1.[F2The management authority] may issue a musical instrument certificate for non-commercial cross-border movement of musical instruments for purposes including, but not limited to, personal use, performance, production (recordings), broadcast, teaching, display or competition, where such instruments meet all of the following requirements:
(a)they are derived from species listed in Annexes A, B or C of Regulation (EC) No 338/97, other than specimens of species listed in Annex A of Regulation (EC) No 338/97 acquired after the species was included in Appendices to the Convention;
(b)the specimen used in the manufacture of the musical instrument has been legally acquired;
(c)the musical instrument is appropriately identified.
2.A continuation sheet shall be attached to the certificate for use in accordance with Article 44m.
Textual Amendments
F2Words in Art. 44h(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(40)
The certificate may be used in either of the following ways:
as an import permit in accordance with Article 4 of Regulation (EC) No 338/97;
as an export permit or re-export certificate in accordance with Article 5 of Regulation (EC) No 338/97.
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2.The musical instrument certificate shall include the following text in box 23 or in an appropriate annex to the certificate:
‘Valid for multiple cross-border movements. Original to be retained by holder.
The musical instrument covered by this certificate, which permits multiple cross-border movements, is for non-commercial use for purposes including, but not limited to, personal use, performance, production (recordings), broadcast, teaching, display or competition. The musical instrument covered by this certificate may not be sold or possession of it transferred whilst it is outside [F4Great Britain].
This certificate must be returned to the management authority of the [F5United Kingdom] before the expiration of the certificate.
This certificate is not valid unless accompanied by a continuation sheet, which must be stamped and signed by a customs official at each border crossing.’ .
Textual Amendments
F3Art. 44j(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(41)(a)
F4Words in Art. 44j substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(41)(b)
F5Words in Art. 44j substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(41)(c)
Where a specimen is covered by a musical instrument certificate, the following requirements shall be met:
the musical instrument must be registered by the issuing management authority;
the musical instrument must be returned to [F6Great Britain] before the date of expiry of the certificate;
the specimen may not be sold or possession of it transferred whilst outside [F7Great Britain] except subject to the conditions provided for in Article 44n;
the musical instrument must be appropriately identified.
Textual Amendments
F6Words in Art. 44k(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(42)(a)
F7Words in Art. 44k(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(42)(b)
1.An applicant for a musical instrument certificate shall provide information as set out in Articles 44h and 44k and, where appropriate, complete boxes 1, 4 and 7 to 23 of the application form and boxes 1, 4 and 7 to 22 of the original and all copies of the certificate.
[F8The management authority] may 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 application form shall be submitted to [F9the management authority] together with the necessary information and the documentary evidence that that authority deems necessary in order for it to determine whether a certificate should be issued.
Any omission of information from the application must be justified.
3.Where an application is made for a certificate relating to specimens for which an application has previously been rejected, the applicant shall inform the management authority of that fact.
Textual Amendments
F8Words in Art. 44l(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(43)(a)
F9Words in Art. 44l(2) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(43)(b)
In the case of the introduction into [F10Great Britain], 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.
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Textual Amendments
F10Words in Art. 44m substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(44)(a)
F11Words in Art. 44m 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(44)(b)
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.
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.’
The introduction into [F13Great Britain] 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.]
Textual Amendments
F12Words in Art. 44p heading substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(45)
F13Words in Art. 44p substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(45)