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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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  1. Introductory Text

  2. CHAPTER I DEFINITIONS

    1. Article 1.Definitions

  3. CHAPTER II FORMS AND TECHNICAL REQUIREMENTS

    1. Article 2.Forms

    2. Article 3.Technical specifications with regard to forms

    3. Article 4.Completion of forms

    4. Article 5.Contents of permits, certificates and applications for the issue of such documents

    5. Article 6.Annexes to forms

    6. Article 7.Permits and certificates issued by third countries

  4. CHAPTER III ISSUE, USE AND VALIDITY OF DOCUMENTS

    1. Article 8.Issue and use of documents

    2. Article 9.Shipments of specimens

    3. Article 10.Validity of import and export permits, re-export certificates, travelling exhibition certificates, and personal ownership certificates

    4. Article 11.Validity of used import permits and of the certificates referred to in Articles 47, 48, 49, 60 and 63

    5. Article 12.Documents cancelled, lost, stolen, destroyed or expired

    6. Article 13.Time of application for import and (re)-export documents and assignation to a customs procedure

    7. Article 14.Validity of documents from third countries

    8. Article 15.Retrospective issue of certain documents

    9. Article 16.Specimens in transit through the Community

    10. Article 17.Phytosanitary certificates

    11. Article 18.Simplified procedures with regard to certain trade in biological samples

    12. Article 19.Simplified procedures with regard to export or re-export of dead specimens

  5. CHAPTER IV IMPORT PERMITS

    1. Article 20.Applications

    2. Article 21.Import permits issued for specimens of species included in Appendix I to the Convention and listed in Annex A to Regulation (EC) No 338/97

    3. Article 22.Documents to be surrendered by the importer to the customs office

    4. Article 23.Handling by the customs office

  6. CHAPTER V IMPORT NOTIFICATIONS

    1. Article 24.Documents to be surrendered by the importer to the customs office

    2. Article 25.Handling by the customs office

  7. CHAPTER VI EXPORT PERMITS AND RE-EXPORT CERTIFICATES

    1. Article 26.Applications

    2. Article 27.Documents to be surrendered by the (re-)exporter to the customs office

    3. Article 28.Handling by the customs office

    4. Article 29.Pre-issued permits for nurseries

  8. CHAPTER VII TRAVELLING EXHIBITION CERTIFICATES

    1. Article 30.Issue

    2. Article 31.Use

    3. Article 32.Issuing authority

    4. Article 33.Requirement for specimens

    5. Article 34.Applications

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

    7. Article 36.Replacement

  9. CHAPTER VIII PERSONAL OWNERSHIP CERTIFICATE

    1. Article 37.Issue

    2. Article 38.Use

    3. Article 39.Issuing authority

    4. Article 40.Requirements for specimens

    5. Article 41.Applications

    6. Article 42.Documents to be surrendered by the holder to the customs office

    7. Article 43.Sales of specimens covered

    8. Article 44.Replacement

  10. CHAPTER IX CUSTOMS PROCEDURE

    1. Article 45.Forwarding of documents presented to customs offices

  11. CHAPTER X CERTIFICATES PROVIDED FOR IN ARTICLES 5(2)(b), 5(3), 5(4), 8(3) AND 9(2)(b) OF REGULATION (EC) No 338/97

    1. Article 46.Issuing authority

    2. Article 47.Certificates provided for in Article 5(2)(b), (3) and (4) of Regulation (EC) No 338/97 (certificates required for export or re-export)

    3. Article 48.Certificate provided for in Article 8(3) of Regulation (EC) No 338/97 (certificate for commercial use)

    4. Article 49.Certificate provided for in Article 9(2)(b) of Regulation (EC) No 338/97 (certificate for movement of live specimens)

    5. Article 50.Application for the certificates provided for in Articles 5(2)(b), 5(3), 5(4), 8(3) and 9(2)(b) of Regulation (EC) No 338/97

