Article 17
The customs office referred to in Article 16 shall, after completing box 27, return the original (form 1) and the 'copy for the holder` (form 2) to the (re-)exporter or to his authorized representative. The 'copy for return to the issuing authority` (form 3) shall be forwarded as specified in Article 19.

Article 18
1. In the case of artificially propagated plants of species listed in Annexes B and C to Regulation (EC) No 338/97, and of artificially propagated hybrids produced from unannotated species listed in Annex A thereto Member States may provide that a plant health certificate shall be used instead of an export permit or re-export certificate.
2. Where a plant health certificate referred to in paragraph 1 is used, it shall include the scientific name at the species level or, if this is impossible for those taxa included by family in the Annexes to Regulation (EC) No 338/97, at the generic level, whereas artificially propagated orchids and cacti listed in Annex B thereto may be referred to as such. Plant health certificates shall also include the type and quantity of specimens and bear a stamp, seal or other specific indication stating that 'the specimens are artificially propagated as defined by Cites`.
3. Where a Member State, in compliance with the guidelines adopted by the Conference of the Parties to the Convention, registers nurseries exporting artificially propagated specimens of species included in Annex A to Regulation (EC) No 338/97, it may make pre-issued export permits available to the nurseries concerned on which, in box 23, the registration number of the nursery as well as the following statement is included:
'Permit valid only for artificially propagated plants as defined by Cites resolution conf. 9.18. valid only for the following taxa: . . . . . . . . . . .`.

Section 5 The return to issuing authorities of documents presented to customs

Article 19
1. Customs offices shall without delay forward to the relevant management authority of their country all documents which have been presented to them in accordance with the provisions of Regulation (EC) No 338/97 and of this Regulation.
Management authorities receiving such documents shall without delay forward those issued by other Member States to the relevant management authorities together with any supporting Cites documents.
2. By way of derogation from paragraph 1, customs offices may confirm the presentation of documents issued by the management authority of their Member State in electronic form.

Section 6 Certificates provided for in Article 10 of Regulation (EC) No 338/97

Article 20
1. A management authority of the Member State in which specimens are located may, on receiving an application in accordance with paragraphs 5 and 6 issue certificates referred to in paragraphs 2, 3 and 4 which shall be exclusively for the purposes specified in these paragraphs.
2. A certificate for the purposes of Article 5 (2) (b), (3) and (4) of Regulation (EC) No 338/97 shall state that specimens:
(a) were taken from the wild in accordance with the legislation in force on its territory; or
(b) are abandoned or escaped specimens that were recovered in accordance with the legislation in force on its territory; or
(c) were acquired in, or were introduced into the Community in accordance with the provisions of Regulation (EC) No 338/97; or
(d) were acquired in, or were introduced into the Community before 1 June 1997 in accordance with Council Regulation (EEC) No 3626/82 (4); or
(e) were acquired in, or were introduced into the Community before 1 January 1984 in accordance with the provisions of the Convention; or
(f) were acquired in, or were introduced into the territory of a Member State before the provisions of the Regulations referred to in (iii) or (iv) or the Convention became applicable to them, or became applicable in that Member State.
3. A certificate for the purposes of Article 8 (3) of Regulation (EC) No 338/97 shall state that specimens of species listed in Annex A thereto are exempted from one or more of the prohibitions of Article 8 (1) thereof because they:
(a) were acquired in, or were introduced into, the Community when the provisions relating to species listed in that Annex or in Appendix I to the Convention or in Annex C1 to Regulation (EEC) No 3626/82 were not applicable to them; or
(b) originate in a Member State and were taken from the wild in accordance with the legislation in force on its territory; or
(c) are abandoned or escaped specimens that were recovered in accordance with the legislation in force on its territory; or
(d) are, or are parts of, or are derived from animals born and bred in captivity; or
(e) are authorized to be used for one of the purposes referred to in Article 8 (3) (c) and (e) to (g) of Regulation (EC) No 338/97.
4. A certificate for the purposes of Article 9 of Regulation (EC) No 338/97 shall state that the movement of live specimens of a species listed in Annex A thereto, from the prescribed location indicated in the import permit, or in a previously issued certificate, is authorized.
5. The applicant must, where appropriate, complete boxes 1, 2 and 4 to 19 of the application form and boxes 1 and 4 to 18 of the original and all copies. Member States may, however, provide that only an application form is to be completed, in which case such an application may be for more than one certificate.
6. The duly completed form must be submitted to a management authority of the Member State in which the specimens are located, together with the necessary information and the documentary evidence that that authority deems necessary so as to allow it to determine whether a certificate should be issued. The omission of information from the application must be justified. When an application is made for a certificate relating to specimens for which such an application has previously been rejected, the applicant must inform the management authority of such previous rejection.

