Decree No. 227 / 2004 Coll.
Decree implementing certain provisions of Act No. 100 / 2004 Coll., on the Protection of Species of Wild Fauna and Flora by regulating trade therein and other measures to protect those species and amending certain laws (Act on Trade in Endangered Species)
Valid
Order
Effective from 01.05.2004
Text versions:
01.05.2004
29.04.2004
227
DECLARATION
of 19 April 2004
implementing certain provisions of Act No. 100 / 2004 Coll., on the Protection of Species of Wild Fauna and Flora by regulating trade therein and other measures to protect those species and amending certain laws (Act on Trade in Endangered Species)
The Ministry of the Environment (hereinafter referred to as "the Ministry '), pursuant to § 42 (1) and (2) of the Act No. 100 / 2004 Coll., on the protection of species of wild fauna and flora by regulating trade in them and other measures to protect these species and amending certain laws (Act on Trade in Endangered Species), provides for the protection of species of wild fauna and flora (hereinafter referred to as" the Act') pursuant to § 3 (5) and (6):
Application forms and CITES documents
[Articles 3 (5) and (6), 25 (2) (j) and 34 (8) of the Law]
(1) In the case of an application for a permit or certificate for the purpose of importing, exporting or re-exporting a specimen, the applicant shall complete sheet 5 "Application" of the relevant form (1) and submit it together with the registration card. In the case of an application for confirmation needed to transfer a live specimen of an animal species directly threatened by extinction and an application for exemption from the prohibition of commercial activities (Section 3 (2) of the Act), the applicant shall complete sheet 3 "Application 'of the relevant form.2).
(2) The applications referred to in paragraph 1 shall be made on the appropriate form printed in any official language of the European Communities. The application shall be completed in the Czech language.
(3) The model of the registration card (Section 3 (5) of the Act), which shall be submitted together with the application referred to in paragraph 1, is set out in Annex 1.
(4) The model of the specimen registration sheet issued by the competent registration office pursuant to Article 23 (4) of the Act is set out in Annex 2.
(5) The model of the certificate of origin of the seized specimen (Sections 23 (10) and 34 (8) of the Act) issued by the Ministry is set out in Annex 2.
Registration of traders and scientific institutions
(K § 16 of the Act)
(1) An application for registration of a plant grow plant for the purposes of derogation for trade in artificially propagated plants under European Community law for the protection of endangered species (3) shall be sent in writing to the Ministry. The applicant shall complete the application for a permit or certificate for the purpose of importing, exporting or re-exporting a specimen (§ 1 (1)) and the registration card (§ 1 (3)) and the application shall be accompanied by:
(a) a list of the species of plant specimens in the growing plant which are the subject of the application, indicating the origin of the cultures of those plants;
(b) a short description of how plants are grown; and
(c) the estimated production of specimens intended for trade.
(2) The application for registration of a scientist or scientific institution for the purposes of the derogation in the case of non-commercial loans, gifts or exchanges of specimens between scientists and scientific institutions (hereinafter referred to as "exchange ') under European Community law on the protection of endangered species4) shall be submitted by the scientist or scientific institution in writing to the Ministry. The application shall include the registration card (§ 1 (3)) and the application shall be accompanied by:
(a) a brief description of the scientific activity related to the exchange of collection specimens with other scientists and scientific institutions;
(b) which specimens and species will be exchanged, how often and expected number;
(c) with which scientists and scientific institutions abroad and in which countries the exchange of collection specimens is envisaged.
Exports of specimens of plant species on the basis of a phytosanitary certificate
(Paragraph 17 (1) of the Law)
In accordance with European Community law on the protection of endangered species (5), the authorisation of the Ministry to export artificially propagated specimens of plant species is replaced by a phytosanitary certificate issued under a special law. 6)
List of species not subject to registration
(Paragraph 23 (1) of the Law)
The obligation to register shall not apply to species of animals and plants which are specifically protected under the general legislation on the conservation of nature and landscape, (7) species of wild fauna and flora occurring naturally in nature in the Czech Republic, and species or specimens for which the European Commission has provided for a general derogation and which are specified in European Community law on the protection of endangered species. 8) The list of other species and specimens not subject to registration is set out in Annex 3.