    6. Article 51.Amendments to permits, notifications and certificates

  12. CHAPTER XI LABELS

    1. Article 52.Use of labels

  13. CHAPTER XII DEROGATIONS FROM CUSTOMS PROCEDURES AS REFERRED TO IN ARTICLE 4(7) OF REGULATION (EC) No 338/97

    1. Article 53.Customs offices other than the border customs office at the point of introduction

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

    1. Article 54.Specimens born and bred in captivity of animal species

    2. Article 55.Establishment of ancestry

    3. Article 56.Artificially propagated specimens of plant species

  15. CHAPTER XIV PERSONAL AND HOUSEHOLD EFFECTS

    1. Article 57.Introduction and reintroduction into the Community of personal and household effects

    2. Article 58.Export and re-export from the Community of personal and household effects

  16. CHAPTER XV EXEMPTIONS AND DEROGATIONS

    1. Article 59.Exemptions from Article 8(1) of Regulation (EC) No 338/97 as provided for in Article 8(3) thereof

    2. Article 60.Derogation from Article 8(1) of Regulation (EC) No 338/97 for the benefit of scientific institutions

    3. Article 61.Exemptions from Article 8(1) and (3) of Regulation (EC) No 338/97

    4. Article 62.General exemptions from Article 8(1) and (3) of Regulation (EC) No 338/97

    5. Article 63.Pre-issued certificates under Article 8(3) of Regulation (EC) No 338/97

  17. CHAPTER XVI MARKING REQUIREMENTS

    1. Article 64.Marking of specimens for the purpose of imports and commercial activities within the Community

    2. Article 65.Marking of specimens for the purpose of export and re-export

    3. Article 66.Marking methods

    4. Article 67.Humane marking methods

    5. Article 68.Mutual recognition of marking methods

  18. CHAPTER XVII REPORTS AND INFORMATION

    1. Article 69.Reports on imports, exports and re-exports

    2. Article 70.Amendments to the Annexes to Regulation (EC) No 338/97

  19. CHAPTER XVIII FINAL PROVISIONS

    1. Article 71.Rejection of applications for import permits

    2. Article 72.Transitional measures

    3. Article 73.Notification of implementing provisions

    4. Article 74.Repeal

    5. Article 75.Entry into force

  20. Signature

    1. ANNEX I

      1. Instructions and explanations

        1. 1. Full name and address of the actual (re-)exporter, not of...

        2. 2. The period of validity of an export permit or re-export...

        3. 3. Full name and address of the actual importer, not of...

        4. 5. To be left blank in the case of a personal...

        5. 6. For live specimens of Annex A species other than captive bred...

        6. 8. Description must be as precise as possible and include a...

        7. 9/10. Use the units of quantity and/or net mass in accordance...

        8. 11. Enter the number of the CITES Appendix (I, II or...

        9. 12. Enter the letter of the Annex to Regulation (EC) No 338/97...

        10. 13. Use one of the following codes to indicate the source:...

        11. 14. Use one of the following codes to indicate the purpose...

        12. 15 to 17. The country of origin is the country where the specimens...

        13. 18 to 20. The country of last re-export is, in the case of...

        14. 21. The scientific name must be in accordance with the standard...

        15. 23 to 25. For official use only.

        16. 26. The importer/(re)exporter or his agent must, where appropriate, indicate the...

        17. 27. To be completed by the customs office of introduction into...

      2. Instructions and explanations

        1. 1. Full name and address of the actual (re-)exporter, not of...

        2. 2. The period of validity of an export permit or re-export...

        3. 3. Full name and address of the actual importer, not of...

        4. 5. To be left blank in the case of a personal...

        5. 6. For live specimens of Annex A species other than captive bred...

        6. 8. Description must be as precise as possible and include a...

        7. 9/10. Use the units of quantity and/or net mass in accordance...

        8. 11. Enter the number of the CITES Appendix (I, II or...

        9. 12. Enter the letter of the Annex to Regulation (EC) No 338/97...

        10. 13. Use one of the following codes to indicate the source:...

        11. 14. Use one of the following codes to indicate the purpose...

        12. 15 to 17. The country of origin is the country where the specimens...

