EUR-Lex Access to European Union law

Back to EUR-Lex homepage

This document is an excerpt from the EUR-Lex website

Document 32012R0792

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

OJ L 242, 7.9.2012, p. 13–45 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

This document has been published in a special edition(s) (HR)

Legal status of the document In force: This act has been changed. Current consolidated version: 19/01/2022

ELI: http://data.europa.eu/eli/reg_impl/2012/792/oj

7.9.2012   

EN

Official Journal of the European Union

L 242/13


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:

Article 1

General provision

The design and technical specifications with regard to forms for permits, certificates and other documents provided for in Regulation (EC) No 338/97 and Regulation (EC) No 865/2006 are described in this Regulation. The design and technical specifications are specified for the following documents:

(1)

import permits;

(2)

export permits;

(3)

re-export certificates;

(4)

personal ownership certificates;

(5)

sample collection certificates;

(6)

import notifications;

(7)

travelling exhibition certificates;

(8)

continuation sheets for personal ownership certificates and for travelling exhibition certificates;

(9)

certificates provided for in paragraphs 2(b), 3 and 4 of Article 5 of Regulation (EC) No 338/97, and in Articles 8(3) and 9(2)(b) thereof;

(10)

labels referred to in Article 7(4) of Regulation (EC) No 338/97.

Article 2

Forms

1.   The forms on which import permits, export permits, re-export certificates, personal ownership certificates and sample collection certificates and applications for such documents are drawn up shall conform, except as regards spaces reserved for national use, to the model set out in Annex I.

2.   The forms on which import notifications are drawn up shall conform, except as regards spaces reserved for national use, to the model set out in Annex II. They may contain a serial number.

3.   The forms on which travelling exhibition certificates and applications for such documents are drawn up shall conform, except as regards spaces reserved for national use, to the model set out in Annex III.

4.   The forms on which continuation sheets for personal ownership certificates and for travelling exhibition certificates are drawn up shall conform to the model set out in Annex IV.

5.   The forms on which the certificates provided for in paragraphs 2(b), 3 and 4 of Article 5 of Regulation (EC) No 338/97 and in Articles 8(3) and 9(2)(b) thereof and applications for such certificates are drawn up shall conform to the model set out in Annex V to this Regulation, except as regards spaces reserved for national use.

Member States may, however, provide that, instead of the pre-printed text, boxes 18 and 19 are to contain only the relevant certification or authorisation, or both.

6.   The form of the labels referred to in Article 7(4) of Regulation (EC) No 338/97 shall conform to the model set out in Annex VI to this Regulation.

Article 3

Technical specifications with regard to forms

1.   The paper used for the forms referred to in Article 2 shall be free of mechanical pulp and dressed for writing purposes, and shall weigh at least 55 g/m2.

2.   The size of the forms referred to in Article 2(1) to (5) shall be 210 x 297 mm (A4) with a maximum tolerance as to length of 18 mm less and 8 mm more.

3.   The colour of the paper used for the forms referred to in Article 2(1) shall be as follows:

(a)

white for form 1, the original, with a guilloche pattern background, printed in grey on the front, so as to reveal any falsification by mechanical or chemical means;

(b)

yellow for form 2, the copy for the holder;

(c)

pale green for form 3, the copy for the exporting or re-exporting country in the case of an import permit, or the copy for return by customs to the issuing management authority in the case of an export permit or re-export certificate;

(d)

pink for form 4, the copy for the issuing management authority;

(e)

white for form 5, the application.

4.   The colour of the paper used for the forms referred to in Article 2(2) shall be as follows:

(a)

white for form 1, the original;

(b)

yellow for form 2, the copy for the importer.

5.   The colour of the paper used for the forms referred to in Article 2(3) and (5) shall be as follows:

(a)

yellow for form 1, the original, with a guilloche pattern background, printed in grey on the front, so as to reveal any falsification by mechanical or chemical means;

(b)

pink for form 2, the copy for the issuing management authority;

(c)

white for form 3, the application.

6.   The colour of the paper used for the continuation sheets and labels referred to in Article 2(4) and (6) respectively shall be white.

7.   The forms referred to in Article 2 shall be printed and completed in one of the official Union languages as specified by the management authorities of each Member State. They shall, where necessary, contain a translation of their contents in one of the official working languages of the Convention.

8.   Member States shall be responsible for the printing of the forms referred to in Article 2, which, in the case of the forms referred to in Article 2(1) to (5), may be part of a computerised permit/certificate issuing process.

