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- EXPLANATORY MEMORANDUM
Annex 2 as referred to in Article 7, paragraph 1 of the Regulation on the issue and marking of closed leg rings and other identifying marks
Application form for obtaining closed leg rings for bred rings belonging to protected native species and bred birds belonging to protected exotic species listed in Annex A to the basic Regulation. The undersigned, name: .................................................................. initials: ............................ address: .................................................................. post code: ............. town: ................................................. cultivation number (if applicable): ....................... hereby requests the dispatch of the following rings: number: internal diameter in mm: manufactured from: .......... ................ mm anodised metal/plastic/stainless steel* .......... ................ mm anodised metal/plastic/stainless steel* .......... ................ mm anodised metal/plastic/stainless steel* .......... ................ mm anodised metal/plastic/stainless steel* .......... ................ mm anodised metal/plastic/stainless steel* .......... ................ mm anodised metal/plastic/stainless steel* .......... ................ mm anodised metal/plastic/stainless steel* .......... ................ mm anodised metal/plastic/stainless steel* .......... ................ mm anodised metal/plastic/stainless steel* and hereby declares:
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town: …………………………………. date: ……………………………….. signature: ………………………………………….. * Delete what does not apply. EXPLANATORY MEMORANDUM Section 1 Introduction All the regulations relating to the protection of plant and animal species have now been incorporated in a singe Act: the Flora and Fauna Act. This is hereinafter designated as the Act. The Act combines the provisions concerning the aforesaid protection as had previously taken shape in various Acts: the Bird Protection Act 1936, the Hunting and Shooting Act, the Nature Conservancy Act, the Useful Animals Act 1914 and the Act on endangered exotic animal and plant species. Rules have been laid down in Chapter V, Part III, Section 1 of the Act concerning the granting of special dispensations, exemptions and licences. Section 2 of Chapter V, Part III contains a basis for granting other dispensations and exemptions. Within this context, Article 75 of the Act makes it possible to grant dispensations or exemptions from the legal prohibitions referred to in Chapter III of the Act if a dispensation or exemption cannot be granted for this on the basis of another, special Article of the Act. Further provisions concerning dispensations, exemptions and licences have been laid down in Section 3 of Chapter V, Part III. Article 75 of the Act has been elaborated in the Decree on the dispensation of protected animal and plant species and the Regulation on the dispensation of protected animal and plant species. In Article 5, paragraph 1 of the Decree on the dispensation of protected animal and plant species, a dispensation is granted for bred birds belonging to a protected native animal species, in so far as these species are not listed in the annexes to the basic Regulation. Dispensations for bred birds that arise directly from international obligations or binding decisions by bodies of the European Union have been incorporated in the Regulation on the dispensation of protected animal and plant species pursuant to the Flora and Fauna Act. This concerns protected native bird species as listed in Annex A, B, C or D to the basic Regulation and also protected exotic bird species, where listed in Annex A to the basic Regulation. In relation to the dispensations for bred birds incorporated in the aforesaid Decree and the aforesaid Regulation, additional conditions apply, including the condition that bred birds should be fitted with a closed leg ring. The present Regulation lays down further rules concerning the technical specifications and issue of and applications for the said leg rings. The present Regulation does not contain any provisions relating to the registration duty on the part of the holder. The latter provisions have been included in the Regulation on the administration and ownership of and trade in protected animal and plant species. Rules concerning the issue and marking of leg rings had previously been incorporated in the Bird Protection Act 1936 and the implementing regulations based on that Act, such as the Bird Protection Decree 1994, the Regulation on the implementation of the Bird Protection Act 1936 and a number of Decrees authorising organisations of bird keepers to issue leg rings. Under the Act on endangered animal and plant species, requirements concerning closed leg rings were also laid down in accordance with the basic Regulation and the implementing Regulation. Official consultation with the organisations of bird keepers has been carried out concerning the substance of this Regulation. Section 