Commission Regulation (EU) 2025/130 of 28 January 2025 amending Regulation (EC) No 865/2006 as regards developments in the framework of the Convention on International Trade in Endangered Species of Wild Fauna and Flora and the possibility to issue retrospective permits

‘1 The purpose of a transaction shall be indicated using one of the codes in point 1 of Annex IX to this Regulation. Where non-commercial aspects are not clearly predominant, the purpose-of-transaction code T shall be used, except where there is an alternative code that more precisely reflects the nature of the transaction between the (re-)exporter and importer or the intended use by the importer, in which case that other code shall be used. Where non-commercial aspects of the transaction are clearly predominant, the code that best describes the nature of the transaction or the intended use shall be used.’

‘5 As regards applications for permits for import for commercial purposes of specimens of animal species listed in Appendix I to the Convention that are born and bred in captivity submitted after 31 December 2026, the applicant shall satisfy the management authority that the specimen originates from an operation that is registered by the Secretariat of the Convention for that species as an operation that breeds specimens of animal species listed in Appendix I to the Convention in captivity for commercial purposes.’

‘4a As regards applications for permits and certificates for export and re-export for commercial purposes of specimens of animal species listed in Appendix I to the Convention that are born and bred in captivity submitted after 31 December 2026, the applicant shall satisfy the management authority that the specimen originates from an operation that is registered by the Secretariat of the Convention for that species as an operation that breeds specimens of animal species listed in Appendix I to the Convention in captivity for commercial purposes.’

1 To register an operation with the Secretariat of the Convention as an operation that breeds specimens of animal species listed in Appendix I to the Convention in captivity for commercial purposes, the natural or legal person in charge of the operation (the operator) shall submit an application for registration to the management authority of the Member State in which the operation is located. The application shall include the information set out in Annex XIV and demonstrate that the operation meets all of the following requirements: (a) the breeding stock is established in accordance with the provisions of the Convention and of the relevant legislation of the Member State where the operation is located, in a manner not detrimental to the survival of the species in the wild; (b) the specimens produced by the operation qualify as ‘born and bred in captivity’ under this chapter; (c) the operator ensures that an appropriate and secure marking system is used to clearly identify all breeding stock and specimens in trade in accordance with Article 66; (d) the operation makes a continuing meaningful contribution based on the conservation needs of the species concerned.

2 The management authority may submit to the Secretariat of the Convention the application for registration, when, in consultation with the scientific authority, it is satisfied that all the information set out in Annex XIV has been provided and that the requirements for registration set out in paragraph 1 are fulfilled, and that there are no other factors relating to the conservation of the species that militate against registration. The registration shall take effect when the operation is included in the register of operations that breed specimens of animal species listed in Appendix I to the Convention in captivity for commercial purposes, maintained by the Secretariat of the Convention (the Register).

3 If the nature of the operation or the types of products being produced for export change, the operator shall notify the management authority to allow for the update of the information in the Register.

4 The management authority, in consultation with the scientific authority, may ask the Secretariat of the Convention to remove an operation in its jurisdiction from the Register upon request by the operator or if it becomes aware that one or more requirements for the registration referred to in paragraph 1 are no longer fulfilled. From the date of the request of the management authority, no export permits or re-export certificates for the specimens of the animal species listed in Appendix I to the Convention shall be granted for that operation. The registration shall cease to be valid when the operation is removed from the Register by the Secretariat of the Convention.’

1 Member States shall collect data on imports into and exports and re-exports from the Union that have taken place on the basis of permits and certificates issued by their management authorities, irrespective of the actual place of introduction or (re-) export. Member States shall, in accordance with Article 15(4), point (a), of Regulation (EC) No 338/97, report that information to the Commission, for a calendar year, in accordance with the time schedule set out in paragraph 6 of this Article, for species listed in Annexes A, B and C to Regulation (EC) No 338/97, in computerised form and in accordance with the Guidelines for the preparation and submission of CITES annual reports issued by the Secretariat of the Convention.

2 The information referred to in paragraph 1 shall be presented in two separate parts, as follows: (a) one part on imports, exports and re-exports of specimens of species listed in the Appendices to the Convention; (b) one part on imports, exports and re-exports of specimens of other species listed in Annexes A, B and C to Regulation (EC) No 338/97 and on the introduction into the Union of specimens of species listed in Annex D to that Regulation.

3 With regard to imports of shipments containing live animals, Member States shall, where possible, maintain records of the percentage of specimens of species listed in Annexes A and B to Regulation (EC) No 338/97 that were dead at the time of introduction into the Union.

4 The information referred to in Article 15(4), point (c), of Regulation (EC) No 338/97 shall include details on the legislative, regulatory and administrative measures taken to implement and enforce the provisions of Regulation (EC) No 338/97 and this Regulation. Member States shall also report on the following: (a) persons and bodies registered in accordance with Articles 18 and 19 of this Regulation; (b) scientific institutions registered in accordance with Article 60 of this Regulation; (c) breeders approved in accordance with Article 63 of this Regulation; (d) caviar (re-)packaging plants licensed in accordance with Article 66(7) of this Regulation; (e) their use of phytosanitary certificates in accordance with Article 17 of this Regulation; (f) cases where export permits and re-export certificates were issued retrospectively in accordance with Article 15 of this Regulation.

5 The information referred to in paragraph 4, first sentence, shall be submitted in computerised form and in accordance with the ‘Implementation Report Format’ issued by the Secretariat of the Convention and amended by the Commission, and shall correspond to the three-year period ending on 31 December of the previous year. The information referred to in paragraph 4, second subparagraph, if not included in the communication pursuant to Article 15(4), point (a) of Regulation (EC) No 338/97 or in the notification pursuant to Article 66(7) of this Regulation, shall be submitted in computerised form together with the communication pursuant to Article 15(4), point (c) of Regulation (EC) No 338/97.

6 The information referred to in paragraphs 1, 2 and 3 shall be communicated to the Commission for each calendar year before 15 June of the following year on a species-by-species basis and per country of (re-)export. The information referred to in paragraph 4, first sentence, shall be communicated to the Commission by 15 June of the year before the year of each meeting of the Conference of the Parties to the Convention.’

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.