Decree No. 210 / 2010 Coll.
Decree on the implementation of certain provisions of the Endangered Species Trading Act
Valid
Order
Effective from 10.07.2010
Text versions:
10.07.2010
25.06.2010
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210
DECLARATION
of 11 June 2010
implementing certain provisions of the Endangered Species Trading Act
The Ministry of the Environment (hereinafter referred to as "the Ministry '), pursuant to § 42 and to implement § 3 paragraphs 7 and 9, § 15a paragraph 4, § 15c paragraph 3, § 17, § 18 paragraph 1, § 23 paragraphs 8 and 9, § 23a paragraph 6, § 23b paragraph 5, § 23c paragraph 5, § 23d paragraph 8, § 24 paragraph 2 and Article 9 and § 25 paragraph 2 paragraph m) and pursuant to § 16b paragraph 8 and § 23 paragraph 1 (a) (2) of Act No. 100 / 2004 Coll., on the protection of species of wild fauna and flora by regulating trade in them and other measures for the protection of those species and on the amendment of certain laws (Act on trade in endangered species), as amended by Act No 444 / 2005 Coll.
Application forms and registration cards
(Articles 3 (7) and (9), 15a (4), 15c (3), 16b (8) and 18 (1) of the Act)
(1) In the case of an application for a permit or certificate for the purpose of importing, exporting or re-exporting a specimen pursuant to Article 3 (2) of the Act, including an application for a certificate of personal ownership of a specimen, an application for a certificate of collection of samples pursuant to Article 3 (5) of the Act or an application for authorisation to export another individual of a specially protected species from the Czech Republic pursuant to Article 18 (1) of the Act, and Article 7 of that Decree, the applicant shall complete sheet 5 "Application 'of the relevant form in accordance with the directly applicable European Union1).
(2) In the case of an application for confirmation necessary for the movement of a live specimen of an animal species directly threatened by extinction pursuant to Article 3 (2) of the Act, the applicant shall complete sheet 3 "Application" of the relevant form in accordance with the directly applicable European Union2). A request pursuant to Article 15a (3) of the Law on the simultaneous issue of a certificate of exemption from the prohibition of commercial activities and a movement certificate for the same live specimen shall be submitted to the competent regional authority.
(3) In the case of an application for a travelling exhibition certificate pursuant to Article 3 (5) of the Act, the applicant shall complete sheet 3 "Application 'of the relevant form in accordance with the directly applicable European Union3).
(4) In the case of an application for an exemption from the prohibition on commercial activities with a specimen under Article 3 (3) of the Act, the applicant shall complete sheet 3 "Application 'of the relevant form in accordance with the directly applicable European Union2).
(5) The registration card form provided for in Article 3 (7) of the Act is set out in Annex 1 to this Decree.
(6) The licence application form for the processing, packaging and repackaging of caviar provided for in Article 16b (8) of the Act is set out in Annex 2 to this Decree.
Registration of applicants for CITES document
(K § 3 (9) of the Act)
(1) The Ministry and the Regional Authorities shall keep records of applicants for CITES document within the central database of permits, certificates and registration forms issued by the Ministry or regional offices for import, export, re-export or other handling of specimens and databases of accepted documents of foreign States and certificates issued for the purpose of proof of authorised imports by the Ministry under Article 35 (1) of the Act.
(2) The records of applicants shall include:
(a) the name and, where appropriate, the name, surname, address and date of birth of the applicant if he is a natural person not in business; or
(b) the business firm, the registered office and the ICO of the applicant, if he is a natural person who is an undertaking or a legal person; and
(c) the applicant's telephone, fax and e-mail.
Registration form and certificate of origin of the seized specimen
(Paragraph 23 (3) and (8) of the Act)
(1) The form of the specimen registration sheet is set out in Annex 3 to this Order.
(2) The form of the certificate of origin of the seized specimen in accordance with § 23 (8) and § 34a (8) of the Act is set out in Annex 3 to this Decree.
Records of caviar handling, caviar marking and allocation of caviar packing code
(K § 16b paragraphs 7 and 8 of the Act)
(1) Records of the handling of caviar shall be kept in paper or electronic form to enable the printing of the alert.
(2) Individual entries shall be marked with order numbers starting with "1."