List of other species subject to registration
(Paragraph 23 (1) of the Law)
The list of species other than those directly threatened by extinction subject to registration [Paragraph 23 (1) (b) of the Act] is set out in Annex 4.
Means of marking specimens
(Paragraph 23 (8) of the Law)
(1) Unmistakable marking of specimens is carried out in accordance with European Community law on the protection of endangered species. 9)
(2) Unless otherwise provided for in European Community law on the protection of endangered species, the newly designated specimens of birds in the Czech Republic shall be used for inseparable rings on which an identification number consisting of the letters CZ and the serial number assigned by the Ministry is stamped. When branding uniquely numbered unaltered microchip transponders, the first sentence does not apply.
(3) If the specimen is not traded and the owner or the long-term holder is not changed, and if the special Regulation (8) does not provide for another time limit, the method of unmistakable marking shall not apply to:
(a) young mammals during breastfeeding, up to a maximum of 6 months of age,
(b) eggs and chicks of birds, if they remain on the nest or under the care of their parents, up to a maximum of 3 months of age;
(c) eggs, eggs, eggs, germ stages and young reptiles, up to a maximum of 3 months of age.
(4) A method of identification of the specimen other than that referred to above may be recognised by the competent authority only if the prescribed marking, according to a written veterinary certificate, would cause harm to the health of the animal or is impracticable due to the physical characteristics of the specimen or species, or because of the natural behaviour typical of such specimen or species.
(5) The certificate referred to in paragraph 4 that the applicant submits, for example, when applying for registration of a specimen shall contain a detailed justification for the impossibility of marking, whether the impossibility of marking is temporary or permanent. In case of doubt, the competent authority shall request a review of the certificate by another designated veterinarian having experience in the unmistakable marking of animals. In the case of disputed opinions by veterinary surgeons, the Ministry shall decide.
(6) If, within the meaning of paragraphs 3 and 4, the specimen is not identifiable by individual distinguishing marks, the description of those characters shall be accompanied by photographs of the individual distinguishing marks of the specimen. One photograph of the individual distinguishing character of the specimen shall always be part of the registration sheet or its annex for such specimens, the other photograph shall be archived together with a copy of the registration sheet with the registration authority, and if an exemption certificate from the prohibition of commercial activities is issued, the third photograph shall be part of that certificate or an annex thereto. In justified cases, the registration authority may refrain from supplementing the photographs and in that case shall state that fact on the registration sheet with a justification.
(7) The specimen will be labelled at the time of the application for registration, except in the cases referred to in paragraphs 3 and 4. In exceptional cases, where the designation according to the opinion of the veterinarian is impracticable only temporarily (e.g. due to the development of the specimen) and if the specimen has no distinct individual character, the registration authority may provide for a later date for the identification of the specimen, indicating that date in box 18 of the registration sheet and, where appropriate, in the exemption certificate from the prohibition of commercial activities, while also limiting the validity of the registration sheet and, where appropriate, the validity of the exemption certificate from the prohibition of commercial activities only until the time when the specimen must be marked.
Registration sheet and details concerning the registration of specimens
(Paragraph 23 (4) and (12))
A separate registration sheet shall be issued for each specimen subject to registration.
The instructions for filling in the registration sheet and the registration office codes are set out in Annex 5.
Changes in the registration of an already registered specimen, such as change of owner or long-term holder, change of permanent residence of the owner or long-term holder of the specimen, additional marking of the specimen and the like, shall be indicated by the competent registration authority in box 20 of the registration certificate. In the event of a lack of space, it shall be indicated that the records continue in the Annex and an additional sheet with a copy of box 20 shall be attached, indicating as the first entry that it is an annex to the registration sheet, and indicating the number, date of issue of the registration sheet and the name of the office which issued the registration sheet.
