Conf. 5.11

Definition of the term 'pre-Convention specimen'

RECALLING that Article VII, paragraph 2, of the Convention provides an exemption from the requirements of Articles III, IV and V where a Management Authority of the State of export or re-export is satisfied that a specimen was acquired before the provisions of the Convention applied to that specimen and issues a certificate to that effect;

NOTING that the implementation of that Article has given rise to serious difficulties, both of a technical and of a more fundamental nature;

NOTING that Resolution Conf. 4.11, adopted at the fourth meeting of the Conference of the Parties (Gaborone, 1983), only partly solved the issues it addressed and did not address the remaining problems related to the exemption;

CONSCIOUS of the aims and spirit of the Convention;

RECOGNIZING the crucial role of importing Parties in implementing Article VII, paragraph 2, of the Convention, and the authority of importing Parties to apply stricter domestic measures under Article XIV, paragraph 1, to specimens covered by pre-Convention certificates;

THE CONFERENCE OF THE PARTIES TO THE CONVENTION

DECIDES to revoke Resolution Conf. 4.11, adopted at its fourth meeting;

RECOMMENDS that:

a) for the purposes of Article VII, paragraph 2, of the Convention, the date on which a specimen is acquired be:

i) for live and dead animals or plants taken from the wild: the date of their initial removal from their habitat; or

ii) for parts and derivatives: the date of their introduction to personal possession, whichever date is the earliest;

b) the certificate referred to in Article VII, paragraph 2, only be issued by a Management Authority of an exporting country where it is satisfied that at the date on which a specimen was acquired:

- the species involved was not listed in one of the Convention Appendices; or

- its country was not a Party to the Convention; or

- the specimen concerned was subject to a reservation entered by its country with regard to the species involved;

c) the certificate referred to in Article VII, paragraph 2, only be issued by a Management Authority of a re-exporting country where it is satisfied that at the date on which a specimen was acquired:

- the species involved was not listed in one of the Convention Appendices; or

- the country of origin was not a Party to the Convention; or

- the specimen concerned was subject to a reservation entered by the country of origin with regard to the species involved;

in addition to the second and third considerations, its own country:

- was not a Party to the Convention; or

- was treated as a State not a Party to the Convention with respect to trade in the species concerned under Article XXIII, paragraph 3, of the Convention;

d) a Management Authority of an importing country only recognize a pre-Convention certificate issued by another party State if the date of acquisition of the specimen is anterior to the date at which the Convention entered into force in the country of import for the specimen concerned;

e) Parties which issue a pre-Convention certificate either indicate on this certificate the precise date of acquisition of the specimen concerned or certify that this specimen was acquired before a specific date;

f) a specimen be not qualified for the Article VII, paragraph 2, exemption if neither of the dates referred to in e) can be determined;

g) Parties not accept pre-Convention certificates which have not been issued in compliance with this Resolution; and

h) in the case of a species uplisted, i.e. from Appendix III to II or I, or from Appendix II to I, or downlisted from Appendix I to II or III, specimens concerned shall be subject to the provisions applicable to them at the time of export, re-export or import; and

CALLS on Parties to take any necessary measures in order to prevent the undue acquisition of specimens of a species between the date at which the Conference of the Parties approves the inclusion of that species in Appendix I and the date at which the inclusion takes effect.