Can travelling sample collections make use of simpler procedures?

Sample collection certificates³⁰⁵ may be issued in respect of sample collections, provided those collections are accompanied by a valid ATA carnet³⁰⁶

3.6.12.1 When can sample collection certificates be used?

Sample collection certificates can be used for collections of legally acquired dead specimens of species listed in Annexes A, B or C of Regulation (EC) No 338/97 (as well as parts and derivatives thereof) which are transported across borders for presentation purposes³⁰⁷. Specimens, parts or derivatives of species listed in Annex A must also:

 in the case of animal specimens, be of captive born and bred origin in accordance with Articles 54 and 55 of Regulation (EC) No 865/2006, or

 in the case of plant specimens, be artificially propagated in accordance with Article 56 of Regulation (EC) No 865/2006.

3.6.12.2 What can sample collection certificates be used for?

A sample collection certificate may be used in place of³⁰⁸:

 an import permit;

 an export permit or re-export certificate (if the country of destination recognises and allows the use of ATA carnets), and

 an internal trade certificate, exempting the holder from the prohibition to display the specimens to the public for commercial purposes (see Section 4).

3.6.12.3 How are sample collection certificates obtained and what requirements apply when using them?

The form to be used for a sample collection certificate is the same as for an import or export permit or a re-export certificate³⁰⁹ (see Figure 2 and Table 7). However, the certificate must indicate that the document is for “Other: Sample Collection” and the number of the accompanying ATA carnet should be included in box 23³¹⁰. The following text should also be included in box 23 or in an appropriate annex to the certificate:

For sample collection accompanied by ATA carnet No. xxx.

This certificate covers a sample collection and is not valid unless accompanied by a valid ATA carnet. This certificate is non-transferable. The specimens covered by this certificate may not be sold or otherwise transferred whilst outside the territory of the State that issued this document. This certificate may be used for (re-)export from [indicate country of (re-) export]

via [indicate countries to be visited] for presentation purposes and import back to [indicate country of (re-)export].

Detailed steps on application and issuance are provided in Figure 14.

305 Articles 44a to 44g Regulation (EC) No 865/2006

306 The ATA carnet is an international Customs document that can be used in different countries around the world to cover temporary use of goods without payment of Customs charges. Using a carnet simplifies Customs clearance of goods in exporting and importing countries by replacing Customs documents that would normally be required (https://iccwbo.org/resources-for-business/ata-carnet/).

307 Article 44a Regulation (EC) No 865/2006 308 Article 44b Regulation (EC) No 865/2006 309 Annex I Regulation (EU) No 792/2012 310 Article 44d(4) Regulation (EC) No 865/2006

If the sample collection originates in the EU, the applicant should apply to the Management Authority of the Member State in which the collection originates³¹¹.

If the sample collection originates in a country outside of the EU, the Management Authority of the EU Member State that is the first country of destination for the collection should issue the sample collection certificate³¹². In the latter case, a sample collection certificate should be issued only when equivalent documentation has been provided by the country of export and the certificate must include the following text in box 23 of the form (instead of that set out above)³¹³:

This certificate is not valid unless accompanied by an original CITES document issued by a third country in accordance with the provision established by the Conference of the Parties to the Convention.

A sample collection covered by a sample collection certificate must be re-imported into the EU before the date of expiry of the certificate. The specimens may also not be sold or otherwise transferred whilst outside the territory of the EU Member State that issued the certificate. If the specimens covered by the certificate are stolen, destroyed, or lost, the issuing Management Authority and the Management Authority of the country in which this occurred will be immediately informed³¹⁴.

Sample collection certificates issued by an EU Management Authority are valid for six months³¹⁵.

311 Article 44c(1) Regulation (EC) No 865/2006 312 Article 44c(2) Regulation (EC) No 865/2006 313 Article 44d(5) Regulation (EC) No 865/2006 314 Article 44d Regulation (EC) No 865/2006 315 Article 10(3a) Regulation (EC) No 865/2006

Reference Guide to the European Union Wildlife Trade Regulations 87

Figure 14: Steps involved in the application and issuance of a sample collection certificate APPLICANT

1. The applicant completes boxes 1, 3, 4 and boxes 7 to 23 of the Application Form (Form 5).

2. The applicant also completes boxes 1, 3, 4 and boxes 7 to 22 of the original and all copies of the certificate, if required by the Management Authority. The entries in boxes 1 and 3 must be identical. The list of countries to be visited must be included in box 23.

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

4. If the collection 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 that third country.

CERTIFICATE HOLDER (FORMER APPLICANT)

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

1. the original certificate (Form 1) and a copy thereof;

2. the original valid ATA carnet;

3. the copy for the holder (Form 2) and the copy for return to the issuing management authority (Form 3), and

4. equivalent documentation (if the collection originated from a third country).

CUSTOMS

Upon verification of documents and processing of the ATA carnet, 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 the endorsed copy of the sample collection certificate

at each border crossing. At the time of first export from the EU, receives from Customs the copy for return to the issuing

Management Authority.

HOLDER

Receives the endorsed original certificate and endorsed copy for the holder.

MANAGEMENT AUTHORITY

1. Issues sample collection certificate when all conditions have been met and all documents verified.

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