Article 21
1. Where a shipment which is covered by a 'copy for the holder` (form 2) of an import permit, a 'copy for the importer` (form 2) of an import notification, or a certificate are split, or where for other reasons the entries in such document no longer reflect the actual situation, the management authority may make the necessary amendments in accordance with Article 4 (2), or issue one or more corresponding certificates only in accordance with the provisions of and for the purposes referred to in Article 20 and after having established the validity of the document to be replaced, where necessary in consultation with a management authority of another Member State.
2. Where certificates are issued to replace a 'copy for the holder` (form 2) of an import permit, a 'copy for the importer` (form 2) of an import notification, or a previously issued certificate, such document shall be retained by the management authority issuing the certificate.
3. A certificate that has been lost, stolen, or destroyed can only be replaced by the authority which issued it.
4. Where, for the purposes of paragraph 1, a management authority consults a management authority of another Member State, the latter shall respond within a period of one week.

Section 7 Labels

Article 22
1. In compliance with Article 7 (4) of Regulation (EC) No 338/97, the labels referred to in Article 2 (4) of the present Regulation shall only be used for the movement between duly registered scientists and scientific institutions of non-commercial loans, donations and exchanges of herbarium specimens, preserved, dried or embedded museum specimens and live plant material for scientific study.
2. A registration number shall be attributed to the scientists and scientific institutions referred to in paragraph 1 by a management authority of the Member State in which they are located, which shall contain five digits, the first two of which shall be the 2-letter ISO country code for the Member State concerned and the last three a unique number assigned to each institution by the competent management authority.
3. The scientists and scientific institutions concerned shall complete boxes 1 to 5 of the label and, by the return of the part of the label provided for that purpose, immediately inform the management authority with which they are registered of all details about the use of every label.

Section 8 Customs offices other than the border customs office at the point of introduction

Article 23
1. In accordance with Article 4 (7) of Regulation (EC) No 338/97, where a shipment to be introduced into the Community arrives at a border customs office by sea, air, or rail for dispatch by the same mode of transport and without intermediate storage to another customs office in the Community designated in accordance with Article 12 (1) of Regulation (EC) No 338/97, the completion of checks and the presentation of import documents shall take place at the latter.
2. Where a shipment was, in accordance with Article 4 of Regulation (EC) No 338/97, checked at a customs office designated in accordance with Article 12 (1) of Regulation (EC) No 338/97 and is dispatched to another customs office for any subsequent customs procedure, the latter shall require presentation of the 'copy for the permittee` (form 2) of an import permit, completed in accordance with Article 12, or the 'copy for the importer` (form 2) of an import notification, completed in accordance with Article 14, and may carry out any checks it deems necessary in order to establish compliance with the provisions of Regulation (EC) No 338/97 and of this Regulation.

CHAPTER III Specimens born and bred in captivity and to artificially propagated specimens

Article 24
Without prejudice to Article 25, a specimen of an animal species shall only be considered to be born and bred in captivity when a competent scientific authority of the Member State concerned is satisfied that:
(a) it is, or is derived from, the offspring, born or otherwise produced in a controlled environment, i.e. an environment that is intensively manipulated by man, which may include artificial housing, waste removal, health care, protection from predators and artificially supplied food, for the purpose of producing specimens of the species in question and that has boundaries designed to prevent animals, eggs or gametes of the species from entering or leaving the controlled environment, either of parents that mated or otherwise transferred gametes in a controlled environment, if reproduction is sexual, or of parents that were in a controlled environment when development of the offspring began, if reproduction is asexual;
(b) the parental breeding stock was established in accordance with the legal provisions applicable to it at the time of acquisition and in a manner not detrimental to the survival of the species concerned in the wild;
(c) the parental breeding stock is maintained without augmentation from the wild, except for the occasional addition of animals, eggs or gametes from wild populations to prevent deleterious inbreeding, with the magnitude of such addition determined by the need for new genetic material and not by any other factors; and
(d) the parental breeding stock is managed in a manner designed to maintain the breeding stock indefinitely, i.e. in a manner which has been demonstrated to be capable of reliably producing second-generation offspring in a controlled environment.

Article 25
Where, for the purposes of Article 24, Article 32 (a), or (b) or Article 33 (1), a competent authority deems it necessary to establish the ancestry of an animal through the analysis of blood or other tissue, such analysis, or the necessary samples shall be made available in a manner prescribed by that authority.

Article 26
A specimen of a plant species shall only be considered to be artificially propagated when the scientific authority of the Member State concerned is satisfied that:
(a) it is, or is derived from, plants grown from seeds, cuttings, divisions, callus tissues or other plant tissues, spores or other propagules under controlled conditions, i.e. in a non-natural environment that is intensively manipulated by human intervention, which may include tillage, fertilization, weed control, irrigation, or nursery operations such as potting, bedding and protecting from weather;
(b) the cultivated parental stock was established in accordance with the legal provisions applicable to it on the date of acquisition and is maintained in a manner not detrimental to the survival of the species in the wild;
(c) the cultivated parental stock is managed in such a way that its long-term maintenance is guaranteed, and
(d) in the case of grafted plants, both the root stock and the graft have been artificially propagated in accordance with subparagraphs (a), (b) and (c).

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