Совет ЕС о защите видов дикой фауны и флоры с помощью регулирования торговли ими (Часть 11)

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Chapter XVI. MARKING REQUIREMENTS

Article 64

Marking of specimens for the purpose of imports and commercial activities within the Community

 

  1. 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.

  1. 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.

 

Article 65

Marking of specimens for the purpose of export and re-export

 

  1. 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.
  2. 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.
  3. 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).
  4. 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.

 

Article 66

Marking methods

 

  1. For the purposes of Articles 33(1), 40(1), 59(5), and 65(4), paragraphs 2 and 3 of this Article shall apply.
  2. 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).
  3. 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.
  4. 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.

  1. 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.
  2. 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).

  1. 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.

  1. 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.

 

Article 67

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.

 

Article 68

Mutual recognition of marking methods

 

  1. 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.
  2. 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

Article 69

Reports on imports, exports and re-exports

 

  1. 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.

  1. 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.

  1. 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.
  2. 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.
  3. 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.

  1. 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.

 

Article 70

Amendments to the Annexes to Regulation (EC) No 338/97

 

  1. 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.

  1. 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

Article 71

Rejection of applications for import permits following the establishment of restrictions

 

  1. 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.
  2. 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.
  3. The period of validity of an import permit issued under paragraph 2 shall not exceed one month.
  4. 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.

 

Article 72

Transitional measures

 

  1. 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.

 

  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.
  2. 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).

 

Article 73

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.

 

Article 74

Repeal

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.

 

Article 75

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.

 

Примечание.

Приложения I — VI утратили силу — Имплементационный Регламент (ЕС) 792/2012 Европейской Комиссии от 23 августа 2012 г.

 

Annex VII

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 FLO kg Flowers
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
Fruit FRU kg Fruit
Foot FOO Number Feet — e.g. elephant, rhinoceros, hippopotamus, lion, crocodile, etc.
Gall GAL kg Gall
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.
Leaf LVS Number kg Leaves
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»)
Medicine MED kg/l Medicine
Musk MUS g Musk
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
Powder POW kg Powder
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
Seed SEE kg Seeds
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
Skull SKU Number Skulls
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.
Stem STE Number kg Plant stems
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)
g = grams
kg = kilograms
l = litres
cm3 = cubic centimetres
ml = millilitres
m = metres
m2 = square metres
m3 = cubic metres
Number = number of specimens

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