TNAG-1955-FCO40-2784-Trade-of-rare-and-endangered-species-in-Hong-Kong-1989 — Page 110

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TO PRIORITY GIBRALTAR

TELNO 136

OF 06170OZ JULY 89

INFO ROUTINE UKREP BRUSSELS

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101305 MDLOAN 4114

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UK/EC BAN ON IVORY IMPORTS: APPLICATION TO GIBRALTAR

1.

YOU WILL HAVE SEEN FROM OUR GUIDANCE NO 40 OF 27 JUNE THAT THE UK INTRODUCED A TOTAL BAN ON IVORY IMPORTS FROM 9 JUNE. THE UK BAN WAS BASED ON EC REGULATION 3626/82 WHICH (UNDER ARTICLE 10(1)(B)) ALLOWS MEMBER STATES TO REFUSE TO GRANT IMPORT PERMITS WHERE IT IS CONSIDERED THAT SUCH IMPORTS WOULD HAVE A DETRIMENTAL EFFECT ON THE SPECIES CONCERNED (IN THIS CASE THE AFRICAN ELEPHANT). THIS EC REGULATION IMPLEMENTED THE CITES CONVENTION (TO WHICH GIBRALTAR IS A PRIORITY) WITHIN THE COMMUNITY AND LARGELY REPLACED UK DOMESTIC LEGISLATION

UNDER WHICH TRADE IN CITES SPECIES HAD PREVIOUSLY BEEN

CONTROLLED. IN GIBRALTAR'S CASE THE EC REGULATION SHOULD HAVE SUPERSEDED THE ENDANGERED SPECIES (IMPORT AND EXPORT) ORDINANCE

NO 29 OF 1976.

2.

THE NEW EC REGULATION BEING PREPARED (PARA 9 OF GUIDANCE TUR) WILL ALSO APPLY TO GIBRALTAR AND WILL IN EFFECT INTRODUCE A NEAR-TOTAL BAN ON IMPORTS OF IVORY INTO EC COUNTRIES. EXCEPTIONS ARE LIKELY TO INCLUDE PERSONAL HOUSEHOLD EFFECTS, ANTIQUES AND HUNTING TROPHIES. HOWEVER, NO DECISIONS HAVE YET BEEN TAKEN ON THE PRECISE AREAS OF EXEMPTION.

3 =

WE ARE ANXIOUS TO ENSURE THAT GIBRALTAR IS AWARE OF HER CURRENT (AND LIKELY FUTURE) OBLIGATION UNDER EC REGULATIONS ON THIS ISSUE. WE HAVE NO STATISTICS ON THE TRADE IN RAW AND WORKED IVORY THROUGH GIBRALTAR BUT TRADERS DENIED ACCESS TO MARKETS BECAUSE OF THE EC BAN MAY SEEK TO MAKE MORE USE OF TERRITORIES

SUCH AS GIBRALTAR.

4. GRATEFUL IF YOU COULD TAKE A SUITABLE OPPORTUNITY TO DISCUSS THIS WITH THE GIBRALTARIAN AUTHORITIES AT AN APPROPRIATE LEVEL. WE WOULD LIKE TO CHECK THAT GIBRALTAR IS INDEED IMPLEMENTING EC REGULATION 3626/82 AND IS MADE AWARE OF THE NEW EC REGULATION CURRENTLY BEING PREPARED. WE WOULD ALSO LIKE TO ENCOURAGE THE GIBRALTARIAN AUTHORITIES TO CONSIDER IN THE MEANTIME INTRODUCING

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