Commission Implementing Regulation (EU) No 792/2012
of 23 August 2012
laying down rules for the design of permits, certificates and other documents provided for in Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein and amending Commission Regulation (EC) No 865/2006
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein(1), and in particular Article 19(1) thereof,
Whereas:
(1) Provisions are required to implement Regulation (EC) No 338/97 and to ensure full compliance with the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), hereinafter ‘the Convention’.
(2) In order to ensure the uniform implementation of Regulation (EC) No 338/97 and 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(2), it is necessary to lay down models to which permits, certificates and other documents foreseen in those Regulations must correspond.
(3) At the 15th session of the Conference of the Parties to the Convention, held in Doha (Qatar) from 13 to 25 March 2010, a number of Resolutions were modified concerning, inter alia, the harmonisation in permits and certificates and amendments of source codes. It is therefore necessary to take those Resolutions into account and amend the models accordingly. Changes are also required in order to render those documents clearer for their users and national administrations.
(4) Uniform conditions for the use of those forms therefore need to be defined through models, instructions and explanations, to be used in conjunction with Regulation (EC) No 865/2006.
(5) Those uniform conditions should be adopted in accordance with the examination procedure provided for in Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers(3). It is therefore necessary that they are included in an Implementing Regulation that is distinct from Regulation (EC) No 865/2006.
(6) Regulation (EC) No 865/2006 should therefore be amended accordingly.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Committee on Trade in Wild Fauna and Flora,
HAS ADOPTED THIS REGULATION: