17. 8. 89 Official Journal of the European Communities No L 240/5- COMMISSION REGULATION (EEC) No 2496/89 of 2 August 1989 on a prohibition on importing raw and worked ivory derived from the African elephant into the Community THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having -regard to the Treaty establishing the. European Economic Community, Having regard to Council Regulation (EEC) No 3626/82 of 3 December 1982 on the implementation in the Community of the Convention on international. trade in endangered species of wild fauna and flora(*), as last amended- by Regulation (EEC) No 610/89 (3),: and in particular Article 21 thereof, Having regard to the opinion of the Committee on the Convention ‘on international trade in endangered species of wild fauna and flora, Whereas.despite the ivory quota system established by the Parties to the Convention on international trade in endangered species of wild fauna and flora, most ivory is traded outside that system and illegal and excessive taking of elephants continues to take place at unsustainable levels ; . 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 und 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 unscru- pulous traders will use the period between now and the date on which Appendix I listing take effect to acquire as much ivory as possible which will lead to an increase of poaching at an unprecented level; Whereas, in order to prevent - this expected wave of increased poaching, intermediary and ivory consuming nations should prohibit all imports of ivory derived from the African. elephant with immediate effect; Whereas any importation into the Community of ivory derived from the African elephant does not currently meet the conditions laid down in Article 10 (1) (b) of Regulation (EEC) No 3626/82, HAS ADOPTED THIS REGULATION : Article 1 1. The issue of import permits for raw and worked ivory derived - from the African elephant (Loxodonta africana) is hereby prohibited. 2. By way of derogation from paragraph -1, import permits may be issued in the circumstances referred to in the Annex hereto. Member States shall inform the Commission of any permit issued under this provision. Article 2 . 'This Regulation shall enter into force on the day of ‘its publication in the Official Journal of the. European Community. This Regulation shall be binding in its entirety and- directly applicable in all Member States.- Done at Brussels, 2 August 1989. () OJ No L 384, 31. 12. 1982, p. 1. () OJ No L 66, 10. 3. 1989, p. 24. Fér the Commission Carlo RIPA DI MEANA Member of the Commission -~