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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.The derogation from Article 4 of Regulation (EC) No 338/97 for personal or household effects, provided for in Article 7(3) of that Regulation, shall not apply to specimens used for commercial gain, sold, displayed for commercial purposes, kept for sale, offered for sale or transported for sale.
That derogation shall only apply to specimens, including hunting trophies, if they meet one of the following conditions:
(a)they are contained in the personal luggage of travellers coming from a third country;
(b)they are contained in the personal property of a natural person transferring his normal place of residence from a third country to [F2Great Britain];
(c)they are hunting trophies taken by a traveller and imported at a later date.
2.The derogation from Article 4 of Regulation (EC) No 338/97 for personal or household effects, provided for in Article 7(3) of that Regulation, shall not apply to specimens of species listed in Annex A thereto where they are introduced into [F3Great Britain] for the first time by a person normally residing in, or taking up residence in, [F3Great Britain].
3.The first introduction into [F4Great Britain] of personal or household effects, including hunting trophies, by a person normally residing in [F4Great Britain] and involving specimens of species listed in Annex B to Regulation (EC) No 338/97 shall not require the presentation to customs of an import permit, provided that the original of a (re-)export document and a copy thereof are presented.
F5...
[F63a.By way of derogation from paragraph 3, the first introduction into [F7Great Britain] of hunting trophies of specimens of species or populations listed in Annex B to Regulation (EC) No 338/97 and in Annex XIII to this Regulation shall be subject to Article 4 of Regulation (EC) No 338/97.]
4.The reintroduction into [F8Great Britain], by a person normally residing in [F8Great Britain], of personal or household effects, including hunting trophies, that are specimens of species listed in Annex A or B to Regulation (EC) No 338/97 shall not require the presentation to customs of an import permit, provided that one of the following is presented:
(a)the customs-endorsed ‘copy for the holder’ (form 2) of a previously used [F9import or export permit issued in Great Britain];
(b)the copy of the (re-)export document referred to in paragraph 3;
(c)proof that the specimens were acquired within [F8Great Britain].
[F105.By way of derogation from paragraphs 3 and 4, the introduction or re-introduction into [F11Great Britain] of the following items listed in Annex B to Regulation (EC) No 338/97 shall not require the presentation of a (re-)export document or an import permit:
(a)caviar of sturgeon species ( Acipenseriformes spp.), up to a maximum of 125 grams per person, in containers that are individually marked in accordance with Article 66(6);
(b)rainsticks of Cactaceae spp., up to three per person;
(c)dead worked specimens of Crocodylia spp., excluding meat and hunting trophies, up to four per person;
(d)shells of Strombus gigas , up to three per person;
(e) Hippocampus spp. up to four dead specimens per person;
(f)shells of Tridacnidae spp. up to three specimens per person not exceeding three kg in total, where a specimen may be one intact shell or two matching halves[F12;]
[F6(g)specimens of agarwood ( Aquilaria spp. and Gyrinops spp.) — up to 1 kg woodchips, 24 ml oil, and two sets of beads or prayer beads (or two necklaces or bracelets) per person.]]
Textual Amendments
F1Words in Art. 57 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(57)(a)
F2Words in Art. 57(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(57)(a)
F3Words in Art. 57(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(57)(a)
F4Words in Art. 57(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(57)(b)(i)
F5Words in Art. 57(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(57)(b)(ii)
F6Inserted by Commission Regulation (EU) 2015/870 of 5 June 2015 amending, as regards the trade in species of wild fauna and flora, Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97.
F7Words in Art. 57(3a) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(57)(c)
F8Words in Art. 57(4) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(57)(a)
F9Words in Art. 57(4)(a) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(57)(d)
F10Substituted 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.
F11Words in Art. 57(5) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(57)(a)
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