In an effort to reverse the global trend of losing wildlife at a fast pace, the EU Commission adopted on December 16th 2021 a revised Guidance on the EU regime governing ivory trade which follows on measures already taken under the EU Action Plan against Wildlife Trafficking to eradicate illicit ivory from the EU market.
The new measures affect both commercial trade and imports/ exports of raw and worked elephant ivory. Specifically,
Intra-EU Commercial Trade is
(a) suspended for raw ivory except for the exclusive purpose of repairing objects containing pre-1975 musical instruments and pre-1947 antiques of high cultural, artistic or historical importance. These exceptions will require a certificate from a national Management Authority;
(b) suspended for worked ivory items unless the items in question pre-date 1947. Even then, commercial transactions are only permitted with a certificate from a national Management Authority.
Re-Exports & Imports are
(c) suspended for raw ivory items;
(b) allowed strictly for worked ivory to pre-1975 musical instruments and sales of pre-1947 antiques of high cultural, artistic or historical importance to museums. The Guidance further allows for a permit to be issued where the object in question either forms part of a genuine exchange of cultural goods between reputable institutions, is an heirloom moving as part of a family relocation or is being moved for enforcement, scientific or educational purposes.
Up until now, according to the previous version of this Guidance published in 2017, internal EU trade for commercial purposes of worked ivory acquired in the EU between 1975 and 1990 was allowed and so was the re-export from the EU and import into the EU of worked ivory acquired in the EU between 1947 and 1975. Further, there was no restriction on the import into the EU and re-export from the EU for commercial purposes of pre-1947 worked items. The current Guidance introduces even tighter restrictions, as outlined above, effectively banning most trade and cross-border transfers of elephant ivory.
