EU Commission's recommendation of an ivory import/export prohibition starts 19 January 2022

 

EU Commission's recommendation of an ivory import/export prohibition starts 19 January 2022

 

Unfortunately, the EU Commission yesterday issued its final wording for the new regulation on the internal EU sales of elephant ivory items and its ivory guidance document to Member States covering both internal EU sales, as well as international trade.

 

For BADA members the prohibition on imports into and exports from the EU will be the most damaging aspect of the measures.  Regrettably, the hard work put in by antiques trade representatives across Europe and by CINOA to try and get the international trade proposals changed did not prove successful.  However, within the EU dealers will still be allowed to sell pre-1947 ivory items irrespective of the proportion of ivory, thus allowing solid ivory items to be sold - unlike the UK's Ivory Act where there is a 10% de minimis for all but the most important ivory objects. 

 

Internal EU trade

Sale of worked ivory will still be allowed between and within Member States of the EU, but only with a commercial trade certificate, which will require applicants to demonstrate that an item was made before 1947.

 

Prohibition on imports into and exports from the EU

The guidance document has undergone only minor changes since the previous draft was published in January 2021.  The final version still recommends that Member States should not issue import permits or re-export certificates for ivory items, but this time there is an exemption for important pre-1947 items sold to museums and pre-1975 musical instruments currently used by performing musicians.

 

Legislative and other documents

Pre-Official Journal publication versions of the regulation (with Annexes including the EU's latest list of CITES species), the Commission's ivory guidance document and other documents relating to certificates for all endangered species can be found here: https://ec.europa.eu/environment/publications/ending-most-ivory-trade-eu-guidance-and-amendments_en

 

Other EU Commission documents:

Press release: https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6887 

Q & A: https://ec.europa.eu/commission/presscorner/detail/en/qanda_21_6888 

Factsheet ivory trade: https://ec.europa.eu/environment/publications/factsheet-ivory-trade-eu_en

 

Timing

The revised legislation, including the guidance, will be published in the Official Journal of the EU on 30 December 2021 and enter into force on 19 January 2022.  The import/export ban recommendation from the Commission to Member States will therefore be in place on 19 January 2022.  From that date onwards, if members already have ivory items in the EU which they wish to sell, then for each such item they will need to apply for a commercial trade certificate from the endangered species management authority of the Member State where the item is located.

 

Revised ivory trade guidance document

The ivory trade Guidance document is the first port of call for anyone wishing to understand the new EU measures . The draft (pre-publication) copy of the Guidance document is attached, but please note that despite this version bearing the date 16.12.2021, we have been assured that it will not come into force until 19 January 2022.

 

Mark Dodgson

4 January 2022