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
| Coming into Force | 19 January 2022 |
| Published date | 19 January 2022 |
| Celex Number | 02006R0865-20220119 |
| Date | 19 January 2022 |
02006R0865 — EN — 19.01.2022 — 006.001
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| ►B | 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 (OJ L 166 19.6.2006, p. 1) |
Amended by:
| Official Journal | ||||
| No | page | date | ||
| ►M1 | COMMISSION REGULATION (EC) No 100/2008 of 4 February 2008 | L 31 | 3 | 5.2.2008 |
| ►M2 | COMMISSION REGULATION (EU) No 791/2012 of 23 August 2012 | L 242 | 1 | 7.9.2012 |
| ►M3 | COMMISSION IMPLEMENTING REGULATION (EU) No 792/2012 of 23 August 2012 | L 242 | 13 | 7.9.2012 |
| M4 | COMMISSION REGULATION (EU) No 1283/2013 of 10 December 2013 | L 332 | 14 | 11.12.2013 |
| M5 | COMMISSION REGULATION (EU) 2015/56 of 15 January 2015 | L 10 | 1 | 16.1.2015 |
| ►M6 | COMMISSION REGULATION (EU) 2015/870 of 5 June 2015 | L 142 | 3 | 6.6.2015 |
| ►M7 | COMMISSION REGULATION (EU) 2019/220 of 6 February 2019 | L 35 | 3 | 7.2.2019 |
| ►M8 | COMMISSION REGULATION (EU) 2021/2280 of 16 December 2021 | L 473 | 1 | 30.12.2021 |
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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
CHAPTER I
DEFINITIONS
Article 1
Definitions
For the purposes of this Regulation, in addition to the definitions laid down in Article 2 of Regulation (EC) No 338/97, the following definitions shall apply:
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‘date of acquisition’ means the date on which a specimen was taken from the wild, born in captivity or artificially propagated, or, if such date is unknown, the earliest provable date on which it was possessed by any person;
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‘second-generation offspring (F2)’ and ‘subsequent generation offspring (F3, F4, and so on)’ means specimens produced in a controlled environment from parents that were also produced in a controlled environment, as distinct from specimens produced in a controlled environment from parents at least one of which was conceived in or taken from the wild (first-generation offspring (F1));
‘breeding stock’ means all the animals in a breeding operation that are used for reproduction;
‘controlled environment’ means an environment that is manipulated for the purpose of producing animals of a particular species, that has boundaries designed to prevent animals, eggs or gametes of the species from entering or leaving, and the general characteristics of which may include but are not limited to artificial housing, waste removal, health care, protection from predators and the artificial supply of food;
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‘cultivated parental stock’ means the ensemble of plants grown under controlled conditions that are used for reproduction, and which must have been, to the satisfaction of the competent management authority, in consultation with a competent scientific authority of the Member State concerned:
established in accordance with the provisions of CITES and relevant national laws and in a manner not detrimental to the survival of the species in the wild; and
maintained in sufficient quantities for propagation so as to minimise or eliminate the need for augmentation from the wild, with such augmentation occurring only as an exception and limited to the amount necessary to maintain the vigour and productivity of the cultivated parental stock;
‘hunting trophy’ means a whole animal, or a readily recognisable part or derivative of an animal, specified on any accompanying CITES permit or certificate that fulfils the following conditions:
is raw, processed or manufactured;
was legally obtained by the hunter through hunting for the hunter's personal use;
is being imported, exported or re-exported by or on behalf of the hunter, as part of the transfer from its country of origin, ultimately to the hunter's State of usual residence;
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‘a person normally residing in the Community’ means a person who lives in the Community for at least 185 days in each calendar year because of occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living;
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‘travelling exhibition’ means a sample collection, circus, menagerie, plant exhibition, orchestra or museums exhibition that is used for commercial display for the public;
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‘transaction-specific certificates’ means certificates issued in accordance with Article 48 that are valid only for one or more specified transactions;
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‘specimen-specific certificates’ means certificates issued in accordance with Article 48, other than transaction-specific certificates;
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‘sample collection’ means a collection of legally acquired dead specimens, parts and derivatives thereof, that are transported across borders for presentation purposes;
‘pre-Convention specimen’ means a specimen acquired before the species concerned was first included in the Appendices to the Convention.
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CHAPTER II
FORMS AND TECHNICAL REQUIREMENTS
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Article 4
Completion of forms
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However, applications for import and export permits, for re-export certificates, 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, for personal ownership certificates, for sample collection certificates, for musical instrument certificates and for travelling exhibition certificates as well as import notifications, continuation sheets and labels may be completed in manuscript, provided this is done legibly, in ink and in block capitals.
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Article 5
Contents of permits, certificates and applications for the issue of such documents
Information and references in permits and certificates, as well as in applications for the issue of such documents, shall comply with the following requirements:
the description of specimens must, where it is provided for, include one of the codes contained in Annex VII;
for the indication of units of quantity and net mass, those contained in Annex VII must be used;
the taxa to which the specimens belong must be indicated to species level except where the species is differentiated to subspecies level in accordance with the Annexes to Regulation (EC) No 338/97 or where the Conference of the Parties to the Convention has decided that differentiation to a higher taxonomic level is sufficient;
the standard references for nomenclature contained in Annex VIII to this Regulation must be used to indicate the scientific names of taxa;
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where required, the purpose of a transaction must be determined applying the criteria set out in Article 5c and indicated on the relevant permit or certificate, using one of the codes contained in point 1 of Annex IX to this Regulation;
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the source of specimens must be indicated using one of the codes contained in point 2 of Annex IX to this Regulation.
Where the use of the codes referred to in point (6) is subject to compliance with the criteria laid down in Regulation (EC) No 338/97 or in this Regulation, they must comply with those criteria.
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Article 5a
Specific content of permits, certificates and applications for plant specimens
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In case of plant specimens that cease to qualify for an exemption from the provisions of the Convention or Regulation (EC) No 338/97 in accordance with the ‘Notes on the interpretation of Annexes A, B, C and D’ in the Annex thereto, under which they were legally exported and imported, the country to be indicated in box 15 of the forms in Annexes I and III provided for in Implementing Regulation (EU) No 792/2012, box 4 of the forms in Annex II provided for in Implementing Regulation (EU) No 792/2012 and box 10 of the forms in Annex V provided for in Implementing Regulation (EU) No 792/2012 may be the...
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