LegalizeCommission Implementing Regulation (EU) 2025/132 of 28 January 2025 amending Implementing Regulation (EU) No 792/2012 as regards the inclusion of a reference to musical instruments certificates and explanations for the use of forms
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| Image omitted; see official source | Official Journal of the European Union | EN L series |
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| 2025/132 | 29.1.2025 |
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) Commission Implementing Regulation (EU) No 792/2012 2 should be aligned with relevant resolutions adopted or amended by the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (‘the Convention’).
- (2) In line with CITES Resolution Conf. 16.8, Commission Implementing Regulation (EU) 2015/57 3 amended Article 1 and Article 2(2) of the Implementing Regulation (EU) No 792/2012 and Annex IV thereto, to allow specific certificates to be issued for musical instruments to simplify their non-commercial cross-border movements.
- (3) A similar amendment is necessary to align Article 2(4) of Regulation (EU) No 792/2012.
- (4) Implementing Regulation (EU) No 792/2012 lays down models to which permits, certificates and other documents set out in Regulation (EC) No 865/2006 are to correspond. Regulation (EC) No 865/2006 is being amended with regard to the purpose of transaction and source codes. Explanations for the use of forms in Annexes I, II, III and V to Regulation (EC) No 792/2012 should be amended accordingly. Amendments to both Regulations should apply as of the same day.
- (5) 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
Implementing Regulation (EU) No 792/2012 is amended as follows:
- (1) Article 2(4) is replaced by the following:
‘4. The forms on which continuation sheets are drawn up for personal ownership certificates, travelling exhibition certificates and musical instrument certificates shall conform to the model set out in Annex IV.’
- (2) Annexes I, II, III and V are amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of 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.
Done at Brussels, 28 January 2025.
For the Commission
The President
Ursula VON DER LEYEN
2
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, ELI: http://data.europa.eu/eli/reg_impl/2012/792/oj).
3
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, ELI: http://data.europa.eu/eli/reg_impl/2015/57/oj).
ANNEX
The Annexes to Implementing Regulation (EU) No 792/2012 are amended as follows:
- (1) Annex I is amended as follows:
- (a) in point 13 of the ‘Instructions and explanations’ referring to ‘1 – Original’, rows D and A are replaced by the following:
| ‘D | Specimens of animal species listed in Appendix I to the Convention that are bred in captivity for commercial purposes in operations included in the register of operations that breed Appendix I animal species for commercial purposes, which is maintained by the Secretariat of the Convention, as well as parts and derivatives thereof, and specimens of plant species listed in Appendix I to the Convention that are artificially propagated for commercial purposes in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof. |
| A | Plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof.’ |
- (b) in point 14 of the ‘Instructions and explanations’ referring to ‘1 – Original’, rows E, L, M, N and Z are replaced by the following:
| ‘E | Educational. Where the transaction is for the purpose of use in educational and training programs or for display in an institution with a primarily educational remit. |
| L | Law enforcement/judicial/forensic. Where the transaction is for the purpose of transfer of specimens between, or in support of, government agencies for law enforcement, judicial or forensic purposes. |
| M | Medical (including bio-medical research). Where the transaction is for the purpose of medical or veterinary testing, diagnosis, treatment or research, including biomedical research. |
| N | Reintroduction or introduction into the wild. Where the transaction is for the purpose of reinforcement and reintroduction within a species’ natural and historical range, and for conservation introductions, comprising assisted colonization and ecological replacement, outside the species’ natural and historical range. |
| Z | Zoos. Where the transaction is for the purpose of movement of a specimen to a zoo and/or aquarium or by a zoo and/or aquarium for public display, care, reproduction, public education and awareness, scientific research, rescue, rehabilitation, or conservation.’ |
- (c) in point 13 of the ‘Instructions and explanations’ referring to ‘2 – Copy for the holder’, rows D and A are replaced by the following:
| ‘D | Specimens of animal species listed in Appendix I to the Convention that are bred in captivity for commercial purposes in operations included in the register of operations that breed Appendix I animal species for commercial purposes, which is maintained by the Secretariat of the Convention, as well as parts and derivatives thereof, and specimens of plant species listed in Appendix I to the Convention that are artificially propagated for commercial purposes in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof. |
| A | Plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof.’ |
- (d) in point 14 of the ‘Instructions and explanations’ referring to ‘2 – Copy for the holder’, rows E, L, M, N and Z are replaced by the following:
| ‘E | Educational. Where the transaction is for the purpose of use in educational and training programs or for display in an institution with a primarily educational remit. |
| L | Law enforcement/judicial/forensic. Where the transaction is for the purpose of transfer of specimens between, or in support of, government agencies for law enforcement, judicial or forensic purposes. |
| M | Medical (including bio-medical research). Where the transaction is for the purpose of medical or veterinary testing, diagnosis, treatment or research, including biomedical research. |
| N | Reintroduction or introduction into the wild. Where the transaction is for the purpose of reinforcement and reintroduction within a species’ natural and historical range, and for conservation introductions, comprising assisted colonization and ecological replacement, outside the species’ natural and historical range. |
| Z | Zoos. Where the transaction is for the purpose of movement of a specimen to a zoo and/or aquarium or by a zoo and/or aquarium for public display, care, reproduction, public education and awareness, scientific research, rescue, rehabilitation, or conservation.’ |
- (e) in point 13 of the ‘Instructions and explanations’ referring to ‘3 – Copy for return by customs to the issuing authority’, rows D and A are replaced by the following:
| ‘D | Specimens of animal species listed in Appendix I to the Convention that are bred in captivity for commercial purposes in operations included in the register of operations that breed Appendix I animal species for commercial purposes, which is maintained by the Secretariat of the Convention, as well as parts and derivatives thereof, and specimens of plant species listed in Appendix I to the Convention that are artificially propagated for commercial purposes in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof |
