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Commission regulation (EC) No 865/2006Show full title
Commission regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein
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Article 58Export and re-export from the Community of personal and household effects
1.The derogation from Article 5 of Regulation (EC) No 338/97 for personal or household effects, provided for in Article 7(3) of that Regulation, shall not apply to specimens used for commercial gain, sold, displayed for commercial purposes, kept for sale, offered for sale or transported for sale.
That derogation shall apply to specimens only if they meet one of the following conditions:
(a)they are contained in the personal luggage of travellers going to a third country;
(b)they are contained in the personal property of a natural person transferring his normal place of residence from the Community to a third country.
2.In the case of export, the derogation from Article 5 of Regulation (EC) No 338/97 for personal or household effects, provided for in Article 7(3) of that Regulation, shall not apply to specimens of species listed in Annexes A or B to that Regulation.
3.The re-export, by a person normally residing in the Community, of personal or household effects, including personal hunting trophies, that are specimens of species listed in Annexes A or B to Regulation (EC) No 338/97 shall not require the presentation to customs of a re-export certificate, provided that one of the following is presented:
(a)the customs-endorsed ‘copy for the holder’ (form 2) of a previously used Community import or export permit;
(b)the copy of the (re-)export document referred to in Article 57(3) of this Regulation;
(c)proof that the specimens were acquired within the Community.
4.By way of derogation from paragraphs 2 and 3, the export or re-export of the items listed in points (a) to (d) of Article 57(5) shall not require the presentation of a (re‐)export document.
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