Article 4

Regulation (EC) No 865/2006 is amended as follows:

(1)

Articles 2 and 3 are deleted;

(2)

Annexes I to VI are deleted.

Article 5

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 27 September 2012.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 August 2012.

For the Commission

The President

José Manuel BARROSO


(1)   OJ L 61, 3.3.1997, p. 1.

(2)   OJ L 166, 19.6.2006, p. 1.

(3)   OJ L 55, 28.2.2011, p. 13.


ANNEX I

Image 1
Text of image

Instructions and explanations

1.

Full name and address of the actual (re-)exporter, not of an agent. In the case of a personal ownership certificate, the full name and address of the legal owner.

2.

The period of validity of an export permit or re-export certificate shall not exceed six months and of an import permit 12 months. The period of validity of a personal ownership certificate shall not exceed three years. After its last day of validity, this document is void and the original and all copies must be returned by the holder to the issuing management authority without undue delay. An import permit is not valid where the corresponding CITES document from the (re-)exporting country was used for (re-)export after its last day of validity or if the date of introduction into the Union is more than six months from its date of issue.

3.

Full name and address of the actual importer, not of an agent. To be left blank in the case of a personal ownership certificate.

5.

To be left blank in the case of a personal ownership certificate.

6.

For live specimens of Annex A species other than captive bred or artificially propagated specimens, the issuing authority may prescribe the location at which they are to be kept by including details thereof in this box. Any movement, except for urgent veterinary treatment and provided the specimens are returned directly to their authorised location, then requires prior authorisation from the competent management authority.

8.

Description must be as precise as possible and include a three-letter code in accordance with Annex VII to Regulation (EC) No 865/2006 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.

9/10.

Use the units of quantity and/or net mass in accordance with those contained in Annex VII to Regulation (EC) No 865/2006.

11.

Enter the number of the CITES Appendix (I, II or III) in which the species is listed at the date of issue of the permit/certificate.

12.

Enter the letter of the Annex to Regulation (EC) No 338/97 (A, B or C) in which the species is listed at the date of issue of the permit/certificate.

13.

Use one of the following codes to indicate the source:

W

Specimens taken from the wild

R

Specimens of animals reared in a controlled environment, taken as eggs or juveniles from the wild, where they would otherwise have had a very low probability of surviving to adulthood

D

Annex A animals bred in captivity for commercial purposes in operations included in the Register of the CITES Secretariat, in accordance with Resolution Conf. 12.10 (Rev. CoP15), and Annex A plants artificially propagated for commercial purposes in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof

A

Annex A plants artificially propagated for non-commercial purposes and Annexes B and C plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof

C

Animals bred in captivity in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof

F

Animals born in captivity, but for which the criteria of Chapter XIII of Regulation (EC) No 865/2006 are not met, as well as parts and derivatives thereof

I

Confiscated or seized specimens (1)

O

Pre-convention (1)

U

Source unknown (must be justified)

14.

Use one of the following codes to indicate the purpose for which the specimens are to be (re-)exported/imported:

B

Breeding in captivity or artificial propagation

E

Educational

G

Botanical gardens

H

Hunting trophies

L

Law enforcement/judicial/forensic

M

Medical (including bio-medical research)

N

Reintroduction or introduction into the wild

P

Personal

Q

Circuses and travelling exhibitions

S

Scientific

T

Commercial

Z

Zoos

15 to 17.

The country of origin is the country where the specimens were taken from the wild, born and bred in captivity or artificially propagated. Where this is a third country, boxes 16 and 17 must contain details of the relevant permit. Where specimens originating in a Member State of the Union are exported from another, only the name of the Member State of origin must be mentioned in box 15.

18 to 20.

The country of last re-export is, in the case of a re-export certificate, the re-exporting third country from which the specimens were imported before being re-exported from the Union. In the case of an import permit, it is the re-exporting third country from which the specimens are to be imported. Boxes 19 and 20 must contain details of the relevant re-export certificate.

21.

The scientific name must be in accordance with the standard references for nomenclature referred to in Annex VIII to Regulation (EC) No 865/2006.

23 to 25.

For official use only.

26.

The importer/(re)exporter or his agent must, where appropriate, indicate the number of the bill of lading or air waybill.

27.

