Is the Commission banning ivory exports?

The export of raw ivory is banned. The Commission guidance document recommends that EU Member States cease issuing export documents for raw ivory. Without an export document, no export of ivory can take place. Between 2013 and 2016, around 1900 old ivory tusks were exported legally from the EU to Asia, marking a sharp increase compared to previous years. Such exports will no longer be possible under the new guidance document.

The export of worked ivory will only be possible under very strict conditions. Only items acquired before 1976 can be exported and it is for the person wishing to export the items to demonstrate that they were acquired before that date. If such evidence cannot be provided by the applicant, then no export document will be delivered by the exporting EU Member State.

The legal export of worked ivory from the EU has also increased in recent years, reaching several thousand items annually. The most commonly exported products are small items made of ivory or containing ivory, musical instruments (especially pianos with ivory keys), carvings and antiques. The Commission guidance document recommends that EU Member States exercise a high level of scrutiny before authorising any export of worked ivory. It details, in particular, what type of evidence demonstrating the legality of the items can be accepted.

What are the international and EU rules on ivory trade?

International ivory trade is banned under the Convention on International Trade in Endangered Species (CITES), with narrowly defined exemptions (for example for items acquired before elephants became protected under CITES).

EU rules on ivory trade are more restrictive than the CITES regime in many instances, notably as they regulate domestic trade in ivory, which is not required under CITES.

Can I import ivory into the EU? Can I purchase ivory goods and bring them in to the EU?

Import of ivory is prohibited, except for very narrow exemptions. Most of the ivory traded into the EU consists of hunting trophies and of old carvings or musical instruments imported as personal belongings (for example as part of a removal). These imports can only take place with the relevant export and import documents and are subject to very strict controls at the borders by customs agencies.

What is the EU doing against illegal ivory trade in the EU?

The Commission is fully committed to fight illegal ivory trade. Tackling ivory trafficking is a priority for the EU. Under the EU Action Plan against wildlife trafficking, the Commission, enforcement agencies in the Member States and Europol have stepped up action against ivory trafficking. This is already delivering first results. Member States seized more than 2.5 tonnes of ivory in 2016, the biggest volume in recent years. Most of this ivory was seized in the EU on its way to Asia.

Why is the EU not banning all intra-EU trade in ivory?

Intra-EU trade in ivory is limited and strictly regulated. Domestic ivory is authorised only for ivory items imported into the EU before elephant species obtained maximum protection under the CITES Convention (18 January 1990 for the African elephant and 1 July 1975 for the Asian elephant) and subject to strict controls. Domestic EU trade can only take place if a certificate has been issued to this effect by the relevant EU Member State, except for “worked items” acquired before 3 March 1947 – , which can be traded in the EU without a certificate.

Since the international ban on ivory trade came into effect, the demand for ivory in Europe has fallen considerably. Intra-EU trade consists mostly of antiques and EU Member States have not been identified as important destination markets for ivory of illegal origin. However, there have been some instances of illegal trade in ivory items within the EU, and there are differences between Member States in applying EU rules on ivory trade. Therefore, the new guidance document sets out criteria and recommendations for Member States to further strengthen vigilance and controls.

Today’s decision, foreseen in the EU Action Plan against wildlife trafficking, will help to prevent that legal ivory trade fuels international ivory trafficking, which has risen significantly over the last decade.

The European Commission will also grant new financial support of € 2.25 million to the Secretariat of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) to help with the implementation of the decisions on international wildlife trade agreed at the CITES Conference of Parties in October 2016.

Commissioner for Environment, Maritime Affairs and Fisheries, Karmenu Vella said: “Fighting international ivory trafficking is a battle we can’t afford to lose. By ending the export of ivory tusks and other raw ivory we are living up to our responsibility. And we are delivering on the next commitment in our Action Plan against wildlife trafficking. Our financial support for developing countries will strengthen their capacity to implement the CITES Convention. This is essential to achieve progress in the fight against poaching and for sustainable wildlife trade.”

The legal export of old ivory items from the EU to Asia has risen since 2012 to a level where it could fuel the global demand for ivory and be used as a cover for illegal ivory trade. This is especially the case for ivory tusks, which represent the largest share of trafficked ivory. To address this problem, the Commission has adopted today’s guidance document recommending that, as of 1 July 2017, EU Member States stop issuing export documents for raw ivory. In practical terms this means an end to the export of raw ivory, except for scientific and educational specimen. In addition, the guidance document, produced in close collaboration with Member States, sets out that the latter should interpret rules strictly when authorising other trade in ivory ensuring that the ivory items are of legal origin.

The EU has already very strict rules on ivory trade. Under these rules, ivory trade is banned, except for items acquired before 1990, when all African elephants obtained the maximum protection under CITES.

The adoption of guidance on ivory trade corresponds to a commitment taken by the EU and its Member States as part of the Wildlife Trafficking Action Plan adopted in 2016. It also responds to calls from the European Parliament and civil society. In the coming months, the Commission will gather data and consult with stakeholders and the public to see if further restrictions on ivory trade are necessary.

Background

Despite an international ivory ban, elephant poaching and ivory trafficking have reached record levels. It is estimated that between 20 000 and 30 000 African elephants are poached every year. Ivory seizures amount to more than 40 tonnes in 2015. The rising demand for ivory products in Asia is one of the main reasons for this surge in trafficking.

The EU has been a longstanding supporter of the CITES Convention, which regulates international trade in about 35 000 animal and plant species. Important decisions against wildlife trafficking were adopted by the 183 CITES Parties at their last meeting in October 2016. The 2.25 million € to be provided to the CITES Secretariat will help implementing these decisions. The money will be used to help CITES Parties ensure that international trade in endangered marine species (sharks, rays or eels) is legal and sustainable, to address concerns linked to fraudulent trade in animals bred in captivity and improve the capacity of developing countries to fulfil their obligations under the CITES Convention. These funds come in addition to many other programmes supported by the EU against wildlife trafficking, such as the Minimising the Illegal Killing of Elephants and other Endangered Species programme or the UNODC-CITES Asia Wildlife Enforcement and Demand Management Project. The EU plans to step up its financial assistance and capacity-building support against wildlife trafficking in the coming months.  

For More Information

Memo on Ivory Trade

Guidance document

The Action Plan and the Staff Working Document