Chapter XVI. MARKING REQUIREMENTS
Marking of specimens for the purpose of imports and commercial activities within the Community
- Import permits for the following items shall be issued only if the applicant has satisfied the competent management authority that the specimens have been individually marked in accordance with Article 66(6):
(a) specimens that derive from a captive breeding operation that was approved by the Conference of the Parties to the Convention;
(b) specimens that derive from a ranching operation that was approved by the Conference of the Parties to the Convention;
(c) specimens from a population of a species listed in Appendix I to the Convention for which an export quota has been approved by the Conference of the Parties to the Convention;
(d) raw tusks of African elephant and cut pieces thereof that are both 20 cm or more in length and 1 kg or more in weight;
(e) raw, tanned and/or finished crocodilian skins, flanks, tails, throats, feet, backstrips and other parts thereof that are exported to the Community, and entire raw, tanned, or finished crocodilian skins and flanks that are re-exported to the Community;
(f) live vertebrates of species listed in Annex A to Regulation (EC) No 338/97 that belong to a travelling exhibition;
(g) any container of caviar of Acipenseriformes spp., including tins, jars or boxes into which such caviar is directly packed.
- For the purposes of Article 8(5) of Regulation (EC) No 338/97, all containers of caviar as specified in point (g) of paragraph 1 of this Article shall be marked in accordance with Article 66(6) of this Regulation, subject to the additional requirements set out in Article 66(7) thereof.
Marking of specimens for the purpose of export and re-export
- Re-export certificates for specimens referred to in Article 64(1)(a) to (d) and (f) that were not substantially modified shall be issued only if the applicant has satisfied the management authority that the original marks are intact.
- Re-export certificates for entire raw, tanned, and/or finished crocodilian skins and flanks shall be issued only if the applicant has satisfied the management authority that the original tags are intact or, where the original tags have been lost or removed, the specimens have been marked with a re-export tag.
- Export permits and re-export certificates for any container of caviar as specified in point (g) of Article 64(1) shall be issued only if the container is marked in accordance with Article 66(6).
- Export permits shall be issued with regard to live vertebrates of species listed in Annex A to Regulation (EC) No 338/97 only if the applicant has satisfied the competent management authority that the relevant requirements laid down in Article 66 of this Regulation have been met. This does not apply to specimens of species listed in Annex X to this Regulation unless an annotation in Annex X prescribes marking.
- For the purposes of Articles 33(1), 40(1), 59(5), and 65(4), paragraphs 2 and 3 of this Article shall apply.
- Captive born and bred birds shall be marked in accordance with paragraph 8, or, where the competent management authority is satisfied that this method is not appropriate because of the physical or behavioural properties of the animal, by means of a uniquely numbered, unalterable microchip transponder conforming to ISO Standards 11784: 1996 (E) and 11785: 1996 (E).
- Live vertebrates other than captive born and bred birds shall be marked by means of a uniquely numbered unalterable microchip transponder conforming to ISO Standards 11784: 1996 (E) and 11785: 1996 (E), or, where the competent management authority is satisfied that this method is not appropriate because of the physical or behavioural properties of the specimen/species, the specimens concerned shall be marked by means of uniquely numbered rings, bands, tags, tattoos or similar means, or be made identifiable by any other appropriate means.
- Articles 33(1), 40(1), 48(2), 59(5) and 65(4) shall not apply where the competent management authority is satisfied that, at the time of issue of the relevant certificate, the physical properties of the specimens involved do not allow the safe application of any marking method.
Where that is the case, the management authority concerned shall issue a transaction-specific certificate and shall record that fact in box 20 of the certificate, or, where a marking method can be safely applied at a later date, shall include the appropriate stipulations therein.
Specimen-specific certificates, travelling exhibition certificates and personal ownership certificates shall not be issued in respect of live specimens covered by this paragraph.
- Specimens marked by means of a microchip transponder other than one conforming to ISO Standards 11784: 1996 (E) and 11785: 1996 (E) before 1 January 2002, or by means of one of the methods referred to in paragraph 3 before 1 June 1997, or in compliance with paragraph 6 before their introduction into the Community, shall be deemed to have been marked in compliance with paragraphs 2 and 3.
