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

CHAPTER XIII SPECIMENS BORN AND BRED IN CAPTIVITY AND ARTIFICIALLY PROPAGATED SPECIMENS

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 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

1. 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 was established in accordance with the legal provisions applicable to it on the date of acquisition and is maintained in a manner not detrimental to the survival of the species in the wild;

(c) the cultivated parental stock is managed in such a way that its long-term maintenance is guaranteed;

(d) in the case of grafted plants, both the root stock and the graft have been artificially propagated in accordance with points (a), (b) and (c).

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.

2. Timber taken from trees grown in monospecific plantations shall be considered to be artificially propagated in accordance with paragraph 1.