300. Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the identification of specimens of wild animal species (species-labelling regulation 2013-ArtKV)
Due to § 5 (2), (3) and (6) of the Endangered Species Trade Act, BGBl. I No 16/2010, shall be ordered:
§ 1. (1) This Regulation shall apply to the labelling of live vertebrate animals, the species of which is laid down in Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, OJ L 327, 31.12.1997, p. No. 1. as well as the identification of unprocessed tusks of African elephants and parts thereof, as well as unprocessed rhino horns and parts thereof.
(2) Unprocessed within the meaning of paragraph 1 shall mean that the specimens are substantially unchanged. Also, polished specimens mounted on a device or used as part of a trophy are to be regarded as unprocessed.
(3) Where reference is made to regulations of the European Union in this Regulation, they shall be applied in their respective versions.
§ 2. (1) The identification of live vertebrate animals in accordance with this Regulation shall be carried out in accordance with Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by means of surveillance of trade and of species Regulation (EC) No 865/2006 laying down detailed rules for the application of Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, OJ L 327, 30.12.2006, p. No. 1. is required for the granting of permits or certificates.
(2) Where there is no original unedited mark, in the case of unprocessed tusks of African elephants and parts thereof having a length of at least 20 cm and weighing at least 1 kg, shall be in addition to those referred to in Art. 4, 5 and 8 of Regulation (EC) No 338/97 laying down conditions for the granting of a single, export or re-export authorisation and for a certificate other than the marketing ban, a unique and permanent marking. In the case of an application, the law enforcement authority shall issue the serial number required for the marking.
(3) In the case of unprocessed rhino horns and parts thereof, in addition to the conditions laid down in Articles 4, 5 and 8 of Regulation (EC) No 338/97, it is necessary to issue a, export or re-export authorisation and a certificate. for the derogation from the marketing ban, a one-off and permanent marking should be made. In the case of an application, the law enforcement authority shall issue the serial number required for the marking.
(4) No marking shall be carried out if, in the context of the enforcement of a European Union legislation on the trade in species, or on the basis of legislation of the Member States, a copy already exists with a proper marking is provided and an equal, unambiguous identification is ensured.
§ 3. (1) The label shall be labelled according to one of the following: Annex I shall be carried out.
(2) The labelling method to be used for each species shall be: Annex II with one (+). If several identification methods are specified for one species, the holder shall select one of these methods.
(3) If, for a species, only the identification is indicated by means of a transponder, a marking shall be sufficient by means of photographic documentation, provided that the particular specimen has permanent morphological characteristics, such as scars, adhesions, irregular shingles or other anomalies that allow for unambiguous recognition.
(4) If the law enforcement authority is satisfied that the Annex II is unsuitable for the type of marking required for the physical nature or characteristics of the specimen in question, may, on a case-by-case basis, by the law enforcement authority after consultation of the Scientific Authority to set up a different labelling method, which will allow for a clear identification.
(5) For specimens of species for which the Annex II no labelling method has been established, the law enforcement authority shall decide, on a case-by-case basis, after consulting the scientific authority, which method of labelling is to be applied.
(6) The tag may only be used once.
(7) If a copy is identified by means of photo documentation, the holder of the copy shall always prove it at the request of the authority.
Date of marking
§ 4. The marking shall be made as soon as the physical and behaviorally related characteristics of an instance permit a proper implementation.
§ 5. The characterising protocol within the meaning of Section 5 (6) of the International Trade in Endangered Species of Wild Fauna and Flora has the following information Annex III shall be appropriate.