- The specimens referred to in Articles 64 and 65 shall be marked in accordance with the method approved or recommended by the Conference of the Parties to the Convention for the specimens concerned and, in particular, the containers of caviar referred to in Articles 57(5)(a), 64(1)(g), 64(2) and 65(3) shall be individually marked by means of non-reusable labels affixed to each primary container. Where the non-reusable label does not seal the primary container, the caviar shall be packaged in such a manner as to permit visual evidence of any opening of the container.
Caviar from different Acipenseriformes species shall not be mixed into a primary container, except in the case of pressed caviar (i.e. caviar composed of unfertilized eggs (roe) of one or more sturgeon or paddlefish species, remaining after the processing and preparation of higher quality caviar).
- Only those processing plants and (re-)packaging plants that are licensed by the management authority of a Member State shall be entitled to process and package or re-package caviar for export, re-export or intra-Community trade.
Licensed processing and (re-)packaging plants shall be required to maintain adequate records of the quantities of caviar imported, exported, re-exported, produced in situ or stored, as appropriate. These records must be available for inspection by the management authority in the relevant Member State.
A unique registration code shall be attributed to each such processing or (re-)packaging plant by that management authority.
The list of facilities licensed in accordance with this paragraph, as well as any changes thereto, shall be notified to the Secretariat of the Convention and to the Commission.
For the purpose of this paragraph processing plants shall include caviar producing aquaculture operations.
- Captive born and bred birds, as well as other birds born in a controlled environment shall be marked by means of a uniquely marked seamlessly closed leg-ring.
A seamlessly closed leg-ring refers to a ring or band in a continuous circle, without any break or join, which has not been tampered with in any way, of a size which cannot be removed from the bird when its leg is fully grown after having been applied in the first days of the bird’s life and which has been commercially manufactured for that purpose.
Humane marking methods
Where, in the territory of the Community, the marking of live animals requires the attachment of a tag, band, ring or other device, or the marking of a part of the animal’s anatomy, or the implantation of microchip transponders, this shall be undertaken with due regard to humane care, well-being and natural behaviour of the specimen concerned.
Mutual recognition of marking methods
- The competent authorities of the Member States shall recognise marking methods approved by the competent authorities of other Member States that comply with Article 66.
- Where a permit or certificate is required pursuant to this Regulation, full details of the marking of the specimen shall be provided on such a document.
Chapter XVII. REPORTS AND INFORMATION
Reports on imports, exports and re-exports
- Member States shall collect data on imports into and exports and re-exports from the Community that have taken place on the basis of permits and certificates issued by their management authorities, irrespective of the actual place of introduction or (re-)export.
Member States shall, in compliance with Article 15(4)(a) of Regulation (EC) No 338/97, report that information to the Commission, relating to a calendar year, in accordance with the time schedule set out in paragraph 4 of this Article, for species listed in Annexes A, B and C to that Regulation, in a computerised form and in accordance with the Guidelines for the preparation and submission of CITES annual reports issued by the Secretariat of the Convention.
The reports shall include information on seized and confiscated shipments.
- The information referred to in paragraph 1 shall be presented in two separate parts, as follows:
(a) a part on imports, exports and re-exports of specimens of species listed in the Appendices to the Convention;
(b) a part on imports, exports and re-exports of specimens of other species listed in Annexes A, B and C to Regulation (EC) No 338/97 and on the introduction into the Community of specimens of species listed in Annex D thereto.
- With regard to imports of shipments containing live animals, Member States shall, where possible, maintain records of the percentage of specimens of species listed in Annexes A and B to Regulation (EC) No 338/97 which were dead at the time of introduction into the Community.
- The information referred to in paragraphs 1, 2 and 3 shall be communicated to the Commission for each calendar year before 15 June of the following year on a species-by-species basis and per country of (re-)export.
- The information referred to in Article 15(4)(c) of Regulation (EC) No 338/97 shall include details on legislative, regulatory and administrative measures taken to implement and enforce the provisions of Regulation (EC) No 338/97 and of this Regulation.
