02012R0792 — GA — 19.01.2022 — 002.004

Is áis doiciméadúcháin amháin an téacs seo agus níl aon éifeacht dhlíthiúil aige. Ní ghabhann institiúidí an Aontais aon dliteanas orthu féin i leith inneachar an téacs. Is iad na leaganacha de na gníomhartha a foilsíodh in Iris Oifigiúil an Aontais Eorpaigh agus atá ar fáil ar an suíomh gréasáin EUR-Lex na leaganacha barántúla de na gníomhartha ábhartha, brollach an téacs san áireamh. Is féidir teacht ar na téacsanna oifigiúla sin ach na naisc atá leabaithe sa doiciméad seo a bhrú

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

(IO L 242 7.9.2012, lch. 13)

Arna leasú le:

		Iris Oifigiúil
		Uimh	Leathanach	Dáta
►M1	COMMISSION IMPLEMENTING REGULATION (EU) 2015/57 of 15 January 2015 (*)	L 10	19	16.1.2015
►M2	RIALACHÁN CUR CHUN FEIDHME (AE) 2021/2281 ÓN gCOIMISIÚN an 16 Nollaig 2021	L 473	131	30.12.2021

Arna cheartú le:

►C1	Ceartúchán, IO L 294, 24.10.2012, lch. 10 (792/2012)

(*)	Níor foilsíodh an gníomh seo i nGaeilge

▼B

COMMISSION IMPLEMENTING REGULATION (EU) No 792/2012

of 23 August 2012

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;

▼M1

(5a)

musical instrument certificates;

▼B

(6)

import notifications;

(7)

travelling exhibition certificates;

▼M1

(8)

continuation sheets for personal ownership certificates, for travelling exhibition certificates and for musical instrument certificates;

▼B

(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

▼M1

The forms on which import permits, export permits, re-export certificates, personal ownership certificates, sample collection certificates and musical instrument 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.

▼B

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.

▼M2

Go dtí an 19 Eanáir 2023, féadfar fógraí allmhairithe a tharraingt suas trí úsáid na bhfoirmeacha a leagtar amach in Iarscríbhinn II sa leagan atá i bhfeidhm an 18 Eanáir 2022.

▼B

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.

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.

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.

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

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.

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.

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.

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.

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.

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

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.

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.

ANNEX I

Instructions and explanations

▼M1

1. Full name and address of the actual (re-)exporter, not of an agent. In the case of a personal ownership certificate or of a musical instrument certificate, the full name and address of the legal owner. In the case of a musical instrument certificate, if the applicant is different from the legal owner, the full name and address of both the owner and of the applicant should be included in the form and a copy of a loan agreement between owner and applicant should be provided to the relevant permit issuing authority.

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 and of a musical instrument 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 or of a musical instrument certificate.

5. To be left blank in the case of a personal ownership certificate or of a musical instrument certificate.

▼B

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.

▼M1

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. In the case of a musical instrument certificate, the description of the instrument should allow the competent authority to verify that the certificate corresponds to the specimen being imported or exported, and the description should include elements such as the manufacturer's name, the serial number or other means of identification such as photographs.

▼B

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

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 ()

U	Source unknown (must be justified)

▼M1

X	Specimens taken in the marine environment not under the jurisdiction of any State

▼M2

Eiseamail plandaí a fuarthas trí tháirgeadh cúnta, a mheastar nach plandaí iad ‘a iomadaíodh go saorga’ mar a leagtar amach in Airteagal 56 de Rialachán (CE) Uimh. 865/2006 ( 2 ), agus a mheastar freisin nach plandaí iad a gabhadh ón bhfiántas ós rud é go ndéantar iad a iomadú nó a chur i dtimpeallacht ina bhfuil leibhéal éigin d’idirghabháil ón duine chun críoch an táirgthe planda.

▼B

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

Personal

▼M1

Q	Travelling exhibitions (sample collection, circus, menagerie, plant exhibition, orchestra or museums exhibition that is used for commercial display for the public)

▼B

S	Scientific

T	Commercial

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.