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<p>[QUOTE="808 raver, post: 351079, member: 4654"]Exemptions, The government intends to exempt a narrow range of items containing ivory from the sales ban. We consulted on four broad categories of exemptions. These broad categories have now been refined and narrowed as follows: 1) De minimis Items with an ivory content of less than 10% by volume, and which were made prior to 1947, will be exempted from this ban on commercial activities. A 10% by volume de minimis threshold will mean the UK has amongst the toughest approaches to this category of exemption internationally. We believe that 10% both meets the need for a strong threshold and will be practical to enforce. 24 To fall within this exemption items must have been made prior to 1947. This date is already well-known by those familiar with the EU Wildlife Trade Regulations with as the date from which ivory items currently require a CITES certificate in order to be sold. 2) Musical instruments Musical instruments with an ivory content of less than 20%, and which were made prior to 1975, will be exempted from this ban on commercial activities. An exemption for musical instruments with less than 20% ivory by volume will cover the vast majority of commonly used and traded instruments. 1975 is the date at which Asian elephants were first listed under CITES. We have opted for a later date than that applied to the de minimis exemption in recognition that many instruments, such as pianos and violin bows, continued to be made using ivory into the late 20th century. Many of these instruments will be in current use by professional musicians. We do not intend to affect the commercial use or performance using musical instruments that may not meet this exemption. 3) Portrait miniatures Portrait miniatures produced prior to 100 years before the coming into force of this ban will be exempted for commercial activities. Portrait miniatures are recognised as being a discrete category of item which, although often painted on thin slivers of ivory, are not valued for their ivory content. Portrait miniatures were painted on ivory primarily between the 17th and 19th centuries. Whilst we did not consult on an exemption for portrait miniatures, a number of respondents from the antiques sector, the public and some conservation NGOs, indicated that they believed this exemption would be proportionate and justified. We agree with this assessment as we do not believe that sales of portrait miniatures fuel, directly or indirectly, the continued poaching of elephants. Portrait miniatures must have been produced at least 100 years prior to this sales ban coming into force. 4) The rarest and most important items of their type Items made of, or containing, ivory, which are assessed as of outstandingly high artistic, cultural or historical value, and are an example of the rarest and most important item of their type, will be exempted from this ban on commercial activities. This is because we recognise that there is a, fairly small, number of ivory items that are of outstandingly high 25 artistic, historic or cultural significance and that may be assessed as being rare and important examples of their type, e.g. in their particular category of function, artistic or historical period etc. We do not believe that such items contribute directly or indirectly to the continued poaching of elephants. We will empower a limited number of institutions, such as selected museums, to provide advice to the Animal and Plant Health Authority on whether an item should be exempted under this category. This is because we believe it is critical assessments are made by specialists in their fields, and those who have the greatest knowledge and professional experience in their particular field. We will also provide statutory guidance to participating advisory institutions on the criteria that items falling under this exemption must meet. This guidance will draw on existing criteria used by government to assess works of art for pre-eminence and national significance. Items exempted under this category must have been produced at least 100 years prior to this sales ban coming into force.[/QUOTE]</p><p><br /></p>
[QUOTE="808 raver, post: 351079, member: 4654"]Exemptions, The government intends to exempt a narrow range of items containing ivory from the sales ban. We consulted on four broad categories of exemptions. These broad categories have now been refined and narrowed as follows: 1) De minimis Items with an ivory content of less than 10% by volume, and which were made prior to 1947, will be exempted from this ban on commercial activities. A 10% by volume de minimis threshold will mean the UK has amongst the toughest approaches to this category of exemption internationally. We believe that 10% both meets the need for a strong threshold and will be practical to enforce. 24 To fall within this exemption items must have been made prior to 1947. This date is already well-known by those familiar with the EU Wildlife Trade Regulations with as the date from which ivory items currently require a CITES certificate in order to be sold. 2) Musical instruments Musical instruments with an ivory content of less than 20%, and which were made prior to 1975, will be exempted from this ban on commercial activities. An exemption for musical instruments with less than 20% ivory by volume will cover the vast majority of commonly used and traded instruments. 1975 is the date at which Asian elephants were first listed under CITES. We have opted for a later date than that applied to the de minimis exemption in recognition that many instruments, such as pianos and violin bows, continued to be made using ivory into the late 20th century. Many of these instruments will be in current use by professional musicians. We do not intend to affect the commercial use or performance using musical instruments that may not meet this exemption. 3) Portrait miniatures Portrait miniatures produced prior to 100 years before the coming into force of this ban will be exempted for commercial activities. Portrait miniatures are recognised as being a discrete category of item which, although often painted on thin slivers of ivory, are not valued for their ivory content. Portrait miniatures were painted on ivory primarily between the 17th and 19th centuries. Whilst we did not consult on an exemption for portrait miniatures, a number of respondents from the antiques sector, the public and some conservation NGOs, indicated that they believed this exemption would be proportionate and justified. We agree with this assessment as we do not believe that sales of portrait miniatures fuel, directly or indirectly, the continued poaching of elephants. Portrait miniatures must have been produced at least 100 years prior to this sales ban coming into force. 4) The rarest and most important items of their type Items made of, or containing, ivory, which are assessed as of outstandingly high artistic, cultural or historical value, and are an example of the rarest and most important item of their type, will be exempted from this ban on commercial activities. This is because we recognise that there is a, fairly small, number of ivory items that are of outstandingly high 25 artistic, historic or cultural significance and that may be assessed as being rare and important examples of their type, e.g. in their particular category of function, artistic or historical period etc. We do not believe that such items contribute directly or indirectly to the continued poaching of elephants. We will empower a limited number of institutions, such as selected museums, to provide advice to the Animal and Plant Health Authority on whether an item should be exempted under this category. This is because we believe it is critical assessments are made by specialists in their fields, and those who have the greatest knowledge and professional experience in their particular field. We will also provide statutory guidance to participating advisory institutions on the criteria that items falling under this exemption must meet. This guidance will draw on existing criteria used by government to assess works of art for pre-eminence and national significance. Items exempted under this category must have been produced at least 100 years prior to this sales ban coming into force.[/QUOTE]
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