In addition, Member States shall report on the following aspects:
(a) persons and bodies registered in accordance with Articles 18 and 19 of this Regulation;
(b) scientific institutions registered in accordance with Article 60 of this Regulation;
(c) breeders approved in accordance with Article 63 of this Regulation;
(d) caviar (re-)packaging plants licensed in accordance with Article 66(7) of this Regulation;
(e) their use of phytosanitary certificates in accordance with Article 17 of this Regulation;
(f) cases where export permits and re-export certificates were issued retrospectively in accordance with Article 15 of the Regulation.
- The information referred to in paragraph 5 shall be submitted in a computerised form and in accordance with the “Biennial Report Format” issued by the Secretariat of the Convention and as amended by the Commission, before 15 June each second year and shall correspond to the two-year period ending on 31st December of the previous year.
Amendments to the Annexes to Regulation (EC) No 338/97
- With a view to the preparation of amendments to Regulation (EC) No 338/97 pursuant to Article 15(5) of that Regulation, Member States shall, with regard to species already listed in the Annexes to that Regulation and those that may be eligible for listing, forward all relevant information to the Commission relating to the following aspects:
(a) their biological and trade status;
(b) the uses to which specimens of such species are put;
(c) methods of controlling specimens in trade.
- Any draft amendments to Annexes B or D to Regulation (EC) No 338/97 pursuant to Article 3(2)(c) or (d), or Article 3(4)(a) of that Regulation shall be submitted by the Commission to the Scientific Review Group, referred to in Article 17 of that Regulation, for advice before they are submitted to the Committee.
Chapter XVIII. FINAL PROVISIONS
Rejection of applications for import permits following the establishment of restrictions
- Immediately on the establishment of a restriction in accordance with Article 4(6) of Regulation (EC) No 338/97 and until such time as it is lifted, Member States shall reject applications for import permits concerning specimens exported from the affected country or countries of origin.
- By way of derogation from paragraph 1, an import permit may be issued where an application for an import permit was submitted prior to the establishment of the restriction, and the competent management authority of the Member State is satisfied that a contract or order exists for which payment has been made or as a result of which the specimens have already been shipped.
- The period of validity of an import permit issued under paragraph 2 shall not exceed one month.
- Save where otherwise provided, the restrictions referred to in paragraph 1 shall not apply to the following specimens:
(a) specimens born and bred in captivity in accordance with Articles 54 and 55, or artificially propagated in accordance with Article 56;
(b) specimens being imported for the purposes specified in Article 8(3)(e), (f) or (g) of Regulation (EC) No 338/97;
(c) specimens, alive or dead, that are part of the household possessions of persons moving into the Community to take up residence there.
- Certificates issued in accordance with Article 11 of Regulation (EEC) No 3626/82 and Article 22 of Commission Regulation (EEC) No 3418/83 <*> may continue to be used for the purposes of Articles 5(2)(b), 5(3)(b), (c) and (d), Article 5(4), and Article 8(3)(a) and (d) to (h) of Regulation (EC) No 338/97.
<*> OJ L 344, 7.12.1983, p. 1.
- Exemptions granted from the prohibitions laid down in Article 6(1) of Regulation (EEC) No 3626/82 shall remain valid until their last day of validity, where specified.
- Member States may continue to issue import and export permits, re-export certificates, travelling exhibition and personal ownership certificates in the forms laid out in Annexes I, III and IV, import notifications in the form laid out in Annex II and EU certificates in the form laid out in Annex V to Implementing Regulation (EU) No 792/2012 for one year after the entry into force of Commission Implementing Regulation (EU) 2015/57 <*>.
<*> Commission Implementing Regulation (EU) 2015/57 of 15 January 2015 amending Implementing Regulation (EU) No 792/2012 as regards the 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 in Commission Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 (OJ L 10, 16.1.2015, p. 19).
Notification of implementing provisions
Each Member State shall notify to the Commission and the Secretariat to the Convention the provisions which it adopts specifically for the application of this Regulation and all legal instruments used and measures taken for the application and enforcement thereof. The Commission shall communicate this information to the other Member States.
