Not a Toothless Law Countering Illicit Fossil Trafficking under Regulation (EU) 2019/880

Abstract

On 27 January 2025, French customs seized nine fossilized teeth from Morocco in transit to Italy. This case study discusses the legal framework for the seizure and evaluates it in light of European Council Regulation 2019/880 and French domestic law. Moreover, it problematizes the determination of the fossils’ origin and the blurred distinction between paleontology and archaeology and examines their implications for the regulation of the illicit fossil trade. Despite their structural similarities with undocumented antiquities, fossils are not covered by the licensing scheme under Article 4. Regulation 2019/880 still allows EU Member States to enforce Morocco’s export restrictions but seizures such as this one might require fossil market actors to change established practices.