(3) Each caviar record shall include:
(a) the serial number and date of the alert; and
(b) the code of the sturgeon species as set out in Annex 4 to this Regulation.
(4) The record of the caviar obtained shall also include:
(a) the date on which the caviar was obtained;
(b) the name and address or the name or business name of the caviar supplier, where appropriate;
(c) the net weight of the caviar obtained;
(d) the number of the documents of origin of the caviar the copies of which are attached to the alert; and
(e) identification information from the original caviar labels of the containers, if not on copies of the documents accompanying the alert.
(5) The record of the caviar sent also includes:
(a) the date of dispatch of the caviar;
(b) the net weight of the caviar dispatched,
(c) the name and address or the name or business name of the caviar buyer, where applicable;
(d) the number of documents issued to the caviar sent, copies of which are attached to the alert. In addition, identification information from the own labels of caviar containers, if not provided on copies of documents accompanying the alert, and
(e) the serial number and date of the own record relating to the acquisition of caviar.
(1) Unless the European Union provisions on the protection of endangered species are directly applicable (4), processors and caviar packers shall designate the initial caviar containers individually using disposable labels attached to the container.
(2) Initial container means a container into which caviar is directly filled by processors and packers. The original container shall not be considered as the dishes on which caviar is served for direct consumption in restaurants and similar facilities.
(3) The label for the initial caviar container, which is filled with a processor or packer in the country of origin of the caviar, contains the following identification numbers in the following order:
(a) the standardised code of the sturgeon fish species as set out in Annex 4 to this Regulation;
(b) the code to indicate the origin of the sturgeon fish referred to in Annex IX to Commission Regulation (EC) No 865 / 2006;
(c) the two-letter code of the country of origin of sturgeon according to the International Organisation for Standardisation (ISO);
(d) the year of harvest or, where appropriate, of hunting;
(e) the official register code of the processor or caviar packer; and
(f) the serial number of the lot of caviar allocated by the processor or packer.
(4) The label on the initial caviar container, which is repackaged in a country other than the country of origin of the caviar, contains the following identification numbers in the following order:
(a) the standardised code of the sturgeon fish species as set out in Annex 4 to this Regulation;
(b) the code to indicate the origin of the sturgeon fish referred to in Annex IX to Commission Regulation (EC) No 865 / 2006;
(c) the two-letter code of the country of origin of sturgeon according to the International Organisation for Standardisation (ISO);
(d) the year of changing the caviar;
(e) the official register code of the processor or caviar packer; and
(f) the identification number of the caviar lot allocated by the processor or packer or the export permit number or re-export certificate.
The official registration code of the processor or packer licensed in the Czech Republic consists of the letters "CZ-CITES 'and the individual registration number of the processor or packer allocated by the Ministry in the licence decision.
Exports of specimens of plant species on the basis of a phytosanitary certificate
(K § 17 of the Act)
The Ministry's authorisation to export artificially propagated specimens of plant species is replaced by a phytosanitary certificate issued under another legislation (5) in the cases provided for in the Regulations on trade in endangered species (6).
Replacement certificate of the Ministry for the purpose of proving the authorised import and a certified copy of the CITES import document issued by the Regional Office
[Articles 24 (5) and (9) and 25 (2) (m) of the Law]
(1) On the front of the certified copy of the CITES document pursuant to Article 24 (5) of the Act, the text shall be given in accordance with the model in Annex 5 to this Order. A copy of the CITES import document shall consist of a photocopy of the front of the CITES import document (7).
(2) The Regional Office shall add to the text of the certificate referred to in paragraph 1 the relevant information in accordance with the instructions contained in Annex 5 to this Order, the document being endorsed by means of an official stamp and signature of the authorised official.
(3) Unless the directly applicable European Union provisions on the protection of endangered species (8) provide otherwise, the Ministry's replacement certificate shall be issued for the purpose of proving the authorised imports pursuant to Article 22 (3) and (5) of the Act, mutatis mutandis, in accordance with paragraphs 1 and 2.
(4) The paper on which the replacement certificate and the certified copies of the CITES document referred to in paragraphs 1 to 3 are printed corresponds to the qualitative requirements laid down in Article 3 (1), (2) and (3) (a) of Regulation (EC) No 865 / 2006, including the guilloche sample on the front.