Regulation (EC) No 1808/2001 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex XII.
Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Приложения I – VI утратили силу – Имплементационный Регламент (ЕС) 792/2012 Европейской Комиссии от 23 августа 2012 г.
Codes to be included in the description of specimens and units of measure to be used in permits and certificates pursuant to Article 5(1) and (2)
|Description||Code||Preferred units||Alternative units||Explanation|
|Bark||BAR||kg||Tree bark (raw, dried or powdered; unprocessed)|
|Body||BOD||Number||kg||Substantially whole dead animals, including fresh or processed fish, stuffed turtles, preserved butterflies, reptiles in alcohol, whole stuffed hunting trophies, etc.|
|Bone||BON||kg||Number||Bones, including jaws|
|Calipee||CAL||kg||Calipee or calipash (turtle cartilage for soup)|
|Carapace||CAP||Number||kg||Raw or unworked whole shells of Testudinata species|
|Carving||CAR||kg||m3||Carvings (including wood, and including finished wood products such as furniture, musical instruments and handicrafts). NB: there are some species from which more than one type of product may be carved (e.g. horn and bone); where necessary, the description should therefore indicate the type of product (e.g. horn carving)|
|Caviar||CAV||kg||Unfertilised dead processed eggs from all species of Acipenseriformes; also known as roe|
|Chips||CHP||kg||Chips of timber, especially Aquilaria malaccensis and Pterocarpus santalinus|
|Claw||CLA||Number||kg||Claws – e.g. of Felidae, Ursidae or Crocodylia (NB: “turtle claws” are usually scales and not real claws)|
|Cloth||CLO||m2||kg||Cloth – If the cloth is not made entirely from the hair of a CITES species, the weight of hair of the species concerned should instead, if possible, be recorded under “HAI”|
|Coral (raw)||COR||kg||Number||Dead coral and coral rock, NB: the trade should be recorded by number of pieces only if the coral specimens are transported in water.|
|Culture||CUL||Number of flasks, etc.||Cultures of artificially propagated plants|
|Derivatives||DER||kg/l||Derivatives (other than those included elsewhere in this table)|
|Dried plant||DPL||Number||Dried plants – e.g. herbarium specimens|
|Ear||EAR||Number||Ears – Usually elephant|
|Egg||EGG||Number||kg||Whole dead or blown eggs, (see also caviar)|
|Egg (live)||EGL||Number||kg||Live eggs – usually birds and reptiles but includes fish and invertebrates|
|Eggshell||SHE||g/kg||Raw or unworked eggshell except whole eggs|
|Extract||EXT||kg||L||Extract – usually plant extracts|
|Feather||FEA||kg/Number of wings||Number||Feathers – in the case of objects (e.g. pictures) made of feathers, record the number of objects|
|Fibre||FIB||kg||M||Fibres – e.g. plant fibre but includes strings of tennis rackets|
|Fin||FIN||kg||Fresh, frozen or dried fins and parts of fins|
|Fingerlings||FIG||kg||Number||Juvenile fish of one or two years of age for the aquarium trade, hatcheries or for release operations|
|Flower pot||FPT||Number||Flower pots made from parts of a plant, e.g. treefern fibres (NB: live plants traded in so-called “community pots” should be recorded as “live plants”, not as flower pots)|
|Frogs’ legs||LEG||kg||Frog legs|
|Foot||FOO||Number||Feet – e.g. elephant, rhinoceros, hippopotamus, lion, crocodile, etc.|
|Gall bladder||GAB||Number||kg||Gall bladder|
|Garment||GAR||Number||Garments – including gloves and hats but not shoes. Includes trimming or decoration on garments|
|Genitalia||GEN||kg||Number||Castrates and dried penes|
|Graft rootstock||GRS||Number||Graft rootstocks (without the grafts)|
|Hair||HAI||kg||G||Hair – includes all animal hair, e.g. of elephant, yak, , guanaco|
|Horn||HOR||Number||kg||Horns – includes antlers|