On sale and in other cases, the change of owner or long-term holder of the specimen shall be indicated in box 21 of the registration sheet, the date of sale, the name, surname and address of the permanent residence, or the name and address of the new owner or long-term holder, and the original owner or long-term holder shall confirm the pre-printed declaration of the transferred specimen.
Repeal
Decree No. 82 / 1997 Coll., implementing certain provisions of Act No. 16 / 1997 Coll., on the conditions of import and export of endangered species of wild fauna and flora and other measures for the protection of these species and amending and supplementing Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended by the later Act No. 264 / 1998 Coll., Decree No. 16 / 2001 Coll. and Decree No. 332 / 2003 Coll.
Efficacy
This decree shall take effect on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Minister:
RNDr. Ambrozek v. r.
Příloha č. 1
Annex No 1 to Decree No 227 / 2004 Coll.
_
for an application for a permit or certificate for the purpose of import, export or re-export or certificate required for the movement of specimens of protected animals and plants (Section 3 (5) of Act No. 100 / 2004 Coll., on the trade with endangered species)
Příloha č. 2
Annex No 2 to Decree No 227 / 2004 Coll.
MARKETING AUTHORISATION NUMBER (S) CERTIFICATE OF ORIGIN
Příloha č. 3
Annex No. 3 to Decree No. 227 / 2004 Coll.
List of other species and specimens not subject to registration
Article 23 (1) (a) of the Law does not apply to:
(a) the following mammalian species:
Hystrix cristata
Quinchilla spp.
(b) the following species of birds:
Anas laysanensis
Branta ruficollis
Branta sandwich
Carduelis cucullata
Catreus wallichii
Colinus virginianus
Columba livia
Crossoptilon crosoptilon (Tibetan pheasant)
Crossoptilon harmani
Crossoptilon mantchuricum
Cyanoramphus auriceps
Cyanoramphus novaezealandiae (Red-fronted kakariki)
Lopophorus impejanus
Lophura edwardsi
Lophura swinhoii
Nyctea scandiaca
Oxyura leucocephala
Polyplectron emphanum
Psephotus dissimilis (synonym P. chrysopterygius dissimilis, black parrot)
Struthio camelus
Syrmaticus ellioti
Syrmaticus humiae
Syrmaticus mikado
Tragopan caboti
(c) the following species of reptiles:
Acrantophis dumerili
Chamaeleo chamaeleon
Lacertidae spp.
Phelsuma guentheri (felsuma)
Python molurus (tiger python)
(d) all amphibians (Amphibia)
(e) all fish species (Pisces)
(f) all species of invertebrates (other systematic groups than Chordata)
(g) all plant species (Flora)
(h) all dead specimens
Příloha č. 4
Annex No. 4 to Decree No. 227 / 2004 Coll.
List of species other than species directly threatened with extinction subject to registration
With the exception of species and specimens which are exempted from registration in § 4 and Annex 3 to this Decree, the registration requirement under § 23 (1) (b) of the Act also applies to the following species other than those directly threatened with extinction:
(a) live specimens of the following species of mammals:
Elephantidae spp.
Felidae spp.
Primates spp.
(b) live specimens of the following species of birds:
Amazona spp. (All species of parrot of the genus Amazona, with the exception of the species Amazona aestiva, blue-fronted amazonian, specimens of which are not subject to registration)
Ara spp.
Callocephalon fimbriatum
Calyptorhynchus spp.
Roundnose grenadier
Triclaria malachitacea
Psittacus erithacus
(c) live specimens of the following species of reptile:
Cordylus spp.
Crocodylia spp.
Dracaena spp.
Phrynosoma coronatum
Pseudocordylus spp.
Testudinidae spp.
Tupinambis spp.
