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Commission regulation (EC) No 865/2006Show full 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
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- Revised 27/02/20190.79 MB
- Revised 05/02/20150.58 MB
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Changes over time for: Article 58
Version Superseded: 31/12/2020
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Article 58U.K.Export and re-export from the Community of personal and household effects
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.
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.
2.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.
3.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.
[F1The 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.]
[F23a. 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.
4. 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.]
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