For many years, any listing on Kleinanzeigen (Germany’s largest classifieds platform) for an item containing ivory has violated its policies. In addition, since January 19, 2022, a general ban on marketing ivory – and thus also pianos with ivory key coverings – has applied throughout the EU pursuant to Art. 8 (1) of Regulation (EC) No. 338/97, and severe penalties may be imposed. This applies to commercial and private sellers alike.
Our inquiry to what was then still eBay Kleinanzeigen (January 2023) produced this clarification: “Our policies on prohibited items state: trading in ivory and all ivory products, regardless of the origin of the ivory or ivory product, including prehistoric ivory. This ban has applied on eBay Kleinanzeigen for more than 10 years.”.
In addition, since January 19, 2022, a general ban on marketing ivory – and thus also pianos with ivory key coverings – has applied throughout the EU pursuant to Art. 8 (1) of Regulation (EC) No. 338/97, unless an exemption certificate has been issued. Kleinanzeigen writes: “Therefore, pianos that have a marketing certificate may not be offered on our platform either.” This means that pianos with ivory key coverings may no longer be offered on Kleinanzeigen at all – with or without a certificate. This usually applies to other platforms as well.
Every commercial seller needs certificates for its entire stock of pianos with ivory key coverings and for ivory in general. Private sellers also need this certificate before a piano may be offered. Nevertheless, many listings are posted every day that violate Kleinanzeigen’s policies – and often also the marketing ban, which would be punishable.
Violating the marketing ban is no trivial matter; here is an excerpt from the official text: “Offering an item containing ivory without a valid certificate would constitute a violation of the marketing ban under Art. 8 (1) of Regulation (EC) No. 338/97. Pursuant to Section 69 (4) No. 3 BNatSchG (Federal Nature Conservation Act), anyone who violates Regulation (EC) No. 338/97 by intentionally or negligently, contrary to Art. 8 (1), also in conjunction with (5), purchasing, offering to purchase, acquiring for commercial purposes, displaying or using a specimen of a species listed there, or selling or keeping for sale, offering or transporting a specimen, commits an administrative offense. For violations of the ban under Art. 8 (1) of Regulation (EC) No. 338/97, Section 69 (7) Alt. 1 BNatSchG provides for a fine of up to fifty thousand euros.”
The pressure to prosecute is also increasing due to the Digital Services Act (DSA), which came into force on February 17, 2024. We have summarized details on ivory on piano keys in this article. Our current book also contains a checklist on this.