|Leather product (small)||LPS||Number||Small manufactured products of leather, e.g. belts, braces, bicycle saddles, cheque book or credit card holders, earrings, handbags, key fobs, notebooks, purses, shoes tobacco pouches, wallets, watch-straps|
|Leather product (large)||LPL||Number||Large manufactured products of leather – e.g. briefcases, furniture, suitcases, travel trunks|
|Live||LIV||Number||Live animals and plants. Specimens of live coral transported in water should be recorded by number of pieces only.|
|Logs||LOG||m3||All wood in the rough, whether or not stripped of bark or sapwood, or roughly squared, for processing notably into sawn wood, pulpwood or veneer sheets. NB: trade in logs of special purpose timbers traded by weight (e.g. lignum vitae, Guaiacum spp.) should be recorded in kg.|
|Meat||MEA||kg||Meat, includes flesh of fish if not whole, (see “body”)|
|Oil||OIL||kg||L||Oil – e.g. from turtles, seals, whales, fish, various plants|
|Piece – bone||BOP||kg||Pieces of bone, not manufactured|
|Piece – horn||HOP||kg||Pieces of horn, not manufactured – includes scrap|
|Piece – ivory||IVP||kg||Ivory pieces, not manufactured – includes scrap|
|Plate||PLA||m2||Plates of fur-skins – includes rugs if made of several skins|
|Root||ROO||Number||kg||Roots, bulbs, corms or tubers|
|Sawn wood||SAW||m3||Wood simply sawn lengthwise or produced by a profile-chipping process; normally exceeds 6 mm in thickness. NB: trade in sawn wood of special purpose timbers traded by weight (e.g. lignum vitae, Guaiacum spp.) should be recorded in kg.|
|Scale||SCA||kg||Scale – e.g. of turtle, other reptiles, fish, pangolins|
|Shell||SHE||Number||kg||Raw or unworked shell of molluscs|
|Side||SID||Number||Sides or flanks of skins; does not include crocodilian Tinga frames (see under “skin”)|
|Skeleton||SKE||Number||Substantially whole skeletons|
|Skin||SKI||Number||Substantially whole skins, raw or tanned, including crocodilian Tinga frames|
|Skin piece||SKP||Number||Skin pieces – includes scraps, raw or tanned|
|Soup||SOU||kg||L||Soup – e.g. of turtle|
|Specimen (scientific)||SPE||kg/l/ml||Scientific specimens – includes blood, tissue, (e.g. kidney, spleen, etc.) histological preparations, etc.|
|Swim bladder||SWI||kg||Hydrostatic organ, including isinglass/sturgeon glue|
|Tail||TAI||Number||kg||Tails – e.g. of caiman (for leather) or fox (for garment trimming, collars, boas, etc.)|
|Tooth||TEE||Number||kg||Teeth – e.g. of whale, lion, hippopotamus, crocodile, etc.|
|Timber||TIM||m3||kg||Raw timber except saw-logs and sawn wood|
|Trophy||TRO||Number||Trophy – all the trophy parts of one animal if they are exported together: e.g. horns (2), skull, cape, backskin, tail and feet (i.e. 10 specimens) constitute one trophy. But if, for example, the skull and horns are the only specimens of an animal that are exported, then these items together should be recorded as one trophy. Otherwise the items should be recorded separately. A whole stuffed body is recorded under “BOD”. A skin alone is recorded under “SKI”.|
|Tusk||TUS||Number||kg||Substantially whole tusks, whether or not worked. Includes tusks of elephant, hippopotamus, walrus, narwhal, but not other teeth.|
|Veneer sheets||VEN||m3, m2||kg||Thin layers or sheets of wood of uniform thickness, usually 6 mm or less in thickness, usually peeled (rotary veneer) or sliced (sliced veneer), for use in making plywood, for veneering furniture, veneer containers, etc.|
|– rotary veneer|
|– slices veneer|
|Wax||WAX||kg||Wax, includes ambergris|
|Whole||WHO||kg||Number||Entire animal or plant (dead or alive)|
|Key to units (equivalent non-metric measurements may be used)|
|cm3||= cubic centimetres|
|m2||= square metres|
|m3||= cubic metres|
|Number||= number of specimens|