For many years, any listing on Kleinanzeigen for an item containing ivory has been in violation of the platform’s policies. In addition, since 19 January 2022, a general ban on the commercial use of ivory has been in force throughout the EU – including pianos with ivory key coverings – pursuant to Article 8(1) of Regulation (EC) No 338/97, with substantial penalties for violations. This applies to both commercial and private sellers.
Our inquiry with what was then still eBay Kleinanzeigen in January 2023 resulted in the following clarification: “Our policy on prohibited items states: Trading in ivory and all ivory products is prohibited, regardless of the origin of the ivory or ivory product, including prehistoric ivory. This ban has been in place on eBay Kleinanzeigen for more than 10 years.”
Since 19 January 2022, a general ban on the commercial use of ivory has also been in force throughout the EU – including pianos with ivory key coverings – pursuant to Article 8(1) of Regulation (EC) No 338/97, unless an exemption certificate has been issued. Kleinanzeigen states in this regard: “Therefore, pianos for which a commercial-use certificate has been issued may not be listed on our platform either.” This means that pianos with ivory key coverings may no longer be offered on Kleinanzeigen at all – regardless of whether or not they have a certificate. The same generally applies to many other online marketplaces.
Every commercial seller must hold the required certificates for their entire stock of pianos with ivory key coverings, as well as for ivory in general. Private sellers also require such a certificate before a piano may be offered for sale. Nevertheless, numerous listings are posted every day that violate Kleinanzeigen’s policies – and often also the legal ban on commercial use, potentially making them subject to penalties.
A violation of the ban on commercial use is not a minor matter. The following is an excerpt from the official text: “Offering an item containing ivory without a valid certificate would constitute a violation of the ban on commercial use under Article 8(1) of Regulation (EC) No 338/97. Pursuant to Section 69(4) No. 3 of the German Federal Nature Conservation Act (BNatSchG), an administrative offence is committed by anyone who intentionally or negligently violates Regulation (EC) No 338/97 by, contrary to Article 8(1), also in conjunction with paragraph 5, purchasing, offering for purchase, acquiring for commercial purposes, displaying or using a specimen of a species referred to therein, or selling, keeping for sale, offering for sale or transporting such a specimen. For violations of the prohibition under Article 8(1) of Regulation (EC) No 338/97, Section 69(7), first alternative, BNatSchG provides for fines of up to EUR 50,000.”
Enforcement is also becoming increasingly stringent as a result of the Digital Services Act (DSA), which has been fully applicable since 17 February 2024. We have compiled further details on the subject of ivory on piano keys in this post. In addition, our latest book includes a practical checklist on this topic. findet sich zudem eine Checkliste dazu.