| A | Plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof.’ |
- (f) in point 14 of the ‘Instructions and explanations’ referring to ‘3 – Copy for return by customs to the issuing authority’, rows E, L, M, N and Z are replaced by the following:
| ‘E | Educational. Where the transaction is for the purpose of use in educational and training programs or for display in an institution with a primarily educational remit. |
| L | Law enforcement/judicial/forensic. Where the transaction is for the purpose of transfer of specimens between, or in support of, government agencies for law enforcement, judicial or forensic purposes. |
| M | Medical (including bio-medical research). Where the transaction is for the purpose of medical or veterinary testing, diagnosis, treatment or research, including biomedical research. |
| N | Reintroduction or introduction into the wild. Where the transaction is for the purpose of reinforcement and reintroduction within a species’ natural and historical range, and for conservation introductions, comprising assisted colonization and ecological replacement, outside the species’ natural and historical range. |
| Z | Zoos. Where the transaction is for the purpose of movement of a specimen to a zoo and/or aquarium or by a zoo and/or aquarium for public display, care, reproduction, public education and awareness, scientific research, rescue, rehabilitation, or conservation.’ |
- (g) in point 13 of the ‘Instructions and explanations’ referring to ‘4 – Copy for the issuing authority’ and to ‘5 – Application’, rows D and A are replaced by the following:
| ‘D | Specimens of animal species listed in Appendix I to the Convention that are bred in captivity for commercial purposes in operations included in the register of operations that breed Appendix I animal species for commercial purposes, which is maintained by the Secretariat of the Convention, as well as parts and derivatives thereof, and specimens of plant species listed in Appendix I to the Convention that are artificially propagated for commercial purposes in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof. |
| A | Plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof.’ |
- (h) in point 14 of the ‘Instructions and explanations’ referring to ‘4 – Copy for the issuing authority’ and to ‘5 – Application’, rows E, L, M, N and Z are replaced by the following:
| ‘E | Educational. Where the transaction is for the purpose of use in educational and training programs or for display in an institution with a primarily educational remit. |
| L | Law enforcement/judicial/forensic. Where the transaction is for the purpose of transfer of specimens between, or in support of, government agencies for law enforcement, judicial or forensic purposes. |
| M | Medical (including bio-medical research). Where the transaction is for the purpose of medical or veterinary testing, diagnosis, treatment or research, including biomedical research. |
| N | Reintroduction or introduction into the wild. Where the transaction is for the purpose of reinforcement and reintroduction within a species’ natural and historical range, and for conservation introductions, comprising assisted colonization and ecological replacement, outside the species’ natural and historical range. |
| Z | Zoos. Where the transaction is for the purpose of movement of a specimen to a zoo and/or aquarium or by a zoo and/or aquarium for public display, care, reproduction, public education and awareness, scientific research, rescue, rehabilitation, or conservation.’ |
- (2) Annex II is amended as follows:
- (a) in point 9 of the ‘Instructions and explanations’ referring to ‘1 – Original’, rows D and A are replaced by the following:
| ‘D | Specimens of animal species listed in Appendix I to the Convention that are bred in captivity for commercial purposes in operations included in the register of operations that breed Appendix I animal species for commercial purposes, which is maintained by the Secretariat of the Convention, as well as parts and derivatives thereof, and specimens of plant species listed in Appendix I to the Convention that are artificially propagated for commercial purposes in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof. |
| A | Plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof.’ |
- (b) in point 9 of the ‘Instructions and explanations’ referring to ‘2 – Copy for the importer’, rows D and A are replaced by the following:
| ‘D | Specimens of animal species listed in Appendix I to the Convention that are bred in captivity for commercial purposes in operations included in the register of operations that breed Appendix I animal species for commercial purposes, which is maintained by the Secretariat of the Convention, as well as parts and derivatives thereof, and specimens of plant species listed in Appendix I to the Convention that are artificially propagated for commercial purposes in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof. |
| A | Plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof.’ |
- (3) Annex III is amended as follows:
- (a) in point 14 of the ‘Instructions and explanations’ referring to ‘Original’, row A is replaced by the following:
| ‘A | Plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof.’ |
- (b) in point 14 of the ‘Instructions and explanations’ referring to ‘Copy for the issuing authority’ and to ‘Application’, row A is replaced by the following:
| ‘A | Plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof.’ |
- (4) Annex V is amended as follows:
- (a) in point 9 of the ‘Instructions and explanations’ referring to ‘Original’, rows D and A are replaced by the following:
| ‘D | Specimens of animal species listed in Appendix I to the Convention that are bred in captivity for commercial purposes in operations included in the register of operations that breed Appendix I animal species for commercial purposes, which is maintained by the Secretariat of the Convention, as well as parts and derivatives thereof, and specimens of plant species listed in Appendix I to the Convention that are artificially propagated for commercial purposes in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof. |
| A | Plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof.’ |
- (b) in point 9 of the ‘Instructions and explanations’ referring to ‘Copy for the issuing authority’ and to ‘Application’, rows D and A are replaced by the following:
| ‘D | Specimens of animal species listed in Appendix I to the Convention that are bred in captivity for commercial purposes in operations included in the register of operations that breed Appendix I animal species for commercial purposes, which is maintained by the Secretariat of the Convention, as well as parts and derivatives thereof, and specimens of plant species listed in Appendix I to the Convention that are artificially propagated for commercial purposes in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof. |
| A | Plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof.’ |
ELI: http://data.europa.eu/eli/reg_impl/2025/132/oj
ISSN 1977-0677 (electronic edition)
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