List of other species not subject to registration
[Paragraph 23 (1) (a) (2) of the Law]
The obligation to register shall not apply to specimens and species listed in Annex 6 thereto.
Method of filling in the registration form and making changes to the registration
(Articles 23 (9) and 23a (6) of the Act)
(1) The method of completing the registration form and the codes of the registration offices are set out in Annex 3 to this Decree.
(2) The method of making changes to the registration of an already registered specimen pursuant to Article 23a (2) and (5) of the Act and the method of recording changes to the owners of the specimens are set out in Annex 3 to this Decree.
Compulsory information related to the transfer of the specimen
(Paragraph 23b (5) of the Law)
The content of the mandatory information relating to the transfer of the specimen which is published in the course of trade in specimens pursuant to § 23b (1) to (4) of the Act and the model reference to the mandatory information published by the Ministry is set out in Annex 7 to this Decree.
Marking and identification of specimens
(Paragraph 23c (5) of the Act)
Unless the European Union provisions directly applicable on the protection of endangered species (9) otherwise apply to newly designated specimens of birds in the Czech Republic, which are accompanied by an identification number consisting of the letters CZ and the serial number assigned by the Ministry. When branding uniquely numbered unaltered microchip transponders, the first sentence does not apply.
(1) The photographic documentation referred to in Article 23c (4) of the Act, which is another means of marking or identifying the specimen, complies with the following requirements:
(a) there is a clearly identifiable scale in the photograph;
(b) there are distinctive detailed identification features of the specimen in the photograph; and
(c) the photograph shall be glued on to a form the specimen of which appears in Annex 8 to this Order.
(2) Photographs referred to in paragraph 1 shall be submitted by the applicant for CITES documents or for the registration of specimens at his or her expense in accordance with Article 23c (1) of the Act. The Ministry or the competent regional authority may require that the applicant also submit photographs electronically.
Register of rings and other marks for marking specimens
(Paragraph 23d (8) of the Law)
(1) The register of produced or distributed rings and other marks referred to in Article 23d (5) of the Act is maintained by the manufacturer or distributor of rings or other marks in a separate book with numbered parties or electronically in a separate database allowing the printing of the alert. In the case of an electronic database, all new records shall be printed at least once a month, the pages shall be numbered on a continuous basis and attached to the previous printed records, as in the book. Individual entries in the book or database shall be marked with order numbers starting with "1."
(2) Records of rings and marks admitted to the warehouse and records of rings and marks used or distributed to other persons shall be kept separately.
(3) The record of rings and marks accepted at the warehouse includes:
(a) the serial number of the alert;
(b) the date of the alert;
(c) ring or mark type,
(d) the date of arrival at the warehouse;
(e) place of origin (name and address of supplier, or name or business name and registered office, actual production),
(f) the number of cuts;
(g) the number of the marks; and
(h) other comments and additional records.
(4) The record of rings and marks used or distributed to other persons includes:
(a) the serial number of the alert;
(b) the date of the alert;
(c) ring or mark type,
(d) the date of removal from storage;
(e) the place of destination (name and address or name or, where appropriate, business name and registered office of the buyer, for its own use),
(f) the number of cuts;
(g) the number of the marks; and
(h) other comments and additional records.
(5) Written information on rings and other marks pursuant to § 23d (2) (b) of the Act contains in particular information on:
(a) manufacturers of rings or other marks, if different from the licensor for the manufacturer or distributor;
(b) the material used to produce rings or other marks,
(c) the size and types of rings or other marks;
(d) the species, sizes and age of the animals for which rings or other marks will be intended;
(e) veterinary or other tests of rings and other marks, where available or required by veterinary legislation; and
(f) instructions and information for brand customers.
Trade records and breeding records
(Paragraph 24 (2), (7) and (9) of the Law)
(1) The records referred to in Article 24 (2) of the Act (hereinafter referred to as "trade records") and the records referred to in Article 24 (7) of the Act (hereinafter referred to as "farming records") are kept in a separate book with numbered parties. The individual entries in the book are marked with order numbers starting with "1." If the book is filled, a new book shall be established and on the first page it shall be indicated that it is a continuation of Book No X, where X is the serial number of the previous book, and the individual records shall continue under subsequent order numbers.
