Amendments to Regulation (EC) No 865/2006
Article 2
Regulation (EC) No 865/2006 is amended as follows: (1) in the first paragraph of Article 5, point (5) is replaced by the following: ‘(5) where required, the purpose of a transaction must be determined applying the criteria set out in Article 5c and indicated on the relevant permit or certificate, using one of the codes contained in point 1 of Annex IX to this Regulation;’; (2) the following Article 5c is inserted: ‘Article 5c Purpose of transaction 1. The purpose of transaction shall be indicated using one of the codes contained in point 1 of Annex IX to this Regulation. 2. For an export permit, the nature of the transaction between the exporter and importer shall determine the purpose-of-transaction code. For a re-export certificate, the nature of the transaction between the re-exporter and importer shall determine the purpose-of-transaction code. The code shall indicate the reason why there is an exchange or movement of the specimen(s) from the exporter to the importer or from the re-exporter to the importer. 3. For an import permit or introduction-from-the-sea certificate, the intended use of the specimens by the importer shall determine the purpose-of-transaction code. The code shall indicate the reason why the importer has requested or is receiving the specimen. 4. When an export permit and an import permit or a re-export certificate and an import permit are issued, the purpose-of-transaction code used on the import permit may differ from that on the export permit or re-export certificate, respectively.’; (3) in Article 7, the following paragraph 7 is added: ‘7. Export permits and re-export certificates issued by third countries shall only be accepted if issued by the Management Authority officially designated as competent by the exporting or re-exporting Party.’; (4) in Article 10, the following paragraph 2b is inserted: ‘2b. When a species has been transferred to Appendix I to the Convention at a meeting of the Conference of the Parties, and the Union has not made a reservation on this transfer, the validity of any import or export permit or re-export certificate for specimens of that species shall not extend beyond the date of entry into force of the transfer to Appendix I.’; (5) in Article 11, the following paragraph 4a is inserted: ‘4a. Certificates as referred to in Article 48 which concern elephant ivory specimens and which were issued before 19 January 2022 shall cease to be valid on 19 January 2023.’; (6) in Article 48(1), the following point (e) is added: ‘(e) they are worked specimens containing elephant ivory that were acquired more than 50 years previously as defined in Article 2(w) of Regulation (EC) No 338/97.’; (7) in Article 52, paragraph 1 is replaced by the following: ‘1. The labels referred to in Article 2(6) of Implementing Regulation (EU) No 792/2012 shall be used only for the movement between duly registered scientists and scientific institutions of non-commercial loans, donations and exchanges of herbarium, diagnostic and forensic research specimens (as described in Annex XI to this Regulation), preserved, dried or embedded museum specimens and live plant material for scientific study.’; (8) in Article 62, point (3) is replaced by the following: ‘(3) worked specimens that were acquired more than 50 years previously, as defined in Article 2(w) of Regulation (EC) No 338/97, except specimens containing elephant ivory.’; (9) Article 69 is amended as follows: (a) the title is replaced by the following: ‘Reports on imports, exports and re-exports and on implementation.’; (b) in paragraph 1, the last sentence is deleted; (c) paragraph 6 is replaced by the following: ‘6. The information referred to in the first sentence of paragraph 5 shall be submitted in a computerised form and in accordance with the “Implementation Report Format” issued by the Secretariat of the Convention and amended by the Commission, one year before each meeting of the Conference of the Parties to the Convention, and shall correspond to the three-year period ending on 31 December of the previous year. The information referred to in the second subparagraph of paragraph 5, where it is not included in the communication pursuant to Article 15(4)(a) of Regulation (EC) No 338/97 or in the notification pursuant to Article 66(7), shall be submitted in a computerised form together with the communication pursuant to Article 15(4)(c).’; (10) Annex VII is amended as follows: (a) in the row for ‘Cosmetics’, the text in the column ‘explanation’ is replaced by the following: ‘Any product or mixture of products which is applied to an external part of the body only (e.g. skin, hair, nails, genitals, lips or teeth or the mucous membranes of the oral cavity) with the intent to clean, odorise, change the appearance or protect. Cosmetics may include the following: make-up, perfume, skin cream, nail polish, hair colorants, soap, shampoo, shaving cream, deodorant, sunscreens, toothpaste. The quantity should reflect the amount of CITES-listed species present.’; (b) in the row for ‘Fingerlings’, the text in the column ‘explanation’ is replaced by the following: ‘Live juvenile fish for the aquarium trade, aquaculture, hatcheries, consumption or for release, including live European eels ( Anguilla anguilla ) up to 12 cm in length.’; (11) Annex VIII is replaced by the text in Annex 2 to this Regulation; (12) in Annex IX, the following point Y is added: ‘Y Plant specimens obtained from assisted production, which are considered not to be “artificially propagated” as set out in Article 56, and also not considered to be taken from the wild because they are propagated or planted in an environment with some level of human intervention for the purpose of plant production.’; (13) Annex XI is replaced by the text in Annex 3 to this Regulation; (14) In Annex XIII, the following species are inserted after Ovis ammon : O. collium , O. darwini , O. jubata , O. karelini , O. polii , O. severtzovi .