OJ L 166, 19.6.2006, p. 1).

[^E0003]: To be used only in conjunction with another source code.

[^E0004]: To be used only in conjunction with another source code.

[^E0005]: To be used only in conjunction with another source code.

[^E0008]: To be used only in conjunction with another source code.

[^E0009]: To be used only in conjunction with another source code.

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