2 Rings and identifying marks Technical requirements that closed leg rings should meet are laid down in Articles 3 – 5. With regard to the definition of closed leg rings, a link has been made with the provisions of the implementing Regulation. This definition applies, from the point of view of harmonisation, both to closed leg rings for birds belonging to protected native species not listed in Annex A, B, C or D to the basic Regulation and to specimens of species that are listed therein. This concerns birds belonging to protected native and exotic animal species listed in Annex A to the basic Regulation and birds belonging to protected native animal species listed in Annex B, C or D to the basic Regulation. It has been specified from what material closed leg rings should be made, what inscription should be applied to identify the individual rings and what requirements apply with respect to the dimensions of the rings to be supplied. The inscription is such that each ring has a unique code. In combination with the compulsory administration by recognised organisations entrusted with the issue of rings, the inscription offers the possibility of tracing the legal origin or otherwise of bred birds. The present rules will have a preventative effect. In addition, the administration duty in combination with the inscription of closed leg rings promotes the enforcement of the provisions of the Act and the implementing regulations based thereon. Article 6 relates to bred birds that have been fitted with a closed leg ring or other identifying mark in a State other than the Netherlands. This Article contains further requirements that should be met by closed leg rings or other identifying marks in order to be covered by the dispensation referred to in Article 5, paragraph 1 of the Decree on the dispensation of protected animal and plant species. Articles 7-9 contain further rules concerning applications for and the issue and costs of closed leg rings to be issued in the Netherlands. In Article 7, paragraph 1, five federations of bird keepers are recognised and entrusted with the issue of closed leg rings. The bird federations designated in that Article had previously already been authorised under the Bird Protection Act 1936 to supply rings for bred birds on behalf of the Minister for Agriculture, Nature Management and Fisheries. The said federations may of course not refuse to issue closed leg rings to persons not belonging to their associations. Such refusal to a non-member may lead to withdrawal of the recognition. Articles 10-13 further contain transitional and final provisions. Section 3 Notification of technical regulations The draft Regulation was notified to the Commission of the European Communities on ………. 2001 in implementation of Article 8, paragraph 1 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and rules and regulations applying to Information Society services (OJ L 204), as amended by Directive 98/48 of 20 July 1998 (OJ L 217). The draft Regulation has been registered under number: ……. The present Regulation should be viewed in combination with the Decree on the dispensation of protected animal and plant species and the Regulation on the dispensation of protected animal and plant species pursuant to the Flora and Fauna Act. In the said Decree and Regulation, dispensations are granted from a number of prohibitory provisions of the Flora and Fauna Act for bred birds if, among other things, the requirement of a closed leg ring has been met. The present Regulation contains the technical regulations for closed leg rings. The notification period as referred to in Article 9, paragraph 1 of Directive 98/34/EC ended on ……… …………. The draft Regulation has further been notified to the Secretariat of the World Trade Organization in implementation of Article 2, paragraph 9 of the Agreement on Technical Barriers to Trade concluded in Marrakech on 15 April 1994 (Treaty Gazette 1994, 235). The draft Regulation has been registered under number: ….
The Regulation makes provision for the possibility of keepers of birds seeking compensation for costs incurred in the issue and administration of closed leg rings. The Regulation is therefore cost-neutral for the government and the designated authorities. For bird keepers, too, the costs remain virtually the same. THE STATE SECRETARY FOR AGRICULTURE, NATURE MANAGEMENT AND FISHERIES ** Maximum internal diameter in mm. * Annex A to the basic Regulation. The species marked as A- are protected exotic species listed in Annex A to the basic Regulation. Ringenmerktekens-r-210801.doc: Directory: barreirastecnicas -> pontofocal pontofocal -> Pctts 266 : 20xx general statement pontofocal -> Draft regulation Impact Statement for Underrun Protection a draft statement inviting discussion and comments from parties affected by the proposed heavy commercial vehicle safety initiative January 2007 Report Documentation Page pontofocal -> Kenya standard ks 06-77: 1978 ics 13. 340 Download 1.31 Mb. Share with your friends:
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