Uromastyx spp.
Varanus spp. (all species of Varanus spp.)
Příloha č. 5
Annex No 5 to Decree No 227 / 2004 Coll.
Instructions for filling in the registration form
Boxes No 1 to 18 shall be completed by the issuing authority as follows:
(a) No 1 - the name, surname and address of the place of permanent residence, where appropriate, the name and address of the owner or long-term holder of the specimen;
(b) No 2 - the official serial number of the registration or certificate; the registration number shall be indicated in the form of: the code of the registration office for the purposes of this Order, as indicated at the end of this Annex / serial number of the issued registration sheet / year of issue,
(c) No 3 - the name and address of the issuing office,
(d) No 4 - the description of the specimen must be as precise as possible and include a three-letter code under European Community law on the protection of endangered species (10). The description shall clearly identify and distinguish the specimen from other specimens of the same species. In particular, the sex, age, date and place of birth of the specimen, the means of identification, the number of the mark and other individual characters shall be indicated. If it is part of the specimen's photo registration sheet, it will be marked here. Where possible, e.g. for captive-born animals, basic data on parent specimens shall be provided;
(e) No 5 - optional if the quantity in box 6 is determined. Net weight units under European Community law on the protection of endangered species (10) shall be used;
(f) No 7 - the number of the CITES Annex, in which the species is indicated at the date of issue of the registration certificate;
(g) No 8 - the letter identifying the annex to the regulation of European Communities law on the protection of endangered species (11) in which the species is listed at the date of issue of the registration certificate;
(h) No 9 - in the case of a registration certificate, this information is used only for statistical purposes, not as a certificate of the legal origin of the specimen. One of the following codes shall be used to indicate origin: W - specimens taken from the wild; R - specimens from farms (so-called 'ranching', i.e. specimens taken originally from the wild and subsequently reared on farms); D - animals directly threatened by the extinction of birth and captive breeding for commercial purposes and plants directly threatened by the extinction of artificially propagated organisms for commercial purposes in accordance with European Community law on the protection of endangered species (12), including parts and derivatives thereof; A - plants directly threatened by extinction artificially propagated for non-commercial purposes and plants under European Community law on the protection of endangered species 13) artificially propagated in accordance with European Community law on the protection of endangered species 12) including parts and derivatives thereof; C - animals directly threatened by extinction of birth and captive breeding for non-commercial purposes and animals under European Community law on the protection of endangered species 13) born and bred in captivity in accordance with European Community law on the protection of endangered species 12) including parts and derivatives thereof; F - Animals born in captivity for which, however, conditions under European Community law on the protection of endangered species are not met (12), including their parts and derivatives (so-called first generation captive); I - Imported or collected specimens (used only with another origin code); O - a specimen obtained before application of the Convention (used only with another origin code); U - if there is doubt as to the origin of the specimen, the code "U 'shall be entered and the likely circumstances of origin shall be recorded in words in box 4 or 20;
(i) No 10 to 12 - the country of origin is the country where the specimens were taken from the wild, born and bred in captivity or artificially propagated;
(j) No 13 to 15 - where the specimen is imported from a country outside the European Union, the Member State of import is the Member State which issued the import authorisation for the specimens concerned;
(k) No 16 - the scientific name must comply with the standard nomenclature manuals under European Community law on the protection of endangered species (14);
(l) No 17 - the scientific name is the standard name, the Czech name of the species is used only for orientation;
(m) No 18 - in the case of a registration certificate, the condition No 1 applicable to the certificate of origin shall not be entered or deleted.