(2) Where the breeder of specimens trades in specimens, both trade records and stock records shall be kept in a common book.
(3) Trade records and farming records shall include in particular:
(a) the serial number of the alert;
(b) the date of the alert;
(c) the scientific and Czech names of the species,
(d) a description of the specimen or, where appropriate, specimens which are of particular importance to sex, the date of birth, as far as is known, the means of identification and the number of the mark, the characteristics of the individual characteristics or the photograph number attached to the alert, or the registration number;
(e) the date of acquisition or birth of the specimen;
(f) information on where the specimen originates, in particular the name and address or the name or, where appropriate, the business name and registered office of the supplier, or, in the case of breeding, the "own breeding" and the brief identification of the parents, such as the serial numbers of their own records for the mother and father, should the mother and father be determined,
(g) the date of transfer of the specimen to another holder or the date of death of the specimen or, where appropriate, of loss; in the case of transfer of ownership to the specimen, the name and address or the name or, where applicable, the business name and registered office of the buyer of the specimen; and
(h) additional notes and additional records, such as the specifications and numbers of the relevant CITES documents, the registration sheet and other relevant documents relating to the specimen the originals or copies of which are attached to the record, the date and type of the later record of the specimen or the record of the inspection authority, indicating the date of the inspection.
(4) Facts which are not obvious when the first entry is made, such as the sex of the specimen, may be supplemented retrospectively and the date of the additional entry shall be indicated under the heading "Additional notes."
(5) Where records of trade or farming records begin to be kept, records of all specimens subject to the obligation to keep records shall be entered in the book referred to in paragraph 1 first.
Proof of origin of specimens, other individuals, cetaceous products, seal products and controlled fur
(Paragraph 24 (3) and (9) of the Law)
(1) The written document of the original owner or holder transferring the specimen, other individual, cetaceous product, seal or controlled fur product (hereinafter referred to as the original owner's document of origin of the specimen) pursuant to Article 24 (3) of the Act contains:
(a) the date and place of issue of the original owner's document of origin;
(b) the name and address or the name or business name, where appropriate, and the registered office of the original owner or holder of the specimen, of another individual, of a cetaceous product, of a seal product or of a controlled fur product which has issued a proof of the original owner's origin of the specimen;
(c) the scientific and Czech name of the species of specimen, other individual, seal or cetacean from which the product originates,
(d) the quantities of specimens, other individuals, cetaceous products, seal products or regulated fur;
(e) a description of the specimen, other individual, cetaceous product, seal or controlled fur product in order to identify and distinguish it from other specimens, other individuals, cetaceous products, seal products or regulated fur products of the same type, which, as far as is known, means in particular sex and age, the method of identification, the number of the mark and other individual characteristics; where it is part of a photograph document, this fact shall also be indicated; and
(f) the origin of specimens, other individuals, cetaceous products, seal products or regulated fur in accordance with Article 24 (3) of the Act, date and place
1. collection from nature,
2. birth in captivity or artificial production; or
3. the date of import, the State and the CITES documents (number, date and place of issue) and, where appropriate, other documents on the basis of which the specimen, other individual, cetacean product, seal product or regulated fur has been imported.
Where possible, basic data on parent specimens shall also be provided. If there is a registration document, CITES document or other official document of origin of the specimen in accordance with § 37 (3) and (4) of the Act, the previous document of the original owner of the specimen or any other similar document, the name and number of the document which issued it shall be given, the date and place of issue, and
(g) the signature and, where appropriate, the stamp of the original owner or specimen holder.
(2) Where, with a specimen, other individual, cetaceous product, seal product or controlled fur, the relevant CITES registration or document or other official document referred to in paragraphs 37 (3) and (4) of the Act, in which the particulars referred to in paragraph 1 are given, the particulars in the original owner's document of origin of the specimen referred to in paragraph 1 (c) to (f) may be replaced by a reference to the relevant official document.
(3) By way of derogation from paragraphs 1 and 2, where the specimen is accompanied by a relevant registration sheet in which the particulars referred to in paragraph 1 are provided and in which the original owner or holder confirms the pre-printed declaration of the specimen carried, another individual, cetacean product, seal product or controlled fur, this registration sheet replaces the original owner's document of origin of the specimen.
