European Commission
EU Wildlife Trade Regulations

Articles in Regulation (EC) No 338/97 and in Regulation (EC) No 865/2006

Regulation (EC) No 338/97 as amended
ARTICLECONTENT
Article 1Object
Article 2Definitions
Article 3Scope
Article 4Introduction into the EU
Article 5Export or re-export from the EU
Article 6Rejection of applications for permits and certificates referred to in Articles 4, 5 and 10
Article 7Derogation
Article 8Provisions relating the control of commercial activities
Article 9Movement of live specimens
Article 10Certificates to be issued
Article 11Validity of and special conditions for permits and certificates
Article 12Places of introduction and export
Article 13Management of scientific authorities and other competent authorities
Article 14Monitoring of compliance and investigation of infringements
Article 15Communication of information
Article 16Sanctions
Article 17The Scientific Review Group
Articles 18 and 19The Committee
Articles 20-22Final provisions
AnnexAnnexes A, B, C and D with notes on their interpretation
Regulation (EC) No 865/2006 as amended
ARTICLECONTENT
CHAPTER I — Definitions
Article 1Definitions
CHAPTER II — Forms and technical requirements
Article 2Forms
Article 3Technical specifications with regard to forms
Article 4Completion of forms
Article 5Contents of permits, certificates and applications for the issue of such documents
Article 5aSpecific content of permits, certificates and applications for plant specimens
Article 5bSpecific content of permits and certificates for live rhinoceros and live elephants
Article 6 Regulation (EU) No 791/2012)Annexes to forms
Article 7Permits and certificates issued by third countries
CHAPTER III — Issue, use and validity of documents
Article 8Issue and use of documents
Article 9Shipments of specimens
Article 10Validity of import and export permits, re-export certificates, travelling exhibition certificates, and personal ownership certificates
Article 11Validity of used import permits and of the certificates referred to in Articles 47, 48, 49, 60 and 63
Article 12Replacement of documents
Article 13Time of application for import and export permits and re-export certificates
Article 14Validity of documents from third countries
Article 15Retrospective issuance of certain documents
Article 16Specimens in transit through the EU
Article 17Issuance of phytosanitary certificates
Article 18Pre-issued permits and certificates with regard to certain trade in biological samples
Article 19Pre-issued permits and certificates with regard to export or re-export of dead specimens
CHAPTER IV — Import permits
Article 20Applications for import permits
Article 20a (inserted by paragraph 10 of Regulation (EC) No 100/2008)Rejection of applications for import permits
Article 21Import permits issued for specimens of species included in Appendix I to the Convention and listed in Annex A to Regulation (EC) No. 338/97
Article 22Documents to be surrendered by the importer to the Customs office
Article 23Handling by the Customs office
CHAPTER V — Import notifications
Article 24Documents to be surrendered by the importer to the Customs office
Article 25Handling by the Customs office
CHAPTER VI — Export permits and re-export certificates
Article 26Applications for export permits and re-export certificates
Article 26aApplications for export permits and re-export certificates
Article 27Documents to be surrendered by the (re-)exporter to the Customs office
Article 28Handling by the Customs office
Article 29Pre-issued permits for nurseries
CHAPTER VII — Travelling exhibition certificates
Article 30Issuance of travelling exhibition certificates
Article 31Use of travelling exhibition certificates
Article 32Issuing authority for travelling exhibition certificates
Article 33Conditions for travelling exhibition certificates
Article 34Application for travelling exhibition certificates
Article 35Documents to be surrendered by the holder of the travelling exhibition certificate to the Customs office
Article 36Replacement of travelling exhibition certificates
CHAPTER VIII — Personal ownership certificate
Article 37Issuance of personal ownership certificates
Article 38Use of personal ownership certificates
Article 39Issuing authority for personal ownership certificates
Article 40Conditions for a personal ownership certificate
Article 41Application for personal ownership certificates
