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?
3.6.11 Are there simpler procedures for personally owned live animals (e.g. pets, etc.)?
Personal ownership certificates289 can be used to facilitate travel with personally-owned live animals of species listed in Annexes A, B or C of the Regulations, provided that those animals are held for personal non-commercial purposes only. A personal ownership certificate may be used more than once, providing that all conditions are met, thereby precluding the need for application for CITES permits each time an international border is crossed.
Personal ownership certificates are not issued for plants or dead animals, or their parts or derivatives.
3.6.11.1 When can personal ownership certificates be used?
Personal ownership certificates may only be issued for legally acquired live animals held for personal, non-commercial purposes290.
A personal ownership certificate can only cover one specimen291. 3.6.11.2 How are personal ownership certificates used?
A personal ownership certificate may be used in place of an import permit. If the country of destination agrees (Management Authority will advise on this), it may also be used as an export permit or re-export certificate292.
The specimen must be accompanied by the owner when crossing an international border.
3.6.11.3 Where can a personal ownership certificate be obtained, and what requirements apply?
The form to be used for a personal ownership certificate is the same as for an import or export permit or a re-export certificate (see Figure 2 and Table 7). However, the box ‘Other’ should be crossed. Detailed steps on application and issuance are provided in Figure 13. The form is accompanied by a continuation sheet similar to that used with a travelling exhibition certificate293 (see Figure 11), that is endorsed by Customs whenever a border is crossed. Personal ownership certificates issued by an EU Management Authority are valid for three years294 (see Section 8.2).
If the specimen originates from within the EU, the applicant should apply to the Management Authority of the Member State where the specimen is located295.
If the specimen originates from a country outside of the EU, the Management Authority of the EU Member State that was the first country of destination for the specimen issues the personal ownership certificate, on the condition that equivalent documentation from the country of export has been provided by the holder to that EU Management Authority296.
289 Articles 37 to 44 Regulation (EC) No 865/2006.
290 Article 37(1) Regulation (EC) No 865/2006 291 Article 37(2) Regulation (EC) No 865/2006 292 Article 38 Regulation (EC) No 865/2006 293 Annex IV Regulation (EU) No 792/2012 294 Article 10(3) Regulation (EC) No 865/2006 295 Article 39(1) Regulation (EC) No 865/2006 296 Article 39(2) Regulation (EC) No 865/2006
Reference Guide to the European Union Wildlife Trade Regulations 83
In box 23 of the personal ownership certificate, or in an appropriate annex to the certificate, the following text must be inserted297:
Valid for multiple cross-border movements where the specimen is accompanied by its owner.
Legal owner to retain original form.
The specimen covered by this certificate may not be sold or otherwise transferred except in accordance with Article 43 of Commission Regulation (EC) No. 865/2006. This certificate is non-transferable. If the specimen dies, is stolen, destroyed, or lost, or if it is sold or ownership of the specimen is otherwise transferred, this certificate must be immediately returned to the issuing Management Authority.
This certificate is not valid unless accompanied by a continuation sheet, which must be stamped and signed by a Customs official at each border crossing.
This certificate shall in no way affect the right of States to adopt stricter domestic measures regarding restrictions or conditions for the holding/keeping of live animals.
If an animal covered by a personal ownership certificate gives birth whilst in a Member State, the Management Authority of that State must be notified and a certificate issued (or a permit if the offspring is to be used for purposes other than as a personal pet), as appropriate298.
3.6.11.4 What other conditions apply to a personal ownership certificate
All live animal specimens must be uniquely and permanently marked in accordance with Article 66 of Regulation (EC) No 865/2006 (see Section 6 on marking methods), in order that the authorities may verify that the animal covered by the personal ownership certificate corresponds to the animal being imported/exported299.
Specimens which are covered by a personal ownership certificate must be registered by the certificate-issuing authority, and returned to the Member State in which they were registered prior to the expiry of the certificate, unless they originated from a country outside of the EU300. Where the specimens originated from outside of the EU (a third country), the certificate must include the following text in box 20 of the form301:
This certificate is not valid unless accompanied by an original personal ownership certificate issued by a third country and unless the specimen to which it relates is accompanied by its owner.
Specimens covered by a personal ownership certificate may not be used for commercial purposes302. If the owner wishes to sell the specimen, they must first surrender the certificate to the issuing authority. In order to keep/offer a specimen listed in Annex A for sale in the EU, the owner must apply to the relevant authority for a certificate in accordance with Article 8(3) of Regulation (EC) No 338/97303 (see Section 4). Such a certificate will also be required in the case of Annex B specimens for which it is not possible to prove they were legally acquired in (and, if originating outside of the EU, introduced into) the EU304. For sale outside of the EU, the provisions of Regulation (EC) No 338/97
297 Article 39(3) Regulation (EC) No 865/2006 298 Article 39(4) Regulation (EC) No 865/2006 299 Article 40(1)(d) Regulation (EC) No 865/2006 300 Articles 40(1)(a) and (b) Regulation (EC) No 865/2006 301 Article 40(2) Regulation (EC) No 865/2006
302 Article 40(1)(c) Regulation (EC) No 865/2006 303 Article 43 Regulation (EC) No 865/2006 304 Article 8(5) Regulation (EC) No 338/97
on exports (and associated documentation) will apply – for further information see Section 3.5 above.
The forms on which personal ownership certificates should be drawn up must conform to the model set out in Annex I and, for the continuation sheet, to the model set out in Annex IV of Regulation (EU) No 792/2012 (see also Figures 2 and 11).
Figure 13: Steps involved in the application and issuance of a personal ownership certificate APPLICANT
1. The applicant completes box 1, 4 and boxes 6 to 23 of the Application Form (Form 5).
2. The applicant also completes box 1, 4 and boxes 6 to 22 of the original and all copies of the certificate, if required by the Management Authority.
3. The applicant then submits the documents to the Management Authority in which the specimen is located.
4. If the specimen 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 issued by that third country.
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 specimen originated from a third country).
CUSTOMS
Upon verification of the documents, Customs forwards the original and copies to the Management Authority and to the holder, as set out below.
MANAGEMENT AUTHORITY
1. Issues personal ownership certificate when all conditions have been met and all documents verified.
2. Returns completed documents to the holder (former applicant).
CITES MANAGEMENT AUTHORITY Receives from Customs an endorsed copy of the continuation sheet at each
border crossing.
HOLDER
Receives endorsed original certificate and endorsed original continuation sheet.
Reference Guide to the European Union Wildlife Trade Regulations 85