To be completed by the customs office of introduction into the Union or that of (re-)export as appropriate. In the case of introduction, the original (form 1) must be returned to the management authority of the Member State concerned and the copy for the holder (form 2) to the importer In the case of (re-)export, the copy for return by customs to the issuing authority (form 3) must be returned to the management authority of the Member State concerned and the original (form 1) and the copy for the holder (form 2) to the (re-)exporter.
Image 2
Text of image

Instructions and explanations

1.

Full name and address of the actual (re-)exporter, not of an agent. In the case of a personal ownership certificate, the full name and address of the legal owner.

2.

The period of validity of an export permit or re-export certificate shall not exceed six months and of an import permit 12 months. The period of validity of a personal ownership certificate shall not exceed three years. After its last day of validity, this document is void and the original and all copies must be returned by the holder to the issuing management authority without undue delay. An import permit is not valid where the corresponding CITES document from the (re-)exporting country was used for (re-)export after its last day of validity or if the date of introduction into the Union is more than six months from its date of issue.

3.

Full name and address of the actual importer, not of an agent. To be left blank in the case of a personal ownership certificate.

5.

To be left blank in the case of a personal ownership certificate.

6.

For live specimens of Annex A species other than captive bred or artificially propagated specimens, the issuing authority may prescribe the location at which they are to be kept by including details thereof in this box. Any movement, except for urgent veterinary treatment and provided the specimens are returned directly to their authorised location, then requires prior authorisation from the competent management authority.

8.

Description must be as precise as possible and include a three-letter code in accordance with Annex VII to Regulation (EC) No 865/2006 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.

9/10.

Use the units of quantity and/or net mass in accordance with those contained in Annex VII to Regulation (EC) No 865/2006.

11.

Enter the number of the CITES Appendix (I, II or III) in which the species is listed at the date of issue of the permit/certificate.

12.

Enter the letter of the Annex to Regulation (EC) No 338/97 (A, B or C) in which the species is listed at the date of issue of the permit/certificate.

13.

Use one of the following codes to indicate the source:

W

Specimens taken from the wild

R

Specimens of animals reared in a controlled environment, taken as eggs or juveniles from the wild, where they would otherwise have had a very low probability of surviving to adulthood

D

Annex A animals bred in captivity for commercial purposes in operations included in the Register of the CITES Secretariat, in accordance with Resolution Conf. 12.10 (Rev. CoP15), and Annex A plants artificially propagated for commercial purposes in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof

A

Annex A plants artificially propagated for non-commercial purposes and Annexes B and C plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof

C

Animals bred in captivity in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof

F

Animals born in captivity, but for which the criteria of Chapter XIII of Regulation (EC) No 865/2006 are not met, as well as parts and derivatives thereof

I

Confiscated or seized specimens (2)

O

Pre-convention (2)

U

Source unknown (must be justified)

14.

Use one of the following codes to indicate the purpose for which the specimens are to be (re-)exported/imported:

B

Breeding in captivity or artificial propagation

E

Educational

G

Botanical gardens

H

Hunting trophies

L

Law enforcement/judicial/forensic

M

Medical (including bio-medical research)

N

Reintroduction or introduction into the wild

P

Personal

Q

Circuses and travelling exhibitions

S

Scientific

T

Commercial

Z

Zoos

15 to 17.

The country of origin is the country where the specimens were taken from the wild, born and bred in captivity or artificially propagated. Where this is a third country, boxes 16 and 17 must contain details of the relevant permit. Where specimens originating in a Member State of the Union are exported from another, only the name of the Member State of origin must be mentioned in box 15.

18 to 20.

The country of last re-export is, in the case of a re-export certificate, the re-exporting third country from which the specimens were imported before being re-exported from the Union. In the case of an import permit, it is the re-exporting third country from which the specimens are to be imported. Boxes 19 and 20 must contain details of the relevant re-export certificate.

21.

The scientific name must be in accordance with the standard references for nomenclature referred to in Annex VIII to Regulation (EC) No 865/2006.

23 to 25.

For official use only.

26.

The importer/(re)exporter or his agent must, where appropriate, indicate the number of the bill of lading or air waybill.

27.

To be completed by the customs office of introduction into the Union or that of (re-)export as appropriate. In the case of introduction, the original (form 1) must be returned to the management authority of the Member State concerned and the copy for the holder (form 2) to the importer In the case of (re-)export, the copy for return by customs to the issuing authority (form 3) must be returned to the management authority of the Member State concerned and the original (form 1) and the copy for the holder (form 2) to the (re-)exporter.