Registration office codes
| Registrační úřad | Kód |
|---|---|
| Magistrát hl. m. Prahy | PHA |
| Krajský úřad Středočeského kraje | STC |
| Krajský úřad Jihočeského kraje | JHC |
| Krajský úřad Plzeňského kraje | PLK |
| Krajský úřad Karlovarského kraje | KVK |
| Krajský úřad Ústeckého kraje | ULK |
| Krajský úřad Libereckého kraje | LBK |
| Krajský úřad Královéhradeckého kraje | HKK |
| Krajský úřad Pardubického kraje | PAK |
| Krajský úřad kraje Vysočina | VYS |
| Krajský úřad Jihomoravského kraje | JHM |
| Krajský úřad Olomouckého kraje | OLK |
| Krajský úřad Zlínského kraje | ZLK |
| Krajský úřad Moravskoslezského kraje | MSK |
| Správa NP a CHKO Šumava | NPS |
| Správa NP České Švýcarsko | NPC |
| Správa Krkonošského národního parku | NPK |
| Správa NP Podyjí | NPP |
| Správa CHKO Beskydy | CBE |
| Správa CHKO Bílé Karpaty | CBK |
| Správa CHKO Blaník | CBA |
| Správa CHKO Blanský les | CBL |
| Správa CHKO Broumovsko | CBR |
| Správa CHKO České Středohoří | CCS |
| Správa CHKO Český kras | CCK |
| Správa CHKO Český ráj | CCR |
| Správa CHKO Jeseníky | CJE |
| Správa CHKO Jizerské hory | CJH |
| Správa CHKO Kokořínsko | CKO |
| Správa CHKO Křivoklátsko | CKI |
| Správa CHKO Labské pískovce | CLP |
| Správa CHKO Litovelské Pomoraví | CLM |
| Správa CHKO Lužické hory | CLH |
| Správa CHKO Moravský kras | CMK |
| Správa CHKO Orlické hory | COH |
| Správa CHKO Pálava | CPA |
| Správa CHKO Poodří | CPO |
| Správa CHKO Slavkovský les | CSL |
| Správa CHKO Třeboňsko | CTR |
| Správa CHKO Žďárské vrchy | CZV |
| Správa CHKO Železné hory | CZH |
1) Annex I to Commission Regulation (EC) No 1808 / 2001 laying down detailed rules for the application of Council Regulation (EC) No 338 / 97 on the protection of species of wild fauna and flora.
2) Annex III to Commission Regulation (EC) No 1808 / 2001.
3) Article 7 (1) (b) (ii) of Council Regulation (EC) No 338 / 97.
4) Article 7 (4) of Council Regulation (EC) No 338 / 97.
5) Article 7 (1) (b) (i) of Council Regulation (EC) No 338 / 97 and Article 8 (6) and (7) of Commission Regulation (EC) No 1808 / 2001.
6) Act No. 147 / 1996 Coll., on Phytosanitary Care and on Amendments to Certain Related Acts, as amended by Act No. 409 / 2000 Coll., Act No. 314 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 309 / 2002 Coll. and Act No. 79 / 2004 Coll.
7) Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended by the Legislative Act of the Bureau of ČNR No. 347 / 1992 Coll., Act No. 289 / 1995 Coll., the Constitutional Court found under No. 3 / 1997 Coll., Act No. 16 / 1997 Coll., Act No. 123 / 1998 Coll., Act No. 161 / 1999 Coll., Act No. 238 / 1999 Coll., Act No. 132 / 2000 Coll., Act No. 76 / 2002 Coll. and Act No. 320 / 2002 Coll.
8) Article 32 of Commission Regulation (EC) No 1808 / 2001.
9) Article 34 to 38 of Commission Regulation (EC) No 1808 / 2001.
10) Annex V to Commission Regulation (EC) No 1808 / 2001.
11) Council Regulation (EC) No 338 / 97.
12) Chapter III of Commission Regulation (EC) No 1808 / 2001.
13) Annexes B and C to Council Regulation (EC) No 338 / 97.
14) Annex VI to Commission Regulation (EC) No 1808 / 2001.
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Regulation Information
| Citation | 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 therein and other measures to protect those species and amending certain laws (Act on the Trade in Endangered Species) |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.04.2004 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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