300th Ordinance of the Federal Minister for agriculture and forestry, environment and water management on the marking of specimens of wild species (species - labelling regulation 2013 - ArtKV)
On the basis of article 5, par. 2, 3 and 6 of the trading act of kinds of, Federal Law Gazette I no. 16/2010, is prescribed:
§ 1 (1) this Regulation applies to the identification of living vertebrates whose species in Regulation (EC) No 338 / 97 on the protection of species of wild fauna and flora by regulating trade, OJ, No. L 61 of the 03.03.1997 S. 1 is indicated, as well as for the labelling of raw tusks of African elephant and parts thereof as well as of unedited rhino horns and parts thereof.
(2) raw in the sense of paragraph 1 means that the copies are essentially unchanged. Also, polished are to be mounted or used as part of a trophy specimens as raw on a device.
(3) as far as the European Union is referenced in this regulation regulations, these are to apply in their respectively valid version.
Labelling labelling of Live vertebrate animals in accordance with this regulation § 2 (1) an is carried out if these in accordance with Regulation (EC) No 338 / 97 on the protection of species of wild fauna and flora by regulating trade and Regulation (EC) 865/2006 with implementing measures for Regulation (EC) No 338 / 97 on the protection of species of wild fauna and flora by regulating trade , OJ No. L 166 of the 19.06.2006, S. 1 is required for the issuance of permits or certificates.
(2) if there is no original intact plates, is raw tusks of African elephant and parts thereof, the at least 20 cm length and at least 1 kg weight have, in addition to in articles 4, 5 and 8 of Regulation (EC) No. 338/97 laid down conditions for granting one a,-export or re export permit and a certificate to the exception of the marketing ban , to make a unique and permanent marking. For making an application, serial number required for the identification is issued by the enforcement authority.
(3) in unedited rhino horns and parts thereof is in addition to articles 4, 5 and 8 of Regulation (EC) No. 338/97 laid down conditions for granting one a,-export or re export permit and make a unique and permanent identification for a certificate to the exception of the marketing ban. For making an application, serial number required for the identification is issued by the enforcement authority.
(4) it is making no labelling, if in the context of enforcement types of commercial legislation of the European Union or on the basis of laws of the Member States a copy is already equipped with a proper label and a generally, unique identification is ensured.
3. (1) has the marking to be made after one of the marking methods referred to in annex I.
(2) to be applied to the specific identification method is in Appendix II with a (+) led. Several identification methods are specified for a type, the holder has to choose one of these methods.
(3) only the marking by transponder is kind of a given sufficient a label using photo documentation, provided the respective specimen has permanent morphological peculiarities, such as scars, adhesions, irregular Beschuppungen or other anomalies, providing a unique recognition.
(4) if it is shown the enforcement authority, that the prescribed marking method due to physical or by the behavior of the specimen-related properties is unsuitable in annex II for the species, another marking method, which allows for unique identification, can be set in individual cases by the authority after consultation with the scientific authority.
(5) for specimens of species for which no marking method is set in annex II, after consultation with the scientific authority, the enforcement authority in individual cases has to decide which marking method to apply is.
(6) the indicator can be used only once.
(7) a copy using photo documentation is marked, on request of the authorities always to prove that the holder of the specimen.
Date of marking
§ 4. The marking shall be made as soon as a proper implementation allow the physical and behavioral characteristics of a copy.
§ 5. The identification Protocol within the meaning of § 5 section 6 of the species trade law has to comply with the annex III with regard to form and content.