Article 42Documents to be surrendered by the holder of personal ownership certificate to Customs office
Article 43Sales of specimens covered by personal ownership certificates
Article 44Replacement of personal ownership certificates
CHAPTER VIIIa — Sample collection certificates
Article 44aIssue
Article 44bUse
Article 44cIssuing authority
Article 44dRequirements
Article 44eApplications
Article 44fDocuments to be surrendered by the holder to the Customs office
Article 44gReplacement
CHAPTER VIIIb — Musical instrument certificates
Article 44hIssue
Article 44iUse
Article 44jIssuing authority
Article 44kRequirements for specimens
Article 44lApplications
Article 44mDocuments to be surrendered by the holder to the customs office
Article 44nSale of specimens covered
Article 44oReplacement
Article 44pIntroduction of musical instruments into the Union with certificates issued by third countries
CHAPTER IX — Customs procedure
Article 45Forwarding of documents presented to Customs offices
CHAPTER X — Certificates provided for in Article 5(2)(b), (3) and (4), Article 8(3) and Article 9(2)(b) of Regulation (EC) No 338/97
Article 46Issuing authority
Article 47Certificates provided for in Article 5(2)(b), (3) and (4) of Regulation (EC) No 338/97 (certificates required for export or re-export)
Article 48Certificate provided for in Article 8(3) of Regulation (EC) No 338/97 (certificate for commercial use)
Article 49Certificate provided for in Article 9(2)(b) of Regulation (EC) No 338/97 (certificate for movement of live specimens)
Article 50Application for the certificates provided for in Article 5(2)(b), (3) and (4), Article 8(3) and Article 9(2)(b) of Regulation (EC) No 338/97
Article 51Amendments to permits, notifications and certificates
CHAPTER XI — Labels
Article 52Use of labels
CHAPTER XII — Derogations from Customs procedures referred to in Article 4(7) of Regulation (EC) No 338/97
Article 53Customs offices other than the border Customs office at the point of introduction
CHAPTER XIII — Specimens born and bred in captivity and artificially propagated specimens
Article 54Specimens born and bred in captivity of animal species
Article 55Establishment of ancestry
Article 56Artificially propagated specimens of plant species
CHAPTER XIV — Personal and household effects
Article 57Introduction and reintroduction into the Community of personal and household effects
Article 58Export and re-export from the EU of personal and household effects
Article 58aCommercial use of personal and household effects within the EU
CHAPTER XV — Exemptions and derogations
Article 59Exemptions from Article 8(1) of Regulation (EC) No 338/97 laid down in Article 8(3) thereof
Article 60Derogation from Article 8(1) of Regulation (EC) No 338/97 for the benefit of scientific institutions
Article 61Exemptions from Article 8(1) and (3) of Regulation (EC) No 338/97
Article 62General exemptions from Article 8(1) and (3) of Regulation (EC) No 338/97
Article 63Pre-issued certificates under Article 8(3) of Regulation (EC) No 338/97
CHAPTER XVI — Marking requirements
Article 64Marking of specimens for the purpose of imports
Article 65Marking of specimens for the purpose of export and re-export
Article 66Marking methods
Article 67Humane marking methods
Article 68Mutual recognition of marking methods
CHAPTER XVII — Reports and information
Article 69Reports on imports, exports and re-exports
Article 70Amendments to the Annexes to Regulation (EC) No 338/97
CHAPTER XVIII — Final provisions
Article 71Rejection of applications for import permits
Article 72Transitional measures
Article 73Notification of implementing provisions
Article 74Repeal
Article 75Entry into force
Annexes
Annex IModel form for import/ export/ re-export and “other” certificate
Annex IIModel import notification
Annex IIIModel travelling exhibition certificate
Annex IVModel continuation sheet
Annex VModel internal trade certificate
Annex VIModel label for scientific exchanges
Annex VIIDescription codes
Annex VIIIStandard nomenclature references
Annex IXSource and purpose codes
Annex XAnimal species referred to in Article 62(1)
Annex XITypes of biological samples referred to in Article 18 and their use
Annex XIICorrelation Table (corresponding articles of current version of Regulation (EC) No 865/2006 and the previous version of this legislation)
Annex XIIISpecies and populations referred to in Article 57(3a)
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