Ausnahmebescheinigung vom Vermarktungsverbot für Anhang-A-Arten Erteilung

The animals (e.g. tortoises or birds of prey), plants or their products (e.g. feather ornaments, fur coats, ivory products) listed in Annex A of the EC Species Protection Regulation 338/97 are subject to a marketing ban. If you wish to use Annex A specimens for commercial purposes, you must apply for a certificate of exemption.

If you want to market (sell) strictly protected animals, you sometimes need a special permit.

Animals and plants listed in Annex A of "EC Regulation (EC) No. 338/97 on the protection of species of wild fauna and flora by regulating trade therein" may not simply be marketed. You need a so-called EC marketing permit. Sometimes it is also called an EC certificate.

The following actions with such animals are prohibited without an EC certificate:

• Purchase,
• Offer for sale,
• Acquisition for commercial purposes,
• display for commercial purposes,
• use for commercial purposes and
• sale,
• keeping in stock for sales purposes,
• offering for sale or
• transportation for sale.

If such an animal is sold, the original EC certificate must be handed over to the new owner together with the animal.

This also applies to the marketing of own offspring of affected species. For reasons of legal certainty, we recommend applying for certificates for offspring, even if no marketing is intended.

Only a few of these species are exempt from the certification requirement. They are listed in Annex X of EC Regulation 865/2006 (implementing provisions for EC Regulation 338/97).

The certification requirement also applies to dead animals, parts of dead animals and all objects and products from animals protected under Annex A.

Certificates can only be issued for legally bred or legally imported animals, animal products or objects.

Certificates that have become invalid must be returned to the issuing authority

• Proof of legal origin:

  Depending on the case, this could be

  • Information on prior acquisition, e.g. invoices, description of the trade route, accounts
  • EC import permit
  • Progeny confirmation from the nature conservation authority, breeding certificate from the breeder including details of the parents
• Exemption permit/exemption from the competent authority for legal nature extraction
• If necessary, meaningful photos or, for live animals, identification in accordance with the Federal Species Protection Ordinance
• For an amendment/ correction of the EC marketing authorization: Your invalid/outdated EC marketing authorization

In order to obtain an EC marketing authorization, at least one of the following points must be true:

• The animal/plant/object was not yet protected when it was purchased or imported into the EU.
• The animal was born and bred in captivity.
• The plant was artificially propagated.
• The item/product was made from animals born in captivity or artificially propagated plants.
• The item was produced before 1947.
• The animal/plant/object was legally purchased or imported into the EU. Regulation (EC) No. 338/97 was observed.
• The animal/plant was caught in an EU member state in accordance with the legislation applicable there.

The exemption must be in accordance with other Community legislation on the conservation of wild animal and plant species.

You can only apply for the exemption online.

Online service:

• You will find the link to the online service under "Forms".
• The online service guides you step by step through the application process.
• You can submit the required documents digitally.
• You can temporarily save your entries for 30 days.
• You need a service account to complete and submit the online application. If you do not yet have a service account, you can register for one. You can do this during the online application process.
• You will receive the notification by post.