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Are there streamlined procedures for travelling exhibitions?

3. WHAT ARE THE RULES GOVERNING TRADE INTO AND FROM THE EU FOR SPECIES

3.6 Are there derogations from the normal import and export rules?

3.6.9 Are there streamlined procedures for travelling exhibitions?

Travelling exhibition certificates263 are used for specimens of species listed in the Annexes that are frequently transported across borders in order to be displayed to the public in travelling exhibitions.

A travelling exhibition is a sample collection, circus, menagerie, plant exhibition, orchestra or museums exhibition that is used for commercial display for the public264.

A travelling exhibition certificate makes travelling with specimens of species listed in the Annexes of the EU Wildlife Trade Regulations much easier, because it may be used more than once providing that all the required conditions are met. Therefore, it precludes the need for application for CITES permits each time an international border is crossed, since it is accompanied by a continuation sheet which can be endorsed by Customs offices more than once. The type and colour of the paper used for the travelling exhibition certificates should be as detailed in Table 13.

Table 13: Documents required as part of a travelling exhibition certificate265

Type of document Form Number Colour

Original Form number 1 Yellow with grey guilloche

Issuing Management Authority Form number 2 Pink

Application form Form number 3 White

Continuation sheets & labels White

3.6.9.1 In which cases can travelling exhibition certificates be used?

Travelling exhibition certificates can only be used for specimens which were legally acquired and which were:

 born and bred in captivity in accordance with Articles 54 and 55 of Regulation (EC) No 865/2006;

 artificially propagated in accordance with Article 56 of Regulation (EC) No 865/2006 as amended by paragraph 14 of Regulation (EU) No 791/2012, or

 acquired or introduced into the EU before CITES provisions or EU Regulations were applicable to them (see also Section 3.6.4 on “pre-Convention specimens)266.

263 Articles 30 to 36 Regulation (EC) No 865/2006 264 Article 1(6) Regulation (EC) No 865/2006 265 Articles 2 and 3 Regulation (EU) No 792/2012 266 Article 30(1) Regulation (EC) No 865/2006

In the case of live animals, a travelling exhibition certificate will cover one specimen only267. On the other hand, for dead specimens, parts and derivatives, one certificate can cover more than one specimen.

3.6.9.2 How are travelling exhibition certificates used?

A travelling exhibition certificate may be used in place of an import permit, export permit or re-export certificate. It may also be used as an internal trade certificate, exempting the holder from the prohibition to display the specimens to the public for commercial purposes (see Section 4.1)268. 3.6.9.3 Where can travelling exhibition certificates be obtained, and what requirements apply

when using them?

If the travelling exhibition originates in the EU, the applicant should apply to the Management Authority of the Member State from which the travelling exhibition originates. Detailed steps regarding application and issuance of a travelling exhibition certificate are provided in Figure 9269. If the travelling exhibition originates in a country outside the EU, the Management Authority of the EU Member State that is the first country of destination for the travelling exhibition should issue the travelling exhibition certificate. In this case, a travelling exhibition certificate should be issued only when equivalent documentation has been provided by the country of export270.

Figure 10 provides an example of a travelling exhibition certificate.

If an animal covered by a travelling exhibition certificate gives birth whilst the exhibition is in a Member State, the Management Authority of that State must be notified and a certificate issued, or a permit issued (as appropriate), if the offspring is to be used for purposes other than the travelling exhibition271.

Specimens which are covered by a travelling exhibition certificate must be:

 uniquely and permanently marked either in accordance with Article 66 of Regulation (EC) No 865/2006 in the case of live animals (see Section 6 on marking methods), or in a way which enables the authorities of each Member State to verify that the animal covered by the travelling exhibition certificate corresponds to the specimen;

 registered by the issuing Management Authority, unless the specimens originated from a country outside the EU;

 returned to the Member State in which they are registered prior to the expiry of the certificate unless they originated from a country outside the EU272.

Where the specimens originated from outside the EU (i.e. from a third country), the certificate must include the following text in box 20 of the form:

This certificate is not valid unless accompanied by an original travelling exhibition certificate issued by a third country273.

267 Article 30(2) Regulation (EC) No 865/2006 268 Article 31 Regulation (EC) No 865/2006 269 Article 32(1) Regulation (EC) No 865/2006 270 Article 32(2) Regulation (EC) No 865/2006 271 Article 32(3) Regulation (EC) No 865/2006 272 Article 33(1) Regulation (EC) No 865/2006 273 Article 33(2) Regulation (EC) No 865/2006

Reference Guide to the European Union Wildlife Trade Regulations 75

The forms for travelling exhibition certificates, and the accompanying continuation sheet that must be endorsed by Customs whenever a border is crossed, are provided respectively in Annexes III and IV of Regulation (EU) No 792/2012, and also for reference as Figures 10 and 11 of this Guide.

Travelling exhibition certificates issued by an EU Management Authority are valid for three years274 (see Section 8.2)

Figure 9: Steps involved in the application and issuance of a travelling exhibition certificate

274 Article 10(3) Regulation (EC) No 865/2006

MANAGEMENT AUTHORITY

1. Issues travelling exhibition certificate when all conditions have been met and all documents verified.

2. Returns completed documents to the applicant (now the certificate holder).

CERTIFICATE HOLDER (FORMER APPLICANT)

When crossing international border into or out of the EU, the holder shall present to Customs for verification:

1. the original certificate (Form 1);

2. the original and a copy (photocopy) of the continuation sheet; and

3. equivalent documentation (if the exhibition originated from a third country) as well as the above documents.

CUSTOMS

Upon verification of the documents, Customs forwards the endorsed original and endorsed copies to the Management Authority and to the holder, as set out below.

CITES MANAGEMENT AUTHORITY Receives from Customs an endorsed copy of the continuation sheet after

every border crossing.

HOLDER

Receives endorsed original certificate and endorsed original continuation

sheet.

APPLICANT

1. The applicant completes box 3 and boxes 9 to 18 of the Application Form.

2. The applicant also completes box 3 and boxes 9 to 18 of the original and all copies of the certificate, if required by the Management Authority.

3. The applicant then submits documents to the Management Authority.

4. If the exhibition originates from a third country, the forms are submitted to the Management Authority in the first country of destination in the EU, together with equivalent documentation from the country of export.

Figure 10: Travelling exhibition certificate

Reference Guide to the European Union Wildlife Trade Regulations 77

Figure 11: Continuation sheet for travelling exhibition, musical instrument and personal ownership certificates275

275 Updated continuation sheet not available at the time of publication. To be provided as soon as available.

3.6.10 Are there streamlined procedures for the non-commercial cross-border movement of