List of species not subject to the obligation to keep records or to transmit CITES documents on transfer
(Paragraph 24 (9) of the Law)
(1) The list of species, specimens or other individuals, cetaceous products, seal products and controlled fur which are not required to maintain written records of trade is set out in Annex 9 to this Regulation.
(2) The list of species, specimens or other individuals which are not required to keep written records of breeding is set out in Annex 10 to this Decree.
(3) The obligation to transmit CITES documents and similar evidence on the legality of imports on transfer, borrowing or rental pursuant to Article 24 (4) of the Act does not apply to specimens of species listed in Annex D to Council Regulation (EC) No 338 / 97. This obligation also does not apply to cases where the owner or holder does not have the relevant documents and instead issues to the new holder a document of the original owner concerning the origin of the specimen pursuant to Article 24 (3) of the Act and Article 16 of this Decree, justifying why the required documents are missing.
Repeal
Decree No. 227 / 2004 Coll., implementing certain provisions of Act No. 100 / 2004 Coll., on the protection of species of wild fauna and flora by regulating trade in and other measures to protect those species and amending certain laws (Act on Trade in Endangered Species), is hereby repealed.
Efficacy
This Decree shall take effect on the 15th day following its publication.
Minister:
Bízková v. r.
Příloha č. 1
Annex No 1 to Decree No 210 / 2010 Coll.
_
Příloha č. 2
Annex No 2 to Decree No 210 / 2010 Coll.
Application for a licence for the processing, packaging and repackaging of sturgeon fish caviar (Acipenseriformes spp.)
Příloha č. 3
Annex No. 3 to Decree No. 210 / 2010 Coll.
MARKETING AUTHORISATION NUMBER (S)
Příloha č. 4
Annex No 4 to Decree No 210 / 2010 Coll.
Standard codes for sturgeon species (Acipenseriformes spp.)
| Vědecký název | český název | kód |
|---|---|---|
| Acipenser baerii | jeseter sibiřský | BAE |
| Acipenser baerii baicalensis | jeseter sibiřský bajkalský | BAI |
| Acipenser brevirostrum | jeseter krátkorypý | BVI |
| Acipenser dabryanus | jeseter jihočínský | DAB |
| Acipenser fulvescens | jeseter jezerní | FUL |
| Acipenser gueldenstaedtii | jeseter ruský | GUE |
| Acipenser medirostris | jeseter sachalinský | MED |
| Acipenser mikadoi | jeseter severní | MIK |
| Acipenser naccarii | jeseter jadranský | NAC |
| Acipenser nudiventris | jeseter hladký | NUD |
| Acipenser oxyrinchus | jeseter ostrorypý | OXY |
| Acipenser oxyrinchus desotoi | jeseter ostrorypý golfský | DES |
| Acipenser persicus | jeseter perský | PER |
| Acipenser ruthenus | jeseter malý | RUT |
| Acipenser schrenckii | jeseter amurský | SCH |
| Acipenser sinensis | jeseter čínský | SIN |
| Acipenser stellatus | jeseter hvězdnatý | STE |
| Acipenser sturio | jeseter velký | STU |
| Acipenser transmontanus | jeseter bílý | TRA |
| Huso dauricus | vyza malá | DAU |
| Huso huso | vyza velká | HUS |
| Polyodon spathula | veslonos americký | SPA |
| Psephurus gladius | veslonos čínský | GLA |
| Pseudoscaphirhynchus fedtschenkoi | lopatonos Fedčenkův | FED |
| Pseudoscaphirhynchus hermanni | lopatonos Hermannův | HER |
| Pseudoscaphirhynchus kaufmanni | lopatonos Kaufmannův | KAU |
| Scaphirhynchus albus | lopatonos velký | ALB |
| Scaphirhynchus platorynchus | lopatonos americký | PLA |
| Scaphirhynchus suttkusi | lopatonos alabamský | SUS |
| směska druhů (výhradně pro označení „lisovaného“ | MIX | |
| hybridní druhy (kde YYY je kód pro rodičovský druh samce a XXX kód pro rodičovský druh samice) | YYY x XXX | |
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Regulation Information
| Citation | Decree No. 210 / 2010 Coll., on the implementation of certain provisions of the Endangered Species Trading Act |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.06.2010 |
|---|---|
| Effective from | 10.07.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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