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

Musical instrument certificates²⁷⁶ can be used for the non-commercial cross-border movement of musical instruments for purposes including, but not limited to, personal use, performance, production (recordings), broadcast, teaching, display or competition. Such certificates may be used for instruments derived from species listed in Annexes A, B or C of the Regulations, with the exception of specimens of species listed in Annex A that were acquired after the species was included in the CITES Appendices.

A musical instrument certificate makes travelling with instruments derived from 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 that can be endorsed by Customs offices more than once. The type and colour of the paper used for the musical instrument certificates should be as detailed in Table 14.

Table 14: Documents required as part of a musical instrument certificate²⁷⁷

Type of document Form Number Colour

Original Form number 1 White with grey guilloche

Copy for the holder Form number 2 Yellow

Copy for return by Customs to

the issuing authority Form number 3 Pale green

Copy for issuing authority Form number 4 Pink

Application form Form number 5 White

Continuation sheets White

3.6.10.1 In which cases can musical instrument certificates be used?

Musical instrument certificates can only be used for non-commercial cross-border movements of musical instruments, where the specimen used in the manufacture of the musical instrument concerned has been legally acquired and where the musical instrument is appropriately identified (see Section 3.6.10.3)²⁷⁸.

A musical instrument certificate may only be issued for an instrument derived from an Annex A-listed species when pre-Convention acquisition of the specimen has been proven.²⁷⁹ Musical instruments derived from an Annex A-listed species for which pre-Convention acquisition cannot be proven may be (re-)exported or imported from/into the EU as “personal effects or household goods” provided certain conditions are met (see Section 3.6.5).

3.6.10.2 How are musical instrument certificates used?

A musical instrument certificate may be used in place of an import permit, export permit or re-export certificate²⁸⁰.

276 Articles 44h to 44p Regulation (EC) No 865/2006 277 Articles 2 and 3 Regulation (EU) No 792/2012 278 Article 44h(1) Regulation (EC) No 865/2006 279 Article 44h(1) Regulation (EC) No 865/2006 280 Article 44i Regulation (EC) No 865/2006

Reference Guide to the European Union Wildlife Trade Regulations 79

3.6.10.3 Where can musical instrument certificates be obtained, and what requirements apply when using them?

The applicant should apply to the Management Authority in their Member State of usual residence²⁸¹. Detailed steps regarding application and issuance of a musical instrument certificate are provided in Figure 12.

The form to be used for a musical instrument 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.

The description of the instrument in the form (box 8) should allow the competent authority to verify that the certificate corresponds to the specimen being imported or exported, and the description should include elements such as the manufacturer’s name, the serial number or other means of identification such as photographs²⁸².

The form is accompanied by a continuation sheet similar to that used with a travelling exhibition certificate²⁸³ (see Figure 11), that is endorsed by Customs whenever a border is crossed. Musical instrument certificates issued by an EU Management Authority are valid for three years²⁸⁴ (see Section 8.2).

In box 23 of the musical instrument certificate, or in an appropriate annex to the certificate, the following text must be inserted²⁸⁵:

Valid for multiple cross-border movements. Original to be retained by holder.

The musical instrument covered by this certificate, which permits multiple cross-border movements, is for non-commercial use for purposes including, but not limited to, personal use, performance, production (recordings), broadcast, teaching, display or competition. The musical instrument covered by this certificate may not be sold or possession of it transferred whilst it is outside the State in which the certificate was issued.

This certificate must be returned to the management authority of the State which issued the certificate before the expiration of the certificate.

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.

A specimen which is covered by a musical instrument certificate must be²⁸⁶:

 registered by the certificate-issuing Management Authority;

 returned to the Member State in which it is registered prior to the expiry of the certificate;

and

 appropriately identified.

A specimen covered by a musical instrument certificate may not be sold or possession of it transferred whilst outside the applicant’s State of usual residence²⁸⁷. If an owner wishes to sell the specimen covered by a musical instrument certificate, they must first surrender the certificate to the

281 Article 44j(1) Regulation (EC) No 865/2006

282 Paragraph 8 of the Instructions and explanations to Annex I Regulation (EU) No 792/2012 283 Article 44h(2) Regulation (EC) No 865/2006 and Annex IV Regulation (EU) No 792/2012 284 Article 10(3) Regulation (EC) No 865/2006

285 Article 44j(2) Regulation (EC) No 865/2006 286 Article 44k Regulation (EC) No 865/2006 287 Article 44k(c) Regulation (EC) No 865/2006

issuing management 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 338/97²⁸⁸ (see Section 4). For sale outside of the EU, the provisions of Regulation (EC) No 338/97 on exports (and associated documentation) will apply – for further information see Section 3.5 above.

The forms on which musical instrument 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).

3.6.10.4 How does the EU treat musical instrument certificates issued by third (non-EU) countries?

An instrument covered by a musical instrument certificate issued by a third country may be introduced into the EU, or re-exported from the EU, without requiring the presentation of a (re-)export document or an import permit, provided that the musical instrument certificate was issued by the third country under similar conditions to those described in Articles 44h and 44j of Regulation (EC) No 865/2006 (see above).

288 Article 44n Regulation (EC) No 865/2006

Reference Guide to the European Union Wildlife Trade Regulations 81

Figure 12: Steps involved in the application and issuance of a musical instrument certificate

APPLICANT

1. The applicant completes box 1, 4 and boxes 7 to 23 of the Application Form (Form 5).

2. The applicant also completes box 1, 4 and boxes 7 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 of usual residence of the applicant, together with necessary information and documentary evidence that the authority deems necessary for it to determine whether a certificate should be issued. If the applicant is different from the legal owner, the full name and address of both the owner and the applicant should be included in the form and a copy of a loan agreement between owner and applicant should be provided to the issuing authority.

MANAGEMENT AUTHORITY

1. Issues musical instrument certificate when all conditions have been met and all documents verified.

2. Returns completed documents to the holder (former applicant).

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.

CUSTOMS

Upon verification of the documents, Customs forwards the original and 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 at each

border crossing.

HOLDER

Receives original certificate and endorsed original continuation sheet.