        13. 18 to 20. The country of last re-export is, in the case of...

        14. 21. The scientific name must be in accordance with the standard...

        15. 23 to 25. For official use only.

        16. 26. The importer/(re)exporter or his agent must, where appropriate, indicate the...

        17. 27. To be completed by the customs office of introduction into...

      3. Instructions and explanations

        1. 1. Full name and address of the actual (re-)exporter, not of...

        2. 2. The period of validity of an export permit or re-export...

        3. 3. Full name and address of the actual importer, not of...

        4. 5. To be left blank in the case of a personal...

        5. 6. For live specimens of Annex A species other than captive bred...

        6. 8. Description must be as precise as possible and include a...

        7. 9/10. Use the units of quantity and/or net mass in accordance...

        8. 11. Enter the number of the CITES Appendix (I, II or...

        9. 12. Enter the letter of the Annex to Regulation (EC) No 338/97...

        10. 13. Use one of the following codes to indicate the source:...

        11. 14. Use one of the following codes to indicate the purpose...

        12. 15 to 17. The country of origin is the country where the specimens...

        13. 18 to 20. The country of last re-export is, in the case of...

        14. 21. The scientific name must be in accordance with the standard...

        15. 23 to 25. For official use only.

        16. 26. The importer/(re)exporter or his agent must, where appropriate, indicate the...

        17. 27. To be completed by the customs office of introduction into...

      4. Instructions and explanations

        1. 1. Full name and address of the actual (re-)exporter, not of...

        2. 2. Not applicable.

        3. 3. Full name and address of the actual importer, not of...

        4. 5. To be left blank in the case of a personal...

        5. 6. To be completed only on the application form in the...

        6. 8. Description must be as precise as possible and include a...

        7. 9/10. Use the units of quantity and/or net mass in accordance...

        8. 11. Enter the number of the CITES appendix (I, II or...

        9. 12. Enter the letter of the Annex to Regulation (EC) No 338/97...

        10. 13. Use one of the following codes to indicate the source:...

        11. 14. Use one of the following codes to indicate the purpose...

        12. 15 to 17. The country of origin is the country where the specimens...

        13. 18 to 20. The country of last re-export is, in the case of...

        14. 21. The scientific name must be in accordance with the standard...

        15. 23. Provide as many details as possible and justify any omissions...

    2. ANNEX II

      1. Instructions and explanations

        1. 1. Enter full name and address of importer or authorised representative....

        2. 4. The country of origin is the country where the specimens...

        3. 5. Only applies where the country from which the specimens are...

        4. 6. Description must be as precise as possible.

        5. 9. The scientific name must be the name used in Annex C...

        6. 10. Enter III for species listed in Appendix III to CITES....

        7. 12. Enter the letter (C or D) of the Annex to...

        8. 13. The importer has to submit the signed original (form 1)...

        9. 14. The customs office shall send the stamped original (form 1)...

      2. Instructions and explanations

        1. 1. Enter full name and address of importer or authorised representative....

        2. 4. The country of origin is the country where the specimens...

        3. 5. Only applies where the country from which the specimens are...

        4. 6. Description must be as precise as possible.

        5. 9. The scientific name must be the name used in Annex C...

        6. 10. Enter III for species listed in Appendix III to CITES....

        7. 12. Enter the letter (C or D) of the Annex to...

        8. 13. The importer has to submit the signed original (form 1)...

        9. 14. The customs office shall send the stamped original (form 1)...

    3. ANNEX III

      1. Instructions and explanations

        1. 1. A unique number should be generated by the issuing management...

        2. 2. The date of expiry of the document may not be...

        3. 3. Complete the full name, permanent address and country of the...

        4. 4. The name, address and country of the issuing management authority...

        5. 5. This block has been pre-printed to indicate the validity of...

        6. 6. This block has been pre-printed to indicate that cross-border movement...

        7. 7. This block has been pre-printed with the code Q for...

        8. 8. Where appropriate, indicate the number of the security stamp affixed...

        9. 9. The scientific name must be in accordance with the standard...

