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WHEREAS SOME IVORY PRODUCING COUNTRIES ARE CURRENTLY UNABLE TO EFFECTIVELY CONTROL THE TAKING OF ELEPHANTS AND THE NUMBER OF TUSKS ENTERING INTERNATIONAL TRADE;
WHEREAS INTERMEDIARY AND IVORY CONSUMING COUNTRIES ARE CURRENTLY NOT ABLE TO ENSURE THAT ALL IVORY TRADE ORIGINATES FROM LEGAL SOURCES;
WHEREAS A NUMBER OF PARTIES TO THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA, AMONGST WHICH ARE SEVERAL IMPORTANT COUNTRIES OF ORIGIN OF THE AFRICAN ELEPHANT, HAVE PROPOSED THE TRANSFER OF THE SPECIES FROM APPENDIX II TO APPENDIX I OF THE CONVENTION.
WHEREAS THE ADOPTION OF THAT PROPOSAL BY THE NEXT MEETING OF THE CONFERENCE OF THE PARTIES TO THE CONVENTION IN OCTOBER 1989 WOULD END INTERNATIONAL COMMERCIAL TRADE IN IVORY AND OTHER PRODUCTS DERIVED FROM ELEPHANTS AS OF JANUARY 1990;
WHEREAS IT IS GENERALLY BELIEVED THAT POACHERS AND UNSCRUPULOUS TRADERS WILL USE THE PERIOD BETWEEN NOW AND THE ENTRY INTO FORCE OF THE APPENDIX I LISTING TO ACQUIRE AS MUCH IVORY AS POSSIBLE WHICH WILL LEAD TO AN INCREASE OF POACHING AT AN UNPRECEDENTED LEVEL;
WHEREAS, IN ORDER TO PREVENT THIS EXPECTED WAVE OF INCREASED POACHING, INTERMEDIARY AND IVORY CONSUMING NATIONS SHOULD, OTHER THAN IN EXCEPTIONAL CIRCUMSTANCES, PROHIBIT ALL IMPORTS OF IVORY AND OTHER PRODUCTS DERIVED FROM THE AFRICAN ELEPHANT WITH IMMEDIATE EFFECT:
WHEREAS ANY IMPORTATION INTO THE COMMUNITY OF IVORY AND OTHER PRODUCTS DERIVED FROM THE AFRICAN ELEPHANT DOES NOT CURRENTLY MEET THE CONDITIONS LAID DOWN IN ARTICLE 10.1.B) OF COUNCIL REGULATION (EEC) NO 3626/82;
HAS ADOPTED THIS REGULATION.
ARTICLE I
1. THE ISSUE OF IMPORT PERMITS FOR LIVE SPECIMENS, RAW AND WORKED IVORY, AS WELL AS ANY OTHER PRODUCT OF THE AFRICAN ELEPHANT (LOXODONTA AFRICANA) IS HEREBY PROHIBITED.
2. IMPORT PERMITS MAY ONLY BE ISSUED IN EXCEPTIONAL CIRCUMSTANCES. MEMBER STATES SHALL INFORM THE COMMISSION OF ANY PERMIT ISSUED UNDER THIS PROVISION.
ARTICLE 2
THIS REGULATION SHALL APPLY FROM THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES.
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES.
DONE AT BRUSSELS
2
FOR THE COMMISSION