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  1. You are in: CITES
  2. Welcome
  3. CITES Controls in Spain
  4. Legalizations

 Legalizations

figura tallada de marfil (Loxodonta africana) ©  Aut. Adm. CITESRegularization or legalization of a specimen involves accrediting the legal origin of a live or dead animal or plant specimen with regard to CITES provisions.

In the case of regularization of pre-Convention specimens, it is a matter of proving that the specimen was acquired before the species to which it belongs was included in the Appendices to the CITES Convention and in the Annexes to Regulation (EC) 338/97.

The decision on whether to accept pre-Convention Certificates issued by a third country lies with the competent Authorities in each country that is Party to the Convention, and their decision will determine whether specimens of species listed in Appendix I of the CITES Convention and in Annex A of Regulation (EC) 338/97 may be traded for commercial purposes.  
  • For specimens of species included in Appendix I of the CITES Convention, it is necessary for the importing country to authorize the operation prior to the issue of an export/re-export permit/certificate. 
  • In the case of specimens of species listed in Appendix II, it is necessary for the Authorities in the country of destination to accept the export/re-export permit prior to the specimen being shipped.
  • For specimens of species listed in Annexes to EU Regulations, but not in the Appendices of the CITES Convention, proof should be provided to the Spanish Management Authority that the specimens were acquired legally before the species was included in the Appendices. No prior authorization is required from the destination country to export/re-export any such specimens. 

APPLICATION FOR LEGALIZATION OF SPECIMENS

Applications for CITES legalization in respect of specimens of species included in Annexes A, B, or C of Regulation (EC) 338/97 should be submitted to one of the SOIVRE Inspection Services at the Territorial/Provincial Directorates for Trade. The application should include, at least:
  • Applicant's statement describing the circumstances, country, date, etc., of acquisition of the specimen(s) concerned. Date of acquisition is understood as being the date on which specimens, or the materials used to produce them (ivory products, musical instruments), were first acquired, or taken from the wild.
  • Documents that show satisfactory proof of the legal status of specimens. The Management Authority will examine all evidence submitted (old photographs, publications, last wills and testaments, auction catalogues, ivory warranty certificates issued by authorized antiquarians, etc.).
  • Any other information that the applicant or Management Authority deems necessary to prove the source of the specimens.
Should a specimen be accepted as being pre-Convention, the relevant EU CITES Certificate (only valid within the EU), or CITES import, export, or re-export certificate (valid for transactions outside the EU) will be issued, and any pertinent conditions or restrictions shall be applied.  
NB: Given that the date on which the CITES Convention came into force in each Party country is different, it may occur that specimens are considered pre-Convention in the country in which they have been legalized, but not in other countries that are Parties to the Convention. Accordingly, when considering the import, export, or re-export of a specimen, owners should first confirm that the operation will be authorized by the other country.
 
Subd. Gral. de Inspección, Certificación y Asistencia Técnica del Comercio