Commission regulation (EC) No 865/2006Show full title

CHAPTER VII U.K. TRAVELLING EXHIBITION CERTIFICATES

Article 30 U.K. Issue

1. [F1 The management authority] may issue travelling exhibition certificates in respect of legally acquired specimens which form part of a travelling exhibition and which meet [F1 at least one] of the following criteria:

(a) they were born and bred in captivity in accordance with Articles 54 and 55, or artificially propagated in accordance with Article 56;

[F2 (aa) they were—

(i) acquired in, or introduced into, a member State before the provisions relating to species listed in Appendices I, II or III to the Convention, or in Annex C to Regulation(EEC) No 3626/82, or in Annexes A, B and C to Regulation 338/97 (pre-exit) became applicable to them; and

(ii) acquired in, or introduced into, the United Kingdom before IP completion day; or]

(b) they were acquired in, or introduced into, the [F3 United Kingdom] before the provisions relating to species listed in Appendices I, II or III to the Convention, or in Annex C to Regulation (EEC) No 3626/82, or in Annexes A, B and C to [F4 Regulation 338/97 (pre-exit)] became applicable to them.

2. In the case of live animals, a travelling exhibition certificate shall cover only one specimen.

3. A continuation sheet shall be attached to the travelling exhibition certificate, for use in accordance with Article 35.

[F5 4. In the case of specimens other than live animals, the management authority shall attach to the travelling exhibition certificate an inventory sheet displaying, in respect of each specimen, all the information required by boxes 8 to 18 of the model form set out in Annex III provided for in Implementing Regulation (EU) No 792/2012.]

Textual Amendments

F1 Words in Art. 30(1) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(25)(a)

F2 Art. 30(1)(aa) inserted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(25)(b)

F3 Words in Art. 30(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(25)(c)(i)

F4 Words in Art. 30(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(25)(c)(ii)

F5 Substituted by Commission Regulation (EU) No 791/2012 of 23 August 2012 amending, as regards certain provisions relating to the trade in species of wild fauna and flora, Regulation (EC) No 865/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 338/97.

Article 31 U.K. Use

A travelling exhibition certificate may be used as follows:

(1)

as an import permit, in accordance with Article 4 of Regulation (EC) No 338/97;

(2)

as an export permit or re-export certificate, in accordance with Article 5 of Regulation (EC) No 338/97;

(3)

[F6 as a certificate in accordance with Article 8(3) of Regulation (EC) No 338/97 for the sole purpose of allowing the specimens to be displayed to the public for commercial purposes.]

Textual Amendments

F6 Substituted by Commission Regulation (EC) No 100/2008 of 4 February 2008 amending, as regards sample collections and certain formalities relating to the trade in species of wild fauna and flora, Regulation (EC) No 865/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 338/97.

Article 32 U.K. Issuing authority

1. Where the travelling exhibition originates in [F7 Great Britain], the issuing authority for a travelling exhibition certificate shall be the management authority F8 ....

2. Where the travelling exhibition originates in a third country, the issuing authority for a travelling exhibition certificate shall be the management authority F9 ... and the issue of that certificate shall be based on the provision of an equivalent certificate, issued by that third country.

3. Where, during a stay in [F10 Great Britain], an animal covered by a travelling exhibition certificate gives birth, the management authority F11 ... shall be notified and shall issue a permit or certificate as appropriate.

Textual Amendments

F7 Words in Art. 32(1) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(26)(a)

F8 Words in Art. 32(1) omitted (31.12.2020) by virtue of The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(26)(a)

F9 Words in Art. 32(2) omitted (31.12.2020) by virtue of The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(26)(b)

F10 Words in Art. 32(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(26)(c)

F11 Words in Art. 32(3) omitted (31.12.2020) by virtue of The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(26)(c)

Article 33 U.K. Requirement for specimens

1. Where a specimen is covered by a travelling exhibition certificate, all the following requirements shall be met:

(a) the specimen must be registered by the issuing management authority;

(b) the specimen must be returned to the [F12 third country] in which it is registered before the date of expiry of the certificate;

(c) the specimen must be uniquely and permanently marked, in accordance with Article 66 in the case of live animals, or otherwise identified in such a way that the authorities of [F13 the third countries] into which the specimen enters can verify that the certificate corresponds to the specimen being imported or exported.

2. In the case of travelling exhibition certificates issued in accordance with Article 32(2), points (a) and (b) of paragraph 1 of this Article shall not apply. In such cases, the certificate shall include the following text in box 20:

‘This certificate is not valid unless accompanied by an original travelling exhibition certificate issued by a third country.’

Textual Amendments

F12 Words in Art. 33(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(27)(a)

F13 Words in Art. 33(1)(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(27)(b)

Article 34 U.K. Applications

1. The applicant for a travelling exhibition certificate shall, where appropriate, complete boxes 3 and 9 to 18 of the application form (form 3) and boxes 3 and 9 to 18 of the original and all copies.

[F14 The management authority] 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.

2. The duly completed form shall be submitted to the management authority F15 ..., 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.

3. 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.

Textual Amendments

F14 Words in Art. 34(1) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(28)(a)

F15 Words in Art. 34(2) omitted (31.12.2020) by virtue of The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(28)(b)

Article 35 U.K. Documents to be surrendered to the customs office by the holder

1. [F16 For] a travelling exhibition certificate issued in accordance with [F17 this Regulation, Regulation 338/97 (pre-exit), or the Convention], the holder or his authorised representative shall, for verification purposes, surrender the original of that certificate (form 1), 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.

F18 ...

F19 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Word in Art. 35(1) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(29)(a)(i)(aa)

F17 Words in Art. 35(1) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(29)(a)(i)(bb)

F18 Words in Art. 35(1) omitted (31.12.2020) by virtue of The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(29)(a)(ii)

F19 Art. 35(2) omitted (31.12.2020) by virtue of The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(29)(b)

Article 36 U.K. Replacement

A travelling exhibition certificate that has been lost, stolen or destroyed may be replaced only by the authority which issued it.

[F6 The replacement shall bear the same number, if possible, and the same date of validity as the original document, and shall include, in box 20, one of the following statements:

‘This certificate is a true copy of the original‘This certificate cancels and replaces the original bearing the number xxxx issued on xx.xx.xxxx.’’ , or ]

Textual Amendments

F6 Substituted by Commission Regulation (EC) No 100/2008 of 4 February 2008 amending, as regards sample collections and certain formalities relating to the trade in species of wild fauna and flora, Regulation (EC) No 865/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 338/97.