        10. 10. Describe, as precisely as possible, the specimen covered by the...

        11. 11. Indicate the total number of specimens. In the case of...

        12. 12. Enter the number of the Appendix to the Convention (I,...

        13. 13. Enter the letter of the Annex to Regulation (EC) No....

        14. 14. Use the codes below to indicate the source. This certificate...

        15. 15/16. The country of origin is the country where the specimens...

        16. 17. This block must contain the exhibition registration number.

        17. 18. Enter the date of acquisition only for specimens which were...

        18. 19. To be completed by the official who issues the certificate....

        19. 20. This block may be used to refer to national legislation...

        20. 21. This block has been pre-printed to refer to the attached...

      2. Instructions and explanations

        1. 3. Complete the full name, permanent address and country of the...

        2. 8. Where appropriate, indicate the number of the security stamp affixed...

        3. 9. The scientific name must be in accordance with the standard...

        4. 10. Describe, as precisely as possible, the specimen covered by the...

        5. 11. Indicate the total number of specimens. In the case of...

        6. 12. Enter the number of the Appendix to the Convention (I,...

        7. 13. Enter the letter of the Annex to Regulation (EC) No....

        8. 14. Use the codes below to indicate the source. This certificate...

        9. 15/16. The country of origin is the country where the specimens...

        10. 17. This block must contain the exhibition registration number.

        11. 18. Enter the date of acquisition only for specimens which were...

        12. 19. Provide as many details as possible and justify any omissions...

    4. ANNEX IV

    5. ANNEX V

      1. Instructions and explanations

        1. 1. Full name and address of the holder of the certificate,...

        2. 2. Only to be completed in case the import permit for...

        3. 4. Description must be as precise as possible and include a...

        4. 5/6. Use the units of quantity and/or net mass in accordance...

        5. 7. Enter the number of the CITES Appendix (I, II or...

        6. 8. Enter the letter of the Annex to Regulation (EC) No 338/97...

        7. 9. Use one of the following codes to indicate the source:...

        8. 10 to 12. The country of origin is the country where the specimens...

        9. 13 to 15. The Member State of import is, where applicable, the Member...

        10. 16. The scientific name must be in accordance with the standard...

      2. Instructions and explanations

        1. 1. Full name and address of the applicant for the certificate,...

        2. 2. To be completed only on the application form in the...

        3. 4. Description must be as precise as possible and include a...

        4. 5/6. Use the units of quantity and/or net mass in accordance...

        5. 7. Enter the number of the CITES Appendix (I, II or...

        6. 8. Enter the letter of the Annex to Regulation (EC) No 338/97...

        7. 9. Use one of the following codes to indicate the source:...

        8. 10 to 12. The country of origin is the country where the specimens...

        9. 13 to 15. The Member State of import is, where applicable, the Member...

        10. 16. The scientific name must be in accordance with the standard...

        11. 18. Provide as many details as possible and justify any omissions...

    6. ANNEX VI

    7. ANNEX VII

      1. Codes to be included in the description of specimens and...

    8. ANNEX VIII

      Standard references for nomenclature to be used pursuant to Article 5(4) to indicate scientific names of species in permits and certificates

      1. (a) Mammalia

      2. (b) Aves

      3. (c) Reptilia

      4. (d) Amphibia

      5. (e) Elasmobranchii, Actinopterygii & Sarcopterygii

      6. (f) Arachnida

      7. (g) Insecta

      8. FLORA

    9. ANNEX IX

      1. 1. Codes for the indication in permits and certificates of the...

      2. 2. Codes for the indication in permits and certificates of the...

    10. ANNEX X

      ANIMAL SPECIES REFERRED TO IN ARTICLE 62(1)

      1. Aves

        1. ANSERIFORMES

        2. GALLIFORMES

        3. COLUMBIFORMES

        4. PSITTACIFORMES

        5. PASSERIFORMES

    11. ANNEX XI

      Types of biological samples referred to in Article 18 and their use

    12. ANNEX XII

      Correlation Table

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